Establishing a right to repair for mobility equipment for persons with physical disabilities.

CERTIFICATION OF ENROLLMENT SENATE BILL 5680 Chapter 354, Laws of 2025 69th Legislature 2025 Regular Session MOBILITY DEVICES —SERVICING AND RIGHT TO REPAIR EFFECTIVE DATE: July 27, 2025 Passed by the Senate April 22, 2025 Yeas 48 Nays 0 DENNY HECK President of the Senate Passed by the House April 11, 2025 Yeas 95 Nays 0 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5680 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 19, 2025 2:39 PM FILED May 20, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to establishing a right to repair for mobility 1 equipment for persons with physical disabilities; and adding a new 2 chapter to Title 19 RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4 NEW SECTION. Sec. 1. The legislature finds that access to 5 reliable mobility devices is critical for Washingtonians living with 6 disabilities, the growing senior population, developmentally delayed 7 children, and others. For those who rely on a power wheelchair or 8 other mobility device, any delay in repair is not only a quality of 9 life issue, but it can interfere with their employment, schooling, 10 health, and safety. A recent survey of wheelchair users found that a 11 majority of respondents had repair times that were at least four 12 weeks, but often seven or more weeks. Therefore, the legislature 13 intends to require mobility device manufacturers to make 14 documentation, parts, embedded software, firmware, and tools 15 available to independent repair providers and mobility device owners 16 to ensure that there are more repair options available for 17 Washingtonians, so no one has to wait for long repairs for vital 18 equipment.19 SENATE BILL 5680 AS AMENDED BY THE HOUSE Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By Senators Hansen, Frame, Hasegawa, Lovelett, Short, Stanford, and Valdez Read first time 02/06/25. Referred to Committee on Business, Financial Services & Trade. p. 1 SB 5680.SL NEW SECTION. Sec. 2. The definitions in this section apply 1 throughout this chapter unless the context clearly requires 2 otherwise.3 (1) "Authorized repair provider" means an individual or business 4 that is unaffiliated with an original equipment manufacturer and that 5 has an arrangement with the original equipment manufacturer to use 6 the original equipment manufacturer's trade name, service mark, or 7 other proprietary identifier for the purpose of offering the services 8 of diagnosis, maintenance, or repair of equipment under the name of 9 the original equipment manufacturer, or that has an arrangement with 10 the original equipment manufacturer under which the individual or 11 business offers the services of diagnosis, maintenance, or repair of 12 equipment on behalf of the original equipment manufacturer. An 13 original equipment manufacturer who offers the services of diagnosis, 14 maintenance, or repair of its own equipment shall be considered an 15 authorized repair provider with respect to such products.16 (2) "Authorized third-party provider" means an individual or 17 business that is unaffiliated with an original equipment manufacturer 18 and that has an arrangement with the original equipment manufacturer 19 to use the original equipment manufacturer's trade name, service 20 mark, or other proprietary identifier for the purpose of distributing 21 documentation, parts, embedded software, firmware, or tools.22 (3) "Diagnosis" means the process of identifying the issue or 23 issues that cause the equipment to not be in fully working order.24 (4) "Documentation" means any manual, diagram, maintenance 25 procedures, functional and wiring diagrams, reporting output, service 26 code description, circuit board schematics, security code, password, 27 training material, troubleshooting information, list of required 28 tools, parts list, or other guidance or information that enables a 29 person to service or update their equipment. 30 (5) "Embedded software" means programmable instructions provided 31 on firmware delivered with an electronic component of equipment or 32 with any part for the purpose of restoring or improving operation of 33 the equipment or part and includes all relevant patches and fixes 34 that the original equipment manufacturer makes to equipment or to any 35 part for the purpose of restoring or improving the equipment or part.36 (6) "Equipment" means mobility devices designed for people with 37 physical disabilities including, but not limited to, power 38 wheelchairs, manual wheelchairs, mobility scooters, and power assist 39 devices for manual wheelchairs. 40 p. 2 SB 5680.SL (7) "Fair and reasonable terms and costs" means each of the 1 following, as applicable: 2 (a)(i) For parts, at costs and terms that are equivalent to the 3 most fair and reasonable costs and terms under which the original 4 equipment manufacturer offers the part to an authorized repair 5 provider, accounting for any discount, rebate, convenient and timely 6 means of delivery, means of enabling fully restored and updated 7 functionality, rights of use, or other incentive or preference the 8 original equipment manufacturer offers to an authorized repair 9 provider, and is not conditioned on or imposing a substantial 10 obligation to use or restrict the use of the part to service 11 equipment sold, leased, or otherwise supplied by the original 12 equipment manufacturer; 13 (ii) For documentation, including any relevant updates, that the 14 documentation is made available at no charge, except that, when the 15 documentation is requested in physical printed form, a charge may be 16 included for the reasonable actual costs of preparing and sending the 17 copy; 18 (iii) For tools, that the tools are made available by the 19 original equipment manufacturer at no charge and without imposing 20 impediments to access or use of the tools to service and enable full 21 functionality of the equipment, or in a manner that impairs the 22 efficient and cost-effective performance of any such services, except 23 that, when a tool is requested in physical form, a charge may be 24 included for the reasonable, actual costs of preparing and sending 25 the tool; 26 (b) If an original equipment manufacturer does not use an 27 authorized repair provider, "fair and reasonable terms and costs" 28 means at a price that reflects the actual cost to the original 29 equipment manufacturer to prepare and deliver the part, tool, or 30 documentation, exclusive of any research and development costs 31 incurred. 32 (8) "Firmware" means a software program or set of instructions 33 programmed on equipment or a part to allow equipment or a part to 34 communicate with itself or with other computer hardware.35 (9) "Independent repair provider" means an individual or business 36 that engages in the services of diagnosis, maintenance, or repair of 37 equipment in this state without an arrangement with the original 38 equipment manufacturer of such equipment as described in subsection 39 (1) of this section or an affiliation with an authorized repair 40 p. 3 SB 5680.SL provider for such equipment. "Independent repair provider" also means 1 an original equipment manufacturer or an original equipment 2 manufacturer's authorized repair provider that engages in the 3 services of diagnosis, maintenance, or repair of equipment that is 4 not manufactured by or on behalf of, sold by, or supplied by such 5 original equipment manufacturer. 6 (10) "Maintenance" means any act necessary to keep currently 7 working equipment in fully working order. 8 (11) "Manual wheelchair" means a wheeled mobility device that is 9 a chair that can either be propelled by the user or pushed by another 10 person. 11 (12) "Mobility scooter" means an electric personal transporter 12 that is used as a mobility aid for people who need assistance with 13 walking or getting around. 14 (13) "Original equipment manufacturer" means an individual or 15 business that, in the normal course of business, is engaged in the 16 business of selling, leasing, or otherwise supplying new equipment 17 manufactured by or on behalf of itself, to any individual or 18 business. 19 (14) "Owner" means an individual or business that owns or leases 20 equipment purchased or used in this state. 21 (15) "Part" means any replacement part, either new or used, or 22 its equivalent, which is generally available or used by an original 23 equipment manufacturer or an authorized repair provider for purposes 24 of effecting the services of maintenance or repair of equipment 25 manufactured or sold by the original equipment manufacturer.26 (16) "Power assist device" means a motorized attachment that can 27 be added to a manual wheelchair to help the user propel the 28 wheelchair with less effort. 29 (17) "Power wheelchair" means a motorized wheeled device designed 30 for use by a person with a physical disability. 31 (18) "Repair" means any act needed to restore equipment to fully 32 working order. 33 (19) "Service" or "services" means diagnosis, maintenance, or 34 repair services performed on equipment or a part. 35 (20) "Tools" means any software program, hardware implement, or 36 other apparatus, used for diagnosis, maintenance, or repair of 37 equipment or parts, including software or other mechanism that 38 provides, programs, or pairs a new part; calibrates functionality; or 39 p. 4 SB 5680.SL performs any other function required to bring the equipment or part 1 back to fully functional condition, including any updates.2 (21) "Trade secret" has the same meaning as defined in 18 U.S.C. 3 Sec. 1839, as that section existed on January 1, 2017.4 NEW SECTION. Sec. 3. For the purpose of providing services for 5 equipment in the state, an original equipment manufacturer shall, on 6 fair and reasonable terms and costs, make available to any 7 independent repair provider or owner of the original equipment 8 manufacturer's equipment any documentation, parts, embedded software, 9 firmware, or tools that are intended for use with the equipment or 10 any part, including updates to documentation, parts, embedded 11 software, firmware, or tools. Such documentation, parts, embedded 12 software, firmware, and tools shall be made available either directly 13 by the original equipment manufacturer or via an authorized repair 14 provider or authorized third-party provider.15 NEW SECTION. Sec. 4. Nothing in this chapter shall be construed 16 to:17 (1) Require an original equipment manufacturer to sell parts if 18 the parts are no longer made available to authorized repair providers 19 by the original equipment manufacturer; 20 (2) Require an original equipment manufacturer to divulge a trade 21 secret to an independent repair provider or owner, except as 22 necessary to provide documentation, parts, embedded software, 23 firmware, or tools on fair and reasonable terms and costs;24 (3) Alter the terms of any arrangement described in section 2 (1) 25 of this act in force between an authorized repair provider and an 26 original equipment manufacturer including, but not limited to, the 27 performance or provision of warranty or recall repair work by an 28 authorized repair provider on behalf of an original equipment 29 manufacturer pursuant to such arrangement, except that any provision 30 in such terms that purports to waive, avoid, restrict, or limit the 31 original equipment manufacturer's obligations to comply with this 32 section shall be void and unenforceable; or 33 (4) Require an original equipment manufacturer or an authorized 34 repair provider to provide to an owner or independent repair provider 35 access to information, other than documentation, that is provided by 36 the original equipment manufacturer to an authorized repair provider 37 p. 5 SB 5680.SL pursuant to the terms of an arrangement described in section 2 (1) of 1 this act. 2 NEW SECTION. Sec. 5. (1) An original equipment manufacturer or 3 authorized repair provider shall not be liable for any damage or 4 injury to any equipment caused by an independent repair provider or 5 owner which occurs during the course of services and is not 6 attributable to the original equipment manufacturer or authorized 7 repair provider other than if the failure is attributable to design 8 or manufacturing defects.9 (2) The original equipment manufacturer does not warrant any 10 services provided by independent repair providers.11 NEW SECTION. Sec. 6. Before providing services or repairs for 12 equipment, an independent repair provider shall provide the consumer 13 seeking services or repairs with written notice, provided either 14 electronically or in a hard copy document, indicating:15 (1) That the independent repair provider is not an authorized 16 repair provider of the original equipment manufacturer; and17 (2) Whether the independent repair provider, in providing 18 services or repairs, uses any new or used replacement parts obtained 19 from a supplier other than the original equipment manufacturer.20 NEW SECTION. Sec. 7. (1) The legislature finds that the 21 practices covered by this chapter are matters vitally affecting the 22 public interest for the purpose of applying the consumer protection 23 act, chapter 19.86 RCW. A violation of this chapter is not reasonable 24 in relation to the development and preservation of business and is an 25 unfair or deceptive act in trade or commerce and an unfair method of 26 competition for the purpose of applying the consumer protection act, 27 chapter 19.86 RCW .28 (2) This chapter may be enforced solely by the attorney general 29 under the consumer protection act, chapter 19.86 RCW .30 NEW SECTION. Sec. 8. Sections 1 through 7 of this act 31 constitute a new chapter in Title 19 RCW.32 Passed by the Senate April 22, 2025. Passed by the House April 11, 2025. Approved by the Governor May 19, 2025. p. 6 SB 5680.SL Filed in Office of Secretary of State May 20, 2025. --- END --- p. 7 SB 5680.SL