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 farm equipment upon the expiration of the warranty. 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 limitations on manufacturers regarding trade secrets and existing repair agreements, ensuring that compliance with the act does not interfere with authorized repair contracts.

The bill also includes provisions for rulemaking, civil penalties for violations, and the ability for the Commissioner to seek injunctive relief through the courts. Violators of the act may face civil penalties starting at $1,000 for each violation, 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.

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