HB 2700

                             HOUSE BILL No. 2700
AN ACT concerning consumer protection; enacting the Kansas digital right-to-repair act;
   establishing a right for persons who purchase or lease digital electronic equipment to
   obtain the legal authorization and necessary documentation and parts from original
   equipment manufacturers to diagnose, maintain and repair such equipment; providing
   for enforcement by the attorney general; creating liability limitations; limiting
   application of such act to digital electronic equipment made available for sale on or
   after July 1, 2027.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. The provisions of sections 1 through 8, and
amendments thereto, shall be known and may be cited as the Kansas
digital right-to-repair act.
    Sec. 2. As used in this act:
    (a) "Act" means the Kansas digital right-to-repair act, sections 1
through 8, and amendments thereto.
    (b) "Authorized repair provider" means a person or business entity
in this state that has an arrangement with the original equipment
manufacturer for a definite or indefinite period under which the original
equipment manufacturer grants to the individual or business entity:
    (1) A license to use a trade name, service mark or other
proprietary identifier for the purpose of offering diagnosis, maintenance
or repair services for digital electronic equipment under the name of the
original equipment manufacturer; or
    (2) other authority to offer diagnosis, maintenance or repair
services for digital electronic equipment on behalf of the original
equipment manufacturer.
    (c) "Automatic fire detection device" means a device designed to
automatically detect the presence of fire by heat, flame, light, smoke or
other products of combustion.
    (d) "Commercial and industrial electrical equipment" means
property classified for property tax purposes within subclass (5) of
class 2 of section 1 of article 11 of the constitution of the state of
Kansas that is used to produce, generate, control, condition, transport or
manage electricity, including, but not limited to, power distribution
equipment such as telecommunications network infrastructure,
commercial visual display equipment, medium to low voltage
switchgear and transformers, power control equipment, such as
medium to low voltage motor control and drives, power quality
equipment, such as uninterruptible power supplies, remote power
panels, power distribution units and static or transfer switches and any
tools, technology, attachments, accessories, component or repair parts
for any such equipment.
    (e) "Consumer" means an individual who enters into a transaction
primarily for personal, family or household purposes.
    (f) "Critical infrastructure information technology equipment"
means digital electronic equipment intended for use in systems and
assets, whether physical or virtual, designated as critical infrastructure
so vital to the United States that the incapacity or destruction of such
systems and assets would have a debilitating impact on security,
national economic security, national public health or safety or any
combination thereof, pursuant to 42 U.S.C. § 5195c(e), as in effect on
July 1, 2026.
    (g) "Diagnosis" means the process of identifying the issue or
issues that cause digital electronic equipment to not be in full working
order.
    (h) "Digital electronic equipment" or "equipment" means any
product sold to a consumer that depends, wholly or in part, on digital
electronics embedded in or attached to the product for such product's
intended functionality.
    (i) "Documentation" means any manual, diagram, reporting
output, service code description or other guidance or information
provided or made available by the original equipment manufacturer to
an authorized repair provider for the purpose of diagnosing,
maintaining or repairing digital electronic equipment manufactured or
sold by the original equipment manufacturer.
                   HOUSE BILL No. 2700—page 2
    (j) "Fair and reasonable terms" means:
    (1) With respect to an original equipment manufacturer making
available a tool, making the tool available:
    (A) Without conditioning such availability upon the recipient
being an authorized repair provider;
    (B) at no cost to use or operate the tool or at a cost that is
equivalent to the lowest actual cost at which the original equipment
manufacturer offers the tool to an authorized repair provider, taking
into account any discounts, rebates or other financial incentives offered
by the original equipment manufacturer to the authorized repair
provider, subject to section 4(g), and amendments thereto; and
    (C) if the tool is requested in physical form, for a charge equal to
the actual cost of procuring, preparing and sending the tool;
    (2) with respect to an original equipment manufacturer making
available a replacement part, making the part available either directly or
through an authorized distributor or repair provider, subject to section
4(g), and amendments thereto:
    (A) Without conditioning such availability upon the recipient
being an authorized repair provider; and
    (B) at costs and terms that are equivalent to the costs and terms
under which the part is offered to an authorized repair provider;
    (3) with respect to an original equipment manufacturer making
available documentation, including any relevant updates to the
documentation, making the documentation available:
    (A) Without conditioning such availability upon the recipient
being an authorized repair provider; and
    (B) at no cost, except that an original equipment manufacturer
may charge the reasonable actual cost of preparing and sending a copy
of the documentation if the documentation is requested in physical
printed form; and
    (4) with respect to documentation, replacement parts or tools,
terms that are fair to all parties, including the original equipment
manufacturer and authorized repair providers.
    (k) "Home appliances with embedded digital electronics" means
refrigerators, ovens, microwaves, air conditioning units, heating units
and other similar consumer appliances for residential use that are
manufactured with digital electronic controls or operating systems.
    (l) "Independent repair provider" means an individual or entity
operating in this state that is engaged in diagnosis, maintenance or
repair of digital electronic equipment subject to this act but is not an
authorized repair provider and is not affiliated with an individual or
business entity that is an authorized repair provider.
    (m) "Intrusion detection system" means an electronic system or
portion of a system designed to detect and signal unauthorized entry or
attempted entry into a building, structure or secured area.
    (n) "Lighting" means bulbs, equipment and systems that have the
purpose of producing light and are not meant to be repairable.
"Lighting" does not include component parts that are replaceable.
    (o) "Maintenance" means any act necessary to keep digital
electronic equipment in full working order.
    (p) "Medical device" means any device defined by 21 U.S.C. §
321(h) as in effect on July 1, 2026, including for use in the diagnosis of
disease or other conditions or in the cure, mitigation, treatment or
prevention of disease in humans or other animals.
    (q) "Modification" means any alteration to digital electronic
equipment that is not maintenance or repair.
    (r) "Motor vehicle" means any vehicle that is designed for
transporting persons or property on a street or highway and certified by
the manufacturer under all applicable federal safety and emissions
standards and requirements for distribution and sale in the United
States. "Motor vehicle" does not include any farm tractor, farm trailer,
self-propelled farm implement. or implement of husbandry as those
terms are defined in K.S.A. 8-126, and amendments thereto.
    (s) "Motor vehicle manufacturer" means a business engaged in the
                    HOUSE BILL No. 2700—page 3
manufacturing or assembling of motor vehicles.
    (t) "Nonhighway vehicle" means the same as defined in K.S.A. 8-
197, and amendments thereto, and includes any associated equipment.
    (u) "Nonroad equipment" means manufacturers, distributors,
importers or dealers of all nonroad equipment, including, but not
limited to:
    (1) Farm and utility tractors;
    (2) farm implements;
    (3) farm machinery;
    (4) forestry equipment;
    (5) industrial equipment;
    (6) utility equipment;
    (7) construction equipment;
    (8) compact construction equipment;
    (9) road-building equipment;
    (10) mining equipment;
    (11) turf, yard and garden equipment;
    (12) outdoor power equipment;
    (13) portable generators;
    (14) marine, all-terrain sports and recreational vehicles, including
racing vehicles;
    (15) stand-alone or integrated stationary or mobile internal
combustion engines;
    (16) other power sources, including, but not limited to, generator
sets and electric, battery and fuel cell power;
    (17) power tools; and
    (18) any tools, technology, attachments, accessories, components
and repair parts for any of the items listed in this subsection.
    (v) "Original equipment manufacturer" means a person in this
state that, in the normal course of business, is engaged in the business
of selling, leasing or otherwise supplying new digital electronic
equipment manufactured by or on behalf of the person.
    (w) "Owner" means a person that holds title to or lawful
possession of digital electronic equipment described in this act.
    (x) "Person" means an individual or any private profit or nonprofit
or public legal entity, however established or organized.
    (y) "Powersports vehicle" means the following as such terms are
defined in K.S.A. 8-126, and amendments thereto, including any
associated equipment:
    (1) A motorcycle;
    (2) a moped;
    (3) a motorized bicycle;
    (4) an autocycle; or
    (5) recreational off-highway vehicle.
    (z) "Recreational vehicle" means the same as defined in K.S.A.
79-5118, and amendments thereto, including any associated equipment.
    (aa) "Repair" means any act necessary to restore digital electronic
equipment to full working order. "Repair" does not include post-sale
modifications that alter the originally intended functioning of the digital
electronic equipment.
    (bb) "Replacement part" means a new or used replacement part
made available by the original equipment manufacturer to authorized
repair providers for the purpose of maintenance or repair of digital
electronic equipment that is manufactured, sold or supplied by the
original equipment manufacturer. "Replacement part" does not include
printed circuit board assemblies that allow device cloning in violation
of 18 U.S.C. Section 1029 or other applicable law.
    (cc) "Safety communications, life safety and physical access
control equipment" means communication systems, fire alarm systems,
intrusion detection systems, electronic keypads, safety equipment or
physical or building access control systems used by public or private
emergency service organizations.
    (dd) "Trade secret" means anything tangible or intangible or
electronically stored or kept that constitutes, represents, evidences or
                   HOUSE BILL No. 2700—page 4
records intellectual property, including secret or confidentially held
designs, processes, procedures, formulas, inventions or improvements,
or secret or confidentially held scientific, technical, merchandising,
production, financial, business or management information or that falls
within the meaning of a trade secret given in 18 U.S.C. § 1839.
    (ee) "Tool" means any software program, hardware implement or
other apparatus made available by the original equipment manufacturer
to authorized repair providers used for the diagnosis, maintenance or
repair of digital electronic equipment, including software or another
mechanism that:
    (1) Provides, programs or repairs a part;
    (2) calibrates functionality; or
    (3) performs any other function required to restore the equipment
to full working order.
    (ff) "Toy" means a consumer product that:
    (1) Is marketed, labeled and sold as a toy or children's creative
product; and
    (2) is subject to federal toy or children's product safety standards,
including, but not limited to, the consumer product safety improvement
act, 15 U.S.C. § 2051 et seq., and applicable regulations of the United
States consumer product safety commission.
    (gg) "Video game consoles" means specialized computing devices
primarily designed for playing video games, including console
machines, handheld devices or another device or system. "Video game
consoles" does not include general all-purpose personal computers,
tablets or mobile phones.
    Sec. 3. (a) The provisions of this act shall apply to digital
electronic equipment sold or leased to owners in Kansas with a
wholesale price of at least $50.
    (b) The provisions of this act shall not apply to:
    (1) Motor vehicles or motor vehicle parts and any associated
equipment;
    (2) medical devices;
    (3) powersports vehicles;
    (4) nonroad equipment;
    (5) aircraft as defined in K.S.A. 3-201, and amendments thereto,
and components thereof;
    (6) train equipment regulated under 49 U.S.C. § 20103, as in
effect on July 1, 2026;
    (7) heavy equipment;
    (8) commercial and industrial electrical equipment, including, but
not limited to, power distribution equipment, including, but not limited
to, telecommunications network infrastructure, commercial visual
display equipment and medium/low voltage switchgear and
transformers, power control equipment, including, but not limited to,
medium and low voltage motor control and drives, power quality
equipment, including, but not limited to, uninterruptible power
supplies, remote power panels, power distribution units and static and
transfer switches and any tools, technology, attachments, accessories,
components and repair parts for any such equipment;
    (9) home appliances with embedded digital electronics;
    (10) safety communications, life safety and physical access
control equipment;
    (11) lighting;
    (12) equipment leased or sold by a provider of information
services, a telecommunications carrier or a cable service provider as
defined in 47 U.S.C. § 153, as in effect on July 1, 2026;
    (13) video game consoles;
    (14) critical infrastructure information technology equipment; and
    (15) toys, if:
    (A) The product's primary intended use is play or amusement by
children under 14 years of age;
    (B) the product does not function as a general purpose computing
device; and
                    HOUSE BILL No. 2700—page 5
    (C) the product does not perform critical safety, security or
communication functions, including, but not limited to, home security
monitoring or medical monitoring.
    Sec. 4. (a) For digital electronic equipment, including parts for
such equipment sold or used in this state, the original equipment
manufacturer of the equipment or part shall, not later than one year
after the date of the first sale of the digital electronic equipment in this
state, make available on fair and reasonable terms to any independent
repair provider or to an owner of digital electronic equipment
manufactured by or on behalf of, sold by or supplied by the original
equipment manufacturer documentation, replacement parts and tools or
their equivalents that the original equipment manufacturer makes
available to authorized repair providers for and are required for the
diagnosis, maintenance or repair of the digital electronic equipment.
    (b) The documentation, replacement parts and tools described by
subsection (a) may be made available:
    (1) Directly by an original equipment manufacturer or through an
authorized repair provider or a third-party provider; or
    (2) by an authorized repair provider to any independent repair
provider or owner, if the authorized repair provider is contractually and
practically permitted by the original equipment manufacturer to sell the
documentation, parts or tools to an independent repair provider or
owner.
    (c) Subsection (b) shall not be construed to require a third-party
provider, including an authorized repair provider, to make available
documentation, replacement parts or tools independent of an original
equipment manufacturer.
    (d) Nothing in this section shall require an original equipment
manufacturer to divulge any trade secret.
    (e) As an alternative to compliance with the provisions of
subsection (a), an original equipment manufacturer may provide an
owner who is an original purchaser, at such owner's discretion:
    (1) A reimbursement in the amount of the purchase price that the
purchaser paid for the digital electronic equipment; or
    (2) an equivalent or better, readily available replacement for the
digital electronic equipment at a price that has a value that is equal to or
less than the total cost of the sum of the replacement parts and provided
at the discretion of the consumer.
    (f) An original equipment manufacturer shall be exempt from the
requirements of this section with respect to:
    (1) Parts, tools or documentation that are not, or are no longer,
provided by the original equipment manufacturer or made available to
authorized repair providers of the original equipment manufacturer,
including in situations where the original equipment manufacturer
performs related repairs solely in-house or through a corporate affiliate;
    (2) parts, tools or documentation that are no longer available to the
original equipment manufacturer;
    (3) documentation or tools used by the original manufacturer only
to perform, at no cost, diagnostic services virtually through telephone,
internet, chat, email or other similar means that do not involve the
manufacturer physically handling the consumer's equipment, unless the
manufacturer also makes the documentation or tools available to an
individual or business that is unaffiliated with the manufacturer; or
    (4) documentation or tools used exclusively by the original
equipment manufacturer for diagnosis, maintenance or repairs
completed by machines that operate on several digital electronic
equipment products simultaneously or otherwise for purposes of large
scale efficiency, if the original equipment manufacturer makes
available to an independent repair provider or owner sufficient
alternative documentation or tool to effect the diagnosis, maintenance
or repair of the digital electronic equipment.
    (g) Original equipment manufacturers shall not be required to:
    (1) Provide documentation, a part or tool for a product where
reconditioning or repair of the product is prohibited by law, regulation,
                    HOUSE BILL No. 2700—page 6
code, ordinance or standard;
    (2) provide or make available source code;
    (3) provide any documentation, part or tool to an independent
repair provider or owner that would disable, reset or override electronic
security locks or other security-related measures or functions or disable
or override anti-theft security measures set by the owner of the digital
electronic equipment without the owner's authorization;
    (4) provide any documentation, part or tool for repair of digital
electronic equipment that is critical to the safety of life or health of
individuals, or for repairs that could threaten the safety of life or health
of individuals, if the original equipment manufacturer provides to the
consumer or another entity responsible for the enforcement of this act,
as applicable, physical evidence of the threat alleged under this
paragraph; or
    (5) provide any documentation, a part or tool for the purposes of
modifying or making modifications to any digital electronic equipment.
    (h) Nothing in this section shall prevent an original equipment
manufacturer from:
    (1) Requiring authorization or an internet connection before an
independent repair provider or owner may use a part or tool; or
    (2) providing parts, such as integrated batteries, to an independent
repair provider or owner that are preassembled with other parts rather
than as individual components if the preassembled parts or their
equivalents are also available to an authorized repair provider or owner.
    Sec. 5. (a) The attorney general shall have exclusive authority to
enforce this section. Prior to initiating an action, the attorney general
shall provide a written notice of the alleged violation of this act to the
alleged violator at least 30 days in advance. The notice shall identify
the specific provision alleged to have been violated and allow an
opportunity to cure the violation. Written notice by the attorney general
shall be delivered by:
    (1) Certified mail, return receipt requested; or
    (2) first-class mail with proof of delivery.
    (b) No enforcement action shall be brought if, within the 30-day
period described in subsection (a), the person cures the violation and
provides a written statement to the attorney general certifying the cure
and the person's intent to comply with this act.
    (c) The attorney general may bring an action in the name of the
state following the cure period described by subsection (b) to restrain
or enjoin a person from violating this act. The attorney general may
recover reasonable attorney fees and other reasonable expenses
incurred in investigating and bringing an action under this subsection.
    (d) This section shall not be construed to create, provide a basis
for or be subject to a private right of action for a violation of this act or
any other law.
    (e) An original equipment manufacturer or authorized repair
provider is not liable for any damage or injury to an individual, digital
electronic equipment or any property that occurs as a result of the
repair, diagnosis, maintenance or modification performed by an
independent repair provider or owner, or any other use of
documentation, replacement parts or tools made available by an
original equipment manufacturer, including:
    (1) Indirect, incidental, special or consequential damages;
    (2) loss of data, privacy or profits; or
    (3) inability to use or reduced functionality of digital electronic
equipment.
    (f) An original equipment manufacturer is not liable for any act
that is reasonably necessary to protect user privacy, security or digital
safety.
    (g) An original equipment manufacturer is not liable for improper
use of personal data or any data privacy or security breach in
connection with the repair, diagnosis, maintenance or modification that
is performed by an independent repair provider or owner.
    Sec. 6. A provision in a contract, including an agreement between
                    HOUSE BILL No. 2700—page 7
an authorized repair provider and an original equipment manufacturer,
that purports to waive, avoid, restrict or limit the original equipment
manufacturer's obligation to comply with this act is void and
unenforceable.
    Sec. 7. This act applies only to digital electronic equipment that
was originally made available for sale in this state by an original
equipment manufacturer on or after July 1, 2027.
    Sec. 8. To the extent of a conflict between this act and a provision
of an agreement between an authorized repair provider and an original
equipment manufacturer entered into before July 1, 2027, the provision
of the agreement prevails.
    Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
                                                 Speaker of the House.
                                                 Chief Clerk of the House.
Passed the SENATE
      as amended
SENATE adopted
Conference Committee Report
                                                  President of the Senate.
                                                  Secretary of the Senate.
APPROVED
                                                                Governor.