Right to repair digital electronic equipment.

26LSO-0060
2026
STATE OF WYOMING
26LSO-0060
Numbered
2.0

HOUSE BILL NO. HB0015

Right to repair digital electronic equipment.

Sponsored by: Select Committee on Blockchain, Financial Technology and Digital Innovation Technology

A BILL

for

AN ACT relating to consumer protection; establishing provisions related to repairing digital electronic equipment; requiring original equipment manufacturers to make documents, parts and tools available as specified; providing exceptions; providing definitions; providing for a penalty; providing a sunset date; making conforming amendments; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 40
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12
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801 and 40
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12
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802 are created to read:

ARTICLE 8
RIGHT TO REPAIR DIGITAL ELECTRONIC EQUIPMENT

40
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12
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801.

Definitions.

(a)

As used in this article:

(i)

"Authorized repair provider" means:

(A)

A person who has an agreement with an original equipment manufacturer where:

(I)

The original equipment manufacturer grants the person a license to use a trade name, service mark or other proprietary identifier for purposes of providing or offering the services of diagnosing, maintaining or repairing digital electronic equipment; or

(II)

The person provides or offers the services of diagnosing, maintaining or repairing digital electronic equipment on behalf of an original equipment manufacturer.

(B)

An original equipment manufacturer who provides or offers the services of diagnosing, maintaining or repairing digital electronic equipment that the original equipment manufacturer makes or sells.

(ii)

"Digital electronic equipment" means a product that functions in whole or in part on the basis of digital electronics that are embedded within or attached to the product;

(iii)

"Documentation" means any manual, diagram, reporting output, service code description, schematic diagram, security code or password or other guidance or information that enables a person to diagnose, maintain or repair digital electronic equipment;

(iv)

"Embedded software" means any programmable

software delivered with or loaded onto digital electronic equipment and all relevant patches and fixes made by an original equipment manufacturer for purposes of diagnosing, maintaining or repairing the digital electronic equipment. "Embedded software" includes a basic internal operating system, a machine code, an assembly code, a root code, a microcode and any other similar components;

(v)

"Fair and reasonable terms" means:

(A)

With respect to obtaining documentation, parts, embedded software or tools for digital electronic equipment, terms that are equivalent to the most favorable terms that an original equipment manufacturer offers to an authorized repair provider and charges that are not more than the original equipment manufacturer's suggested retail price calculated by using the net charge less any discounts, rebates or other incentive programs;

(B)

With respect to documentation that an original equipment manufacturer provides, documentation, including any relevant updates, provided at no charge except that the original equipment manufacturer may charge a fee for a copy of the documentation if the amount of the fee covers only the manufacturer's actual costs to prepare and send the copy of the documentation;

(C)

With respect to tools that an original equipment manufacturer provides, tools provided:

(I)

At no charge except that the original equipment manufacturer may charge a fee for a tool if the amount of the fee covers only the manufacturer's actual costs to prepare and send the tool;

(II)

Without requiring authorization or otherwise imposing impediments to access or use the tools to diagnose, maintain or repair digital electronic equipment; and

(III)

In a manner that does not impair the efficient and cost
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effective performance of any diagnosis, maintenance or repair of the digital electronic equipment.

(D)

With respect to parts that an original equipment manufacturer makes available either directly or indirectly through an authorized repair provider, terms that:

(I)

Do not impose a substantial condition, obligation or restriction that is not reasonably necessary to enable the diagnosis, maintenance or repair of digital electronic equipment;

(II)

Do not require the purchase of a minimum or maximum quantity of parts; and

(III)

Do not condition access to parts on any additional agreement other than a purchase order.

(vi)

"Independent repair provider" means a person who is not affiliated with an original equipment manufacturer or an authorized repair provider and who is engaged in the services of diagnosing, maintaining or repairing digital electronic equipment;

(vii)

"Original equipment manufacturer" means a person that is primarily engaged in selling new digital electronic equipment;

(viii)

"Owner" means a person that owns digital electronic equipment that the person purchased or used in this state;

(ix)

"Part" means any replacement part, either new or used, made available or used by an original equipment manufacturer or authorized repair provider for purposes of maintaining or repairing digital electronic equipment;

(x)

"Parts pairing" means an original equipment manufacturer's practice of using software to identify component parts through a unique identifier;

(xi)

"Tools" means any software, hardware implement or other apparatus used for diagnosis, maintenance or repair of digital electronic equipment including software or other mechanisms that provide programs or pairs a new part, calibrates functionality or performs any other function required to return the digital electronic equipment or part to a fully functional condition;

(xii)

"Trade secret" means as defined in W.S. 40
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24
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101(a)(iv).

40
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12
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802.

Right to repair digital electronic equipment.

(a)

For digital electronic equipment manufactured for the first time and first sold or used in this state on or after July 1, 2026, an original equipment manufacturer shall, with fair and reasonable terms, make available to an independent repair provider and owner any documentation, embedded software, parts and tools required for diagnosing, maintaining or repairing the digital electronic equipment or any part of the digital electronic equipment.

(b)

For digital electronic equipment manufactured for the first time and first sold or used in this state on or after July 1, 2026, no original equipment manufacturer shall use parts pairing or any other mechanism to:

(i)

Prevent or inhibit an independent repair provider or owner from installing or enabling a function of an otherwise functional part of digital electronic equipment including a replacement part that an original equipment manufacturer has not approved;

(ii)

Inhibit or reduce the functionality of any part of digital electronic equipment where the replacement by an independent repair provider or owner would cause the device to operate with reduced functionality or performance;

(iii)

Create false, misleading or deceptive alerts or warnings about parts of digital electronic equipment;

(iv)

Charge additional fees or increase prices for future repairs of digital electronic equipment; or

(v)

Limit who can purchase parts or perform repair services for digital electronic equipment.

(c)

For digital electronic equipment manufactured for the first time and first sold or used in this state on or after July 1, 2026 that contains an electronic security lock or other security related function, an original equipment manufacturer shall, with fair and reasonable terms, make available to an owner any documentation, embedded software, parts or tools required to disable and reset the lock or function while diagnosing, maintaining or repairing the digital electronic equipment. An original equipment manufacturer may make the documentation, embedded software, parts or tools available to an independent repair provider or owner through appropriate secure release systems.

(d)

Nothing in this section shall be construed to:

(i)

Require an original equipment manufacturer to divulge a trade secret except an original equipment manufacturer shall not refuse to make available, with fair and reasonable terms, any documentation, embedded software, part or tools necessary to diagnose, maintain or repair digital electronic equipment as required by this section and may redact trade secrets from any documentation or tools provided to an independent repair provider or owner;

(ii)

Abrogate, interfere with, contradict or alter the terms of any contract or agreement executed and in force between an authorized repair provider and an original equipment manufacturer including, but not limited to, terms related to the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to a contract or agreement, except that any provision in a contract or agreement purporting to waive, avoid, restrict or limit an original equipment manufacturer's compliance with this section shall be void;

(iii)

Impose any new type of liability upon an original equipment manufacturer for any bodily injury or damage to digital electronic equipment that an independent repair provider or owner causes while diagnosing, maintaining or repairing the digital electronic equipment using documentation, embedded software, parts or tools that the original equipment manufacturer made available, with fair and reasonable terms, to an authorized service provider, an independent repair provider or an owner before the date of the diagnosis, maintenance or repair;

(iv)

Require an original equipment manufacturer to make available documentation, embedded software, parts, tools or other devices or implements that would disable or override, without an owner's authorization, anti
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theft security measures that the owner sets for digital electronic equipment;

(v)

Require an original equipment manufacturer to provide to an independent repair provider or owner any part that the original equipment manufacturer no longer makes or no longer provides to authorized service providers.

(e)

This section shall not apply to:

(i)

A manufacturer, distributor, importer or dealer that is engaged in the business of manufacturing or assembling new motor vehicles as defined by W.S. 31
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1
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101(a)(xv) or in the business of selling or leasing new motor vehicles and offering the services of diagnosing, maintaining or repairing motor vehicles or motor vehicle engines under the terms of a franchise agreement or to the person's products or services;

(ii)

A product, service or equipment that has never been made available for retail sale to a consumer;

(iii)

A medical device as defined by 21 U.S.C. § 321(h);

(iv)

A product, service or equipment that provides heat, ventilation or air conditioning or recharges refrigerant gases;

(v)

A product, service or equipment that is a system, mechanism or series of mechanisms that generates, stores or combines generation and storage of electrical energy from solar radiation;

(vi)

A video game console;

(vii)

A product, service or equipment that is a system that stores electrical energy for a period of time and transmits the energy after storage that is interconnected with a transmission or distribution system and that is approved by an electric utility or located on a customer's side of an electric utility meter in accordance with an applicable utility tariff or interconnection agreement;

(viii)

A manufacturer, distributor, importer or dealer of industrial equipment, utility equipment, construction equipment, compact construction equipment, road
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building equipment, mining equipment, farming equipment including farm and utility tractors, farm implements and farm machinery, forestry equipment, turf, yard and garden equipment and outdoor power equipment;

(ix)

Electric toothbrushes;

(x)

A manufacturer, distributor, importer or dealer of any off
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road recreational vehicle as defined by W.S. 31
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1
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101(a)(xv)(K), any multipurpose vehicle as defined by W.S. 31
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1
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101(a)(xv)(M), marine vehicle, all
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terrain sports vehicle and racing vehicle;

(xi)

A manufacturer, distributor, importer or dealer of any power tools, stand
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alone or integrated stationary or mobile combustion engines and power sources including generator sets, electric batteries and fuel cell power.

(f)

Except for the rights extended to an owner by this article, a memorandum of understanding shall govern an original equipment manufacturer's duties and obligations to an owner if the memorandum of understanding would otherwise bind the owner to the terms of the memorandum of understanding.

(g)

A person who violates subsections (a) through (c) of this section commits an unlawful deceptive trade practice under W.S. 40
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105.

(h)

This article shall be repealed on the date that the governor, on advice of the attorney general, certifies to the secretary of state that the United States congress enacted federal legislation establishing a right to repair digital electronic equipment.

(j)

To the extent a provision of this article conflicts with federal law, federal law shall control.

Section 2.

W.S. 40
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12
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105(a) by creating a new paragraph (xviii) is amended to read:

40
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12
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105.

Unlawful practices.

(a)

A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly:

(xviii)

Violates W.S. 40
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12
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802.

Section 3
.

This act shall only apply to digital electronic equipment manufactured, sold or used in Wyoming on or after July 1, 2026.

Section 4
.

This act is effective July 1, 2026.

(END)

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HB0015