Enact the Digital Fair Repair Act

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 176

2025-2026

Senator Blessing

To
enact sections 1350.01, 1350.011, 1350.02, 1350.03, 1350.04, and
1350.05 of the Revised Code
to
enact the Digital Fair Repair Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1350.01, 1350.011, 1350.02, 1350.03, 1350.04, and 1350.05 of
the Revised Code be enacted to read as follows:

Sec.
1350.01.
As
used in this chapter:

(A)(1)
"Authorized repair provider" means a person that has an
arrangement with the 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 identifier for the
purposes of offering diagnosis, maintenance, or repair of digital
electronic 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.

(2)
"Authorized repair provider" includes an original equipment
manufacturer that offers the services of diagnosis, maintenance, or
repair of its own digital electronic equipment.

(B)
"Board-level component" means any electrical part attached
to a circuit board, such as microchips, sensors, transistors, and
capacitors.

(C)
"Diagnosis" means the process of identifying any issues
that cause digital electronic equipment or parts for such equipment
to not be in fully working order.

(D)(1)
"Digital electronic equipment" means any product that has a
value over ten dollars, adjusted annually in the manner described in
section 1350.011 of the Revised Code, that depends for its
functioning, in whole or in part, on digital electronics embedded in
or attached to the product.

(2)
"Digital electronic equipment" does not include any of the
following:

(a)
A motor vehicle, utility vehicle, low-speed vehicle, or under-speed
vehicle, as defined in section 4501.01 of the Revised Code;

(b)
An all-purpose vehicle, as defined in section 4519.01 of the Revised
Code;

(c)
A watercraft, as defined by section 1546.01 of the Revised Code;

(d)
An aircraft, as defined in section 4561.01 of the Revised Code, an
unmanned aerial vehicle system, as defined in section 4561.50 of the
Revised Code, or a satellite;

(e)
A medical device;

(f)
Construction equipment, as defined in section 1353.01 of the Revised
Code, including industrial, compact construction, mining, or
road-building equipment;

(g)
A product purchased, installed, and maintained by a public utility,
as defined in section 4905.02 of the Revised Code;

(h)
Safety communications equipment, for which the intended use is
emergency response or prevention purposes by an emergency response
organization, such as fire and rescue services, law enforcement, or
emergency medical services;

(i)
A device, such as a set-top box, modem, or all-in-one device, that is
distributed by a cable service provider, as defined by section
1332.01 of the Revised Code, or a telecommunications carrier, as
defined by the "Telecommunications Act of 1996," 47 U.S.C.
153, and delivers internet, video, or voice services to a customer,
if the service provider offers equivalent or better, readily
available replacement equipment at no charge to the customer;

(j)
Fire alarm systems, intrusion detection equipment that is provided
with a security monitoring service, life safety systems, and physical
access control equipment, including electronic keypads and similar
building access control electronics.

(E)
"Documentation" means any manual, diagram, reporting
output, service code description, schematic, security code, password,
or other guidance or information used in effecting the services of
diagnosis, maintenance, or repair of digital electronic equipment or
parts for such equipment.

(F)
"Fair and reasonable terms" means making available parts,
tools, or documentation that satisfy the conditions set forth in
section 1350.03 of the Revised Code.

(G)
"Independent repair provider" means a person in this state
that does not have an authorized repair provider arrangement
described in division (A) of this section and that is engaged in the
services of diagnosis, maintenance, or repair of digital electronic
equipment.

(H)
"Maintenance" means any act necessary to keep currently
working digital electronic equipment or parts for such equipment in
fully working order.

(I)
"Medical device" means an instrument, apparatus, implement,
machine, contrivance, implant, or other similar or related article,
including any component, part, or accessory, that is intended for use
in the diagnosis of disease or other conditions, or in the cure,
mitigation, treatment, or prevention of disease, in humans or
animals. "Medical device" does not include general wellness
products intended to maintain or encourage a healthy lifestyle and
that are unrelated to the diagnosis, cure, mitigation, prevention, or
treatment of a disease or condition.

(J)
"Modifications" or "modify" means any alteration
to digital electronic equipment that is not maintenance and not a
repair.

(K)
"Original equipment manufacturer" means a person that, in
the normal course of business, is engaged in the business of selling,
leasing, or otherwise supplying digital electronic equipment
manufactured by or on behalf of itself, to any person.

(L)
"Owner" means a person that owns or leases digital
electronic equipment purchased or used in this state.

(M)
"Part" means any piece or component, including board-level
components, that is essential to the full functionality of digital
electronic equipment, including any auxiliary attachments that
improve the performance, safety, operation, or efficiency of such
equipment.

(N)
"Parts pairing" means any practice by a product
manufacturer of using software to identify component parts through a
unique identifier.

(O)
"Repair" means any act needed to restore digital electronic
equipment or parts for such equipment to fully working order.

(P)
"Tool" means any software program, hardware implement, or
other apparatus used for diagnosis, maintenance, or repair of digital
electronic equipment or parts for such equipment.

"Tool"
includes software or other mechanisms that provide, program, or pair
a part; calibrate functionality; or perform any other function
required to bring the equipment or part back to a fully functional
condition, including any updates.

Sec.
1350.011.
In
November, or as soon as practicable thereafter, each year that begins
after the effective date of this section, the director of commerce
shall increase or decrease the value threshold above which a product
may qualify as digital electronic equipment by multiplying the value
threshold that applies for that year by the cumulative percentage
change in the consumer price index (all items, all urban consumers)
prepared by the bureau of labor statistics of the United States
department of labor for the twelve-month period ending on the
immediately preceding thirtieth day of September. The amount
resulting from the computation, rounded to the nearest one cent,
applies to the following calendar year.

The
director shall publish on a web site maintained by the department of
commerce the adjusted amount and the dates to which that amount
applies.

Sec.
1350.02.
(A)(1)
For digital electronic equipment and parts sold or used in this
state, an original equipment manufacturer shall make available for
purposes of diagnosis, maintenance, or repair any documentation,
parts, and tools, including any updates to information or embedded
software, to both of the following on fair and reasonable terms:

(a)
Any independent repair provider;

(b)
The owner of digital electronic equipment manufactured by or on
behalf of, or sold or otherwise supplied by, the original equipment
manufacturer.

(2)
Nothing in division (A)(1) of this section requires an original
equipment manufacturer to make available a part that is no longer
available to the original equipment manufacturer.

(3)
The documentation, parts, and tools described in division (A)(1) of
this section shall be made available either directly by the original
equipment manufacturer or by an authorized repair provider.

(B)
For digital electronic equipment that contains an electronic security
lock or other security-related function, the original equipment
manufacturer shall make available to the owner and to independent
repair providers, on fair and reasonable terms, any special
documentation, tools, and parts needed to disable the lock or
function, and to reset it when disabled in the course of diagnosis,
maintenance, or repair of the digital electronic equipment. Such
documentation, tools, and parts may be made available by means of an
appropriate secure system.

(C)
An original equipment manufacturer shall not use parts pairing or any
other mechanism to do either of the following:

(1)
Prevent the installation or functioning of any otherwise-functional
part, including a non-manufacturer approved replacement part or
component;

(2)
Inhibit or reduce the functioning of any part or board-level
component, such that replacement by an independent repair provider or
the device owner would cause the device to operate with reduced
functionality or performance.

Sec.
1350.03.
(A)
With respect to documentation required to be made available under
section 1350.02 of the Revised Code, the original equipment
manufacturer shall make such documentation available at no charge,
except that, when the documentation is requested in physical printed
form, the original equipment manufacturer may charge for the
reasonable, actual costs of preparing and sending the documentation.

(B)
With respect to tools required to be made available under section
1350.02 of the Revised Code, the original equipment manufacturer
shall make such tools available, as follows:

(1)
At no charge, except that, when the tool is requested in physical
form, the original equipment manufacturer may charge for the
reasonable, actual costs of preparing and sending the tool;

(2)
Without requiring authorization or internet access for use or
operation of the tool;

(3)
Without imposing impediments to the access or use of the tool to
diagnose, maintain, or repair and enable full functionality of
digital electronic equipment or parts for such equipment;

(4)
Without impairing the efficient and cost-effective performance of any
such diagnosis, maintenance, or repair.

(C)
With respect to parts required to be made available under section
1350.02 of the Revised Code, the original equipment manufacturer
shall make such parts available, either directly or through an
authorized repair provider, to independent repair providers and
owners at costs and terms that are equivalent to the most favorable
costs and terms under which an original equipment manufacturer offers
the part to an authorized repair provider, provided such costs and
terms:

(1)
Account for any discount, rebate, convenient and timely means of
delivery, means of enabling fully restored and updated functionality,
right of use, or other incentive or preference the original equipment
manufacturer offers to an authorized repair provider;

(2)
Account for any reasonable, actual costs, burdens, or impediments the
original equipment manufacturer incurs to provide the part to the
owner or to an independent repair provider;

(3)
Exclude any condition or substantial obligation or restriction that
is not reasonably necessary for enabling the owner or independent
repair provider to engage in the diagnosis, maintenance, or repair of
the digital electronic equipment made by or on behalf of the original
equipment manufacturer;

(4)
Not be conditioned on an arrangement described in division (A) of
section 1350.01 of the Revised Code.

Sec.
1350.04.
(A)
Subject to division (B) of this section, a violation of section
1350.02 of the Revised Code is an unfair or deceptive act or practice
in violation of section 1345.02 of the Revised Code. A person injured
by a violation of section 1350.02 of the Revised Code has a cause of
action and is entitled to the same relief available to a consumer
under section 1345.09 of the Revised Code. All powers and remedies
available to the attorney general to enforce sections 1345.01 to
1345.13 of the Revised Code are available to the attorney general to
enforce section 1350.02 of the Revised Code.

(B)
No original equipment manufacturer or authorized repair provider
shall be liable for any damage or injury caused to any digital
electronic equipment by an independent repair provider or owner that
occurs during the course of repair, diagnosis, maintenance, or
modification of the digital electronic equipment, including:

(1)
Indirect, incidental, special, or consequential damages;

(2)
Loss of data, privacy, or profits;

(3)
Inability to use, or reduced functionality of, the digital electronic
equipment.

Sec.
1350.05.
(A)
Nothing in this chapter shall be construed to require an original
equipment manufacturer to divulge a trade secret to any owner or
independent service provider except as necessary to provide
documentation, parts, and tools on fair and reasonable terms.

(B)(1)
Except as provided in division (B)(2) of this section, nothing in
this chapter shall be construed to alter the terms of any authorized
repair provider arrangement described in division (A) of section
1350.01 of the Revised Code in force between an authorized repair
provider and an original equipment manufacturer, including the
performance or provision of warranty or recall repair work by an
authorized repair provider on behalf of an original equipment
manufacturer pursuant to such arrangement.

(2)
Any provision in the terms of an authorized repair provider
arrangement described in division (A) of section 1350.01 of the
Revised Code that waives, avoids, restricts, or limits the original
equipment manufacturer's obligations to comply with this chapter is
void and unenforceable.

(C)
Nothing in this chapter shall be construed to require an original
equipment manufacturer or an authorized repair provider to provide to
any owner or independent repair provider access to information, 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 division (A) of section 1350.01 of the
Revised Code.

(D)
Nothing in this chapter shall be construed to require an original
equipment manufacturer or authorized repair provider to make
available any parts, tools, or documentation for the purposes of
modifying or making modifications to any digital electronic
equipment.

(E)
Nothing in this chapter shall be construed to require an original
manufacturer to make available special documentation, tools, parts,
or other devices or implements that would disable or override,
without an owner's authorization, anti-theft, privacy, or security
measures that the owner activates for digital electronic equipment.

(F)
Nothing in this chapter shall be construed to require an original
equipment manufacturer or authorized repair provider to make
available any parts, tools, or documentation required for the
diagnosis, maintenance, or repair of digital electronic equipment in
a manner that is inconsistent with or in violation of any federal
law.

(G)
Nothing in this chapter applies to a motor vehicle manufacturer,
manufacturer of motor vehicle equipment, or motor vehicle dealer
acting in that capacity, or to any product or service of a motor
vehicle manufacturer, manufacturer of motor vehicle equipment, or
motor vehicle dealer acting in that capacity.

(H)
Nothing in this chapter applies to a medical device or other digital
electronic products found in a medical setting that are primarily and
customarily used in the cure, mitigation, treatment, or prevention of
disease in humans or animals and that are generally not useful for
other purposes.

(I)
Nothing in this chapter applies to a manufacturer or dealer of
farming or forestry equipment acting in that capacity, or to any
product or service of a manufacturer or dealer of farming or forestry
equipment acting in that capacity.

(J)
This chapter applies after the one hundred twentieth day following
the effective date of this section.

Section
2.
Chapter
1350. of the Revised Code may be cited as the "Digital Fair
Repair Act."