Maryland 2025 Regular Session

Maryland House Bill HB31

Introduced
1/8/24  
Introduced
1/8/25  
Refer
1/8/24  
Refer
1/8/25  
Report Pass
3/15/25  
Engrossed
3/17/25  
Refer
3/17/25  
Report Pass
3/27/25  
Enrolled
4/2/25  
Chaptered
5/13/25  

Caption

Consumer Protection - Right to Repair - Powered Wheelchairs

Summary

HB31 creates a new “Powered Wheelchairs Repair” subtitle in Maryland’s Commercial Law Article to expand right-to-repair protections for powered wheelchairs. It requires manufacturers doing business in the state to make available, on fair and reasonable terms and costs, the documentation, parts, embedded software, firmware, and tools needed by independent repair providers or owners to diagnose, maintain, and repair powered wheelchairs and certain related components. The bill also covers updates to those materials and includes provisions for security-related functions, such as electric security locks, so they can be reset when disabled during service. The bill defines key terms such as manufacturer, owner, independent repair provider, authorized repair provider, embedded software, firmware, tools, and powered wheelchair. Its requirements apply to specified wheelchair parts and accessories, including batteries, chargers, joysticks, wheel assemblies, anti-tip devices, armrests in certain cases, caster spheres, cosmetic shrouding, and nonpowered leg lowers. It excludes parts no longer available from the original manufacturer and protects trade secrets, while allowing redactions that do not reduce usability for repair purposes. The bill also states that manufacturers are not liable for faulty repairs performed by independent providers or owners, and it preserves product liability claims. HB31 amends Maryland’s unfair and deceptive trade practices law by making a violation of the new repair subtitle an unfair, abusive, or deceptive trade practice subject to Title 13 enforcement and penalties. It also bars contracts from waiving or limiting the subtitle’s requirements and remedies, and it applies prospectively only to contracts executed after the effective date. The act takes effect October 1, 2025. The overall sentiment reflected in the vote history is strongly favorable. The bill passed the House 120-17 and the Senate 45-0, indicating broad bipartisan support and little recorded opposition in the available history. No committee transcript is available, so the record does not show detailed floor or committee debate, but the final votes suggest the measure was viewed as a consumer-access and accessibility bill with wide appeal. The main points of contention likely center on the balance between repair access and manufacturer protections. The bill’s trade secret carveout, limits for unavailable parts, and liability shield for manufacturers appear designed to address concerns from manufacturers about proprietary information and post-repair responsibility. At the same time, the bill’s supporters would be expected to emphasize affordability, accessibility, and the ability of wheelchair users and independent repair shops to obtain timely repairs without being forced to rely solely on manufacturer-authorized service channels.

Impact

HB31 adds a new subtitle to the Commercial Law Article governing repair access for powered wheelchairs and expands Maryland’s consumer protection law by treating violations as unfair, abusive, or deceptive trade practices under Title 13. It imposes affirmative disclosure and parts/tool-sharing obligations on manufacturers, limits contractual waivers, and creates enforceable rights for independent repair providers and wheelchair owners, while preserving trade secret protections and manufacturer immunity for third-party repair errors.

Sentiment

The bill appears to have enjoyed strong support and minimal opposition in the legislature. It passed both chambers by wide margins, including a unanimous Senate vote, suggesting broad agreement that powered wheelchair users should have better access to repairs and repair information. The absence of committee transcripts limits insight into detailed debate, but the voting record indicates a favorable overall sentiment.

Contention

The likely areas of disagreement involve how far manufacturers must go in sharing repair materials and software, and how to protect proprietary information while still enabling meaningful repairs. Manufacturers may have concerns about trade secrets, security-related functions, and liability for improper repairs, while consumer advocates and disability-rights supporters are likely focused on access, affordability, and repair independence. The bill addresses these tensions by carving out unavailable parts and trade secrets, allowing redactions, and shielding manufacturers from liability for faulty independent repairs.

Companion Bills

MD SB382

Crossfiled Consumer Protection - Right to Repair - Powered Wheelchairs

Similar Bills

No similar bills found.