CHAPTER 99

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.

(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 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 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

(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, 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 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.

Approved April 9, 2026.