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- 83rd Session (2025)
Assembly Bill No. 407–Assemblymember Brown-May
CHAPTER..........
AN ACT relating to trade practices; requiring an original equipment
manufacturer of certain equipment designed for a person with
a physical disability to make available certain documentation,
parts and tools for the diagnosis, maintenance or repair of the
equipment; prohibiting an original equipment manufacturer
from engaging in certain acts; exempting an original
equipment manufacturer from liability for certain damage or
injuries under certain circumstances; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law regulates trade practices and other commercial activities. (Title 52
of NRS) Section 26 of this bill: (1) requires an original equipment manufacturer of
equipment, which is defined by section 7.5 of this bill to mean a mobility device
designed for a person with a physical disability, including, without limitation, a
powered wheelchair, manual wheelchair, mobility scooter or power assist device
for a manual wheelchair , to make available to any independent repair provider or
owner of the equipment, on fair and reasonable terms, certain documentation, parts
and tools required for the diagnosis, maintenance or repair of the equipment; and
(2) sets forth the circumstances under which documentation, parts and tools are
made available on fair and reasonable terms . Section 3 of this bill defin es
“authorized repair provider” to mean a person operating in this State who is not
affiliated with an original equipment manufacturer and who has an arrangement
with an original equipment manufacturer to use a proprietary identifier of the
original equipment manufacturer to offer the services of diagnosis, maintenance or
repair of the manufacturer’s equipment. Section 8 of this bill defines “independent
repair provider” to mean: (1) a person operating in this State who is engaged in the
services of diagnos is, maintenance or repair of equipment and who does not have
an arrangement with an original equipment manufacturer as an authorized repair
provider; or (2) an original equipment manufacturer or an authorized repair
provider of such a manufacturer who enga ges in the services of diagnosis,
maintenance or repair of equipment that is not manufactured, sold or supplied by
the manufacturer.
Section 25 of this bill provides that an original equipment manufacturer is
considered an authorized repair provider if, i n the regular course of business, the
original equipment manufacturer offers to an owner the services of diagnosis,
maintenance or repair of its own equipment.
Section 28 of this bill prohibits an original equipment manufacturer from: (1)
retaliating agai nst an authorized repair provider for providing or selling, or
hindering the ability of an authorized repair provider to provide or sell,
documentation, parts or tools pursuant to the provisions of this bill; or (2)
conditioning or imposing an obligation o r restriction that is not reasonably
necessary to enable an independent repair provider or owner of equipment to
diagnose, maintain or repair equipment. Section 28 also prohibits an original
equipment manufacturer from using certain mechanisms to: (1) prev ent an
independent repair provider or an owner from installing or enabling the function of
an otherwise functional replacement part or component of equipment; (2) reduce
the functionality or performance of equipment; or (3) cause equipment to display
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misleading alerts or warnings about unidentified parts which the owner cannot
immediately dismiss.
Section 30 of this bill sets forth certain limitations on the construction of the
provisions of this bill. Section 31 of this bill exempts an original equipment
manufacturer and authorized repair provider from liability for damage or injury
caused to any equipment, person or property which occurs as a result of the
diagnosis, maintenance, repair or modification of equipment performed by an
owner or independent repair provider.
Section 32.5 of this bill provides that a violation of the provisions of this bill
constitutes a deceptive trade practice , thereby subjecting a person who commits
such a violation to certain civil and criminal penalties.
Sections 3-22 of this bill define various terms for the purposes of this bill.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 32.5, inclusive, of
this act.
Sec. 2. As used in sections 2 to 32.5, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 3 to 22, inclusive, of this act have the meanings
ascribed to them in those sections.
Sec. 3. “Authorized repair provider” means:
1. A person operati ng in this State who is not affiliated with
an original equipment manufacturer and who has an arrangement
with an original equipment manufacturer under which the
original equipment manufacturer grants to the person a license to
use a trade name, service ma rk or other proprietary identifier for
the purposes of offering the services of diagnosis, maintenance or
repair of equipment under the name of the original equipment
manufacturer or other arrangement with the original equipment
manufacturer to offer such services on behalf of the original
equipment manufacturer; or
2. An original equipment manufacturer who is considered an
authorized repair provider pursuant to section 25 of this act.
Sec. 4. “Authorized third -party provider” means a person
who is not affiliated with an original equipment manufacturer and
who has an arrangement with an original equipment
manufacturer under which the original equipment manufacturer
grants to the person a license to use a trade name, service mark or
other proprietary iden tifier for the purposes of distributing
documentation, parts, embedded software, firmware or tools.
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Sec. 5. “Diagnosis” means the process of attempting to
identify the issue or issues that cause equipment not to be in fully
working order.
Sec. 6. (Deleted by amendment.)
Sec. 7. “Documentation” means any manual, diagram,
procedure for the performance of maintenance, functional
diagram, wiring diagram, reporting of output, description of a
code for required service , schematic for a circuit board, s ecurity
code, password, training material, information for
troubleshooting, list of parts, list of tools or other guidance or
information that enables a person to diagnose, maintain, repair or
update equipment.
Sec. 7.2. “Embedded software” means program mable
instructions provided on firmware delivered with an electronic
component of equipment or with any part for the purpose of
restoring or improving the operation of the equipment or part and
includes, without limitation, all relevant patches and fixes that the
original equipment manufacturer makes to equipment or to any
part for the purpose of restoring or improving the equipment or
part.
Sec. 7.5. “Equipment” means a mobility device designed for
a person with a physical disability, including, without limitation, a
powered wheelchair, manual wheelchair, mobility scooter or
power assist device for a manual wheelchair.
Sec. 7.8. “Firmware” means a software program or set of
instructions programmed on equipment or a part to allow the
equipment or part to communicate with itself or with other
computer hardware.
Sec. 8. “Independent repair provider” means:
1. A person operating in this State who:
(a) Is engaged in the business of providing the services of
diagnosis, maintenance or repair of equipment;
(b) Does not have an arrangement described in subsection 1 of
section 3 of this act; and
(c) Is not affiliated with an authorized repair provider.
2. An original equipment manufacturer or an authorized
repair provider who has an arrangement described in subsection 1
of section 3 of this act with an original equipment manufacturer
who engages in the services of diagnosis, maintenance or repair of
equipment that is not manufactured by or on behalf of or sold or
supplied by the original equipment manufacturer.
Sec. 9. “Maintenance” means any act necessary to keep
equipment that is currently working in fully working order.
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Sec. 10. “Manual wheelchair” means a wheeled mobility
device that is a chair than can eith er be propelled by the user or
pushed by another person.
Sec. 11. “Mobility scooter” means an electric personal
transporter that is used as a mobility aid for a person who needs
assistance with walking or moving from one place to another.
Sec. 12. “Modification” or “modify” means any alteration to
equipment that is not maintenance or a repair.
Secs. 13-15. (Deleted by amendment.)
Sec. 16. “Original equipment manufacturer” means a person
who, in the normal course of business, is engaged in the sel ling or
leasing of equipment manufactured by or on behalf of the person
to any other person in this State.
Sec. 17. “Owner” means a person who owns or leases
equipment purchased or used in this State.
Sec. 17.5. “Pair a part” or “parts pairing” means the
practice by a manufacturer of using software to identify
component parts through a unique identifier.
Sec. 18. “Part” means any replacement part or assembly of
parts, either new or used, made available by an original equipment
manufacturer for the pu rposes of effecting the diagnosis,
maintenance or repair of equipment manufactured or sold by the
original equipment manufacturer.
Sec. 18.5. “Power assist device” means a device which is
attached to a manual wheelchair to enable the user to propel the
wheelchair with the expenditure of less effort.
Sec. 19. “Powered wheelchair” means a self -propelled
vehicle, including a three -wheeled vehicle, designed for and used
by a person with a disability or a barrier to personal mobility.
Sec. 20. “Repair” means any act necessary to restore
equipment to fully working order.
Sec. 21. “Tool” means any software program, hardware
implement or other apparatus used for the diagnosis, maintenance
or repair of equipment, including, without limitation, software or
other mechanism that provides or calibrates functionality,
program, pair a part or perform any other function required to
diagnose, maintain, repair or update the original equipment or
part to keep the equipment or part in, or return the equipment or
part to, fully functional condition.
Sec. 22. “Trade secret” has the meaning ascribed to it in
NRS 600A.030.
Secs. 23 and 24. (Deleted by amendment.)
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Sec. 25. For the purposes of sections 2 to 32.5, inclusive, of
this act, an original equipment manufacturer who, in the regular
course of business, offers to an owner the services of diagnosis,
maintenance or repair of its own equipment shall be considered an
authorized repair provider with respect to such equipment.
Sec. 26. 1. An original equip ment manufacturer shall
make available to any independent repair provider or owner of
equipment manufactured by the original equipment manufacturer,
on fair and reasonable terms, a ny documentation, parts and tools
that are intended for use with the equipme nt or any part,
including, without limitation, updates to embedded software,
firmware or other documentation, parts and tools. The
documentation, parts and tools described in this subsection must
be made available to an independent repair provider or owner of
equipment manufactured by the original equipment manufacturer,
either:
(a) Directly by the original equipment manufacturer; or
(b) Indirectly, through an authorized repair provider or
authorized third-party provider.
2. For the purposes of subsection 1 , with respect to an
original equipment manufacturer who has an arrangement with
an authorized repair provider described in subsection 1 of section
3 of this act:
(a) Documentation is made available by the original
equipment manufacturer on fa ir and reasonable terms if the
documentation, including, without limitation, any relevant
updates, is made available free of charge, except that, if the
documentation is requested in physical printed form, a charge may
be imposed for the reasonable, actual costs of preparing and
sending the documentation.
(b) A part is made available by the original equipment
manufacturer on fair and reasonable terms if:
(1) The part is made available at a cost and on terms that
are equivalent to the most fair and reasonable costs and terms
under which the original equipment manufacturer offers the part
to an authorized repair provider, accounting for any discount,
rebate, convenient and timely means of delivery, means of
enabling fully restored and updated functionality, rights of use or
any other incentive or preference the original equipment
manufacturer offers to an authorized repair provider; and
(2) The availability of the part is not conditioned on and
does not impose a substantial obligation to use or restrict t he use
of the part to diagnose, maintain or repair the equipment sold,
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leased or otherwise supplied by the original equipment
manufacturer.
(c) A tool is made available by the original equipment
manufacturer on fair and reasonable terms if the tool is ma de
available:
(1) Without imposing impediments to access to or the use of
the tools to diagnose, maintain or repair the equipment and enable
full functionality of the equipment;
(2) In a manner that does not impair the efficient and cost -
effective performance of diagnosis, maintenance or repair of the
equipment; and
(3) Free of charge , except that, if the tool is requested in
physical form, a charge may be imposed for the reasonable, actual
costs of preparing and sending the tool.
3. For the pur poses of subsection 1, with respect to an
original equipment manufacturer who does not have an
arrangement with an authorized repair provider described in
subsection 1 of section 3 of this act, documentation, a part or a
tool is made available by the original equipment manufacturer on
fair and reasonable terms if the documentation, part or a tool is
made available at a price that reflects the actual cost incurred by
the original equipment manufacturer to prepare and delive r the
documentation, part or tool, not including any research or
development costs.
Sec. 27. (Deleted by amendment.)
Sec. 28. An original equipment manufacturer shall not:
1. Retaliate against an authorized repair provider for
providing or selling, o r hinder the ability of an authorized repair
provider to provide or sell, as applicable, documentation, parts or
tools pursuant to sections 2 to 32.5, inclusive, of this act through
any means, including, without limitation, by imposing a restriction
on advertising or a limitation on an allocation of a product that is
not related to a legitimate shortage of that product;
2. Condition or impose an obligation or restriction that is not
reasonably necessary to enable an independent repair provider or
owner to diagnose, maintain or repair equipment made by or on
behalf of the original equipment manufacturer; or
3. Use parts pairing or any other mechanism to:
(a) Prevent or inhibit an independent repair provider or an
owner from installing or enabling the fu nction of an otherwise
functional replacement part or a component of equipment,
including, without limitation, a replacement part or a component
that the original equipment manufacturer has not approved;
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(b) Reduce the functionality or performance of equipment; or
(c) Cause equipment to display misleading alerts or warnings
about unidentified parts which the owner cannot immediately
dismiss.
Sec. 29. (Deleted by amendment.)
Sec. 30. Nothing in sections 2 to 32.5, inclusive, of this act
shall be construed to:
1. Require an original equipment manufacturer to divulge
any trade secret to any independent repair provider or owner
except as necessary to provide documentation, parts or tools on
fair and reasonable terms and costs.
2. Alter the terms of any arrangement described in subsection
1 of section 3 of this act in force between an original equipment
manufacturer and an authorized repair provider, including,
without limitation, the performance or provision of work in the
form of repairs pursuant to warranty or recall by an authorized
repair provider on behalf of an original equipment manufacturer
pursuant to the arrangement, except that any provision in such
terms that purports to waive, avoid, restrict or limit the obligations
of the original eq uipment manufacturer to comply with sections 2
to 32.5, inclusive, of this act is void and unenforceable.
3. Require an original equipment manufacturer or an
authorized repair provider to provide to an independent repair
provider or owner access to infor mation, other than
documentation, that is provided by the original equipment
manufacturer to an authorized repair provider pursuant to the
terms of an arrangement described in subsection 1 of section 3 of
this act.
4. Require an original equipment manufa cturer to sell a part
that is required or used to service equipment if the part is no
longer made available to an authorized service provider by the
original equipment manufacturer.
5. Prevent an original equipment manufacturer from
establishing reasonable programs for the training or certification
of independent repair providers, except that an original equipment
manufacturer shall not require an independent repair provider to
complete any such program for training or certification as a
condition to be entitled to any of the rights granted under sections
2 to 32.5, inclusive, of this act.
Sec. 31. An original equipment manufacturer or authorized
repair provider is not liable for any damage or injury caused to
any equipment, person or property, including, without limitation,
any:
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1. Indirect, incidental, special or consequential damages;
2. Loss of data, privacy or profits; or
3. Inability to use or reduced functionality of equipment,
which occurs as a result of the diagnosis, maintenance , repair
or modification of equipment performed by an independent repair
provider or owner.
Sec. 32. (Deleted by amendment.)
Sec. 32.5. A violation of the provisions of sections 2 to 32.5,
inclusive, of this act constitutes a deceptive trade practice for the
purposes of NRS 598.0903 to 598.0999, inclusive.
Sec. 33. This act becomes effective upon passage and
approval.
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