1.1 A bill for an act
1.2 relating to commerce; adding motorcycles to the Digital Fair Repair Act; amending
1.3 Minnesota Statutes 2024, section 325E.72, subdivisions 2, 3, 5, 7, 8.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read:
1.6 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
1.7meanings given.
1.8 (b) "Authorized repair provider" means an individual or business who is unaffiliated
1.9with an original equipment manufacturer and who has: (1) an arrangement with the original
1.10equipment manufacturer, for a definite or indefinite period, under which the original
1.11equipment manufacturer grants to the individual or business a license to use a trade name,
1.12service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair
1.13services for digital electronic equipment or motorcycles under the name of the original
1.14equipment manufacturer; or (2) an arrangement with the original equipment manufacturer
1.15to offer diagnostic, maintenance, or repair services for digital electronic equipment or
1.16motorcycles on behalf of the original equipment manufacturer. An original equipment
1.17manufacturer that offers diagnostic, maintenance, or repair services for the original equipment
1.18manufacturer's digital electronic equipment or motorcycles is considered an authorized
1.19repair provider with respect to the digital electronic equipment or motorcycles if the original
1.20equipment manufacturer does not have an arrangement described in this paragraph with an
1.21unaffiliated individual or business.
1.22 (c) "Contractor" has the meaning given in section 326B.31, subdivision 14.
1Section 1.
25-04089 as introduced02/19/25 REVISOR RSI/KR
SENATE
STATE OF MINNESOTA
S.F. No. 2484NINETY-FOURTH SESSION
(SENATE AUTHORS: SEEBERGER, Rarick, Kupec and Wesenberg)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/13/2025
Referred to Commerce and Consumer Protection 2.1 (d) "Cybersecurity" means the practice of protecting networks, devices, and data from
2.2unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity,
2.3and availability of information.
2.4 (e) "Digital electronic equipment" or "equipment" means any hardware product that
2.5depends, in whole or in part, on digital electronics embedded in or attached to the product
2.6in order for the product to function, for which the original equipment manufacturer makes
2.7available tools, parts, or documentation to authorized repair providers.
2.8 (f) "Documentation" means a manual, diagram, reporting output, service code description,
2.9schematic diagram, or similar information made available by an original equipment
2.10manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair
2.11services for digital electronic equipment or motorcycles.
2.12 (g) "Embedded software" means any programmable instructions provided on firmware
2.13delivered with digital electronic equipment or motorcycles, or with a part for the equipment,
2.14in order to operate the equipment. Embedded software includes all relevant patches and
2.15fixes made by the manufacturer of the equipment or part in order to operate the equipment.
2.16 (h) "Fair and reasonable terms" means, with respect to:
2.17 (1) parts for digital electronic equipment or motorcycles offered by an original equipment
2.18manufacturer:
2.19 (i) costs that are fair to both parties; and
2.20 (ii) terms under which an original equipment manufacturer offers the part to an authorized
2.21repair provider and which:
2.22 (A) is not conditioned on or imposing a substantial obligation to use or restrict the use
2.23of the part to diagnose, maintain, or repair digital electronic equipment or motorcycles sold,
2.24leased, or otherwise supplied by the original equipment manufacturer, including a condition
2.25that the owner or independent repair provider become an authorized repair provider of the
2.26original equipment manufacturer; or
2.27 (B) a requirement that a part be registered, paired with, or approved by the original
2.28equipment manufacturer or an authorized repair provider before the part is operational or
2.29prohibit an original equipment manufacturer from imposing any additional cost or burden
2.30that is not reasonably necessary or is designed to be an impediment on the owner or
2.31independent repair provider;
2.32 (2) tools, software, and documentation for digital electronic equipment or motorcycles
2.33offered by an original equipment manufacturer:
2Section 1.
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
3.2manufacturer offers the tool, software, or documentation to an authorized repair provider,
3.3including any discount, rebate, or other financial incentive offered to an authorized repair
3.4provider; and
3.5 (ii) terms that are equivalent to the most favorable terms under which an original
3.6equipment manufacturer offers the tool, software, or documentation to an authorized repair
3.7provider, including the methods and timeliness of delivery of the tool, software, or
3.8documentation, do not impose on an owner or an independent repair provider:
3.9 (A) a substantial obligation to use or restrict the use of the tool, software, or
3.10documentation to diagnose, maintain, or repair digital electronic equipment or motorcycles
3.11sold, leased, or otherwise supplied by the original equipment manufacturer, including a
3.12condition that the owner or independent repair provider become an authorized repair provider
3.13of the original equipment manufacturer; or
3.14 (B) a requirement that a tool be registered, paired with, or approved by the original
3.15equipment manufacturer or an authorized repair provider before the part or tool is operational;
3.16and
3.17 (3) documentation offered by an original equipment manufacturer: that the documentation
3.18is made available by the original equipment manufacturer at no charge, except that when
3.19the documentation is requested in physical printed form, a charge may be included for the
3.20reasonable actual costs of preparing and sending the copy.
3.21 (i) "Independent repair provider" means an individual or business operating in Minnesota
3.22that: (1) does not have an arrangement described in paragraph (b) with an original equipment
3.23manufacturer; (2) is not affiliated with any individual or business that has an arrangement
3.24described in paragraph (b); and (3) is engaged in providing diagnostic, maintenance, or
3.25repair services for digital electronic equipment or motorcycles. An original equipment
3.26manufacturer or, with respect to the original equipment manufacturer, an individual or
3.27business that has an arrangement with the original equipment manufacturer or is affiliated
3.28with an individual or business that has an arrangement with that original equipment
3.29manufacturer, is considered an independent repair provider for purposes of the instances
3.30the original equipment manufacturer engages in diagnostic, maintenance, or repair services
3.31for digital electronic equipment or motorcycles that is are not manufactured by or sold under
3.32the name of the original equipment manufacturer.
3Section 1.
25-04089 as introduced02/19/25 REVISOR RSI/KR 4.1 (j) "Manufacturer of motor vehicle equipment" means a business engaged in the business
4.2of manufacturing or supplying components used to manufacture, maintain, or repair a motor
4.3vehicle.
4.4 (k) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or property
4.5on a street or highway; and (2) certified by the manufacturer under (i) all applicable federal
4.6safety and emissions standards, and (ii) all requirements for distribution and sale in the
4.7United States. Motor vehicle does not include a recreational vehicle, a motorcycle, or an
4.8auto home equipped for habitation.
4.9 (l) "Motor vehicle dealer" means an individual or business that, in the ordinary course
4.10of business: (1) is engaged in the business of selling or leasing new motor vehicles to an
4.11individual or business pursuant to a franchise agreement; (2) has obtained a license under
4.12section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services
4.13for motor vehicles or motor vehicle engines pursuant to a franchise agreement.
4.14 (m) "Motor vehicle manufacturer" means a business engaged in the business of
4.15manufacturing or assembling new motor vehicles.
4.16 (n) "Motorcycle" has the meaning given in section 169.011, subdivision 44.
4.17 (n) (o) "Original equipment manufacturer" means any individual or business that, in the
4.18normal course of business, is engaged in the business of selling or leasing to any individual
4.19or business new digital electronic equipment or motorcycles manufactured by or on behalf
4.20of the original equipment manufacturer.
4.21 (o) (p) "Owner" means an individual or business that owns or leases digital electronic
4.22equipment or motorcycles purchased or used in Minnesota.
4.23 (p) (q) "Part" means any replacement part or assembly of parts, either new or used, made
4.24available by an original equipment manufacturer to authorized repair providers to facilitate
4.25the maintenance or repair of digital electronic equipment or motorcycles manufactured or
4.26sold by the original equipment manufacturer.
4.27 (q) (r) "Personally identifiable information" means any representation of information
4.28that permits the identity of an individual to whom the information applies to be reasonably
4.29inferred by either direct or indirect means.
4.30 (r) (s) "Tool" means any software program, hardware implement, or other apparatus
4.31used for diagnosis, maintenance, or repair of digital electronic equipment or motorcycles,
4.32including software or other mechanisms that provide, program, pair a part, calibrate
4Section 1.
25-04089 as introduced02/19/25 REVISOR RSI/KR 5.1functionality, or perform any other function required to repair the original equipment or
5.2part back to fully functional condition, including updates.
5.3 (s) (t) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
5.4 (t) (u) "Video game console" means a computing device, such as a console machine, a
5.5handheld console device, or another device or system, and its components and peripherals,
5.6that is primarily used by consumers for playing video games but which is neither a general
5.7nor an all-purpose computer. A general or all-purpose computer includes but is not limited
5.8to a desktop computer, laptop, tablet, or cell phone.
5.9 Sec. 2. Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read:
5.10 Subd. 3.Requirements.(a) For digital electronic equipment or motorcycles, and parts
5.11for the equipment sold or used in Minnesota, an original equipment manufacturer must
5.12make available to any independent repair provider or to the owner of digital electronic
5.13equipment or motorcycles manufactured by or on behalf of, or sold by, the original equipment
5.14manufacturer, on fair and reasonable terms, documentation, parts, and tools, inclusive of
5.15any updates to information or embedded software, for diagnostic, maintenance, or repair
5.16purposes. Nothing in this section requires an original equipment manufacturer to make
5.17available a part, tools, or documentation if it is no longer available to the original equipment
5.18manufacturer.
5.19 (b) Such parts, tools, and documentation shall be made available within 60 days after
5.20the first sale of the digital electronic equipment or motorcycles in Minnesota.
5.21 Sec. 3. Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read:
5.22 Subd. 5.Limitations.(a) Nothing in this section requires an original equipment
5.23manufacturer to divulge a trade secret or license any intellectual property to an owner or
5.24an independent service provider, except as necessary to provide documentation, parts, and
5.25tools on fair and reasonable terms.
5.26 (b) Nothing in this section alters the terms of any arrangement described in subdivision
5.272, paragraph (b), including but not limited to the performance or provision of warranty or
5.28recall repair work by an authorized repair provider on behalf of an original equipment
5.29manufacturer pursuant to the arrangement, in force between an authorized repair provider
5.30and an original equipment manufacturer. A provision in the terms of an arrangement
5.31described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the
5Sec. 3.
25-04089 as introduced02/19/25 REVISOR RSI/KR 6.1original equipment manufacturer's obligations to comply with this section is void and
6.2unenforceable.
6.3 (c) Nothing in this section requires an original equipment manufacturer or an authorized
6.4repair provider to provide to an owner or independent repair provider access to information,
6.5other than documentation, that is provided by the original equipment manufacturer to an
6.6authorized repair provider pursuant to the terms of an arrangement described in subdivision
6.72, paragraph (b).
6.8 (d) Nothing in this section requires an original equipment manufacturer or authorized
6.9repair provider to make available any parts, tools, or documentation for the purpose of
6.10making modifications to any digital electronic equipment or motorcycles.
6.11 (e) Nothing in this section shall be construed to require the original equipment
6.12manufacturer to sell service parts if the service parts are no longer provided by the original
6.13equipment manufacturer or made available to authorized repair providers of the original
6.14equipment manufacturer.
6.15 (f) Nothing in this section shall require an original manufacturer to make available special
6.16documentation, tools, and parts that would disable or override antitheft security measures
6.17set by the owner of the equipment without the owner's authorization.
6.18 (g) Nothing in this section shall apply if the original equipment manufacturer provides
6.19equivalent or better, readily available replacement equipment at no charge to the customer.
6.20 (h) Nothing in this section requires the original manufacturer to provide access to parts,
6.21tools, or documentation for work that is required to be done or supervised by an individual
6.22or contractor licensed under chapter 326B or with any individual or contractor who does
6.23not possess the relevant license required for that work.
6.24 Sec. 4. Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read:
6.25 Subd. 7.Liability, defenses, and warranties.No original equipment manufacturer or
6.26authorized repair provider shall be liable for any damage or injury caused to any digital
6.27electronic equipment or motorcycles, person, or property that occurs as a result of repair,
6.28diagnosis, maintenance, or modification performed by an independent repair provider or
6.29owner, including but not limited to any indirect, incidental, special, or consequential damages;
6.30any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the
6.31digital electronic equipment or motorcycles.
6Sec. 4.
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:
7.2 Subd. 8.Applicability.This section applies to motorcycles or equipment sold on or
7.3after July 1, 2021.
7Sec. 5.
25-04089 as introduced02/19/25 REVISOR RSI/KR