Consumer Protection - As introduced, enacts the "Consumer Wheelchair Repair Bill of Rights Act," which requires a manufacturer of powered wheelchairs to provide independent repair providers or owners of powered wheelchairs any new or used replacement parts and other resources intended for use with the wheelchair for the purpose of repair services performed on the wheelchair. - Amends TCA Title 47 and Title 56.

Skip to main content Menu in the site in only legislation Legislators Senate Main Senate Members House Main House Members Find My Legislator Legislation Bill Search Browse Bills by Index Browse Bills by Subject My Bills Publications Archives Videos Senate Video House Video Joint Video Schedules & Calendars Senate House Joint Committees Senate House Joint Directory Senate Members Senate Staff House Members House Staff Joint Staff Find My Legislator My Bills Legislation 113th General Assembly (2023-2024) HB 0414 by *Davis ( SB 0077 ) by *Massey Campbell Show Co-Prime Sponsors Show Caption Text AN ACT to amend Tennessee Code Annotated, Title 47 and Title 56, relative to repair and other services performed on powered wheelchairs and parts. Consumer Protection - As introduced, enacts the "Consumer Wheelchair Repair Bill of Rights Act," which requires a manufacturer of powered wheelchairs to provide independent repair providers or owners of powered wheelchairs any new or used replacement parts and other resources intended for use with the wheelchair for the purpose of repair services performed on the wheelchair. - Amends TCA Title 47 and Title 56. Bill History Amendments Video Summary Fiscal Note Votes HB0414 Date Assigned to s/c Banking & Consumer Affairs Subcommittee 02/01/2023 P2C, ref. to Commerce Committee 02/01/2023 Intro., P1C. 01/30/2023 Filed for introduction 01/24/2023 SB0077 Date Sponsor(s) Added. 02/15/2023 Refer to Senate Commerce & Labor Committee 01/20/2023 Passed on Second Consideration, held on desk pending committee appointments 01/11/2023 Introduced, Passed on First Consideration 01/10/2023 Filed for introduction 01/09/2023 No amendments for HB0414. No amendments for SB0077. Videos containing keyword: HB0414 Fiscal Summary NOT SIGNIFICANT Bill Summary This bill generally requires a manufacturer of new powered wheelchairs or powered wheelchair parts to, with fair and reasonable terms and costs, do the following: (1) For the purpose of providing services for a powered wheelchair in this state, make available to an independent repair provider or owner of the manufacturer's powered wheelchair any documentation, powered wheelchair parts, embedded software, firmware, or tools that are intended for use with the powered wheelchair or part, including updates to documentation, parts, embedded software, firmware, or tools; and (2) With respect to a powered wheelchair that contains an electronic security lock or other security-related function, make available to independent repair providers and owners any documentation, powered wheelchair parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services. EXEMPTIONS This bill provides that the requirements above do not apply to the following: (1) A powered wheelchair that is no longer available to the manufacturer; and (2) Conduct that would require a manufacturer to divulge a trade secret. However, this bill prohibits a manufacturer from refusing to make available to an independent repair provider or owner any documentation, part, embedded software, firmware, or tool necessary to provide services on the grounds that such item, itself, is a trade secret. AUTHORIZED CONDUCT This bill authorizes a manufacturer to do the following: (1) Redact documentation to remove trade secrets before providing access, if the usability of the related documentation for the purpose of providing services is not diminished; and (2) Withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, firmware, or tool if the information is a trade secret and usability for the purpose of providing services is not diminished. LIABILITY This bill provides that a manufacturer is not liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause damage to the powered wheelchairs that occur during such repairs; any indirect, incidental, special, or consequential damages; or an inability to use, or a reduced functionality of, a powered wheelchair resulting from the faulty or otherwise improper repair. However, this bill does not exempt a manufacturer from a products liability claim that is otherwise authorized by law. CONTRACTS This bill does not alter the terms of contract or other arrangement in force between a manufacturer and an authorized repair provider, including the performance or provision or warranty or recall repair work and an exclusivity or noncompete clause; nor does this bill require a manufacturer to provide an independent repair provider or owner access to information, other than documentation, that the manufacturer provides to an authorized repair provider pursuant to a contract or other arrangement with the authorized repair provider, except as necessary to comply with previous provisions. A contract or other arrangement, or renewal of such a contract or arrangement, that has a contract term, provision, agreement, or language that waives, avoids, restricts, or limits the manufacturer's obligations under this bill is void and unenforceable. APPLICABILITY This bill applies to contracts and agreements entered into, amended, or renewed on or after July 1, 2023. FiscalNote for HB0414/SB0077 filed under SB0077 House Floor and Committee Votes Votes for Bill HB0414 by the House are not available. Senate Floor and Committee Votes Votes for Bill SB0077 by the Senate are not available. Senate Meet the Lt. Governor Senate Members Senate Weekly Schedule Senate Staff Senate Congressional Map House of Representatives Meet the Speaker House Members House Weekly Schedule House Staff US House As Proposed Joint Committee Joint Committees Joint Weekly Schedule Joint Staff Legislative Drafting Guide Home Homework Help About the Legislature Help & FAQs Capitol Tour Legislative Links Site Map Workplace Discrimination Policy Careers