Bill > SB97

This bill, titled the Equipment Right to Repair Act, aims to grant owners and independent repair providers access to necessary information and tools to fix farm equipment. Specifically, it requires manufacturers of farm equipment sold or used in West Virginia to provide documentation, parts, and tools for diagnosis, maintenance, and repair to any independent repair provider or owner after the new equipment warranty expires, with this obligation lasting for 50 years from the equipment's manufacture date. The bill defines key terms such as "independent repair provider" as a business not affiliated with a manufacturer, "documentation" as any repair-related information, "embedded software" as the operating instructions within the equipment, and "tools" as any software or hardware needed for repairs. The Commissioner of the Department of Agriculture is given jurisdiction over the act and the authority to create rules and enforce penalties, including civil penalties of at least $1,000 per violation, for non-compliance, though manufacturers are not required to reveal trade secrets. The act also clarifies that it does not affect existing authorized repair agreements, except for provisions that try to waive compliance with this law, and that manufacturers are not liable for damages caused by independent repair providers or owners. This legislation is set to take effect on July 1, 2026, and will expire on July 1, 2029.

Agriculture and Natural Resources, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=97&year=2026&sessiontype=RS&btype=bill