Illinois 2023-2024 Regular Session

Illinois House Bill HB3602 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3602 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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 28528 SPS 54909 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3602 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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 28528 SPS 54909 b LRB103 28528 SPS 54909 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3602 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
4	4	New Act
5	5	815 ILCS 505/2BBBB new
6	6	Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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.
7	7	LRB103 28528 SPS 54909 b LRB103 28528 SPS 54909 b
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9	9	A BILL FOR
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12	12	1 AN ACT concerning business.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Powered Wheelchair Right to Repair Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Authorized repair provider" means an individual or
19	19	8 business who has an arrangement with the original equipment
20	20	9 manufacturer under which the original equipment manufacturer
21	21	10 grants to the individual or business a license to use a trade
22	22	11 name, service mark, or other proprietary identifier for the
23	23	12 purposes of offering the services of diagnosis, maintenance,
24	24	13 or repair of a powered wheelchair under the name of the
25	25	14 original equipment manufacturer, or other arrangement with the
26	26	15 original equipment manufacturer to offer such services on
27	27	16 behalf of the original equipment manufacturer. An original
28	28	17 equipment manufacturer who offers the services of diagnosis,
29	29	18 maintenance, or repair of its own powered wheelchair, and who
30	30	19 does not have an arrangement with an unaffiliated individual
31	31	20 or business, shall be considered an authorized repair provider
32	32	21 with respect to powered wheelchairs.
33	33	22 "Documentation" means any manual, diagram, reporting
34	34	23 output, service code description, schematic diagram, security
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3602 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
39	39	New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
40	40	New Act
41	41	815 ILCS 505/2BBBB new
42	42	Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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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45	45	A BILL FOR
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51	51	New Act
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71	71	1 codes, passwords, or other guidance or information used in
72	72	2 effecting the services of diagnosis, maintenance, or repair of
73	73	3 a powered wheelchair.
74	74	4 "Fair and reasonable terms" means making available parts,
75	75	5 tools, or documentation as follows:
76	76	6 (1) that documentation is made available by the
77	77	7 original equipment manufacturer at no charge, except that,
78	78	8 when the documentation is requested in physical printed
79	79	9 form, a charge may be included for the reasonable, actual
80	80	10 costs of preparing and sending the copy;
81	81	11 (2) that tools are made available by the original
82	82	12 equipment manufacturer at no charge and without requiring
83	83	13 authorization or internet access for use or operation of
84	84	14 the tool, or imposing impediments to access or use of the
85	85	15 tools to diagnose, maintain, or repair and enable full
86	86	16 functionality of digital electronic equipment, or in a
87	87	17 manner that impairs the efficient and cost-effective
88	88	18 performance of any such diagnosis, maintenance, or repair,
89	89	19 except that, when the tool is requested in physical form,
90	90	20 a charge may be included for the reasonable, actual costs
91	91	21 of preparing and sending the tool; and
92	92	22 (3) that parts are made available by the original
93	93	23 equipment manufacturer, either directly or through an
94	94	24 authorized repair provider, to independents repair
95	95	25 providers and owners at costs and terms that are
96	96	26 equivalent to the most favorable costs and terms under
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107	107	1 which an original equipment manufacturer offers the parts
108	108	2 to an authorized repair provider and that:
109	109	3 (A) accounts for any discount, rebate, convenient
110	110	4 and timely means of delivery, means of enabling fully
111	111	5 restored and updated functionality, rights of use, or
112	112	6 other incentive and preference the original
113	113	7 manufacturer offers to an authorized repair provider,
114	114	8 or any additional cost, burden, or impediment the
115	115	9 original equipment manufacturer imposes on an owner or
116	116	10 independent repair provider;
117	117	11 (B) is not conditioned on or imposing a
118	118	12 substantial obligation or restriction that is not
119	119	13 reasonably necessary for enabling the owner or
120	120	14 independent repair provider to engage in the
121	121	15 diagnosis, maintenance, or repair of equipment made by
122	122	16 or on behalf of the original equipment manufacturer;
123	123	17 and
124	124	18 (C) is not conditioned on an arrangement with the
125	125	19 original equipment manufacturer.
126	126	20 "Independent repair provider" means an individual or
127	127	21 business operating in this State that is unaffiliated with an
128	128	22 original equipment manufacturer that is engaged in the
129	129	23 services of diagnosis, maintenance, or repair of powered
130	130	24 wheelchairs.
131	131	25 "Original equipment manufacturer" means a business engaged
132	132	26 in the business of selling, leasing, or otherwise supplying
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143	143	1 new powered wheelchairs manufactured by, or on behalf of,
144	144	2 itself, to any individual or business.
145	145	3 "Owner" means an individual or business who owns or leases
146	146	4 a powered wheelchair purchased or used in this State.
147	147	5 "Part" means any replacement part, either new or used,
148	148	6 made available by an original equipment manufacturer for
149	149	7 purposes of effecting the services of maintenance or repair of
150	150	8 a powered wheelchair manufactured by or on behalf of, sold, or
151	151	9 otherwise supplied by the original equipment manufacturer.
152	152	10 "Powered wheelchair" means a motorized wheeled device
153	153	11 designed for use by a person with a physical disability.
154	154	12 "Tools" means any software program, hardware implement, or
155	155	13 other apparatus used for diagnosis, maintenance, or repair of
156	156	14 a powered wheelchair, including software or other mechanisms
157	157	15 that provision, program, or pair a new part, calibrate
158	158	16 functionality, or perform any other function required to bring
159	159	17 the product back to fully functional condition, including any
160	160	18 updates.
161	161	19 "Trade secret" has the meaning given to that term in
162	162	20 subsection (d) of Section 2 of the Illinois Trade Secrets Act.
163	163	21 Section 10. Requirements.
164	164	22 (a) For powered wheelchairs and parts for powered
165	165	23 wheelchairs that are sold or used in this State, an original
166	166	24 equipment manufacturer shall make available to any independent
167	167	25 repair provider and owner of a powered wheelchair manufactured
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178	178	1 by on behalf of, or sold by such original equipment
179	179	2 manufacturer, on fair and reasonable terms, any documentation,
180	180	3 parts, and tools, required for the diagnosis, maintenance, or
181	181	4 repair of such a powered wheelchair and parts for the powered
182	182	5 wheelchair, inclusive of any updates to information. The
183	183	6 documentation parts and tools shall be made available either
184	184	7 directly by the original equipment manufacturer or via an
185	185	8 authorized repair provider.
186	186	9 (b) For equipment that contains an electronic security
187	187	10 lock or other security-related function, the original
188	188	11 equipment manufacturer shall make available to any owner and
189	189	12 independent repair provider, on fair and reasonable terms, any
190	190	13 special documentation, tools, and parts needed to access and
191	191	14 reset the lock or function when disabled in the course of
192	192	15 diagnosis, maintenance, or repair of the powered wheelchair.
193	193	16 The documentation, tools, and parts may be made available
194	194	17 through appropriate secure release systems.
195	195	18 Section 15. Enforcement by Attorney General. A violation
196	196	19 of any of the provisions of this Act is an unlawful practice
197	197	20 under the Consumer Fraud and Deceptive Business Practices Act.
198	198	21 All remedies, penalties, and authority granted to the Attorney
199	199	22 General by that Act shall be available to him or her for the
200	200	23 enforcement of this Act.
201	201	24 Section 20. Limitations.
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212	212	1 (a) Nothing in this Act shall require an original
213	213	2 equipment manufacturer to divulge any trade secret to any
214	214	3 owner or independent service provider.
215	215	4 (b) Nothing in this Act shall to alter the terms of any
216	216	5 arrangement in force between an authorized repair provider and
217	217	6 an original equipment manufacturer, including, but not limited
218	218	7 to, the performance or provision of warranty or recall repair
219	219	8 work by an authorized repair provider on behalf of an original
220	220	9 equipment manufacturer and pursuant to such arrangement,
221	221	10 except that any provision in the terms that purports to waive,
222	222	11 avoid, restrict or limit the original equipment manufacturer's
223	223	12 obligations to comply with this Act shall be void and
224	224	13 unenforceable.
225	225	14 (c) No original equipment manufacturer or authorized
226	226	15 repair provider shall be liable for any damage or injury
227	227	16 caused to any powered wheelchair by an independent repair
228	228	17 provider or owner which occurs during the course of repair,
229	229	18 diagnosis, or maintenance.
230	230	19 Section 25. Applicability. This Act applies with respect
231	231	20 to powered wheelchairs sold or in use on or after the effective
232	232	21 date of this Act.
233	233	22 Section 90. The Consumer Fraud and Deceptive Business
234	234	23 Practices Act is amended by adding Section 2BBBB as follows:
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245	245	1 (815 ILCS 505/2BBBB new)
246	246	2 Sec. 2BBBB. Violations of the Powered Wheelchair Right to
247	247	3 Repair Act. A person who violates the Powered Wheelchair
248	248	4 Right to Repair Act commits an unlawful practice within the
249	249	5 meaning of this Act.
250	250	6 Section 99. Effective date. This Act takes effect January
251	251	7 1, 2024.
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