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 of farm equipment to provide necessary documentation, parts, and tools for the diagnosis, maintenance, or repair of their equipment after the expiration of the warranty period. This requirement is set to last for 50 years from the original manufacture date of the equipment. The bill also defines key terms, including "authorized repair provider," "independent repair provider," and "equipment," and assigns jurisdiction to the Commissioner of Agriculture to oversee the implementation of the act.
Additionally, the bill outlines limitations on the obligations of manufacturers, such as not requiring them to disclose trade secrets or provide access to non-diagnostic documentation. It establishes civil penalties for violations, with a minimum penalty of $1,000 for each infraction, and allows for injunctive relief to enforce compliance. The act is set to take effect on July 1, 2026, and will remain in force until July 1, 2029. Overall, the Equipment Right to Repair Act seeks to empower equipment owners and independent repair providers while balancing the interests of manufacturers.
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