Illinois General Assembly - Full Text of HB3061
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Full Text of HB3061  102nd General Assembly

HB3061 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3061

 

Introduced 2/19/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Digital Fair Repair Act. Provides that original equipment manufacturers shall: (i) make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer the same diagnostic and repair documentation in the same manner as that information is made available to the manufacturer's authorized repair providers; and (ii) make available for purchase by the owner, his or her authorized agent, or any independent repair provider parts, inclusive of any updates to the embedded software of the parts, upon fair and reasonable terms. Requires manufacturers to make parts, tools, and documentation available when digital equipment is under an express warranty. Provides that a violation constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Authorizes enforcement by the Attorney General. Defines terms. Excludes motor vehicle manufacturers. Effective January 1, 2022.


LRB102 13867 JLS 19218 b

 

 

A BILL FOR

 

HB3061LRB102 13867 JLS 19218 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Digital Right to Repair Act.
 
6    Section 5. Definitions. In this Act:
7    "Authorized repair provider" means an individual or
8business that is unaffiliated with an original equipment
9manufacturer and that has an arrangement with the original
10equipment manufacturer, for a definite or indefinite period,
11under which the original equipment manufacturer grants to the
12individual or business a license to use a trade name, service
13mark, or other proprietary identifier for the purposes of
14offering the services of diagnosis, maintenance, or repair of
15digital electronic equipment under the name of the original
16equipment manufacturer, or other arrangement with the original
17equipment manufacturer to offer such services on behalf of the
18original equipment manufacturer. An original equipment
19manufacturer that offers the services of diagnosis,
20maintenance, or repair of its own digital electronic
21equipment, and that does not have an arrangement described in
22this subsection with an unaffiliated individual or business,
23shall be considered an authorized repair provider with respect

 

 

HB3061- 2 -LRB102 13867 JLS 19218 b

1to such equipment.
2    "Digital electronic equipment" or "equipment" means any
3product that depends for its functioning, in whole or in part,
4on digital electronics embedded in or attached to the product.
5    "Documentation" means any manual, diagram, reporting
6output, service code description, schematic, or other guidance
7or information used in effecting the services of diagnosis,
8maintenance, or repair of digital electronic equipment.
9    "Embedded software" means any programmable instructions
10provided on firmware delivered with digital electronic
11equipment, or with a part for such equipment, for purposes of
12equipment operation, including all relevant patches and fixes
13made by the manufacturer of such equipment or part for these
14purposes.
15    "Fair and reasonable terms" for obtaining a part or tool
16or documentation means at costs and terms that are equivalent
17to the most favorable costs and terms under which an original
18equipment manufacturer offers the part, tool, or documentation
19to an authorized repair provider:
20        (1) accounting for any discount, rebate, convenient
21    means of delivery, means of enabling fully restored and
22    updated functionality, rights of use, or other incentive
23    or preference the original equipment manufacturer offers
24    to an authorized repair provider, or any additional cost,
25    burden, or impediment the original equipment manufacturer
26    imposes on an independent repair provider;

 

 

HB3061- 3 -LRB102 13867 JLS 19218 b

1        (2) that are not conditioned on or imposing a
2    substantial obligation or restriction that is not
3    reasonably necessary for enabling the owner or independent
4    repair provider to engage in the diagnosis, maintenance,
5    or repair of digital electronic equipment made by or on
6    behalf of the original equipment manufacturer; and
7        (3) that are not conditioned on an arrangement as an
8    authorized repair provider.
9    For documentation, including any relevant updates, "fair
10and reasonable terms" also means at no charge, except that,
11when the documentation is requested in physical printed form,
12a charge may be included for the reasonable actual costs of
13preparing and sending the copy.
14    For software tools, "fair and reasonable terms" also means
15at no charge and without requiring authorization or Internet
16access or imposing impediments to access or use in the course
17of effecting the diagnosis, maintenance, or repair and
18enabling full functionality of digital electronic equipment,
19in a manner that impairs the efficient and cost-effective
20performance of any of those activities.
21    "Firmware" means a software program or set of instructions
22programmed on digital electronic equipment, or on a part for
23such equipment, to allow the equipment or part to communicate
24within itself or with other computer hardware.
25    "Independent repair provider" means an individual or
26business operating in this State that does not have an

 

 

HB3061- 4 -LRB102 13867 JLS 19218 b

1arrangement as an authorized repair provider with an original
2equipment manufacturer, is not affiliated with any individual
3or business that has such an arrangement, and is engaged in the
4services of diagnosis, maintenance, or repair of digital
5electronic equipment, except that an original equipment
6manufacturer or, with respect to that original equipment
7manufacturer, an individual or business that has such an
8arrangement with that original equipment manufacturer or that
9is affiliated with an individual or business that has such an
10arrangement with that original equipment manufacturer, shall
11be considered an independent repair provider for purposes of
12those instances in which it engages in the services of
13diagnosis, maintenance, or repair of digital electronic
14equipment that is not manufactured by or sold under the name of
15that original equipment manufacturer.
16    "Manufacturer of motor vehicle equipment" means a business
17engaged in the business of manufacturing or supplying
18components that are used in the manufacture, maintenance, or
19repair of a motor vehicle.
20    "Motor vehicle" means a vehicle that is designed for
21transporting persons or property on a street or highway and is
22certified by the manufacturer under all applicable federal
23safety and emissions standards and requirements for
24distribution and sale in the United States. "Motor vehicle"
25does not include:
26        (1) a motorcycle; or

 

 

HB3061- 5 -LRB102 13867 JLS 19218 b

1        (2) a recreational vehicle or an auto home equipped
2    for habitation.
3    "Motor vehicle dealer" means an individual or business
4that, in the ordinary course of business, is engaged in the
5business of selling or leasing new motor vehicles to an
6individual or business pursuant to a franchise agreement, has
7obtained a license under the Illinois Vehicle Code, and is
8engaged in the services of diagnosis, maintenance, or repair
9of motor vehicles or motor vehicle engines pursuant to that
10franchise agreement.
11    "Motor vehicle manufacturer" means a business engaged in
12the business of manufacturing or assembling new motor
13vehicles.
14    "Original equipment manufacturer" means a business engaged
15in the business of selling, leasing, or otherwise supplying
16new digital electronic equipment manufactured by or on behalf
17of itself to any individual or business.
18    "Owner" means an individual or business that owns or
19leases digital electronic equipment purchased or used in this
20State.
21    "Part" means any replacement part, either new or used,
22made available by an original equipment manufacturer for
23purposes of effecting the services of maintenance or repair of
24digital electronic equipment manufactured by or on behalf of,
25sold, or otherwise supplied by the original equipment
26manufacturer.

 

 

HB3061- 6 -LRB102 13867 JLS 19218 b

1    "Tools" means any software program, hardware implement, or
2other apparatus used for diagnosis, maintenance, or repair of
3digital electronic equipment, including software or other
4mechanisms that provision, program, or pair a new part,
5calibrate functionality, or perform any other function
6required to bring the product back to fully functional
7condition.
8    "Trade secret" has the meaning ascribed to that term in
9the Illinois Trade Secrets Act.
 
10    Section 10. Availability of parts; requirements.
11    (a) For digital electronic equipment and parts for such
12equipment sold or used in this State, an original equipment
13manufacturer shall make available, for purposes of diagnosis,
14maintenance, or repair of such equipment, to any independent
15repair provider or to the owner of digital electronic
16equipment manufactured by or on behalf of, or sold or
17otherwise supplied by the original equipment manufacturer, on
18fair and reasonable terms, documentation, parts, and tools,
19inclusive of any updates to information or embedded software.
20Nothing in this subsection requires an original equipment
21manufacturer to make available a part if the part is no longer
22available to the original equipment manufacturer.
23    (b) For equipment that contains an electronic security
24lock or other security-related function, the original
25equipment manufacturer shall make available to the owner and

 

 

HB3061- 7 -LRB102 13867 JLS 19218 b

1to independent repair providers, on fair and reasonable terms,
2any special documentation, tools, and parts needed to disable
3the lock or function, and to reset it when disabled in the
4course of diagnosis, maintenance, or repair of the equipment.
5Such documentation, tools, and parts may be made available by
6means of an appropriate secure system.
7    (c) When the original equipment manufacturer has made an
8express warranty with respect to digital electronic equipment
9and the wholesale price of the equipment is $100 or more, the
10manufacturer shall provide such parts, tools, and
11documentation as needed to enable the repair of the equipment
12during the warranty period, at an equitable price and
13convenience of delivery and of enabling functionality, in
14light of:
15        (1) the actual cost to the original equipment
16    manufacturer to prepare and distribute the part, tool, or
17    documentation, exclusive of any research and development
18    costs incurred;
19        (2) the ability of owners and independent repair
20    providers to afford the part, tool, or documentation; and
21        (3) the means by which the part, tool, or
22    documentation is distributed.
 
23    Section 15. Enforcement by Attorney General. Violation of
24any of the provisions of this Act is an unlawful practice under
25the Consumer Fraud and Deceptive Business Practices Act. All

 

 

HB3061- 8 -LRB102 13867 JLS 19218 b

1remedies, penalties, and authority granted to the Attorney
2General by that Act shall be available to him or her for the
3enforcement of this Act.
 
4    Section 20. Limitations.
5    (a) Nothing in this Act shall be construed to require an
6original equipment manufacturer to divulge a trade secret to
7an owner or an independent service provider except as
8necessary to provide documentation, parts, and tools on fair
9and reasonable terms.
10    (b) No provision in this Act shall be construed to alter
11the terms of any arrangement in force between an authorized
12repair provider and an original equipment manufacturer,
13including, but not limited to, the performance or provision of
14warranty or recall repair work by an authorized repair
15provider on behalf of an original equipment manufacturer
16pursuant to such arrangement, except that any provision in
17such terms that purports to waive, avoid, restrict, or limit
18the original equipment manufacturer's obligations to comply
19with this Act shall be void and unenforceable.
 
20    Section 25. Exclusions. Nothing in this Act applies to a
21motor vehicle manufacturer, manufacturer of motor vehicle
22equipment, or motor vehicle dealer acting in that capacity, or
23to any product or service of a motor vehicle manufacturer,
24manufacturer of motor vehicle equipment, or motor vehicle

 

 

HB3061- 9 -LRB102 13867 JLS 19218 b

1dealer acting in that capacity.
 
2    Section 30. Applicability. This Act applies with respect
3to equipment sold or in use on or after the effective date of
4this Act.
 
5    Section 99. Effective date. This Act takes effect January
61, 2022.