Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill generally requires a manufacturer of new powered wheelchairs or powered wheelchair parts to, with fair and reasonable terms and costs, do the following:

(1) For the purpose of providing services for a powered wheelchair in this state, make available to an independent repair provider or owner of the manufacturer's powered wheelchair any documentation, powered wheelchair parts, embedded software, firmware, or tools that are intended for use with the powered wheelchair or part, including updates to documentation, parts, embedded software, firmware, or tools; and

(2) With respect to a powered wheelchair that contains an electronic security lock or other security-related function, make available to independent repair providers and owners any documentation, powered wheelchair parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services.

EXEMPTIONS

This bill provides that the requirements above do not apply to the following:

(1) A powered wheelchair that is no longer available to the manufacturer; and

(2) Conduct that would require a manufacturer to divulge a trade secret. However, this bill prohibits a manufacturer from refusing to make available to an independent repair provider or owner any documentation, part, embedded software, firmware, or tool necessary to provide services on the grounds that such item, itself, is a trade secret.

AUTHORIZED CONDUCT

This bill authorizes a manufacturer to do the following:

(1) Redact documentation to remove trade secrets before providing access, if the usability of the related documentation for the purpose of providing services is not diminished; and

(2) Withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, firmware, or tool if the information is a trade secret and usability for the purpose of providing services is not diminished.

LIABILITY

This bill provides that a manufacturer is not liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause damage to the powered wheelchairs that occur during such repairs; any indirect, incidental, special, or consequential damages; or an inability to use, or a reduced functionality of, a powered wheelchair resulting from the faulty or otherwise improper repair. However, this bill does not exempt a manufacturer from a products liability claim that is otherwise authorized by law.

CONTRACTS

This bill does not alter the terms of contract or other arrangement in force between a manufacturer and an authorized repair provider, including the performance or provision or warranty or recall repair work and an exclusivity or noncompete clause; nor does this bill require a manufacturer to provide an independent repair provider or owner access to information, other than documentation, that the manufacturer provides to an authorized repair provider pursuant to a contract or other arrangement with the authorized repair provider, except as necessary to comply with previous provisions.

A contract or other arrangement, or renewal of such a contract or arrangement, that has a contract term, provision, agreement, or language that waives, avoids, restricts, or limits the manufacturer's obligations under this bill is void and unenforceable.

APPLICABILITY

This bill applies to contracts and agreements entered into, amended, or renewed on or after July 1, 2023.