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HB 2373

Relating to creating the Equipment Right to Repair Act

2025 Regular Session Introduced by Marshall Clay and 2 co-sponsors

House Bill 2373 empowers West Virginia farmers and independent repair providers by ensuring access to repair tools and documentation for farm equipment post-warranty.

To House Government Adminstration
#agriculture
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Bill Summary · HB 2373

Summary of House Bill 2373: Equipment Right to Repair Act

Purpose and Intent

House Bill 2373, titled the Equipment Right to Repair Act, aims to enhance the rights of equipment owners and independent repair providers in West Virginia. The bill seeks to ensure that individuals and businesses can access necessary documentation, parts, and tools for the diagnosis, maintenance, and repair of farm equipment after the expiration of the manufacturer's warranty. This legislation is particularly relevant in the context of agriculture, where equipment reliability is crucial for operational efficiency.

Key Provisions

The bill introduces several important provisions, including:

  1. Short Title: The act is officially known as the Equipment Right to Repair Act.

  2. Definitions: The bill defines key terms such as:

    • Authorized Repair Provider: Entities licensed by manufacturers to offer repair services.
    • Independent Repair Provider: Unaffiliated businesses providing repair services.
    • Farm Equipment: Equipment used in agricultural operations, excluding vehicles primarily for transport.

  3. Jurisdiction: The Commissioner of the Department of Agriculture is granted exclusive authority to implement the provisions of the act.

  4. Manufacturer Requirements: Manufacturers must provide access to:

    • Documentation and tools necessary for repair after the warranty period.
    • Technical updates and corrections to embedded software.

  5. Limitations: The bill outlines certain limitations, including:

    • Manufacturers are not required to disclose trade secrets.
    • Existing authorized repair agreements remain intact, and manufacturers are not liable for damages caused during repairs by independent providers.

  6. Rulemaking Authority: The Commissioner is tasked with proposing rules for legislative approval to enforce the act, including mechanisms for resolving violations and assessing civil penalties.

Impact

The Equipment Right to Repair Act is expected to benefit:
- Farm Equipment Owners: By ensuring they can maintain and repair their equipment without being restricted by manufacturers.
- Independent Repair Providers: By granting them access to necessary tools and documentation, leveling the playing field against authorized repair providers.
- Agricultural Efficiency: By potentially reducing downtime for equipment repairs, thus enhancing productivity in the agricultural sector.

Procedural Aspects

  • Introduced: February 13, 2025
  • Current Status: The bill has been referred to the House Government Administration Committee and subsequently to the Judiciary Committee for further consideration.

This legislation represents a significant step towards empowering equipment owners and fostering a more competitive repair market in West Virginia's agricultural sector.

Compiled from official sources — confirm details with the bill’s official record.

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