IL
Illinois House Bill HB3593

Illinois 2023-2024 Regular Session

Illinois House Bill HB3593 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3593 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024. LRB103 28492 SPS 54873 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3593 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024. LRB103 28492 SPS 54873 b LRB103 28492 SPS 54873 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3593 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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66 Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024.
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1212 1 AN ACT concerning business.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the
1616 5 Digital Electronic Equipment Right to Repair Act.
1717 6 Section 5. Definitions. As used in this Act:
1818 7 "Authorized repair provider" means an individual or
1919 8 business who has an arrangement with the original equipment
2020 9 manufacturer under which the original equipment manufacturer
2121 10 grants to the individual or business a license to use a trade
2222 11 name, service mark, or other proprietary identifier for the
2323 12 purposes of offering the services of diagnosis, maintenance,
2424 13 or repair of digital electronic equipment under the name of
2525 14 the original equipment manufacturer, or other arrangement with
2626 15 the original equipment manufacturer to offer such services on
2727 16 behalf of the original equipment manufacturer. An original
2828 17 equipment manufacturer who offers the services of diagnosis,
2929 18 maintenance, or repair of its own digital electronic
3030 19 equipment, and who does not have an arrangement with an
3131 20 unaffiliated individual or business, shall be considered an
3232 21 authorized repair provider with respect to digital electronic
3333 22 equipment.
3434 23 "Digital electronic equipment" or "equipment" means any
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3593 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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4242 Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024.
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7171 1 product that depends for its functioning, in whole or in part,
7272 2 on digital electronics embedded in or attached to the product.
7373 3 "Documentation" means any manual, diagram, reporting
7474 4 output, service code description, schematic diagram, security
7575 5 codes, passwords, or other guidance or information used in
7676 6 effecting the services of diagnosis, maintenance, or repair of
7777 7 digital electronic equipment.
7878 8 "Fair and reasonable terms" means making available parts,
7979 9 tools, or documentation as follows:
8080 10 (1) that documentation is made available by the
8181 11 original equipment manufacturer at no charge, except that,
8282 12 when the documentation is requested in physical printed
8383 13 form, a charge may be included for the reasonable, actual
8484 14 costs of preparing and sending the copy;
8585 15 (2) that tools are made available by the original
8686 16 equipment manufacturer at no charge and without requiring
8787 17 authorization or internet access for use or operation of
8888 18 the tool, or imposing impediments to access or use of the
8989 19 tools to diagnose, maintain, or repair and enable full
9090 20 functionality of digital electronic equipment, or in a
9191 21 manner that impairs the efficient and cost-effective
9292 22 performance of any such diagnosis, maintenance, or repair,
9393 23 except that, when the tool is requested in physical form,
9494 24 a charge may be included for the reasonable, actual costs
9595 25 of preparing and sending the tool; and
9696 26 (3) that parts are made available by the original
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107107 1 equipment manufacturer, either directly or through an
108108 2 authorized repair provider, to independents repair
109109 3 providers and owners at costs and terms that are
110110 4 equivalent to the most favorable costs and terms under
111111 5 which an original equipment manufacturer offers the parts
112112 6 to an authorized repair provider and that:
113113 7 (A) accounts for any discount, rebate, convenient
114114 8 and timely means of delivery, means of enabling fully
115115 9 restored and updated functionality, rights of use, or
116116 10 other incentive and preference the original
117117 11 manufacturer offers to an authorized repair provider,
118118 12 or any additional cost, burden, or impediment the
119119 13 original equipment manufacturer imposes on an owner or
120120 14 independent repair provider;
121121 15 (B) is not conditioned on or imposing a
122122 16 substantial obligation or restriction that is not
123123 17 reasonably necessary for enabling the owner or
124124 18 independent repair provider to engage in the
125125 19 diagnosis, maintenance, or repair of equipment made by
126126 20 or on behalf of the original equipment manufacturer;
127127 21 and
128128 22 (C) is not conditioned on an arrangement with the
129129 23 original equipment manufacturer.
130130 24 "Independent repair provider" means an individual or
131131 25 business operating in this State that is unaffiliated with an
132132 26 original equipment manufacturer that is engaged in the
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143143 1 services of diagnosis, maintenance, or repair of digital
144144 2 electronic equipment.
145145 3 "Medical device" means an instrument, apparatus,
146146 4 implement, machine, contrivance, implant, or other similar or
147147 5 related article, including a component part, or accessory,
148148 6 with a primary purpose (i) for use in the diagnosis of disease
149149 7 or other conditions, or in the cure, mitigation, treatment, or
150150 8 prevention of disease, or (ii) intended to affect the
151151 9 structure or any function of the body of man or other animals.
152152 10 "Motor vehicle" means a vehicle that is designed for
153153 11 transporting persons or property on a street or highway and is
154154 12 certified by the manufacturer under all applicable federal
155155 13 safety and emissions standards and requirements for
156156 14 distribution and sale in the United States.
157157 15 "Original equipment manufacturer" means a business engaged
158158 16 in the business of selling, leasing, or otherwise supplying
159159 17 new digital electronic equipment manufactured by, or on behalf
160160 18 of, itself, to any individual or business.
161161 19 "Owner" means an individual or business who owns or leases
162162 20 digital electronic equipment purchased or used in this state.
163163 21 "Part" means any replacement part, either new or used,
164164 22 made available by an original equipment manufacturer for
165165 23 purposes of effecting the services of maintenance or repair of
166166 24 digital electronic equipment manufactured by or on behalf of,
167167 25 sold, or otherwise supplied by the original equipment
168168 26 manufacturer.
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179179 1 "Tools" means any software program, hardware implement, or
180180 2 other apparatus used for diagnosis, maintenance, or repair of
181181 3 digital electronic equipment, including software or other
182182 4 mechanisms that provision, program, or pair a new part,
183183 5 calibrate functionality, or perform any other function
184184 6 required to bring the product back to fully functional
185185 7 condition, including any updates.
186186 8 "Trade secret" has the meaning given to that term in
187187 9 subsection (d) of Section 2 of the Illinois Trade Secrets Act.
188188 10 Section 10. Requirements.
189189 11 (a) For digital electronic equipment and parts for such
190190 12 equipment that are sold or used in this State, an original
191191 13 equipment manufacturer shall make available to any independent
192192 14 repair provider and owner of digital electronic equipment
193193 15 manufactured by on behalf of, or sold by such original
194194 16 equipment manufacturer, on fair and reasonable terms, any
195195 17 documentation, parts, and tools, required for the diagnosis,
196196 18 maintenance, or repair of the digital electronic equipment and
197197 19 parts for the digital electronic equipment, inclusive of any
198198 20 updates to information. The documentation parts and tools
199199 21 shall be made available either directly by the original
200200 22 equipment manufacturer or via an authorized repair provider.
201201 23 (b) For equipment that contains an electronic security
202202 24 lock or other security-related function, the original
203203 25 equipment manufacturer shall make available to any owner and
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214214 1 independent repair provider, on fair and reasonable terms, any
215215 2 special documentation, tools, and parts needed to access and
216216 3 reset the lock or function when disabled in the course of
217217 4 diagnosis, maintenance, or repair of the digital electronic
218218 5 equipment. The documentation, tools, and parts may be made
219219 6 available through appropriate secure release systems.
220220 7 Section 15. Enforcement by Attorney General. A violation
221221 8 of any of the provisions of this Act is an unlawful practice
222222 9 under the Consumer Fraud and Deceptive Business Practices Act.
223223 10 All remedies, penalties, and authority granted to the Attorney
224224 11 General by that Act shall be available to him or her for the
225225 12 enforcement of this Act.
226226 13 Section 20. Limitations.
227227 14 (a) Nothing in this Act shall require an original
228228 15 equipment manufacturer to divulge any trade secret to any
229229 16 owner or independent service provider.
230230 17 (b) Nothing in this Act shall alter the terms of any
231231 18 arrangement in force between an authorized repair provider and
232232 19 an original equipment manufacturer, including, but not limited
233233 20 to, the performance or provision of warranty or recall repair
234234 21 work by an authorized repair provider on behalf of an original
235235 22 equipment manufacturer and pursuant to such arrangement,
236236 23 except that any provision in such terms that purports to
237237 24 waive, avoid, restrict or limit the original equipment
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248248 1 manufacturer's obligations to comply with this Act shall be
249249 2 void and unenforceable.
250250 3 (c) No original equipment manufacturer or authorized
251251 4 repair provider shall be liable for any damage or injury
252252 5 caused to any digital electronic equipment by an independent
253253 6 repair provider or owner which occurs during the course of
254254 7 repair, diagnosis, or maintenance.
255255 8 Section 25. Exclusions.
256256 9 (a) Nothing in this Act shall apply to a manufacturer,
257257 10 distributor, importer or dealer of motor vehicles.
258258 11 (b) Nothing in this Act shall apply to a manufacturer,
259259 12 distributor, importer, or dealer of medical devices.
260260 13 (c) Nothing in this Act shall apply to a manufacturer,
261261 14 distributor, importer, or dealer of any off-road equipment,
262262 15 including, but not limited to, farm and utility tractors, farm
263263 16 implements, farm machinery, forestry equipment, industrial
264264 17 equipment, utility equipment, construction equipment, compact
265265 18 construction equipment, mining equipment, turf, yard and
266266 19 garden equipment, outdoor power equipment, including portable
267267 20 generators, marine, all-terrain sports and recreational
268268 21 vehicles, including racing vehicles, stand-alone or integrated
269269 22 stationary or mobile internal combustion engines, other power
270270 23 sources, including without limitation, generator sets,
271271 24 electric, battery, and fuel cell power, power tools, and any
272272 25 tools, technology, attachments, accessories, components, and
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283283 1 repair parts.
284284 2 Section 30. Applicability. This Act applies with respect
285285 3 to digital electronic equipment sold or in use on or after the
286286 4 effective date of this Act.
287287 5 Section 90. The Consumer Fraud and Deceptive Business
288288 6 Practices Act is amended by adding Section 2BBBB as follows:
289289 7 (815 ILCS 505/2BBBB new)
290290 8 Sec. 2BBBB. Violations of the Digital Electronic Equipment
291291 9 Right to Repair Act. A person who violates the Digital
292292 10 Electronic Equipment Right to Repair Act commits an unlawful
293293 11 practice within the meaning of this Act.
294294 12 Section 99. Effective date. This Act takes effect January
295295 13 1, 2024.
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