Bill
HB 938
Requires manufacturers to provide diagnostic info, parts, tools, and firmware to independent repair providers and owners on fair, non-discriminatory terms.
Status & Key Dates
- Bill number: HB 938 (Right to Repair Digital Electronics Act)
- Introduced: filed in 2024–2025 session (listed as Nov 12, 2024 / activity through April–May 2025)
- Current procedural status (per provided record): Passed 1st Reading and referred to committee(s) (State Affairs / Rules). Multiple committee actions and readings occurred in early–mid 2025.
- Codification (draft): would add a new Article 9 to Chapter 75 (General Statutes), creating §§ 75‑150 through 75‑153 (and related sections).
Purpose / Intent
- Require manufacturers of “digital electronic products” sold or used in the state to enable broader access to repair: make diagnostic information, repair documentation, parts, firmware updates, and diagnostic tools available to independent repair providers and product owners on non‑discriminatory, “fair and reasonable” terms. The aim is to expand consumer choice, enable third‑party repairs, and reduce barriers to repair.
Key Definitions (selected)
- Digital electronic product: any part or machine containing a microprocessor originally manufactured for distribution and sale in the U.S.
- Independent repair provider: a person or business not affiliated with the manufacturer that conducts diagnosis, maintenance, or repair.
- Authorized repair provider: a provider operating under a license/agreement with a manufacturer.
- Documentation, Embedded software, Service parts, Trade secret: defined for scope and limits of obligations.
- “Fair and reasonable terms”: priced equitably based on factors such as manufacturer’s net cost, distribution/preparation costs (excluding R&D), and comparable market prices.
Major Requirements / Provisions
- Information access (§ 75‑151(a)(1)): Manufacturers must provide independent repair facilities and owners diagnostic and repair information (including technical updates, diagnostic software, service access passwords, firmware updates and related documentation) free of charge and in the same manner provided to the manufacturer’s authorized repair providers.
- Parts and firmware (§ 75‑151(a)(2)): Manufacturers must make service parts (and firmware updates for parts) available for purchase by owners or their agents on fair and reasonable terms, unless parts are no longer available to the manufacturer or authorized channel.
- Tools (§ 75‑151(c)): Manufacturers must make available for purchase the same diagnostic repair tools (including remote diagnostic capabilities) that they provide to their own repair/engineering staff or authorized providers, on fair and reasonable terms.
- Format / proprietary restrictions (§ 75‑151(b)): If manufacturers sell repair information in standardized formats more favorably to third parties, they generally cannot require authorized providers to continue buying proprietary formats, unless the proprietary format contains unique functionality not available in the standard format.
- Security‑related functions (§ 75‑151(e)): Manufacturers cannot withhold information necessary to reset or service security‑related electronic functions; where appropriate, such information may be provided through a secure data release system.
- Aftermarket vendors (§ 75‑151(d)): Providing repair information to aftermarket tool or service information systems satisfies manufacturer obligations (manufacturer not responsible thereafter for content/functionality of aftermarket products).
- Trade secrets (§ 75‑152): The act does not require manufacturers to disclose trade secrets.
- Contract relationships (§ 75‑153): The act does not abrogate or alter existing agreements between manufacturers and authorized repair providers; contractual rights and remedies remain available.
Who is Affected
- Directly affected: manufacturers of digital electronic products sold/used in the state; independent repair providers; owners/consumers; authorized repair networks; aftermarket tool vendors.
- Likely impacts: greater access to repair information, parts, and tools for independent repair shops and owners; potential reduced repair costs and extended product lifespans. Manufacturers will need to change distribution and information‑sharing practices but retain trade secret protections and contractual channels.
Enforcement / Penalties
- The provided text is truncated and does not include detailed enforcement, penalty, or private‑right‑of‑action provisions in the excerpts supplied. (Full bill text should be consulted to confirm enforcement mechanics.)
Fiscal/Other Notes
- No fiscal analysis for this specific Right to Repair draft was provided in the excerpt. Implementation costs for manufacturers and possible administrative oversight (if any) are not specified in the available text.
Limitations / Additional Information
- The version provided is an edition of a draft bill; some sections in the source materials are truncated. For full compliance obligations, enforcement mechanisms, and final statutory language, consult the final introduced or enacted bill text and committee reports.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
