Senator Bill Blessing (R) has re-introduced a Right to Repair bill in Ohio. Last year, his legislation failed to pass committee and was tabled the remainder of session. The Senator recently introduced Senate Bill 176 and the bill has not been assigned to a committee yet.
Analyzing the bill, this iteration has a few noticeable changes. The most obvious is the scope of the bill which provides an exemption for a “manufacturer or dealer of farming or forestry equipment acting in that capacity, or to any product or service of a manufacturer or dealer of farming or forestry equipment acting in that capacity.” The bill also excludes construction equipment from the definition of digital electronic equipment, which is purportedly an exemption for construction dealers too.
Senate Bill 176 contains all of the problematic provisions we typically see in Right to Repair legislation including the requirement for authorized dealers to sell parts at net cost and a private cause of action as an enforcement mechanism. Therefore, it is crucial to have a complete and clear exemption for our industry and all our members.
We have sent the bill sponsor our position statement requesting an amendment to the bill that incorporates our off-road industry exemption language. This exemption language has now been incorporated in five other states that have passed Right to Repair legislation aimed at consumer electronics and provides a comprehensive amendment that we are comfortable with.
If the bill sponsor is not willing to amend the legislation, we will be fighting to stop it again. We will keep you updated on any changes in substance or status of the legislation. If you have any questions or comments, please contact me directly.
