SB 364 establishes "kill switch" laws, primarily affecting individuals who own electronic consumer products and motor vehicles, and the entities that manufacture or service them. The bill prohibits an entity from remotely activating a kill switch on a person's personally owned property without a court order or warrant. Exceptions include situations involving unpaid subscriptions or leased items (with prior disclosure), and certain safety features in motor vehicles. Additionally, a kill switch can be activated on stolen property with the owner's consent. Violations allow individuals to seek $10,000 in statutory damages per instance.
The bill updated the definition of 'Hard reset' by changing the lettering format from 'b)' to '(b)', which is a minor formatting adjustment. No substantive policy changes, scope expansions, or new requirements were introduced in this specific section.
DEFINITION
Changed the bullet point style for the 'Hard reset' definition from 'b)' to '(b)', likely to align with a standardized numbering format in the document.
SB0364_X(6).pdf→SB0364_X(7).pdf·6 edits
MODERATE
The bill was revised to clarify that it applies specifically to 'personally owned property' rather than just 'electronic consumer products,' expanding the protection to include motor vehicles and other personal assets. A new provision was added granting individuals $10,000 in statutory damages for each unauthorized remote activation of a kill switch, significantly strengthening the penalty for violations. The text was also cleaned up to remove redundant words and correct grammatical errors in the title and definitions sections.
Scope change
The bill's scope was broadened from strictly 'electronic consumer products' to 'personally owned property,' which now explicitly includes motor vehicles and other personal items, ensuring broader protection against remote shutdowns.
ENFORCEMENT
Added a specific provision granting individuals $10,000 in statutory damages for each violation of the kill switch prohibition.
SCOPE
Changed the primary subject from 'electronic consumer products' to 'personally owned property' to explicitly include motor vehicles and other personal assets.
DEFINITION
Updated the definition of 'Entity' to refer to companies providing services for 'personally owned property' instead of just 'electronic consumer products.'
Revised the definition of 'Kill switch' to apply to 'personally owned property' rather than limiting it to 'electronic consumer products.'
TECHNICAL
Removed redundant phrasing in the exceptions list regarding recurring-payment programs and leased devices.
REQUIREMENT
Clarified that entities must disclose kill switch capabilities before entering into agreements or contracts.
SB0364_X(2).pdf→SB0364_X(3).pdf·1 edit
MINOR
The bill adds the word 'part' to clarify that the new sections will be codified as a new part within Title 30, Chapter 14. This is a technical formatting correction intended to improve the organization and clarity of the final legal code, rather than changing any substantive policy, eligibility rules, or funding amounts.
TECHNICAL
Added the word 'part' to the codification instruction to specify that Sections 1 through 3 will form a new part within the existing Title 30, Chapter 14.
SB0364_5(11).pdf→SB0364_X.pdf·3 edits
MINOR
The bill text was reformatted from a draft version to an official enrolled bill, correcting numbering errors and removing redundant phrases. The core policy content regarding kill switch regulations, warrant requirements, and damages remains substantively unchanged.
TECHNICAL
Fixed inconsistent numbering and formatting throughout the document, such as correcting the section title and removing duplicate words in the act's title.
Standardized the capitalization of terms like 'personally owned property' and 'entity' to match the official enrolled version.
Deleted the 'Authorized Print Version' header and replaced it with the 'ENROLLED BILL' certification block, indicating the bill has been passed and finalized.
SB0364_4(12).pdf→SB0364_5.pdf·3 edits
MINOR
The bill number was updated from SB 364.4 to SB 364.5 to reflect its progression in the legislative process. The most significant substantive change is the addition of a mandatory disclosure requirement, ensuring companies must inform consumers about the existence and capability of 'kill switches' before signing an agreement. This shift moves the policy from a purely reactive framework to one that prioritizes consumer transparency and informed consent regarding vehicle shutdown features.
Scope change
The bill's scope now explicitly includes a pre-contractual transparency requirement for entities utilizing remote shutdown mechanisms, whereas the previous version lacked this specific disclosure mandate.
REQUIREMENT
Entities must now disclose the existence of kill switches and the ability to activate them before entering into any agreement or contract with a consumer.
DEFINITION
The definition of 'kill switch' was expanded to include the specific requirement that such mechanisms must be disclosed to the user prior to purchase or service activation.
TECHNICAL
The bill number was updated from SB0364.4 to SB0364.5 to track its version in the legislative record.
SB0364_3(17).pdf→SB0364_4(7).pdf·4 edits
MODERATE
The bill was renumbered from SB 364.3 to SB 364.4, and its scope was significantly expanded to include motor vehicles, rental agreements, and secured creditor contracts in addition to electronic consumer products. The definition of a 'kill switch' was broadened to cover safety features and automated driving systems, while the enforcement section was reorganized to clarify statutory damages for violations. These changes shift the legislation from a narrow consumer protection focus on electronics to a comprehensive framework regulating remote deactivation across multiple industries.
Scope change
The bill's scope expanded from solely covering electronic consumer products to also include motor vehicles, leased electronic devices, rental agreements, and other secured creditor agreements.
SCOPE
Added motor vehicles, rental agreements, and secured creditor agreements to the list of items subject to kill switch regulations.
DEFINITION
Expanded the definition of 'kill switch' to include mechanisms addressing critical safety issues, incapacitated drivers, partial driving automation, and idling vehicles.
Updated the definition of 'electronic consumer product' to explicitly include motor vehicles as defined by state law.
ENFORCEMENT
Reorganized the enforcement and damages section to clarify that individuals are entitled to statutory damages without needing to prove monetary loss.
SB0364_4(6).pdf→SB0364_3(17).pdf·4 edits
MODERATE
The bill was renumbered from SB 364.4 to SB 364.3, indicating a revision in the legislative process. The scope of the bill was significantly narrowed by removing broad exemptions for recurring payment programs and leased consumer products, while adding specific exemptions for motor vehicles used in safety mechanisms, driver incapacitation alerts, automated driving systems, and engine shut-off features. The definitions section was reorganized to clarify terms like 'entity' and 'kill switch' specifically in the context of motor vehicles and safety features, shifting the focus from general electronic devices to vehicle-specific applications.
Scope change
The bill's scope shifted from covering a wide range of electronic consumer products and recurring payment agreements to focusing primarily on motor vehicles and specific safety or operational mechanisms within them.
SCOPE
Removed exemptions that previously excluded subscriptions, memberships, recurring-payment programs, and leased electronic devices from the bill's restrictions.
Added specific exemptions for motor vehicles equipped with safety mechanisms, such as those that activate during driver incapacitation, partial driving automation, automated driving systems, or idle engine shut-off.
DEFINITION
Reorganized and modified definitions to emphasize 'motor vehicles' and 'personally owned property' while retaining definitions for 'entity' and 'kill switch' in the context of vehicle functionality.
TECHNICAL
Updated the bill number from SB 364.4 to SB 364.3 and adjusted line numbering and formatting throughout the document.
SB0364_3(16).pdf→SB0364_4.pdf·7 edits
MODERATE
The bill was renumbered from SB 364.3 to SB 364.4, and its core content was significantly altered to shift focus from consumer electronics to motor vehicles. The new version removes protections for electronic devices and instead establishes rules for 'kill switches' in cars, allowing entities to remotely disable vehicles for unpaid debts or safety issues. This change expands the bill's scope to include vehicles while removing specific definitions related to hard resets and electronic consumer products.
Scope change
The bill's scope expanded from covering electronic consumer products and leased devices to primarily covering motor vehicles and secured creditor agreements, while removing exemptions for electronic subscriptions.
SCOPE
The bill was renumbered from SB 364.3 to SB 364.4.
Exemptions for subscriptions, memberships, and recurring-payment programs were removed.
New exemptions were added for electronic devices used to enforce retail installment sale agreements, leases, and other secured creditor agreements.
New exemptions were added for mechanisms addressing critical safety issues, incapacitated drivers, partial driving automation, automated driving systems, and idling vehicles.
DEFINITION
Definitions for 'Electronic consumer product', 'Hard reset', and specific 'Kill switch' actions regarding electronic devices were removed.
REQUIREMENT
The definition of 'Kill switch' was modified to include mechanisms that can shut off or reset motor vehicles.
ENFORCEMENT
The enforcement section was restructured to apply to violations regarding motor vehicles rather than electronic consumer products.
SB0364_2(15).pdf→SB0364_3.pdf·3 edits
MINOR
This bill was renumbered from SB 364.2 to SB 364.3 and expanded its scope by extending the application of new definitions to Section 3. The most significant substantive change is the insertion of a new Section 3, which establishes a 'kill switch' mechanism for stolen personal property, allowing owners to remotely disable their devices with consent. The bill's effective date remains October 1, 2025, while the codification instructions were updated to reflect the inclusion of the new section.
Scope change
The bill's scope expanded from covering only sections 1 and 2 to now including Section 3, which introduces a new mechanism for remotely disabling stolen electronic devices.
REQUIREMENT
Added a new Section 3 that authorizes the activation of a 'kill switch' on stolen personally owned electronic devices with the owner's consent.
DEFINITION
Updated the scope of definitions in Section 1 to explicitly apply to Sections 1, 2, and the new Section 3.
TECHNICAL
Renumbered the bill from SB 364.2 to SB 364.3 and adjusted section numbering to accommodate the new content.
SB0364_2(7).pdf→SB0364_2(8).pdf·1 edit
MINOR
The bill underwent minor formatting adjustments where extra spacing was removed from several definition lines. No substantive policy changes, new requirements, or scope modifications were identified in this specific text segment.
TECHNICAL
Removed unnecessary line breaks and extra whitespace from the formatting of definitions for 'Entity', 'Hard reset', 'Individual', and 'Kill switch'.
SB0364_2(4).pdf→SB0364_2(5).pdf·1 edit
MINOR
The bill was amended to correct a grammatical error in the definition of when a vehicle's emergency system activates. The change clarifies that the system triggers when a 'driver' is incapacitated rather than when a 'drive' is incapacitated, ensuring the language accurately describes the human operator rather than the vehicle itself.
Scope change
The scope of applicability remains unchanged; the amendment only corrects the specific wording regarding who must be incapacitated to trigger the system.
TECHNICAL
Corrected the term 'drive' to 'driver' to accurately reflect that the system activates when the person operating the vehicle is incapacitated, suffering a medical emergency, or loses consciousness.
SB0364_2(3).pdf→SB0364_2(4).pdf·6 edits
MODERATE
The bill was significantly expanded to include motor vehicles alongside electronic consumer products, introducing new exemptions for vehicle safety features and kill switches. The legislation now defines 'kill switches' for cars that can remotely disable vehicles or shorten their lifespan, while also protecting specific vehicle safety mechanisms like emergency braking and automated driving systems. Enforcement provisions were strengthened to allow individuals to sue for statutory damages of $10,000 per violation without needing to prove financial loss.
Scope change
The bill's scope expanded from covering only electronic consumer products to explicitly including motor vehicles, creating a new regulatory framework for vehicle remote deactivation and safety features.
SCOPE
Motor vehicles are now included as covered products under the bill, alongside electronic consumer products.
DEFINITION
New definitions were added for 'motor vehicles,' 'entity,' 'hard reset,' 'individual,' and 'kill switch' specifically in the context of vehicles.
REQUIREMENT
Exemptions were created for vehicle safety mechanisms that address critical safety issues, respond to medical emergencies, or bring automated vehicles to a minimal risk condition.
A 'kill switch' for vehicles is now defined to include mechanisms that remotely shut down engines, drain batteries, or shorten software lifespan.
New exemptions protect vehicle features that automatically shut off idling engines or activate during driver incapacitation.
ENFORCEMENT
Enforcement rules were updated to allow individuals to recover $10,000 in statutory damages for each violation without proving actual financial loss.
SB0364_1(8).pdf→SB0364_2.pdf·4 edits
MODERATE
The bill was amended to expand its scope beyond just electronic consumer products to include motor vehicles. This change adds specific safety exceptions for vehicles, allowing remote kill switches to be used for critical safety issues, driver incapacitation, or automated driving system failures, while maintaining protections for personally owned property.
Scope change
The bill's scope expanded from only 'electronic consumer products' to explicitly include 'motor vehicles subject to collections,' adding new safety-related exceptions for vehicle kill switches.
SCOPE
Added motor vehicles to the list of items covered by the bill's kill switch regulations.
EXCEPTIONS
Created new exceptions allowing remote activation of kill switches in vehicles for imminent safety issues, driver incapacitation, loss of consciousness, automated driving system failures, and idling engines.
DEFINITION
Updated the definition of 'kill switch' to include mechanisms specifically designed for vehicle safety and automated driving systems.
REQUIREMENT
Added a requirement that vehicle kill switches must address specific safety scenarios rather than just general service interruptions.
LC0736.pdf→SB0364_1.pdf·1 edit
MINOR
The bill was renumbered from LC 0736 to SB 364.1 and updated to reflect the 'Authorized Print Version' status. The substantive policy content regarding kill switch laws and electronic consumer product protections remains unchanged.
TECHNICAL
Bill number changed from LC 0736 to SB 364.1, and page headers updated to indicate the Authorized Print Version.
