Illinois 2025-2026 Regular Session

Illinois House Bill HB3490 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3490 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2HHHH new Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex 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 complex 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 complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex 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 to make a conforming change. Effective January 1, 2024. LRB104 08706 SPS 18760 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3490 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2HHHH new New Act 815 ILCS 505/2HHHH new Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex 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 complex 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 complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex 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 to make a conforming change. Effective January 1, 2024. LRB104 08706 SPS 18760 b LRB104 08706 SPS 18760 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3490 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	New Act815 ILCS 505/2HHHH new New Act 815 ILCS 505/2HHHH new
4	4	New Act
5	5	815 ILCS 505/2HHHH new
6	6	Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex 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 complex 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 complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex 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 to make a conforming change. Effective January 1, 2024.
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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 Complex 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 complex 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 complex 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 complex wheelchairs.
33	33	22 "Complex wheelchair" means a manual wheelchair or a
34	34	23 power-driven wheelchair that can accommodate rehabilitative
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3490 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
39	39	New Act815 ILCS 505/2HHHH new New Act 815 ILCS 505/2HHHH new
40	40	New Act
41	41	815 ILCS 505/2HHHH new
42	42	Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex 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 complex 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 complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex 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 to make a conforming change. Effective January 1, 2024.
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45	45	A BILL FOR
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71	71	1 accessories and features. As used in this definition, a
72	72	2 power-driven wheelchair includes the following
73	73	3 classifications: (i) group 2 power wheelchair with power
74	74	4 options; (ii) group 3 power wheelchair; (iii) group 4 power
75	75	5 wheelchair; or (iv) group 5 power wheelchair.
76	76	6 "Documentation" means any manual, diagram, reporting
77	77	7 output, service code description, schematic diagram, security
78	78	8 codes, passwords, or other guidance or information used in
79	79	9 effecting the services of diagnosis, maintenance, or repair of
80	80	10 a complex wheelchair.
81	81	11 "Fair and reasonable terms" means making available parts,
82	82	12 tools, or documentation as follows:
83	83	13 (1) that documentation is made available by the
84	84	14 original equipment manufacturer at no charge, except that,
85	85	15 when the documentation is requested in physical printed
86	86	16 form, a charge may be included for the reasonable, actual
87	87	17 costs of preparing and sending the copy;
88	88	18 (2) that tools are made available by the original
89	89	19 equipment manufacturer at no charge and without requiring
90	90	20 authorization or internet access for use or operation of
91	91	21 the tool, or imposing impediments to access or use of the
92	92	22 tools to diagnose, maintain, or repair and enable full
93	93	23 functionality of digital electronic equipment, or in a
94	94	24 manner that impairs the efficient and cost-effective
95	95	25 performance of any such diagnosis, maintenance, or repair,
96	96	26 except that, when the tool is requested in physical form,
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107	107	1 a charge may be included for the reasonable, actual costs
108	108	2 of preparing and sending the tool; and
109	109	3 (3) that parts are made available by the original
110	110	4 equipment manufacturer, either directly or through an
111	111	5 authorized repair provider, to independents repair
112	112	6 providers and owners at costs and terms that are
113	113	7 equivalent to the most favorable costs and terms under
114	114	8 which an original equipment manufacturer offers the parts
115	115	9 to an authorized repair provider and that:
116	116	10 (A) accounts for any discount, rebate, convenient
117	117	11 and timely means of delivery, means of enabling fully
118	118	12 restored and updated functionality, rights of use, or
119	119	13 other incentive and preference the original
120	120	14 manufacturer offers to an authorized repair provider,
121	121	15 or any additional cost, burden, or impediment the
122	122	16 original equipment manufacturer imposes on an owner or
123	123	17 independent repair provider;
124	124	18 (B) is not conditioned on or imposing a
125	125	19 substantial obligation or restriction that is not
126	126	20 reasonably necessary for enabling the owner or
127	127	21 independent repair provider to engage in the
128	128	22 diagnosis, maintenance, or repair of equipment made by
129	129	23 or on behalf of the original equipment manufacturer;
130	130	24 and
131	131	25 (C) is not conditioned on an arrangement with the
132	132	26 original equipment manufacturer.
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143	143	1 "Independent repair provider" means an individual or
144	144	2 business operating in this State that is unaffiliated with an
145	145	3 original equipment manufacturer that is engaged in the
146	146	4 services of diagnosis, maintenance, or repair of complex
147	147	5 wheelchairs.
148	148	6 "Original equipment manufacturer" means a business engaged
149	149	7 in the business of selling, leasing, or otherwise supplying
150	150	8 new complex wheelchairs manufactured by, or on behalf of,
151	151	9 itself, to any individual or business.
152	152	10 "Owner" means an individual or business who owns or leases
153	153	11 a complex wheelchair purchased or used in this State.
154	154	12 "Part" means any replacement part, either new or used,
155	155	13 made available by an original equipment manufacturer for
156	156	14 purposes of effecting the services of maintenance or repair of
157	157	15 a complex wheelchair manufactured by or on behalf of, sold, or
158	158	16 otherwise supplied by the original equipment manufacturer.
159	159	17 "Tools" means any software program, hardware implement, or
160	160	18 other apparatus used for diagnosis, maintenance, or repair of
161	161	19 a complex wheelchair, including software or other mechanisms
162	162	20 that provision, program, or pair a new part, calibrate
163	163	21 functionality, or perform any other function required to bring
164	164	22 the product back to fully functional condition, including any
165	165	23 updates.
166	166	24 "Trade secret" has the meaning given to that term in
167	167	25 subsection (d) of Section 2 of the Illinois Trade Secrets Act.
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178	178	1 Section 10. Right to repair.
179	179	2 (a) For complex wheelchairs and parts for complex
180	180	3 wheelchairs that are sold or used in this State, an original
181	181	4 equipment manufacturer shall make available to any independent
182	182	5 repair provider and owner of a complex wheelchair manufactured
183	183	6 by on behalf of, or sold by such original equipment
184	184	7 manufacturer, on fair and reasonable terms, any documentation,
185	185	8 parts, and tools, required for the diagnosis, maintenance, or
186	186	9 repair of such a complex wheelchair and parts for the complex
187	187	10 wheelchair, inclusive of any updates to information. The
188	188	11 documentation parts and tools shall be made available either
189	189	12 directly by the original equipment manufacturer or via an
190	190	13 authorized repair provider.
191	191	14 (b) For equipment that contains an electronic security
192	192	15 lock or other security-related function, the original
193	193	16 equipment manufacturer shall make available to any owner and
194	194	17 independent repair provider, on fair and reasonable terms, any
195	195	18 special documentation, tools, and parts needed to access and
196	196	19 reset the lock or function when disabled in the course of
197	197	20 diagnosis, maintenance, or repair of the complex wheelchair.
198	198	21 The documentation, tools, and parts may be made available
199	199	22 through appropriate secure release systems.
200	200	23 Section 15. Enforcement by Attorney General. A violation
201	201	24 of any of the provisions of this Act is an unlawful practice
202	202	25 under the Consumer Fraud and Deceptive Business Practices Act.
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213	213	1 All remedies, penalties, and authority granted to the Attorney
214	214	2 General by that Act shall be available to him or her for the
215	215	3 enforcement of this Act.
216	216	4 Section 20. Limitations.
217	217	5 (a) Nothing in this Act shall require an original
218	218	6 equipment manufacturer to divulge any trade secret to any
219	219	7 owner or independent service provider.
220	220	8 (b) Nothing in this Act shall to alter the terms of any
221	221	9 arrangement in force between an authorized repair provider and
222	222	10 an original equipment manufacturer, including, but not limited
223	223	11 to, the performance or provision of warranty or recall repair
224	224	12 work by an authorized repair provider on behalf of an original
225	225	13 equipment manufacturer and pursuant to such arrangement,
226	226	14 except that any provision in the terms that purports to waive,
227	227	15 avoid, restrict or limit the original equipment manufacturer's
228	228	16 obligations to comply with this Act shall be void and
229	229	17 unenforceable.
230	230	18 (c) No original equipment manufacturer or authorized
231	231	19 repair provider shall be liable for any damage or injury
232	232	20 caused to any complex wheelchair by an independent repair
233	233	21 provider or owner which occurs during the course of repair,
234	234	22 diagnosis, or maintenance.
235	235	23 Section 25. Applicability. This Act applies with respect
236	236	24 to complex wheelchairs sold or in use on or after the effective
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247	247	1 date of this Act.
248	248	2 Section 90. The Consumer Fraud and Deceptive Business
249	249	3 Practices Act is amended by adding Section 2BBBB as follows:
250	250	4 (815 ILCS 505/2HHHH new)
251	251	5 Sec. 2HHHH. Violations of the Complex Wheelchair Right to
252	252	6 Repair Act. A person who violates the Complex Wheelchair Right
253	253	7 to Repair Act commits an unlawful practice within the meaning
254	254	8 of this Act.
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