SB3827 96TH GENERAL ASSEMBLY

LRB096 20317 DRJ 36170 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3827

Introduced 2/11/2010, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Motor Vehicle Owners Right To Repair Act and amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the manufacturer of any motor vehicle that is sold in this State shall promptly, upon request, provide to any independent motor vehicle repair facility in this State and to any motor vehicle owner all information related to the proper and complete diagnosis, service, maintenance, activation, certification, and repair of the vehicle, including all non-emission-related service information or training information. Requires a motor vehicle manufacturer to promptly, upon request, permit independent motor vehicle repair facilities to acquire necessary diagnostic tools; requires such a manufacturer to promptly, upon request, provide aftermarket tool companies with information that will allow them to manufacture tools with the same functional characteristics as those tools made available by the manufacturer to authorized dealers and authorized motor vehicle repair facilities. Provides that the Motor Vehicle Owners Right To Repair Act applies to all motor vehicles manufactured after model year 1994. Provides that nothing in the Motor Vehicle Owners Right To Repair Act requires a motor vehicle manufacturer to divulge information that is a trade secret. Provides for a civil action by a person who suffers actual damage as a result of a violation of the Motor Vehicle Owners Right To Repair Act. Provides for penalties for violations of the Motor Vehicle Owners Right To Repair Act; also provides that a violation of the Motor Vehicle Owners Right To Repair Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Motor Vehicle Owners Right To Repair Act.

Section 5. Definitions. In this Act, unless the content clearly requires otherwise:

"Authorized dealer" means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.

"Authorized motor vehicle repair facility" means a person or business that is associated with an authorized dealer or manufacturer and that is engaged in the diagnosis, service, maintenance, or repair of motor vehicles or motor vehicle engines.

"Independent motor vehicle repair facility" means a person or business that is not associated with a manufacturer's authorized dealer of motor vehicles and that is engaged in the diagnosis, service, maintenance, or repair of motor vehicles or motor vehicle engines.

"Manufacturer" means a person engaged in the business of manufacturing, assembling, or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble, or distribute to authorized dealers new motor vehicles.

"Model year" means: (i) the annual production period of a manufacturer, that includes January 1st of the calendar year; or (ii) the specific calendar year if the manufacturer does not have an annual production period.

"Motor vehicle owner" means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle, or the agent of such a person.

"Trade secret" means information, including, but not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, or process, financial data, or a list of actual or potential customers or suppliers, that:

(1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and

(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality.

Section 10. Applicability. This Act applies to all motor vehicles manufactured after model year 1994.

Section 15. Disclosure of information; permission to acquire tools.

(a) The manufacturer of any motor vehicle that is sold in this State shall promptly, upon request, provide to any independent motor vehicle repair facility in this State and to any motor vehicle owner all information related to the proper and complete diagnosis, service, maintenance, activation, certification, and repair of the vehicle, including all non-emission-related service information or training information.

(b) The manufacturer of any motor vehicle that is sold in this State shall promptly, upon request, permit any independent motor vehicle repair facility in this State to acquire any diagnostic tools relating to the proper and complete diagnosis, service, maintenance, activation, certification, and repair of the vehicle on a non-discriminatory basis, from a manufacturer of the tools that is similar to the manufacturer of similar tools made available to an authorized dealer or authorized motor vehicle repair facility of the manufacturer, and at a cost that is similar to the cost charged to an authorized dealer or authorized motor vehicle repair facility of the manufacturer.

(c) The manufacturer of any motor vehicle that is sold in this State shall promptly, upon request, provide aftermarket tool companies with diagnosis, service, maintenance, activation, certification, and repair information that will allow them to manufacture tools with the same functional characteristics as those tools made available by the manufacturer to an authorized dealer or authorized motor vehicle repair facility.

(d) The information that a manufacturer shall promptly, upon request, provide to any motor vehicle owner or independent motor vehicle repair facility shall include, but need not be limited to, the following:

(1) The same information relating to the diagnosis, service, maintenance, activation, certification, or repair of any motor vehicle sold in this State by the manufacturer that the manufacturer makes available to an authorized dealer or authorized motor vehicle repair facility. This information must be made available in the same form and in the same manner as it is made available to the repair facilities of an authorized dealer or authorized motor vehicle repair facility and must include all applicable information, including any diagnostic codes used to activate all controls that must be activated by the repair facility in order to diagnose, service, and repair the motor vehicle.

(2) The same diagnostic tools and software capabilities, including wireless capabilities, related to the diagnosis and repair of a motor vehicle that the manufacturer makes available to an authorized dealer or authorized motor vehicle repair facility. All diagnostic tools, wireless capabilities, and software capabilities must be made available for purchase at a reasonable and non-discriminatory price.

(3) Information necessary to integrate replacement equipment into the vehicle.

(4) Information about safety alerts, recalls, service bulletins, and the need for adjustments to maintain vehicle efficiency, safety, and convenience.

(5) Other information that is used to diagnose, service, repair, activate, certify, or install any equipment in a motor vehicle.

Section 20. Exemptions. Nothing in this Act requires a motor vehicle manufacturer to divulge information that is a trade secret. No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided, either directly or indirectly, to an authorized dealer or authorized motor vehicle repair facility.

Section 25. Civil remedies.

(a) A person who suffers actual damage as a result of any violation of any provision of this Act may bring a civil action against the person committing the violation in accordance with the Consumer Fraud and Deceptive Business Practices Act to enforce that provision. The action may be commenced in the county in which the person against whom it is brought resides, has his or her principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred. All remedies and rights granted to a consumer by the Consumer Fraud and Deceptive Business Practices Act shall be available to the consumer bringing such an action. The remedies and rights provided for in this Act are not exclusive, but cumulative, and all other applicable claims, including, but not limited to, those brought under the doctrine of equitable mortgage, are specifically preserved.

(b) Any person who violates this Act, in addition to any other penalty provided by law, is liable for a penalty of not more than $10,000 for the first offense and not more than $20,000 for each subsequent offense, plus attorney's fees.

(c) A violation of any provision of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or a State's Attorney by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Act.

Section 30. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act, or the Motor Vehicle Owners Right To Repair Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08; 96-863, eff. 1-19-10.)

Section 99. Effective date. This Act takes effect upon becoming law.