Nevada 2025 Regular Session Status: Enacted 1 D cosponsors

AB 407 — Enacts provisions relating to the repair of certain devices. (BDR 52-50)

Last action — Approved by the Governor. Chapter 129.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 12, 2025. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 30, 2025.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

304 added · 328 removed

304 line(s) added, 328 removed.

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Latest
(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B.
Assembly Bill No.
407 A SSEMBLY BILL NO .
407–Assemblymember Brown-May CHAPTER..........
407–ASSEMBLYMEMBER BROWN -M AY M ARCH 12, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Enacts provisions relating to the repair of certain devices.
(BDR 52-50) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(Title 52 equipment, which is defined by section 7.5 of this bill to mean a mobility deviceof designed for a person with a physical disability, including, without limitation, a powered wheelchair, manual wheelchair, mobility scooter or power assist device for a manual wheelchair, to make available to any independent repair provider or owner of the equipment, on fair and reasonable terms, certain documentation, parts and tools required for the diagnosis, maintenance or repair of the equipment;
(Title 52 of NRS) Section 26 of this bill:
and made available on fair and reasonable terms.
(1) requires an original equipment manufacturer of designed for a person with a physical disability, including, without limitation, a powered wheelchair, manual wheelchair, mobility scooter or power assist device for a manual wheelchair, to make available to any independent repair provider or owner of the equipment, on fair and reasonable terms, certain documentation, parts and tools required for the diagnosis, maintenance or repair of the equipment;
Section 3 of this bill defines are “authorized repair provider” to mean a person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer to use a proprietary identifier of the original equipment manufacturer to offer the services of diagnosis, maintenance or repair of the manufacturer’s equipment.
and (2) sets forth the circumstances under which documentation, parts and tools are made available on fair and reasonable terms.
Section 8 of this bill defines “independent services of diagnosis, maintenance or repair of equipment and who does not haven the an arrangement with an original equipment manufacturer as an authorized repair - *AB407_R1* – 2 – provider;
Section 3 of this bill defines “authorized repair provider” to mean a person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement original equipment manufacturer to offer the services of diagnosis, maintenance or repair of the manufacturer’s equipment.
Section 8 of this bill defines “independent repair provider” to mean:
(1) a person operating in this State who is engaged in the services of diagnosis, maintenance or repair of equipment and who does not have an arrangement with an original equipment manufacturer as an authorized repair provider;
Section 25 of this bill provides that an original equipment manufacturer is original equipment manufacturer offers to an owner the services of diagnosis,s, the maintenance or repair of its own equipment.
considered an authorized repair provider if, in the regular course of business, the original equipment manufacturer offers to an owner the services of diagnosis, maintenance or repair of its own equipment.
or (2) conditioning or imposing an obligation or restriction that is not reasonably diagnose, maintain or repair equipment.
or (2) conditioning or imposing an obligation or restriction that is not reasonably necessary to enable an independent repair provider or owner of equipment to equipment manufacturer from using certain mechanisms to:
Section 28 also prohibits an original equipment manufacturer from using certain mechanisms to:
(1) prevent aniginal independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or component of equipment;
(1) prevent an independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or component of equipment;
or (3) cause equipment to display misleading alerts or warnings about unidentified parts which the owner cannot immediately dismiss.
or (3) cause equipment to display - 83rd Session (2025) – 2 – misleading alerts or warnings about unidentified parts which the owner cannot immediately dismiss.
Section 32.5 of this bill provides that a violation of the provisions of this bill such a violation to certain civil and criminal penalties.g a person who commits Sections 3-22 of this bill define various terms for the purposes of this bill.
constitutes a deceptive trade practice, thereby subjecting a person who commitss bill such a violation to certain civil and criminal penalties.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 3-22 of this bill define various terms for the purposes of this bill.
Section 1.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
A person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer under which the original equipment manufacturer grants to the person a license to use a trade name, service mark or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair of equipment under the name of the original equipment - *AB407_R1* – 3 – manufacturer or other arrangement with the original equipment manufacturer to offer such services on behalf of the original equipment manufacturer;
A person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer under which the original equipment manufacturer grants to the person a license to use a trade name, service mark or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair of equipment under the name of the original equipment manufacturer or other arrangement with the original equipment manufacturer to offer such services on behalf of the original equipment manufacturer;
Sec.
- 83rd Session (2025) – 3 – Sec.
(Deleted by amendment.) Sec.
(Deleted by amendment.) procedure for the performance of maintenance, functional diagram, wiring diagram, reporting of output, description of a code for required service, schematic for a circuit board, security code, password, training material, information for troubleshooting, list of parts, list of tools or other guidance or information that enables a person to diagnose, maintain, repair or update equipment.
7.
“Documentation” means any manual, diagram, procedure for the performance of maintenance, functional diagram, wiring diagram, reporting of output, description of a code for required service, schematic for a circuit board, security code, password, training material, information for troubleshooting, list of parts, list of tools or other guidance or information that enables a person to diagnose, maintain, repair or update equipment.
“Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other computer hardware.
“Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other comSec.
Sec.
- *AB407_R1* – 4 – (b) Does not have an arrangement described in subsection 1 of section 3 of this act;
(b) Does not have an arrangement described in subsection 1 of section 3 of this act;
- 83rd Session (2025) – 4 – device that is a chair than can either be propelled by the user or pushed by another person.
10.
“Manual wheelchair” means a wheeled mobility device that is a chair than can either be propelled by the user or pushed by another person.
Sec.
Sec.
Secs.
13.
13-15.
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14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
“Pair a part” or “parts pairing” means the practice by a manufacturer of using software to identify component parts through a unique identifier.
“Pair a part” or “parts pairing” means the practice by a manufacturer of using software to identify comSec.
Sec.
- *AB407_R1* – 5 – Sec.
Sec.
“Tool” means any software program, hardware implement or other apparatus used for the diagnosis, maintenance or repair of equipment, including, without limitation, software or other mechanism that provides or calibrates functionality, program, pair a part or perform any other function required to diagnose, maintain, repair or update the original equipment or part to keep the equipment or part in, or return the equipment or part to, fully functional condition.
“Tool” means any software program, hardware implement or other apparatus used for the diagnosis, maintenance other mechanism that provides or calibrates functionality,tware or program, pair a part or perform any other function required to diagnose, maintain, repair or update the original equipment or part to keep the equipment or part in, or return the equipment or part to, fully functional condition.
Sec.
Secs.
23.
23 and 24.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 83rd Session (2025) – 5 – Sec.
24.
(Deleted by amendment.) Sec.
For the purposes of sections 2 to 32.5, inclusive, of this act, an original equipment manufacturer who, in the regular course of business, offers to an owner the services of diagnosis, maintenance or repair of its own equipment shall be considered an authorized repair provider with respect to such equipment.
For the purposes of sections 2 to 32.5, inclusive, of this act, an original equipment manufacturer who, in the regular course of business, offers to an owner the services of diagnosis, maintenance or repair of its own equipment shall be considered an autSec.
Sec.
1.
1.air An original equipment manufacturer shall make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer, on fair and reasonable terms, any documentation, parts and tools that are intended for use with the equipment or any part, including, without limitation, updates to embedded software, firmware or other documentation, parts and tools.
An original equipment manufacturer shall make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer, on fair and reasonable terms, any documentation, parts and tools that are intended for use with the equipment or any part, including, without limitation, updates to embedded software, firmware or other documentation, parts and tools.
For the purposes of subsection 1, with respect to an original equipment manufacturer who has an arrangement with an authorized repair provider described in subsection 1 of section 3 of this act:
For the purposes of subsection 1, with respect to an original equipment manufacturer who has an arrangement with an authorized repair provider described in subsection 1 of section of this act:
(a) Documentation is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, including, without limitation, any relevant updates, is made available free of charge, except that, if the documentation is requested in physical printed form, a charge may be imposed for the reasonable, actual costs of preparing and sending the documentation.
(a) Documentation is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, including, without limitation, any relevant updates, is made available free of charge, except that, if the be imposed for the reasonable, actual costs of preparing ande may sending the documentation.
- *AB407_R1* – 6 – (1) The part is made available at a cost and on terms that are equivalent to the most fair and reasonable costs and terms under which the original equipment manufacturer offers the part to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or any other incentive or preference the original equipment manufacturer offers to an authorized repair provider;
(1) The part is made available at a cost and on terms that are equivalent to the most fair and reasonable costs and terms under which the original equipment manufacturer offers the part to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or any other incentive or preference the original equipment manufacturer offers to an authorized repair provider;
and (2) The availability of the part is not conditioned on and does not impose a substantial obligation to use or restrict the use of the part to diagnose, maintain or repair the equipment sold, leased or otherwise supplied by the original equipment manufacturer.
and (2) The availability of the part is not conditioned on and does not impose a substantial obligation to use or restrict the use of the part to diagnose, maintain or repair the equipment sold, - 83rd Session (2025) – 6 – leased or otherwise supplied by the original equipment manufacturer.
(c) A tool is made available by the original equipment manufacturer on fair and reasonable terms if the tool is made available:
(c) A tool is made available by the original equipment manufacturer on fair and reasonable terms if the tool is made availa(1) Without imposing impediments to access to or the use of the tools to diagnose, maintain or repair the equipment and enable full functionality of the equipment;
(1) Without imposing impediments to access to or the use of the tools to diagnose, maintain or repair the equipment and enable full functionality of the equipment;
Retaliate against an authorized repair provider for providing or selling, or hinder the ability of an authorized repair provider to provide or sell, as applicable, documentation, parts or tools pursuant to sections 2 to 32.5, inclusive, of this act through any means, including, without limitation, by imposing a restriction on advertising or a limitation on an allocation of a product that is not related to a legitimate shortage of that product;
Retaliate against an authorized repair provider for provider to provide or sell, as applicable, documentation, parts or tools pursuant to sections 2 to 32.5, inclusive, of this act through any means, including, without limitation, by imposing a restriction on advertising or a limitation on an allocation of a product that is not related to a legitimate shortage of that product;
- *AB407_R1* – 7 – 2.
2.
(b) Reduce the functionality or performance of equipment;
- 83rd Session (2025) – 7 – (b) Reduce the functionality or performance of equipment;
29.
(Deleted by amendment.) Sec.
Alter the terms of any arrangement described in subsection 1 of section 3 of this act in force between an original equipment manufacturer and an authorized repair provider, including, without limitation, the performance or provision of work in the form of repairs pursuant to warranty or recall by an authorized repair provider on behalf of an original equipment manufacturer pursuant to the arrangement, except that any provision in such terms that purports to waive, avoid, restrict or limit the obligations of the original equipment manufacturer to comply with sections 2 to 32.5, inclusive, of this act is void and unenforceable.
Alter the terms of any arrangement described in subsection of section 3 of this act in force between an original equipment manufacturer and an authorized repair provider, including, without limitation, the performance or provision of work in the form of repairs pursuant to warranty or recall by an authorized repair provider on behalf of an original equipment manufacturer pursuant to the arrangement, except that any provision in such terms that purports to waive, avoid, restrict or limit the obligations of the original equipment manufacturer to comply with sections 2 to 32.5, inclusive, of this act is void and unenforceable.
Require an original equipment manufacturer or an authorized repair provider to provide to an independent repair provider or owner access to information, other than documentation, that is provided by the original equipment manufacturer to an authorized repair provider pursuant to the terms of an arrangement described in subsection 1 of section 3 of this act.
Require an original equipment manufacturer or an authorized repair provider to provide to an independent repair provider or owner access to information, other than documentation, that is provided by the original equipment manufacturer to an authorized repair provider pursuant to the terms of an arrangement described in subsection 1 of section 3 of thi4.acRequire an original equipment manufacturer to sell a part that is required or used to service equipment if the part is no longer made available to an authorized service provider by the original equipment manufacturer.
4.
Require an original equipment manufacturer to sell a part that is required or used to service equipment if the part is no longer made available to an authorized service provider by the original equipment manufacturer.
Prevent an original equipment manufacturer from establishing reasonable programs for the training or certification of independent repair providers, except that an original equipment - *AB407_R1* – 8 – manufacturer shall not require an independent repair provider to complete any such program for training or certification as a condition to be entitled to any of the rights granted under sections 2 to 32.5, inclusive, of this act.
Prevent an original equipment manufacturer from establishing reasonable programs for the training or certification of independent repair providers, except that an original equipment manufacturer shall not require an independent repair provider to complete any such program for training or certification as a condition to be entitled to any of the rights granted under sections to 32.5, inclusive, of this act.
repair provider is not liable for any damage or injury caused to any equipment, person or property, including, without limitation, any:
Sec.
1.
31.
An original equipment manufacturer or authorized repair provider is not liable for any damage or injury caused to any equipment, person or property, including, without limitation, any:
- 83rd Session (2025) – 8 – 1.
Inability to use or reduced functionality of equipment, which occurs as a result of the diagnosis, maintenance, repair or modification of equipment performed by an independent repair provider or owner.
Inability to use or reduced functionality of equipment, which occurs as a result of the diagnosis, maintenance, repair provider or owner.
Sec.
equipment performed by an independent repair Sec.
H - *AB407_R1*
~~~~~ 25 - 83rd Session (2025)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 129.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Read second time.

  9. From committee: Do pass.

  10. Read first time. Referred to Committee on Commerce and Labor. To committee.

  11. In Senate.

  12. From printer. To engrossment. Engrossed. First reprint. To Senate.

  13. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To printer.

  14. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 110.) Dispensed with reprinting.

  15. Notice of eligibility for exemption.

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 407?
AB 407 is sponsored by Brown-May, Tracy (Democratic).
What is the current status of AB 407?
This bill has been enacted into law. Introduced March 12, 2025. Enacted.
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