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 necessary documentation, parts, and tools for the diagnosis, maintenance, or repair of equipment once the new equipment warranty expires. The bill defines key terms, including "authorized repair provider," "independent repair provider," and "embedded software," and assigns jurisdiction over the act to the Commissioner of Agriculture. Additionally, it outlines the requirements for manufacturers, limitations on their obligations, and the rulemaking process for implementing the act.

The bill also sets forth penalties for violations, allowing for civil actions and injunctive relief to ensure compliance. Manufacturers and repair providers found in violation of the act may face civil penalties starting at $1,000 for each infraction, with each day of continued violation counting as a separate offense. The act is set to take effect on July 1, 2025, and will remain in force until July 1, 2028, after which it will have no further effect. Overall, the Equipment Right to Repair Act seeks to empower equipment owners and promote fair competition in the repair industry.

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