The proposed bill introduces the Equipment Right to Repair Act, which aims to enhance the rights of equipment owners and independent repair providers in West Virginia. It establishes a framework that requires manufacturers to provide documentation, parts, and tools necessary for the diagnosis, maintenance, or repair of equipment on fair and reasonable terms. The bill defines key terms such as "authorized repair provider," "independent repair provider," and "equipment," and outlines the jurisdiction of the Commissioner of Agriculture to oversee the implementation of the act. Additionally, it includes provisions for rulemaking, civil penalties for violations, and the ability for the Commissioner to seek injunctive relief.

The bill also sets limitations on the obligations of manufacturers, ensuring they are not required to disclose trade secrets or provide non-diagnostic documentation. It prohibits independent repair providers and owners from modifying safety features or software related to horsepower or emission control systems. The act is designed to take effect on July 1, 2025, and applies to all equipment, attachments, and parts sold, leased, or in use in the state from that date forward.

Statutes affected:
Introduced Version: 19-40-1, 19-40-2, 19-40-3, 19-40-4, 19-40-5, 19-40-6, 19-40-7, 19-40-8, 19-40-9, 19-40-10