| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to commerce; adding motorcycles to the Digital Fair Repair Act; amending |
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| 3 | 3 | | 1.3 Minnesota Statutes 2024, section 325E.72, subdivisions 2, 3, 5, 7, 8. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read: |
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| 6 | 6 | | 1.6 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the |
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| 7 | 7 | | 1.7meanings given. |
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| 8 | 8 | | 1.8 (b) "Authorized repair provider" means an individual or business who is unaffiliated |
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| 9 | 9 | | 1.9with an original equipment manufacturer and who has: (1) an arrangement with the original |
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| 10 | 10 | | 1.10equipment manufacturer, for a definite or indefinite period, under which the original |
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| 11 | 11 | | 1.11equipment manufacturer grants to the individual or business a license to use a trade name, |
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| 12 | 12 | | 1.12service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair |
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| 13 | 13 | | 1.13services for digital electronic equipment or motorcycles under the name of the original |
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| 14 | 14 | | 1.14equipment manufacturer; or (2) an arrangement with the original equipment manufacturer |
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| 15 | 15 | | 1.15to offer diagnostic, maintenance, or repair services for digital electronic equipment or |
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| 16 | 16 | | 1.16motorcycles on behalf of the original equipment manufacturer. An original equipment |
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| 17 | 17 | | 1.17manufacturer that offers diagnostic, maintenance, or repair services for the original equipment |
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| 18 | 18 | | 1.18manufacturer's digital electronic equipment or motorcycles is considered an authorized |
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| 19 | 19 | | 1.19repair provider with respect to the digital electronic equipment or motorcycles if the original |
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| 20 | 20 | | 1.20equipment manufacturer does not have an arrangement described in this paragraph with an |
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| 21 | 21 | | 1.21unaffiliated individual or business. |
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| 22 | 22 | | 1.22 (c) "Contractor" has the meaning given in section 326B.31, subdivision 14. |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 2484NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: SEEBERGER, Rarick, Kupec and Wesenberg) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading03/13/2025 |
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| 31 | 31 | | Referred to Commerce and Consumer Protection 2.1 (d) "Cybersecurity" means the practice of protecting networks, devices, and data from |
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| 32 | 32 | | 2.2unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity, |
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| 33 | 33 | | 2.3and availability of information. |
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| 34 | 34 | | 2.4 (e) "Digital electronic equipment" or "equipment" means any hardware product that |
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| 35 | 35 | | 2.5depends, in whole or in part, on digital electronics embedded in or attached to the product |
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| 36 | 36 | | 2.6in order for the product to function, for which the original equipment manufacturer makes |
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| 37 | 37 | | 2.7available tools, parts, or documentation to authorized repair providers. |
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| 38 | 38 | | 2.8 (f) "Documentation" means a manual, diagram, reporting output, service code description, |
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| 39 | 39 | | 2.9schematic diagram, or similar information made available by an original equipment |
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| 40 | 40 | | 2.10manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair |
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| 41 | 41 | | 2.11services for digital electronic equipment or motorcycles. |
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| 42 | 42 | | 2.12 (g) "Embedded software" means any programmable instructions provided on firmware |
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| 43 | 43 | | 2.13delivered with digital electronic equipment or motorcycles, or with a part for the equipment, |
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| 44 | 44 | | 2.14in order to operate the equipment. Embedded software includes all relevant patches and |
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| 45 | 45 | | 2.15fixes made by the manufacturer of the equipment or part in order to operate the equipment. |
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| 46 | 46 | | 2.16 (h) "Fair and reasonable terms" means, with respect to: |
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| 47 | 47 | | 2.17 (1) parts for digital electronic equipment or motorcycles offered by an original equipment |
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| 48 | 48 | | 2.18manufacturer: |
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| 49 | 49 | | 2.19 (i) costs that are fair to both parties; and |
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| 50 | 50 | | 2.20 (ii) terms under which an original equipment manufacturer offers the part to an authorized |
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| 51 | 51 | | 2.21repair provider and which: |
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| 52 | 52 | | 2.22 (A) is not conditioned on or imposing a substantial obligation to use or restrict the use |
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| 53 | 53 | | 2.23of the part to diagnose, maintain, or repair digital electronic equipment or motorcycles sold, |
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| 54 | 54 | | 2.24leased, or otherwise supplied by the original equipment manufacturer, including a condition |
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| 55 | 55 | | 2.25that the owner or independent repair provider become an authorized repair provider of the |
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| 56 | 56 | | 2.26original equipment manufacturer; or |
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| 57 | 57 | | 2.27 (B) a requirement that a part be registered, paired with, or approved by the original |
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| 58 | 58 | | 2.28equipment manufacturer or an authorized repair provider before the part is operational or |
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| 59 | 59 | | 2.29prohibit an original equipment manufacturer from imposing any additional cost or burden |
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| 60 | 60 | | 2.30that is not reasonably necessary or is designed to be an impediment on the owner or |
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| 61 | 61 | | 2.31independent repair provider; |
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| 62 | 62 | | 2.32 (2) tools, software, and documentation for digital electronic equipment or motorcycles |
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| 63 | 63 | | 2.33offered by an original equipment manufacturer: |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR 3.1 (i) costs that are equivalent to the lowest actual cost for which the original equipment |
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| 66 | 66 | | 3.2manufacturer offers the tool, software, or documentation to an authorized repair provider, |
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| 67 | 67 | | 3.3including any discount, rebate, or other financial incentive offered to an authorized repair |
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| 68 | 68 | | 3.4provider; and |
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| 69 | 69 | | 3.5 (ii) terms that are equivalent to the most favorable terms under which an original |
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| 70 | 70 | | 3.6equipment manufacturer offers the tool, software, or documentation to an authorized repair |
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| 71 | 71 | | 3.7provider, including the methods and timeliness of delivery of the tool, software, or |
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| 72 | 72 | | 3.8documentation, do not impose on an owner or an independent repair provider: |
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| 73 | 73 | | 3.9 (A) a substantial obligation to use or restrict the use of the tool, software, or |
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| 74 | 74 | | 3.10documentation to diagnose, maintain, or repair digital electronic equipment or motorcycles |
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| 75 | 75 | | 3.11sold, leased, or otherwise supplied by the original equipment manufacturer, including a |
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| 76 | 76 | | 3.12condition that the owner or independent repair provider become an authorized repair provider |
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| 77 | 77 | | 3.13of the original equipment manufacturer; or |
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| 78 | 78 | | 3.14 (B) a requirement that a tool be registered, paired with, or approved by the original |
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| 79 | 79 | | 3.15equipment manufacturer or an authorized repair provider before the part or tool is operational; |
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| 80 | 80 | | 3.16and |
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| 81 | 81 | | 3.17 (3) documentation offered by an original equipment manufacturer: that the documentation |
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| 82 | 82 | | 3.18is made available by the original equipment manufacturer at no charge, except that when |
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| 83 | 83 | | 3.19the documentation is requested in physical printed form, a charge may be included for the |
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| 84 | 84 | | 3.20reasonable actual costs of preparing and sending the copy. |
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| 85 | 85 | | 3.21 (i) "Independent repair provider" means an individual or business operating in Minnesota |
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| 86 | 86 | | 3.22that: (1) does not have an arrangement described in paragraph (b) with an original equipment |
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| 87 | 87 | | 3.23manufacturer; (2) is not affiliated with any individual or business that has an arrangement |
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| 88 | 88 | | 3.24described in paragraph (b); and (3) is engaged in providing diagnostic, maintenance, or |
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| 89 | 89 | | 3.25repair services for digital electronic equipment or motorcycles. An original equipment |
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| 90 | 90 | | 3.26manufacturer or, with respect to the original equipment manufacturer, an individual or |
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| 91 | 91 | | 3.27business that has an arrangement with the original equipment manufacturer or is affiliated |
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| 92 | 92 | | 3.28with an individual or business that has an arrangement with that original equipment |
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| 93 | 93 | | 3.29manufacturer, is considered an independent repair provider for purposes of the instances |
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| 94 | 94 | | 3.30the original equipment manufacturer engages in diagnostic, maintenance, or repair services |
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| 95 | 95 | | 3.31for digital electronic equipment or motorcycles that is are not manufactured by or sold under |
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| 96 | 96 | | 3.32the name of the original equipment manufacturer. |
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| 97 | 97 | | 3Section 1. |
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| 98 | 98 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR 4.1 (j) "Manufacturer of motor vehicle equipment" means a business engaged in the business |
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| 99 | 99 | | 4.2of manufacturing or supplying components used to manufacture, maintain, or repair a motor |
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| 100 | 100 | | 4.3vehicle. |
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| 101 | 101 | | 4.4 (k) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or property |
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| 102 | 102 | | 4.5on a street or highway; and (2) certified by the manufacturer under (i) all applicable federal |
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| 103 | 103 | | 4.6safety and emissions standards, and (ii) all requirements for distribution and sale in the |
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| 104 | 104 | | 4.7United States. Motor vehicle does not include a recreational vehicle, a motorcycle, or an |
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| 105 | 105 | | 4.8auto home equipped for habitation. |
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| 106 | 106 | | 4.9 (l) "Motor vehicle dealer" means an individual or business that, in the ordinary course |
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| 107 | 107 | | 4.10of business: (1) is engaged in the business of selling or leasing new motor vehicles to an |
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| 108 | 108 | | 4.11individual or business pursuant to a franchise agreement; (2) has obtained a license under |
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| 109 | 109 | | 4.12section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services |
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| 110 | 110 | | 4.13for motor vehicles or motor vehicle engines pursuant to a franchise agreement. |
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| 111 | 111 | | 4.14 (m) "Motor vehicle manufacturer" means a business engaged in the business of |
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| 112 | 112 | | 4.15manufacturing or assembling new motor vehicles. |
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| 113 | 113 | | 4.16 (n) "Motorcycle" has the meaning given in section 169.011, subdivision 44. |
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| 114 | 114 | | 4.17 (n) (o) "Original equipment manufacturer" means any individual or business that, in the |
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| 115 | 115 | | 4.18normal course of business, is engaged in the business of selling or leasing to any individual |
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| 116 | 116 | | 4.19or business new digital electronic equipment or motorcycles manufactured by or on behalf |
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| 117 | 117 | | 4.20of the original equipment manufacturer. |
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| 118 | 118 | | 4.21 (o) (p) "Owner" means an individual or business that owns or leases digital electronic |
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| 119 | 119 | | 4.22equipment or motorcycles purchased or used in Minnesota. |
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| 120 | 120 | | 4.23 (p) (q) "Part" means any replacement part or assembly of parts, either new or used, made |
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| 121 | 121 | | 4.24available by an original equipment manufacturer to authorized repair providers to facilitate |
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| 122 | 122 | | 4.25the maintenance or repair of digital electronic equipment or motorcycles manufactured or |
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| 123 | 123 | | 4.26sold by the original equipment manufacturer. |
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| 124 | 124 | | 4.27 (q) (r) "Personally identifiable information" means any representation of information |
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| 125 | 125 | | 4.28that permits the identity of an individual to whom the information applies to be reasonably |
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| 126 | 126 | | 4.29inferred by either direct or indirect means. |
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| 127 | 127 | | 4.30 (r) (s) "Tool" means any software program, hardware implement, or other apparatus |
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| 128 | 128 | | 4.31used for diagnosis, maintenance, or repair of digital electronic equipment or motorcycles, |
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| 129 | 129 | | 4.32including software or other mechanisms that provide, program, pair a part, calibrate |
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| 130 | 130 | | 4Section 1. |
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| 131 | 131 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR 5.1functionality, or perform any other function required to repair the original equipment or |
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| 132 | 132 | | 5.2part back to fully functional condition, including updates. |
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| 133 | 133 | | 5.3 (s) (t) "Trade secret" has the meaning given in section 325C.01, subdivision 5. |
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| 134 | 134 | | 5.4 (t) (u) "Video game console" means a computing device, such as a console machine, a |
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| 135 | 135 | | 5.5handheld console device, or another device or system, and its components and peripherals, |
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| 136 | 136 | | 5.6that is primarily used by consumers for playing video games but which is neither a general |
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| 137 | 137 | | 5.7nor an all-purpose computer. A general or all-purpose computer includes but is not limited |
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| 138 | 138 | | 5.8to a desktop computer, laptop, tablet, or cell phone. |
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| 139 | 139 | | 5.9 Sec. 2. Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read: |
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| 140 | 140 | | 5.10 Subd. 3.Requirements.(a) For digital electronic equipment or motorcycles, and parts |
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| 141 | 141 | | 5.11for the equipment sold or used in Minnesota, an original equipment manufacturer must |
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| 142 | 142 | | 5.12make available to any independent repair provider or to the owner of digital electronic |
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| 143 | 143 | | 5.13equipment or motorcycles manufactured by or on behalf of, or sold by, the original equipment |
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| 144 | 144 | | 5.14manufacturer, on fair and reasonable terms, documentation, parts, and tools, inclusive of |
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| 145 | 145 | | 5.15any updates to information or embedded software, for diagnostic, maintenance, or repair |
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| 146 | 146 | | 5.16purposes. Nothing in this section requires an original equipment manufacturer to make |
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| 147 | 147 | | 5.17available a part, tools, or documentation if it is no longer available to the original equipment |
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| 148 | 148 | | 5.18manufacturer. |
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| 149 | 149 | | 5.19 (b) Such parts, tools, and documentation shall be made available within 60 days after |
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| 150 | 150 | | 5.20the first sale of the digital electronic equipment or motorcycles in Minnesota. |
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| 151 | 151 | | 5.21 Sec. 3. Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read: |
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| 152 | 152 | | 5.22 Subd. 5.Limitations.(a) Nothing in this section requires an original equipment |
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| 153 | 153 | | 5.23manufacturer to divulge a trade secret or license any intellectual property to an owner or |
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| 154 | 154 | | 5.24an independent service provider, except as necessary to provide documentation, parts, and |
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| 155 | 155 | | 5.25tools on fair and reasonable terms. |
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| 156 | 156 | | 5.26 (b) Nothing in this section alters the terms of any arrangement described in subdivision |
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| 157 | 157 | | 5.272, paragraph (b), including but not limited to the performance or provision of warranty or |
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| 158 | 158 | | 5.28recall repair work by an authorized repair provider on behalf of an original equipment |
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| 159 | 159 | | 5.29manufacturer pursuant to the arrangement, in force between an authorized repair provider |
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| 160 | 160 | | 5.30and an original equipment manufacturer. A provision in the terms of an arrangement |
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| 161 | 161 | | 5.31described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the |
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| 162 | 162 | | 5Sec. 3. |
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| 163 | 163 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR 6.1original equipment manufacturer's obligations to comply with this section is void and |
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| 164 | 164 | | 6.2unenforceable. |
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| 165 | 165 | | 6.3 (c) Nothing in this section requires an original equipment manufacturer or an authorized |
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| 166 | 166 | | 6.4repair provider to provide to an owner or independent repair provider access to information, |
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| 167 | 167 | | 6.5other than documentation, that is provided by the original equipment manufacturer to an |
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| 168 | 168 | | 6.6authorized repair provider pursuant to the terms of an arrangement described in subdivision |
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| 169 | 169 | | 6.72, paragraph (b). |
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| 170 | 170 | | 6.8 (d) Nothing in this section requires an original equipment manufacturer or authorized |
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| 171 | 171 | | 6.9repair provider to make available any parts, tools, or documentation for the purpose of |
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| 172 | 172 | | 6.10making modifications to any digital electronic equipment or motorcycles. |
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| 173 | 173 | | 6.11 (e) Nothing in this section shall be construed to require the original equipment |
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| 174 | 174 | | 6.12manufacturer to sell service parts if the service parts are no longer provided by the original |
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| 175 | 175 | | 6.13equipment manufacturer or made available to authorized repair providers of the original |
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| 176 | 176 | | 6.14equipment manufacturer. |
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| 177 | 177 | | 6.15 (f) Nothing in this section shall require an original manufacturer to make available special |
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| 178 | 178 | | 6.16documentation, tools, and parts that would disable or override antitheft security measures |
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| 179 | 179 | | 6.17set by the owner of the equipment without the owner's authorization. |
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| 180 | 180 | | 6.18 (g) Nothing in this section shall apply if the original equipment manufacturer provides |
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| 181 | 181 | | 6.19equivalent or better, readily available replacement equipment at no charge to the customer. |
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| 182 | 182 | | 6.20 (h) Nothing in this section requires the original manufacturer to provide access to parts, |
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| 183 | 183 | | 6.21tools, or documentation for work that is required to be done or supervised by an individual |
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| 184 | 184 | | 6.22or contractor licensed under chapter 326B or with any individual or contractor who does |
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| 185 | 185 | | 6.23not possess the relevant license required for that work. |
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| 186 | 186 | | 6.24 Sec. 4. Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read: |
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| 187 | 187 | | 6.25 Subd. 7.Liability, defenses, and warranties.No original equipment manufacturer or |
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| 188 | 188 | | 6.26authorized repair provider shall be liable for any damage or injury caused to any digital |
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| 189 | 189 | | 6.27electronic equipment or motorcycles, person, or property that occurs as a result of repair, |
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| 190 | 190 | | 6.28diagnosis, maintenance, or modification performed by an independent repair provider or |
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| 191 | 191 | | 6.29owner, including but not limited to any indirect, incidental, special, or consequential damages; |
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| 192 | 192 | | 6.30any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the |
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| 193 | 193 | | 6.31digital electronic equipment or motorcycles. |
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| 194 | 194 | | 6Sec. 4. |
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| 195 | 195 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR 7.1 Sec. 5. Minnesota Statutes 2024, section 325E.72, subdivision 8, is amended to read: |
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| 196 | 196 | | 7.2 Subd. 8.Applicability.This section applies to motorcycles or equipment sold on or |
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| 197 | 197 | | 7.3after July 1, 2021. |
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| 198 | 198 | | 7Sec. 5. |
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| 199 | 199 | | 25-04089 as introduced02/19/25 REVISOR RSI/KR |
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