Connecticut 2022 Regular Session

Connecticut Senate Bill SB00121 Compare Versions

Only one version of the bill is available at this time.

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6	6	LCO No. 1275 1 of 6
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8	8	General Assembly Raised Bill No. 121
9	9	February Session, 2022
10	10	LCO No. 1275
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13	13	Referred to Committee on GENERAL LAW
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15	15
16	16	Introduced by:
17	17	(GL)
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22	22	AN ACT CONCERNING THE FAIR RIGHT TO REPAIR ACT.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. (NEW) (Effective October 1, 2022) (a) This section shall be 1
27	27	known, and may be cited, as the "Fair Right to Repair Act". 2
28	28	(b) For the purposes of this section: 3
29	29	(1) "Authorized repair provider" means (A) with respect to any 4
30	30	original equipment manufacturer, any person who is unaffiliated with 5
31	31	such original equipment manufacturer and enters into an arrangement 6
32	32	with such original equipment manufacturer under which (i) such 7
33	33	original equipment manufacturer grants to such person a license to use 8
34	34	a service mark, trade name or other proprietary identifier for the 9
35	35	purpose of offering to diagnose, maintain or repair digital electronic 10
36	36	equipment under such original equipment manufacturer's name, or (ii) 11
37	37	such person offers to diagnose, maintain or repair digital electronic 12
38	38	equipment on behalf of such original equipment manufacturer, and (B) 13
39	39	with respect to any digital electronic equipment, any original equipment 14
40	40	manufacturer that (i) manufactures, has manufactured on such original 15 Raised Bill No. 121
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44	44	LCO No. 1275 2 of 6
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46	46	equipment manufacturer's behalf, sells or supplies such digital 16
47	47	electronic equipment and offers to diagnose, maintain or repair such 17
48	48	digital electronic equipment, and (ii) does not enter into an arrangement 18
49	49	with any unaffiliated person as described in subparagraph (A) of this 19
50	50	subdivision for the purpose of diagnosing, maintaining or repairing 20
51	51	such digital electronic equipment. 21
52	52	(2) "Digital electronic equipment" means any product that, in whole 22
53	53	or in part, requires digital electronics that are embedded in, or attached 23
54	54	to, such product in order for such product to fully function. 24
55	55	(3) "Documentation" means any diagram, manual, password, 25
56	56	reporting output, schematic, security code, service code description or 26
57	57	other information that is used to diagnose, maintain or repair digital 27
58	58	electronic equipment and any update to such diagram, manual, 28
59	59	password, reporting output, schematic, security code, service code 29
60	60	description or other information. 30
61	61	(4) "Fair and reasonable terms" means (A) terms that (i) enable a 31
62	62	person to obtain from an original equipment manufacturer any 32
63	63	documentation, part or tool at a price, and subject to conditions, that are 33
64	64	equivalent to the most favorable price at, and conditions under, which 34
65	65	the original equipment manufacturer offers such documentation, part 35
66	66	or tool to an authorized repair provider (I) including any discount, 36
67	67	convenient and timely means of delivery, means of enabling fully 37
68	68	restored and updated functionality, rebate, right of use and other 38
69	69	incentive or preference such original equipment manufacturer may 39
70	70	offer to an authorized repair provider, and (II) excluding any additional 40
71	71	burden, cost or impediment such original equipment manufacturer may 41
72	72	otherwise impose on an independent repair provider or owner, and (ii) 42
73	73	are not conditioned on the existence of an arrangement described in 43
74	74	subparagraph (A) of subdivision (1) of this subsection, and (B) with 44
75	75	respect to any documentation, including, but not limited to, any updates 45
76	76	to such documentation, terms that (i) satisfy the criteria set forth in 46
77	77	subparagraph (A) of this subdivision, and (ii) do not impose any cost for 47
78	78	such documentation except for the actual and reasonable cost of 48 Raised Bill No. 121
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82	82	LCO No. 1275 3 of 6
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84	84	preparing and providing such documentation if such documentation is 49
85	85	provided in printed form. 50
86	86	(5) "Independent repair provider" means (A) any original equipment 51
87	87	manufacturer operating in this state that diagnoses, maintains or repairs 52
88	88	any digital electronic equipment that such original equipment 53
89	89	manufacturer did not manufacture, have manufactured on such original 54
90	90	equipment manufacturer's behalf, sell or supply, and (B) any person (i) 55
91	91	operating in this state who is not an original equipment manufacturer, 56
92	92	(ii) who diagnoses, maintains or repairs any digital electronic 57
93	93	equipment, and (iii) who has not entered into an arrangement with an 58
94	94	original equipment manufacturer as described in subparagraph (A) of 59
95	95	subdivision (1) of this subsection, and is unaffiliated with any person 60
96	96	who has entered into such an arrangement, with respect to the digital 61
97	97	electronic equipment being diagnosed, maintained or repaired. 62
98	98	(6) "Motor home" has the same meaning as provided in section 14-1 63
99	99	of the general statutes. 64
100	100	(7) (A) "Motor vehicle" means any vehicle that (i) is designed to 65
101	101	transport individuals or property on highways or streets, and (ii) the 66
102	102	motor vehicle manufacturer has certified satisfies all applicable state 67
103	103	and federal emissions standards, safety standards and other 68
104	104	requirements for distribution or sale in the United States. 69
105	105	(B) "Motor vehicle" does not include any motor home, motorcycle or 70
106	106	recreational vehicle. 71
107	107	(8) "Motor vehicle equipment manufacturer" means any legal entity 72
108	108	that is engaged in the business of manufacturing or supplying 73
109	109	components that are used to maintain, manufacture or repair any motor 74
110	110	vehicle. 75
111	111	(9) "Motor vehicle manufacturer" means any legal entity that is 76
112	112	engaged in the business of assembling or manufacturing new motor 77
113	113	vehicles. 78 Raised Bill No. 121
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117	117	LCO No. 1275 4 of 6
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119	119	(10) "Motorcycle" has the same meaning as provided in section 14-1 79
120	120	of the general statutes. 80
121	121	(11) "New motor vehicle dealer" means any new motor vehicle dealer 81
122	122	that (A) is licensed under section 14-52 of the general statutes, and (B) 82
123	123	leases or sells motor vehicles, and diagnoses, maintains or repairs motor 83
124	124	vehicles, pursuant to a franchise agreement. 84
125	125	(12) "Original equipment manufacturer" means any legal entity that 85
126	126	(A) manufactures, or has manufactured on such entity's behalf, any new 86
127	127	digital electronic equipment or parts of such digital electronic 87
128	128	equipment, and (B) is engaged in the business of leasing, selling or 88
129	129	otherwise supplying such digital electronic equipment to other persons. 89
130	130	(13) "Owner" means any person who owns or leases any digital 90
131	131	electronic equipment that was purchased, or is used, in this state. 91
132	132	(14) "Part" means any new or used component of any digital 92
133	133	electronic equipment that the original equipment manufacturer of such 93
134	134	digital electronic equipment makes available, or that is made available 94
135	135	to such original equipment manufacturer, to maintain or repair such 95
136	136	digital electronic equipment. 96
137	137	(15) "Person" means any individual, association, business, 97
138	138	corporation, firm, limited liability company, organization, partnership, 98
139	139	trust or other legal entity. 99
140	140	(16) "Recreational vehicle" has the same meaning as provided in 100
141	141	section 14-1 of the general statutes. 101
142	142	(17) "Tool" means any hardware implement, software program or 102
143	143	other apparatus used to diagnose, maintain or repair any digital 103
144	144	electronic equipment, including, but not limited to, any software or 104
145	145	other mechanism that calibrates functionality, pairs, programs or 105
146	146	provisions any part or performs any other function necessary to return 106
147	147	such digital electronic equipment to its fully functional condition. 107
148	148	(18) "Trade secret" has the same meaning as provided in 18 USC 1839. 108 Raised Bill No. 121
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152	152	LCO No. 1275 5 of 6
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154	154	(c) (1) (A) Except as provided in subparagraph (B) of this subdivision, 109
155	155	each original equipment manufacturer shall make available to 110
156	156	independent repair providers and owners, on fair and reasonable terms, 111
157	157	documentation, parts and tools for the purpose of enabling independent 112
158	158	repair providers and owners to diagnose, maintain and repair the digital 113
159	159	electronic equipment and parts that such original equipment 114
160	160	manufacturer manufactures, has manufactured on such original 115
161	161	equipment manufacturer's behalf, sells or otherwise supplies. 116
162	162	(B) Nothing in subparagraph (A) of this subdivision shall be 117
163	163	construed to require any original equipment manufacturer to make 118
164	164	available any part that is no longer available to such original equipment 119
165	165	manufacturer. 120
166	166	(2) If any digital electronic equipment contains any electronic security 121
167	167	lock or other security related function, the original equipment 122
168	168	manufacturer of such digital electronic equipment shall, on fair and 123
169	169	reasonable terms, make available to the owner of, and any independent 124
170	170	repair provider engaged to diagnose, maintain or repair, such digital 125
171	171	electronic equipment, any special documentation, tool or part that is 126
172	172	necessary to disable and reset such lock or function. 127
173	173	(d) Nothing in this section shall be construed to: 128
174	174	(1) Require any original equipment manufacturer to disclose any 129
175	175	trade secret to any owner or independent repair provider unless such 130
176	176	disclosure is necessary to provide any documentation, part or tool on 131
177	177	fair and reasonable terms as required under subsection (c) of this 132
178	178	section; 133
179	179	(2) Alter the terms of any arrangement described in subparagraph (A) 134
180	180	of subdivision (1) of subsection (b) of this section, including, but not 135
181	181	limited to, any arrangement between an authorized repair provider and 136
182	182	an original equipment manufacturer that calls for the authorized repair 137
183	183	provider to perform any repair on behalf of the original equipment 138
184	184	manufacturer pursuant to a warranty or following a recall, that is in 139
185	185	effect on October 1, 2022, except that any provision in such an 140 Raised Bill No. 121
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189	189	LCO No. 1275 6 of 6
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191	191	arrangement that purports to avoid, limit, restrict or waive the original 141
192	192	equipment manufacturer's obligation to comply with the provisions of 142
193	193	this section shall be void and unenforceable; or 143
194	194	(3) Apply to any person acting in such person's capacity as a motor 144
195	195	vehicle equipment manufacturer, motor vehicle manufacturer or new 145
196	196	motor vehicle dealer. 146
197	197	(e) Any violation of this section by an original equipment 147
198	198	manufacturer shall be deemed an unfair or deceptive trade practice 148
199	199	under subsection (a) of section 42-110b of the general statutes. 149
200	200	This act shall take effect as follows and shall amend the following
201	201	sections:
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203	203	Section 1 October 1, 2022 New section
204	204
205	205	Statement of Purpose:
206	206	To require original equipment manufacturers of digital electronic
207	207	equipment to provide the owners of such equipment and independent
208	208	repair providers with an opportunity to diagnose, maintain or repair
209	209	such equipment on terms that are similar to the terms that original
210	210	equipment manufacturers provide to authorized repair providers.
211	211	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
212	212	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
213	213	underlined.]
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