IL
Illinois House Bill HB3601

Illinois 2023-2024 Regular Session

Illinois House Bill HB3601 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 HB3601 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new Creates the Educational Technology Right to Repair Act. Provides that, for educational technology equipment and parts for educational technology 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 educational technology 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 educational technology equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of educational technology 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 28339 SPS 54718 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3601 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new Creates the Educational Technology Right to Repair Act. Provides that, for educational technology equipment and parts for educational technology 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 educational technology 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 educational technology equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of educational technology 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 28339 SPS 54718 b LRB103 28339 SPS 54718 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3601 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
33 New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
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66 Creates the Educational Technology Right to Repair Act. Provides that, for educational technology equipment and parts for educational technology 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 educational technology 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 educational technology equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of educational technology 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 Educational Technology 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 educational technology equipment under the name
2525 14 of the original equipment manufacturer, or other arrangement
2626 15 with the original equipment manufacturer to offer such
2727 16 services on behalf of the original equipment manufacturer. An
2828 17 original equipment manufacturer who offers the services of
2929 18 diagnosis, maintenance, or repair of its own educational
3030 19 technology equipment, and who does not have an arrangement
3131 20 with an unaffiliated individual or business, shall be
3232 21 considered an authorized repair provider with respect to
3333 22 educational technology equipment.
3434 23 "Documentation" means any manual, diagram, reporting
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3601 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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4242 Creates the Educational Technology Right to Repair Act. Provides that, for educational technology equipment and parts for educational technology 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 educational technology 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 educational technology equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of educational technology 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 output, service code description, schematic diagram, security
7272 2 codes, passwords, or other guidance or information used in
7373 3 effecting the services of diagnosis, maintenance, or repair of
7474 4 educational technology equipment.
7575 5 "Educational technology equipment" means any
7676 6 self-contained portable personal computer, including
7777 7 accessories or attachments that come as standard equipment
7878 8 with the computer, purchased by a publicly-funded school and
7979 9 used by students at home or in the classroom. "Educational
8080 10 technology equipment" does not include devices that are sold
8181 11 through a retail seller or under a specific
8282 12 business-to-business contract.
8383 13 "Fair and reasonable terms" means making available parts,
8484 14 tools, or documentation as follows:
8585 15 (1) that documentation is made available by the
8686 16 original equipment manufacturer at no charge, except that,
8787 17 when the documentation is requested in physical printed
8888 18 form, a charge may be included for the reasonable, actual
8989 19 costs of preparing and sending the copy;
9090 20 (2) that tools are made available by the original
9191 21 equipment manufacturer at no charge and without requiring
9292 22 authorization or internet access for use or operation of
9393 23 the tool, or imposing impediments to access or use of the
9494 24 tools to diagnose, maintain, or repair and enable full
9595 25 functionality of digital electronic equipment, or in a
9696 26 manner that impairs the efficient and cost-effective
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107107 1 performance of any the diagnosis, maintenance, or repair,
108108 2 except that, when the tool is requested in physical form,
109109 3 a charge may be included for the reasonable, actual costs
110110 4 of preparing and sending the tool; and
111111 5 (3) that parts are made available by the original
112112 6 equipment manufacturer, either directly or through an
113113 7 authorized repair provider, to independents repair
114114 8 providers and owners at costs and terms that are
115115 9 equivalent to the most favorable costs and terms under
116116 10 which an original equipment manufacturer offers the parts
117117 11 to an authorized repair provider and that:
118118 12 (A) accounts for any discount, rebate, convenient
119119 13 and timely means of delivery, means of enabling fully
120120 14 restored and updated functionality, rights of use, or
121121 15 other incentive and preference the original
122122 16 manufacturer offers to an authorized repair provider,
123123 17 or any additional cost, burden, or impediment the
124124 18 original equipment manufacturer imposes on an owner or
125125 19 independent repair provider;
126126 20 (B) is not conditioned on or imposing a
127127 21 substantial obligation or restriction that is not
128128 22 reasonably necessary for enabling the owner or
129129 23 independent repair provider to engage in the
130130 24 diagnosis, maintenance, or repair of equipment made by
131131 25 or on behalf of the original equipment manufacturer;
132132 26 and
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143143 1 (C) is not conditioned on an arrangement with the
144144 2 original equipment manufacturer.
145145 3 "Independent repair provider" means an individual or
146146 4 business operating in this State that is unaffiliated with an
147147 5 original equipment manufacturer that is engaged in the
148148 6 services of diagnosis, maintenance, or repair of educational
149149 7 technology equipment.
150150 8 "Necessary software updates" means security updates to
151151 9 patch exploits that, if left unaddressed, leave the user
152152 10 vulnerable to cyber crime, bug fixes, patches, corrections, or
153153 11 other modifications to Software which do not necessarily add
154154 12 enhanced features or performance characteristics released by
155155 13 the original equipment manufacturer or operating system
156156 14 developer.
157157 15 "Original equipment manufacturer" means a business engaged
158158 16 in the business of selling, leasing, or otherwise supplying
159159 17 new educational technology equipment manufactured by or on
160160 18 behalf of itself, to any individual or business.
161161 19 "Operating system" means a program that acts as the
162162 20 interface between educational technology equipment's hardware
163163 21 and its software, managing the resources of the equipment and
164164 22 providing common services for computer programs.
165165 23 "Operating system developer" means a business engaged in
166166 24 the business of selling, leasing, licensing, or otherwise
167167 25 supplying operating system executable code, embedded software,
168168 26 or firmware for use by educational technology equipment by or
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179179 1 on behalf of itself, to any individual or business.
180180 2 "Part" means any replacement part, either new or used,
181181 3 made available by an original equipment manufacturer for
182182 4 purposes of effecting the services of maintenance or repair of
183183 5 educational technology equipment manufactured by or on behalf
184184 6 of, sold, or otherwise supplied by the original equipment
185185 7 manufacturer.
186186 8 "School" means an elementary or secondary school or
187187 9 another entity which owns or leases educational technology
188188 10 equipment for use by students in such an institution. It
189189 11 includes personnel who manage and service educational
190190 12 technology equipment in their official capacity at a school,
191191 13 including, but not limited to, information technology
192192 14 professionals and technology specialists.
193193 15 "Tools" means any software program, hardware implement, or
194194 16 other apparatus used for diagnosis, maintenance, or repair of
195195 17 educational technology equipment, including software or other
196196 18 mechanisms that provision, program, or pair a new part,
197197 19 calibrate functionality, or perform any other function
198198 20 required to bring the product back to fully functional
199199 21 condition, including any updates.
200200 22 "Trade secret" has the meaning given to that term in
201201 23 subsection (d) of Section 2 of the Illinois Trade Secrets Act.
202202 24 Section 10. Requirements.
203203 25 (a) For educational technology equipment and parts for
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214214 1 educational technology equipment that are sold or used in this
215215 2 State, an original equipment manufacturer shall make available
216216 3 to any independent repair provider and owner of educational
217217 4 technology equipment manufactured by on behalf of, or sold by
218218 5 such original equipment manufacturer, on fair and reasonable
219219 6 terms, any documentation, parts, and tools, required for the
220220 7 diagnosis, maintenance, or repair of educational technology
221221 8 equipment and parts for educational technology equipment,
222222 9 inclusive of any updates to information. The documentation
223223 10 parts and tools shall be made available either directly by the
224224 11 original equipment manufacturer or via an authorized repair
225225 12 provider.
226226 13 (b) For equipment that contains an electronic security
227227 14 lock or other security-related function, the original
228228 15 equipment manufacturer shall make available to any owner and
229229 16 independent repair provider, on fair and reasonable terms, any
230230 17 special documentation, tools, and parts needed to access and
231231 18 reset the lock or function when disabled in the course of
232232 19 diagnosis, maintenance, or repair of educational technology
233233 20 equipment. The documentation, tools, and parts may be made
234234 21 available through appropriate secure release systems.
235235 22 (c) For educational technology equipment sold or used in
236236 23 this State, an original equipment manufacturer shall provide
237237 24 functional parts to effect the repair of equipment for at
238238 25 least 10 years after the date a product model or type was
239239 26 manufactured.
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250250 1 (d) For educational technology equipment sold or used in
251251 2 this State, an original equipment manufacturer operating
252252 3 system developer shall provide necessary software updates of
253253 4 equipment for at least 10 years after the date a product model
254254 5 or type was manufactured.
255255 6 Section 15. Enforcement by Attorney General. A violation
256256 7 of any of the provisions of this Act is an unlawful practice
257257 8 under the Consumer Fraud and Deceptive Business Practices Act.
258258 9 All remedies, penalties, and authority granted to the Attorney
259259 10 General by that Act shall be available to him or her for the
260260 11 enforcement of this Act.
261261 12 Section 20. Limitations.
262262 13 (a) Nothing in this Act shall require an original
263263 14 equipment manufacturer to divulge any trade secret to any
264264 15 owner or independent service provider.
265265 16 (b) Nothing in this Act shall alter the terms of any
266266 17 arrangement in force between an authorized repair provider and
267267 18 an original equipment manufacturer, including, but not limited
268268 19 to, the performance or provision of warranty or recall repair
269269 20 work by an authorized repair provider on behalf of an original
270270 21 equipment manufacturer and pursuant to such arrangement,
271271 22 except that any provision in the terms that purports to waive,
272272 23 avoid, restrict or limit the original equipment manufacturer's
273273 24 obligations to comply with this Act shall be void and
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284284 1 unenforceable.
285285 2 (c) No original equipment manufacturer or authorized
286286 3 repair provider shall be liable for any damage or injury
287287 4 caused to any educational technology equipment by an
288288 5 independent repair provider or owner which occurs during the
289289 6 course of repair, diagnosis, or maintenance.
290290 7 Section 25. Exclusions. Nothing in this Act shall apply to
291291 8 any smartphones, tablets without an attached keyboard, or
292292 9 similar devices.
293293 10 Section 30. Applicability. This Act applies with respect
294294 11 to equipment sold or in use on or after the effective date of
295295 12 this Act.
296296 13 Section 90. The Consumer Fraud and Deceptive Business
297297 14 Practices Act is amended by adding Section 2BBBB as follows:
298298 15 (815 ILCS 505/2BBBB new)
299299 16 Sec. 2BBBB. Violations of the Educational Technology Right
300300 17 to Repair Act. A person who violates the Educational
301301 18 Technology Right to Repair Act commits an unlawful practice
302302 19 within the meaning of this Act.
303303 20 Section 99. Effective date. This Act takes effect January
304304 21 1, 2024.
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