Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2680 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2680 Introduced 1/10/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025. LRB103 34281 SPS 64107 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2680 Introduced 1/10/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act New Act Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025. LRB103 34281 SPS 64107 b LRB103 34281 SPS 64107 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2680 Introduced 1/10/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025.
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11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Right
15	15	5 to Repair Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Antenna" includes, but is not limited to, a resonant
18	18	8 device designed especially for the purpose of capturing
19	19	9 electromagnetic energy transmitted by direct satellite or
20	20	10 commercial radio or television broadcasting facilities. An
21	21	11 antenna and its associated accessories are not deemed to be a
22	22	12 part of an electronic set and shall be considered to be located
23	23	13 outside or in the attic of a residence.
24	24	14 "Appliance" or "major home appliance" includes, but is not
25	25	15 limited to, any refrigerator, freezer, range, microwave oven,
26	26	16 washer, dryer, dishwasher, trash compactor, or room
27	27	17 air-conditioner normally used or sold for personal, family,
28	28	18 household, or home office use, or for use in private motor
29	29	19 vehicles.
30	30	20 "Authorized repair provider" means an individual or
31	31	21 business who is unaffiliated with a manufacturer and who has
32	32	22 an arrangement with the manufacturer under which the
33	33	23 manufacturer grants to the individual or business a license to
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2680 Introduced 1/10/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025.
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43	43	A BILL FOR
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68	68	1 use a trade name, service mark, or other proprietary
69	69	2 identifier to offer the service of diagnosis, maintenance, or
70	70	3 repair services for electronic or appliance products under the
71	71	4 name of the manufacturer, or other arrangement with the
72	72	5 manufacturer to offer diagnostic, maintenance, or repair
73	73	6 services for electronic or appliance products on behalf of the
74	74	7 manufacturer. A manufacturer who offers the service of
75	75	8 diagnosis, maintenance, or repair services for the
76	76	9 manufacturer's electronic or appliance products is considered
77	77	10 an authorized repair provider with respect to the electronic
78	78	11 or appliance products if the manufacturer does not have an
79	79	12 arrangement with an unaffiliated individual or business.
80	80	13 "Documentation" means manual, diagram, reporting output,
81	81	14 service code description, schematic, or similar information
82	82	15 that is provided by a manufacturer to an authorized repair
83	83	16 provider, or that is for use by the manufacturer if the
84	84	17 manufacturer does not have any authorized repair providers,
85	85	18 for purposes of effecting the services of diagnosis,
86	86	19 maintenance, or repair of the electronic or appliance product.
87	87	20 "Electronic or appliance product" or "product" means a
88	88	21 product manufactured for the first time and first sold or used
89	89	22 in Illinois on or after July 1, 2021, for which the
90	90	23 manufacturer makes available tools, parts, and documentation
91	91	24 to authorized repair providers, and includes products that are
92	92	25 sold to schools, businesses, local governments, or in other
93	93	26 methods outside of direct retail sale. "Electronic or
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104	104	1 appliance product" or "product" includes an electronic set,
105	105	2 appliance or major home appliance, antenna, or rotator.
106	106	3 "Electronic or appliance product" or "product" does not
107	107	4 include a product or component of an alarm system, including a
108	108	5 fire protection system, or a video game console.
109	109	6 "Electronic set" includes, but is not limited to, any
110	110	7 television, radio, audio or video recorder or playback
111	111	8 equipment, video camera, video game, video monitor, computer
112	112	9 system, photocopier, or facsimile machine normally used or
113	113	10 sold for personal, family, household, or home office use.
114	114	11 "Fair and reasonable terms" means making available parts,
115	115	12 tools, or documentation as follows:
116	116	13 (1) that terms are equivalent to the most favorable
117	117	14 costs and terms under which the manufacturer offers the
118	118	15 part, tool, or documentation to an authorized repair
119	119	16 provider, accounting for any discount, rebate, convenient
120	120	17 and timely means of delivery, means of enabling fully
121	121	18 restored and updated functionality, rights of use, or
122	122	19 other incentive or preference the manufacturer offers to
123	123	20 an authorized repair provider;
124	124	21 (2) that documentation, including any relevant
125	125	22 updates, is made available at no charge, except that, when
126	126	23 the documentation is requested in physical printed form, a
127	127	24 charge may be included for the reasonable actual costs of
128	128	25 preparing and sending the copy; and
129	129	26 (3) that the tools are made available by the
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140	140	1 manufacturer at no charge and without imposing impediments
141	141	2 to access or use of the tools to diagnose, maintain, or
142	142	3 repair and enable full functionality of the product, or in
143	143	4 a manner that impairs the efficient and cost-effective
144	144	5 performance of any such diagnosis, maintenance, or repair,
145	145	6 except that, when a tool is requested in physical form, a
146	146	7 charge may be included for the reasonable, actual costs of
147	147	8 preparing and sending the tool.
148	148	9 If a manufacturer does not use an authorized repair
149	149	10 provider, "fair and reasonable terms" means at a price that
150	150	11 reflects the actual cost to the manufacturer to prepare and
151	151	12 deliver the part, tool, or documentation, exclusive of any
152	152	13 research and development costs incurred.
153	153	14 "Part" means any replacement part or assembly of parts,
154	154	15 either new or used, made available by a manufacturer of an
155	155	16 electronic or appliance product to an authorized repair
156	156	17 provider to facilitate the maintenance or repair of a product
157	157	18 sold by the manufacturer.
158	158	19 "Rotator" includes, but is not limited to, when used in
159	159	20 connection with an antenna installation or repair, an
160	160	21 electromechanical device operated from a remote location to
161	161	22 rotate an antenna on a horizontal plane. A rotator and its
162	162	23 associated accessories are not deemed to be a part of an
163	163	24 electronic set and shall be considered, with the exception of
164	164	25 the directional control unit, to be located outside or in the
165	165	26 attic of a residence.
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176	176	1 "Service dealer" means a person who, for compensation,
177	177	2 engages in, or holds himself or herself out to the public as
178	178	3 offering services in the business of:
179	179	4 (1) repairing, servicing, or maintaining an electronic
180	180	5 set normally used or sold for personal, family, household,
181	181	6 or home office use;
182	182	7 (2) installing, repairing, servicing, or maintaining
183	183	8 equipment or a burglar alarm system for use in private
184	184	9 motor vehicles;
185	185	10 (3) installing, repairing, servicing, or maintaining
186	186	11 television or radio receiver antennas, rotators, and
187	187	12 accessories or direct satellite signal receiving equipment
188	188	13 located on or adjacent to a residence; or
189	189	14 (4) repairing, servicing, or maintaining major
190	190	15 appliances.
191	191	16 "Tool" means any software program, hardware implement, or
192	192	17 other apparatus made available by a manufacturer of an
193	193	18 electronic or appliance product to an authorized repair
194	194	19 provider for the diagnosis, maintenance, or repair of the
195	195	20 product, including software or other mechanisms that
196	196	21 provision, program, pair apart, provide or calibrate
197	197	22 functionality, or perform any other function required to
198	198	23 repair the product or part back to fully functional condition,
199	199	24 including any updates.
200	200	25 "Trade secret" has the meaning given to that term in
201	201	26 subsection (d) of Section 2 of the Illinois Trade Secrets Act.
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212	212	1 "Video game console" means a computing device, including
213	213	2 its components and peripherals, that is primarily used by
214	214	3 consumers for playing video games, such as a console machine,
215	215	4 a handheld console device, or another device or system. "Video
216	216	5 game console" does not include a general or an all-purpose
217	217	6 computer, which includes, but is not limited to, a desktop
218	218	7 computer, laptop, tablet, or cell phone.
219	219	8 Section 10. Right to repair.
220	220	9 (a) Notwithstanding any other law, every manufacturer of
221	221	10 an electronic or appliance product with a wholesale price or
222	222	11 direct sales price of more than $50 and less than $100 shall
223	223	12 make service and repair facilities available to owners of the
224	224	13 product. The manufacturer shall make available to service and
225	225	14 repair facilities and service dealers sufficient documentation
226	226	15 and functional parts and tools, inclusive of any updates, on
227	227	16 fair and reasonable terms, to effect the diagnosis,
228	228	17 maintenance, or repair of a product for at least 3 years after
229	229	18 the last date a product model or type was manufactured,
230	230	19 regardless of whether the 3-year period exceeds the warranty
231	231	20 period for the product.
232	232	21 (b) Notwithstanding any other law, every manufacturer of
233	233	22 an electronic or appliance product with a wholesale price or
234	234	23 direct sales price of $100 or more shall make service and
235	235	24 repair facilities available to owners of the product. The
236	236	25 manufacturer shall make available to service and repair
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247	247	1 facilities and service dealers sufficient documentation and
248	248	2 functional parts and tools, inclusive of any updates, on fair
249	249	3 and reasonable terms, to effect the diagnosis, maintenance, or
250	250	4 repair of a product for at least 7 years after the last date a
251	251	5 product model or type was manufactured, regardless of whether
252	252	6 the 7-year period exceeds the warranty period for the product.
253	253	7 (c) A service and repair facility or service dealer that
254	254	8 is not an authorized repair provider of a manufacturer shall
255	255	9 provide a written notice to any customer seeking repair of an
256	256	10 electronic or appliance product before the repair facility or
257	257	11 service dealer repairs the product that informs the customer
258	258	12 that it is not an authorized repair provider for the product
259	259	13 and shall disclose if it uses any used replacement parts or
260	260	14 replacement parts provided by a supplier other than the
261	261	15 manufacturer of the product.
262	262	16 (d) No manufacturer or authorized repair provider shall be
263	263	17 liable for any damage or injury caused to any electronic or
264	264	18 appliance product, person, or property that occurs as a result
265	265	19 of repair, diagnosis, maintenance, or modification performed
266	266	20 by a service dealer or owner, including, but not limited to,
267	267	21 any of the following:
268	268	22 (1) any indirect, incidental, special, or
269	269	23 consequential damages;
270	270	24 (2) any loss of data, privacy, or profits; and
271	271	25 (3) any inability to use or reduced functionality of
272	272	26 the electronic or appliance product.
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283	283	1 This subsection does not apply to a design defect or
284	284	2 manufacturing flaw that existed prior to, or independent of,
285	285	3 the repair, diagnosis, maintenance, or modification performed
286	286	4 pursuant to this Section.
287	287	5 (e) If a manufacturer is considered an authorized repair
288	288	6 provider, this Section shall not require the manufacturer to
289	289	7 make available either of the following:
290	290	8 (1) documentation or tools that the manufacturer
291	291	9 itself uses only to perform, at no cost, diagnostic
292	292	10 services through telephone, Internet, chat, email, or
293	293	11 other similar means that do not involve the manufacturer
294	294	12 physically handling the customer's electronic or appliance
295	295	13 product, unless the manufacturer also makes the
296	296	14 documentation or tools available to an individual or
297	297	15 business that is unaffiliated with the manufacturer; or
298	298	16 (2) documentation or tools used exclusively for
299	299	17 repairs completed by machines that operate on several
300	300	18 electronic or appliance products simultaneously, if the
301	301	19 manufacturer makes available to owners of the product,
302	302	20 service and repair facilities, and service dealers
303	303	21 sufficient alternative documentation and tools to effect
304	304	22 the diagnosis, maintenance, or repair of the electronic or
305	305	23 appliance product.
306	306	24 (f) This Section does not apply to a manufacturer that
307	307	25 provides an equivalent or better, readily available
308	308	26 replacement electronic or appliance product at no charge to
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319	319	1 the customer.
320	320	2 (g) Nothing in this Section shall require a manufacturer:
321	321	3 (1) to divulge a trade secret or license any
322	322	4 intellectual property, including copyrights or patents;
323	323	5 (2) to distribute a product's source code;
324	324	6 (3) to make available special documentation, tools,
325	325	7 and parts that would disable or override antitheft
326	326	8 security measures set by the owner of the product without
327	327	9 the owner's authorization; or
328	328	10 (4) to sell service parts if the service parts are no
329	329	11 longer provided by the manufacturer or made available to
330	330	12 an authorized repair provider.
331	331	13 Section 15. Violations.
332	332	14 (a) A unit of local government or the State may bring an
333	333	15 action in circuit court to impose civil liability on a person
334	334	16 or entity that knowingly violates this Act, or reasonably
335	335	17 should have known that it violated this Act, in the amount of
336	336	18 $1,000 per day for the first violation of this Act, $2,000 per
337	337	19 day for the second violation, and $5,000 per day for the third
338	338	20 and subsequent violations. Any action described in this
339	339	21 subsection shall be commenced within 3 years after the date of
340	340	22 the alleged violation.
341	341	23 (b) Any civil penalties collected under subsection (a)
342	342	24 shall be paid to the office of the unit of local government or
343	343	25 the Attorney General, whichever brought the action.
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