| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to commerce; requiring an original equipment manufacturer to facilitate |
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| 3 | 3 | | 1.3 the repair of farm equipment; amending Minnesota Statutes 2024, section 325E.72, |
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| 4 | 4 | | 1.4 subdivisions 2, 3, 5, 6, 7, by adding a subdivision. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the |
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| 8 | 8 | | 1.8meanings given. |
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| 9 | 9 | | 1.9 (b) "Authorized repair provider" means an individual or business who is unaffiliated |
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| 10 | 10 | | 1.10with an original equipment manufacturer and who has: (1) an arrangement with the original |
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| 11 | 11 | | 1.11equipment manufacturer, for a definite or indefinite period, under which the original |
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| 12 | 12 | | 1.12equipment manufacturer grants to the individual or business a license to use a trade name, |
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| 13 | 13 | | 1.13service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair |
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| 14 | 14 | | 1.14services for digital electronic equipment or farm equipment under the name of the original |
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| 15 | 15 | | 1.15equipment manufacturer; or (2) an arrangement with the original equipment manufacturer |
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| 16 | 16 | | 1.16to offer diagnostic, maintenance, or repair services for digital electronic equipment or farm |
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| 17 | 17 | | 1.17equipment on behalf of the original equipment manufacturer. An original equipment |
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| 18 | 18 | | 1.18manufacturer that offers diagnostic, maintenance, or repair services for the original equipment |
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| 19 | 19 | | 1.19manufacturer's digital electronic equipment or farm equipment is considered an authorized |
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| 20 | 20 | | 1.20repair provider with respect to the digital electronic equipment and farm equipment if the |
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| 21 | 21 | | 1.21original equipment manufacturer does not have an arrangement described in this paragraph |
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| 22 | 22 | | 1.22with an unaffiliated individual or business. |
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| 23 | 23 | | 1.23 (c) "Contractor" has the meaning given in section 326B.31, subdivision 14. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 2030NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: KUPEC, Rarick, Wesenberg, Dornink and Lieske) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading03/03/2025 |
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| 32 | 32 | | Referred to Commerce and Consumer Protection 2.1 (d) "Cybersecurity" means the practice of protecting networks, devices, and data from |
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| 33 | 33 | | 2.2unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity, |
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| 34 | 34 | | 2.3and availability of information. |
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| 35 | 35 | | 2.4 (e) "Digital electronic equipment" or "equipment" means any hardware product that |
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| 36 | 36 | | 2.5depends, in whole or in part, on digital electronics embedded in or attached to the product |
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| 37 | 37 | | 2.6in order for the product to function, for which the original equipment manufacturer makes |
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| 38 | 38 | | 2.7available tools, parts, or documentation to authorized repair providers. |
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| 39 | 39 | | 2.8 (f) "Documentation" means a manual, diagram, reporting output, service code description, |
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| 40 | 40 | | 2.9schematic diagram, or similar information made available by an original equipment |
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| 41 | 41 | | 2.10manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair |
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| 42 | 42 | | 2.11services for digital electronic equipment or farm equipment. |
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| 43 | 43 | | 2.12 (g) "Embedded software" means any programmable instructions provided on firmware |
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| 44 | 44 | | 2.13delivered with digital electronic equipment or farm equipment, or with a part for the |
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| 45 | 45 | | 2.14equipment, in order to operate the equipment. Embedded software includes all relevant |
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| 46 | 46 | | 2.15patches and fixes made by the manufacturer of the equipment or part in order to operate the |
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| 47 | 47 | | 2.16equipment. |
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| 48 | 48 | | 2.17 (h) "Equipment" means digital electronic equipment and farm equipment, unless the |
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| 49 | 49 | | 2.18context clearly indicates otherwise. |
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| 50 | 50 | | 2.19 (i) "Fair and reasonable terms" means, with respect to: |
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| 51 | 51 | | 2.20 (1) parts for digital electronic equipment or farm equipment offered by an original |
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| 52 | 52 | | 2.21equipment manufacturer: |
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| 53 | 53 | | 2.22 (i) costs that are fair to both parties; and |
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| 54 | 54 | | 2.23 (ii) terms under which an original equipment manufacturer offers the part to an authorized |
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| 55 | 55 | | 2.24repair provider and which: |
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| 56 | 56 | | 2.25 (A) is not conditioned on or imposing a substantial obligation to use or restrict the use |
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| 57 | 57 | | 2.26of the part to diagnose, maintain, or repair digital electronic equipment or farm equipment |
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| 58 | 58 | | 2.27sold, leased, or otherwise supplied by the original equipment manufacturer, including a |
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| 59 | 59 | | 2.28condition that the owner or independent repair provider become an authorized repair provider |
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| 60 | 60 | | 2.29of the original equipment manufacturer; or |
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| 61 | 61 | | 2.30 (B) a requirement that a part be registered, paired with, or approved by the original |
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| 62 | 62 | | 2.31equipment manufacturer or an authorized repair provider before the part is operational or |
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| 63 | 63 | | 2.32prohibit an original equipment manufacturer from imposing any additional cost or burden |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 3.1that is not reasonably necessary or is designed to be an impediment on the owner or |
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| 66 | 66 | | 3.2independent repair provider; |
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| 67 | 67 | | 3.3 (2) tools, software, and documentation for digital electronic equipment offered by an |
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| 68 | 68 | | 3.4original equipment manufacturer:, |
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| 69 | 69 | | 3.5 (i) costs that are equivalent to the lowest actual cost for which the original equipment |
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| 70 | 70 | | 3.6manufacturer offers the tool, or software, or documentation to an authorized repair provider, |
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| 71 | 71 | | 3.7including any discount, rebate, or other financial incentive offered to an authorized repair |
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| 72 | 72 | | 3.8provider; and |
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| 73 | 73 | | 3.9 (ii) (3) tools, software, and documentation for digital electronic equipment or farm |
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| 74 | 74 | | 3.10equipment offered by an original equipment manufacturer, terms that are equivalent to the |
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| 75 | 75 | | 3.11most favorable terms under which an original equipment manufacturer offers the tool, |
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| 76 | 76 | | 3.12software, or documentation to an authorized repair provider, including the methods and |
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| 77 | 77 | | 3.13timeliness of delivery of the tool, software, or documentation, do not impose on an owner |
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| 78 | 78 | | 3.14or an independent repair provider: |
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| 79 | 79 | | 3.15 (A) (i) a substantial obligation to use or restrict the use of the tool, software, or |
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| 80 | 80 | | 3.16documentation to diagnose, maintain, or repair digital electronic equipment or farm |
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| 81 | 81 | | 3.17equipment sold, leased, or otherwise supplied by the original equipment manufacturer, |
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| 82 | 82 | | 3.18including a condition that the owner or independent repair provider become an authorized |
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| 83 | 83 | | 3.19repair provider of the original equipment manufacturer; or |
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| 84 | 84 | | 3.20 (B) (ii) a requirement that a tool be registered, paired with, or approved by the original |
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| 85 | 85 | | 3.21equipment manufacturer or an authorized repair provider before the part or tool is operational; |
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| 86 | 86 | | 3.22and |
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| 87 | 87 | | 3.23 (3) (4) documentation offered by an original equipment manufacturer: that the |
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| 88 | 88 | | 3.24documentation is made available by the original equipment manufacturer at no charge, |
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| 89 | 89 | | 3.25except that when the documentation is requested in physical printed form, a charge may be |
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| 90 | 90 | | 3.26included for the reasonable actual costs of preparing and sending the copy. |
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| 91 | 91 | | 3.27 (j) "Farm equipment" has the meaning given in section 325E.061, subdivision 2, except |
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| 92 | 92 | | 3.28that farm equipment does not include heavy and utility equipment, as defined under section |
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| 93 | 93 | | 3.29325E.068, subdivision 2. |
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| 94 | 94 | | 3.30 (k) "Farm equipment manufacturer" means a person, partnership, corporation, association, |
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| 95 | 95 | | 3.31or other form of business enterprise engaged in the manufacturing, assembly, or wholesale |
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| 96 | 96 | | 3.32distribution of farm equipment. Farm equipment manufacturer includes a successor in |
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| 97 | 97 | | 3.33interest of the farm equipment manufacturer, including a purchaser of assets or stock, a |
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| 98 | 98 | | 3Section 1. |
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| 99 | 99 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 4.1surviving corporation resulting from a merger or liquidation, a receiver or assignee, or a |
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| 100 | 100 | | 4.2trustee of the original farm equipment manufacturer. |
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| 101 | 101 | | 4.3 (i) (l) "Independent repair provider" means an individual or business operating in |
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| 102 | 102 | | 4.4Minnesota that: (1) does not have an arrangement described in paragraph (b) with an original |
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| 103 | 103 | | 4.5equipment manufacturer; (2) is not affiliated with any individual or business that has an |
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| 104 | 104 | | 4.6arrangement described in paragraph (b); and (3) is engaged in providing diagnostic, |
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| 105 | 105 | | 4.7maintenance, or repair services for digital electronic equipment or farm equipment. An |
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| 106 | 106 | | 4.8original equipment manufacturer or, with respect to the original equipment manufacturer, |
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| 107 | 107 | | 4.9an individual or business that has an arrangement with the original equipment manufacturer |
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| 108 | 108 | | 4.10or is affiliated with an individual or business that has an arrangement with that original |
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| 109 | 109 | | 4.11equipment manufacturer, is considered an independent repair provider for purposes of the |
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| 110 | 110 | | 4.12instances the original equipment manufacturer engages in diagnostic, maintenance, or repair |
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| 111 | 111 | | 4.13services for digital electronic equipment or farm equipment that is not manufactured by or |
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| 112 | 112 | | 4.14sold under the name of the original equipment manufacturer. |
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| 113 | 113 | | 4.15 (j) (m) "Manufacturer of motor vehicle equipment" means a business engaged in the |
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| 114 | 114 | | 4.16business of manufacturing or supplying components used to manufacture, maintain, or repair |
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| 115 | 115 | | 4.17a motor vehicle. |
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| 116 | 116 | | 4.18 (k) (n) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or |
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| 117 | 117 | | 4.19property on a street or highway; and (2) certified by the manufacturer under (i) all applicable |
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| 118 | 118 | | 4.20federal safety and emissions standards, and (ii) all requirements for distribution and sale in |
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| 119 | 119 | | 4.21the United States. Motor vehicle does not include a recreational vehicle or an auto home |
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| 120 | 120 | | 4.22equipped for habitation. |
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| 121 | 121 | | 4.23 (l) (o) "Motor vehicle dealer" means an individual or business that, in the ordinary course |
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| 122 | 122 | | 4.24of business: (1) is engaged in the business of selling or leasing new motor vehicles to an |
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| 123 | 123 | | 4.25individual or business pursuant to a franchise agreement; (2) has obtained a license under |
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| 124 | 124 | | 4.26section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services |
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| 125 | 125 | | 4.27for motor vehicles or motor vehicle engines pursuant to a franchise agreement. |
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| 126 | 126 | | 4.28 (m) (p) "Motor vehicle manufacturer" means a business engaged in the business of |
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| 127 | 127 | | 4.29manufacturing or assembling new motor vehicles. |
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| 128 | 128 | | 4.30 (n) (q) "Original equipment manufacturer" means any individual or business that, in the |
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| 129 | 129 | | 4.31normal course of business, is engaged in the business of selling or leasing to any individual |
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| 130 | 130 | | 4.32or business new digital electronic equipment or farm equipment manufactured by or on |
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| 131 | 131 | | 4.33behalf of the original equipment manufacturer. |
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| 132 | 132 | | 4Section 1. |
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| 133 | 133 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 5.1 (o) (r) "Owner" means an individual or business that owns or leases digital electronic |
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| 134 | 134 | | 5.2equipment or farm equipment purchased or used in Minnesota. |
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| 135 | 135 | | 5.3 (p) (s) "Part" means any replacement part or assembly of parts, either new or used, made |
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| 136 | 136 | | 5.4available by an original equipment manufacturer to authorized repair providers to facilitate |
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| 137 | 137 | | 5.5the maintenance or repair of digital electronic equipment or farm equipment manufactured |
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| 138 | 138 | | 5.6or sold by the original equipment manufacturer. |
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| 139 | 139 | | 5.7 (t) "Parts pairing" means a manufacturer's use of software to identify component parts |
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| 140 | 140 | | 5.8through a unique identifier. |
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| 141 | 141 | | 5.9 (q) (u) "Personally identifiable information" means any representation of information |
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| 142 | 142 | | 5.10that permits the identity of an individual to whom the information applies to be reasonably |
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| 143 | 143 | | 5.11inferred by either direct or indirect means. |
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| 144 | 144 | | 5.12 (v) "Proprietary firmware" means permanent software programmed into read-only |
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| 145 | 145 | | 5.13memory that the manufacturer has restricted from use, private modification, copying, or |
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| 146 | 146 | | 5.14republication. |
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| 147 | 147 | | 5.15 (r) (w) "Tool" means any software program, hardware implement, or other apparatus |
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| 148 | 148 | | 5.16used for diagnosis, maintenance, or repair of digital electronic equipment or farm equipment, |
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| 149 | 149 | | 5.17including software or other mechanisms that provide, program, pair a part, calibrate |
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| 150 | 150 | | 5.18functionality, or perform any other function required to repair the original equipment or |
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| 151 | 151 | | 5.19part back to fully functional condition, including updates. |
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| 152 | 152 | | 5.20 (s) (x) "Trade secret" has the meaning given in section 325C.01, subdivision 5. |
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| 153 | 153 | | 5.21 (t) (y) "Video game console" means a computing device, such as a console machine, a |
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| 154 | 154 | | 5.22handheld console device, or another device or system, and its components and peripherals, |
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| 155 | 155 | | 5.23that is primarily used by consumers for playing video games but which is neither a general |
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| 156 | 156 | | 5.24nor an all-purpose computer. A general or all-purpose computer includes but is not limited |
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| 157 | 157 | | 5.25to a desktop computer, laptop, tablet, or cell phone. |
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| 158 | 158 | | 5.26 Sec. 2. Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read: |
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| 159 | 159 | | 5.27 Subd. 3.Requirements.(a) For digital electronic equipment, farm equipment, and parts |
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| 160 | 160 | | 5.28for the equipment sold or used in Minnesota, an original equipment manufacturer must |
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| 161 | 161 | | 5.29make available to any independent repair provider or to the owner of digital electronic |
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| 162 | 162 | | 5.30equipment or farm equipment manufactured by or on behalf of, or sold by, the original |
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| 163 | 163 | | 5.31equipment manufacturer, on fair and reasonable terms, documentation, parts, and tools, |
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| 164 | 164 | | 5.32inclusive of any updates to information or embedded software, for diagnostic, maintenance, |
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| 165 | 165 | | 5.33or repair purposes. Documentation, parts, and tools must be made available directly by the |
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| 166 | 166 | | 5Sec. 2. |
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| 167 | 167 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 6.1original equipment manufacturer or an authorized repair provider or distributor. Nothing |
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| 168 | 168 | | 6.2in this section requires an original equipment manufacturer to make available a part, tools, |
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| 169 | 169 | | 6.3or documentation if it is no longer available to the original equipment manufacturer. |
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| 170 | 170 | | 6.4 (b) Such parts, tools, and documentation shall be made available within 60 days after |
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| 171 | 171 | | 6.5the first sale of the digital electronic equipment or farm equipment in Minnesota. |
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| 172 | 172 | | 6.6 (c) A farm equipment manufacturer must make available tools, software, and |
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| 173 | 173 | | 6.7documentation for farm equipment to owners at no charge. If a physical tool is requested, |
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| 174 | 174 | | 6.8a farm equipment manufacturer may charge a fee to pay for reasonable, actual costs incurred |
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| 175 | 175 | | 6.9to prepare and send a physical tool. |
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| 176 | 176 | | 6.10 Sec. 3. Minnesota Statutes 2024, section 325E.72, is amended by adding a subdivision to |
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| 177 | 177 | | 6.11read: |
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| 178 | 178 | | 6.12 Subd. 3a.Prohibitions.An original equipment manufacturer must not use parts pairing, |
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| 179 | 179 | | 6.13proprietary firmware, or any other mechanism to: |
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| 180 | 180 | | 6.14 (1) prevent the installation or functioning of an otherwise functional part, including a |
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| 181 | 181 | | 6.15replacement part or component that is not approved by the manufacturer; |
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| 182 | 182 | | 6.16 (2) inhibit or reduce the functioning of a part, so that replacement by an independent |
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| 183 | 183 | | 6.17repair provider or the device owner causes the device to operate with reduced functionality |
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| 184 | 184 | | 6.18or performance; |
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| 185 | 185 | | 6.19 (3) create false, misleading, deceptive, or undismissable alerts or warnings about parts; |
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| 186 | 186 | | 6.20 (4) charge additional fees or increased prices for future repairs; or |
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| 187 | 187 | | 6.21 (5) limit who can purchase parts or perform repair services. |
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| 188 | 188 | | 6.22 Sec. 4. Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read: |
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| 189 | 189 | | 6.23 Subd. 5.Limitations.(a) Nothing in this section requires an original equipment |
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| 190 | 190 | | 6.24manufacturer to divulge a trade secret or license any intellectual property to an owner or |
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| 191 | 191 | | 6.25an independent service provider, except as necessary to provide documentation, parts, and |
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| 192 | 192 | | 6.26tools on fair and reasonable terms. |
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| 193 | 193 | | 6.27 (b) Nothing in this section alters the terms of any arrangement described in subdivision |
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| 194 | 194 | | 6.282, paragraph (b), including but not limited to the performance or provision of warranty or |
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| 195 | 195 | | 6.29recall repair work by an authorized repair provider on behalf of an original equipment |
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| 196 | 196 | | 6.30manufacturer pursuant to the arrangement, in force between an authorized repair provider |
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| 197 | 197 | | 6.31and an original equipment manufacturer. A provision in the terms of an arrangement |
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| 198 | 198 | | 6Sec. 4. |
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| 199 | 199 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 7.1described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the |
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| 200 | 200 | | 7.2original equipment manufacturer's obligations to comply with this section is void and |
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| 201 | 201 | | 7.3unenforceable. |
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| 202 | 202 | | 7.4 (c) Nothing in this section requires that an original equipment manufacturer or authorized |
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| 203 | 203 | | 7.5repair provider is held liable for damage or injury to farm equipment caused by an |
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| 204 | 204 | | 7.6independent repair provider or owner that: (1) occurs during the course of repairing, |
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| 205 | 205 | | 7.7diagnosing, or maintaining the farm equipment; and (2) is not attributable to the original |
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| 206 | 206 | | 7.8equipment manufacturer or authorized repair provider, unless the failure is attributable to |
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| 207 | 207 | | 7.9design or manufacturing defects. |
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| 208 | 208 | | 7.10 (d) Nothing in this section requires a manufacturer to provide a part or equipment used |
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| 209 | 209 | | 7.11solely to develop the manufacturer's products. |
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| 210 | 210 | | 7.12 (e) Nothing in this section allows a modification that permanently deactivates a safety |
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| 211 | 211 | | 7.13notification system in the course of diagnosing, maintaining, or repairing farm equipment. |
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| 212 | 212 | | 7.14 (f) Nothing in this section allows a modification that causes a piece of equipment to |
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| 213 | 213 | | 7.15become permanently out of compliance with applicable safety or emissions laws. |
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| 214 | 214 | | 7.16 (g) Nothing in this section requires an original equipment manufacturer or an authorized |
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| 215 | 215 | | 7.17repair provider to provide to an owner or independent repair provider access to information, |
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| 216 | 216 | | 7.18other than documentation, that is provided by the original equipment manufacturer to an |
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| 217 | 217 | | 7.19authorized repair provider pursuant to the terms of an arrangement described in subdivision |
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| 218 | 218 | | 7.202, paragraph (b). |
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| 219 | 219 | | 7.21 (d) (h) Nothing in this section requires an original equipment manufacturer or authorized |
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| 220 | 220 | | 7.22repair provider to make available any parts, tools, or documentation for the purpose of |
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| 221 | 221 | | 7.23making modifications to any digital electronic equipment or farm equipment. |
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| 222 | 222 | | 7.24 (e) (i) Nothing in this section shall be construed to require the original equipment |
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| 223 | 223 | | 7.25manufacturer to sell service parts if the service parts are no longer provided by the original |
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| 224 | 224 | | 7.26equipment manufacturer or made available to authorized repair providers of the original |
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| 225 | 225 | | 7.27equipment manufacturer. |
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| 226 | 226 | | 7.28 (f) (j) Nothing in this section shall require an original manufacturer to make available |
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| 227 | 227 | | 7.29special documentation, tools, and parts that would disable or override antitheft security |
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| 228 | 228 | | 7.30measures set by the owner of the equipment without the owner's authorization. |
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| 229 | 229 | | 7.31 (g) (k) Nothing in this section shall apply if the original equipment manufacturer provides |
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| 230 | 230 | | 7.32equivalent or better, readily available replacement equipment at no charge to the customer. |
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| 231 | 231 | | 7Sec. 4. |
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| 232 | 232 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 8.1 (h) (l) Nothing in this section requires the original manufacturer to provide access to |
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| 233 | 233 | | 8.2parts, tools, or documentation for work that is required to be done or supervised by an |
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| 234 | 234 | | 8.3individual or contractor licensed under chapter 326B or with any individual or contractor |
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| 235 | 235 | | 8.4who does not possess the relevant license required for that work. |
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| 236 | 236 | | 8.5 Sec. 5. Minnesota Statutes 2024, section 325E.72, subdivision 6, is amended to read: |
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| 237 | 237 | | 8.6 Subd. 6.Exclusions.(a) Nothing in this section applies to: (1) a motor vehicle |
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| 238 | 238 | | 8.7manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in |
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| 239 | 239 | | 8.8that capacity; or (2) any product or service of a motor vehicle manufacturer, manufacturer |
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| 240 | 240 | | 8.9of motor vehicle equipment, or motor vehicle dealer acting in that capacity. |
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| 241 | 241 | | 8.10 (b) Nothing in this section applies to manufacturers or distributors of a medical device |
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| 242 | 242 | | 8.11as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section |
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| 243 | 243 | | 8.12301 et seq., or a digital electronic product or software manufactured for use in a medical |
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| 244 | 244 | | 8.13setting including diagnostic, monitoring, or control equipment or any product or service |
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| 245 | 245 | | 8.14that the manufacturer or distributor of a medical device offers. |
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| 246 | 246 | | 8.15 (c) Nothing in this section applies to manufacturers, distributors, importers, or dealers |
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| 247 | 247 | | 8.16of any off-road or nonroad equipment, including without limitation farm and utility tractors; |
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| 248 | 248 | | 8.17farm implements; farm machinery; forestry equipment; industrial equipment; utility |
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| 249 | 249 | | 8.18equipment; construction equipment; compact construction equipment; road-building |
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| 250 | 250 | | 8.19equipment; electronic vehicle charging infrastructure equipment; mining equipment; turf, |
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| 251 | 251 | | 8.20yard, and garden equipment; outdoor power equipment; portable generators; marine, |
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| 252 | 252 | | 8.21all-terrain sports, and recreational vehicles, including without limitation racing vehicles; |
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| 253 | 253 | | 8.22stand-alone or integrated stationary or mobile internal combustion engines; generator sets |
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| 254 | 254 | | 8.23and fuel cell power; power tools; and any tools, technology, attachments, accessories, |
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| 255 | 255 | | 8.24components, and repair parts for any of the foregoing. |
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| 256 | 256 | | 8.25 (d) Nothing in this section shall be construed to require any original equipment |
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| 257 | 257 | | 8.26manufacturer or authorized repair provider to make available any parts, tools, or |
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| 258 | 258 | | 8.27documentation required for the diagnosis, maintenance, or repair of a video game console |
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| 259 | 259 | | 8.28and its components and peripherals. |
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| 260 | 260 | | 8.29 (e) Nothing in this section applies to an energy storage system, as defined in section |
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| 261 | 261 | | 8.30216B.2422, subdivision 1, paragraph (f). |
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| 262 | 262 | | 8.31 (f) Nothing in this section requires an original equipment manufacturer to make available |
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| 263 | 263 | | 8.32parts, documentation, or tools related to cybersecurity, except as necessary for the repair or |
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| 264 | 264 | | 8.33maintenance of equipment. Notwithstanding anything in this section to the contrary, an |
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| 265 | 265 | | 8Sec. 5. |
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| 266 | 266 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ 9.1original equipment manufacturer is not required to make available parts, documentation, |
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| 267 | 267 | | 9.2or tools related to cybersecurity which: (1) could reasonably give a recipient or third-party |
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| 268 | 268 | | 9.3access to trade secret or personally identifiable information owned or possessed by an |
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| 269 | 269 | | 9.4original equipment manufacturer for itself or on behalf of another person; (2) is protected |
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| 270 | 270 | | 9.5from disclosure under other laws of this state; or (3) could reasonably be used to compromise |
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| 271 | 271 | | 9.6cybersecurity or cybersecurity equipment. |
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| 272 | 272 | | 9.7 (g) Nothing in this section applies to information technology equipment that is intended |
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| 273 | 273 | | 9.8for use in critical infrastructure, as defined in United States Code, title 42, section 5195c(e). |
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| 274 | 274 | | 9.9 Sec. 6. Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read: |
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| 275 | 275 | | 9.10 Subd. 7.Liability, defenses, and warranties.No original equipment manufacturer or |
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| 276 | 276 | | 9.11authorized repair provider shall be liable for any damage or injury caused to any digital |
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| 277 | 277 | | 9.12electronic equipment, farm equipment, person, or property that occurs as a result of repair, |
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| 278 | 278 | | 9.13diagnosis, maintenance, or modification performed by an independent repair provider or |
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| 279 | 279 | | 9.14owner, including but not limited to any indirect, incidental, special, or consequential damages; |
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| 280 | 280 | | 9.15any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the |
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| 281 | 281 | | 9.16digital electronic equipment or farm equipment. |
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| 282 | 282 | | 9Sec. 6. |
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| 283 | 283 | | 25-02010 as introduced01/27/25 REVISOR RSI/LJ |
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