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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Digital Right to Repair Act. | |||||||||||||||||||
6 | Section 5. Definitions. In this Act: | |||||||||||||||||||
7 | "Authorized repair provider" means an individual or | |||||||||||||||||||
8 | business that is unaffiliated with an original equipment | |||||||||||||||||||
9 | manufacturer and that has an arrangement with the original | |||||||||||||||||||
10 | equipment manufacturer, for a definite or indefinite period, | |||||||||||||||||||
11 | under which the original equipment manufacturer grants to the | |||||||||||||||||||
12 | individual or business a license to use a trade name, service | |||||||||||||||||||
13 | mark, or other proprietary identifier for the purposes of | |||||||||||||||||||
14 | offering the services of diagnosis, maintenance, or repair of | |||||||||||||||||||
15 | digital electronic equipment under the name of the original | |||||||||||||||||||
16 | equipment manufacturer, or other arrangement with the original | |||||||||||||||||||
17 | equipment manufacturer to offer such services on behalf of the | |||||||||||||||||||
18 | original equipment manufacturer. An original equipment | |||||||||||||||||||
19 | manufacturer that offers the services of diagnosis, | |||||||||||||||||||
20 | maintenance, or repair of its own digital electronic | |||||||||||||||||||
21 | equipment, and that does not have an arrangement described in | |||||||||||||||||||
22 | this subsection with an unaffiliated individual or business, | |||||||||||||||||||
23 | shall be considered an authorized repair provider with respect |
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1 | to such equipment. | ||||||
2 | "Digital electronic equipment" or "equipment" means any | ||||||
3 | product that depends for its functioning, in whole or in part, | ||||||
4 | on digital electronics embedded in or attached to the product. | ||||||
5 | "Documentation" means any manual, diagram, reporting | ||||||
6 | output, service code description, schematic, or other guidance | ||||||
7 | or information used in effecting the services of diagnosis, | ||||||
8 | maintenance, or repair of digital electronic equipment. | ||||||
9 | "Embedded software" means any programmable instructions | ||||||
10 | provided on firmware delivered with digital electronic | ||||||
11 | equipment, or with a part for such equipment, for purposes of | ||||||
12 | equipment operation, including all relevant patches and fixes | ||||||
13 | made by the manufacturer of such equipment or part for these | ||||||
14 | purposes. | ||||||
15 | "Fair and reasonable terms" for obtaining a part or tool | ||||||
16 | or documentation means at costs and terms that are equivalent | ||||||
17 | to the most favorable costs and terms under which an original | ||||||
18 | equipment manufacturer offers the part, tool, or documentation | ||||||
19 | to an authorized repair provider: | ||||||
20 | (1) accounting for any discount, rebate, convenient | ||||||
21 | means of delivery, means of enabling fully restored and | ||||||
22 | updated functionality, rights of use, or other incentive | ||||||
23 | or preference the original equipment manufacturer offers | ||||||
24 | to an authorized repair provider, or any additional cost, | ||||||
25 | burden, or impediment the original equipment manufacturer | ||||||
26 | imposes on an independent repair provider; |
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1 | (2) that are not conditioned on or imposing a | ||||||
2 | substantial obligation or restriction that is not | ||||||
3 | reasonably necessary for enabling the owner or independent | ||||||
4 | repair provider to engage in the diagnosis, maintenance, | ||||||
5 | or repair of digital electronic equipment made by or on | ||||||
6 | behalf of the original equipment manufacturer; and | ||||||
7 | (3) that are not conditioned on an arrangement as an | ||||||
8 | authorized repair provider.
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9 | For documentation, including any relevant updates, "fair | ||||||
10 | and reasonable terms" also means at no charge, except that, | ||||||
11 | when the documentation is requested in physical printed form, | ||||||
12 | a charge may be included for the reasonable actual costs of | ||||||
13 | preparing and sending the copy. | ||||||
14 | For software tools, "fair and reasonable terms" also means | ||||||
15 | at no charge and without requiring authorization or Internet | ||||||
16 | access or imposing impediments to access or use in the course | ||||||
17 | of effecting the diagnosis, maintenance, or repair and | ||||||
18 | enabling full functionality of digital electronic equipment, | ||||||
19 | in a manner that impairs the efficient and cost-effective | ||||||
20 | performance of any of those activities. | ||||||
21 | "Firmware" means a software program or set of instructions | ||||||
22 | programmed on digital electronic equipment, or on a part for | ||||||
23 | such equipment, to allow the equipment or part to communicate | ||||||
24 | within itself or with other computer hardware. | ||||||
25 | "Independent repair provider" means an individual or | ||||||
26 | business operating in this State that does not have an |
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1 | arrangement as an authorized repair provider with an original | ||||||
2 | equipment manufacturer, is not affiliated with any individual | ||||||
3 | or business that has such an arrangement, and is engaged in the | ||||||
4 | services of diagnosis, maintenance, or repair of digital | ||||||
5 | electronic equipment, except that an original equipment | ||||||
6 | manufacturer or, with respect to that original equipment | ||||||
7 | manufacturer, an individual or business that has such an | ||||||
8 | arrangement with that original equipment manufacturer or that | ||||||
9 | is affiliated with an individual or business that has such an | ||||||
10 | arrangement with that original equipment manufacturer, shall | ||||||
11 | be considered an independent repair provider for purposes of | ||||||
12 | those instances in which it engages in the services of | ||||||
13 | diagnosis, maintenance, or repair of digital electronic | ||||||
14 | equipment that is not manufactured by or sold under the name of | ||||||
15 | that original equipment manufacturer. | ||||||
16 | "Manufacturer of motor vehicle equipment" means a business | ||||||
17 | engaged in the business of manufacturing or supplying | ||||||
18 | components that are used in the manufacture, maintenance, or | ||||||
19 | repair of a motor vehicle. | ||||||
20 | "Motor vehicle" means a vehicle that is designed for | ||||||
21 | transporting persons or property on a street or highway and is | ||||||
22 | certified by the manufacturer under all applicable federal | ||||||
23 | safety and emissions standards and requirements for | ||||||
24 | distribution and sale in the United States. "Motor vehicle" | ||||||
25 | does not include: | ||||||
26 | (1) a motorcycle; or |
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1 | (2) a recreational vehicle or an auto home equipped | ||||||
2 | for habitation.
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3 | "Motor vehicle dealer" means an individual or business | ||||||
4 | that, in the ordinary course of business, is engaged in the | ||||||
5 | business of selling or leasing new motor vehicles to an | ||||||
6 | individual or business pursuant to a franchise agreement, has | ||||||
7 | obtained a license under the Illinois Vehicle Code, and is | ||||||
8 | engaged in the services of diagnosis, maintenance, or repair | ||||||
9 | of motor vehicles or motor vehicle engines pursuant to that | ||||||
10 | franchise agreement. | ||||||
11 | "Motor vehicle manufacturer" means a business engaged in | ||||||
12 | the business of manufacturing or assembling new motor | ||||||
13 | vehicles. | ||||||
14 | "Original equipment manufacturer" means a business engaged | ||||||
15 | in the business of selling, leasing, or otherwise supplying | ||||||
16 | new digital electronic equipment manufactured by or on behalf | ||||||
17 | of itself to any individual or business.
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18 | "Owner" means an individual or business that owns or | ||||||
19 | leases digital electronic equipment purchased or used in this | ||||||
20 | State. | ||||||
21 | "Part" means any replacement part, either new or used, | ||||||
22 | made available by an original equipment manufacturer for | ||||||
23 | purposes of effecting the services of maintenance or repair of | ||||||
24 | digital electronic equipment manufactured by or on behalf of, | ||||||
25 | sold, or otherwise supplied by the original equipment | ||||||
26 | manufacturer.
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1 | "Tools" means any software program, hardware implement, or | ||||||
2 | other apparatus used for diagnosis, maintenance, or repair of | ||||||
3 | digital electronic equipment, including software or other | ||||||
4 | mechanisms that provision, program, or pair a new part, | ||||||
5 | calibrate functionality, or perform any other function | ||||||
6 | required to bring the product back to fully functional | ||||||
7 | condition. | ||||||
8 | "Trade secret" has the meaning ascribed to that term in | ||||||
9 | the Illinois Trade Secrets Act.
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10 | Section 10. Availability of parts; requirements. | ||||||
11 | (a) For digital electronic equipment and parts for such | ||||||
12 | equipment sold or used in this State, an original equipment | ||||||
13 | manufacturer shall make available, for purposes of diagnosis, | ||||||
14 | maintenance, or repair of such equipment, to any independent | ||||||
15 | repair provider or to the owner of digital electronic | ||||||
16 | equipment manufactured by or on behalf of, or sold or | ||||||
17 | otherwise supplied by the original equipment manufacturer, on | ||||||
18 | fair and reasonable terms, documentation, parts, and tools, | ||||||
19 | inclusive of any updates to information or embedded software. | ||||||
20 | Nothing in this subsection requires an original equipment | ||||||
21 | manufacturer to make available a part if the part is no longer | ||||||
22 | available to the original equipment manufacturer. | ||||||
23 | (b) For equipment that contains an electronic security | ||||||
24 | lock or other security-related function, the original | ||||||
25 | equipment manufacturer shall make available to the owner and |
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1 | to independent repair providers, on fair and reasonable terms, | ||||||
2 | any special documentation, tools, and parts needed to disable | ||||||
3 | the lock or function, and to reset it when disabled in the | ||||||
4 | course of diagnosis, maintenance, or repair of the equipment. | ||||||
5 | Such documentation, tools, and parts may be made available by | ||||||
6 | means of an appropriate secure system. | ||||||
7 | (c) When the original equipment manufacturer has made an | ||||||
8 | express warranty with respect to digital electronic equipment | ||||||
9 | and the wholesale price of the equipment is $100 or more, the | ||||||
10 | manufacturer shall provide such parts, tools, and | ||||||
11 | documentation as needed to enable the repair of the equipment | ||||||
12 | during the warranty period, at an equitable price and | ||||||
13 | convenience of delivery and of enabling functionality, in | ||||||
14 | light of: | ||||||
15 | (1) the actual cost to the original equipment | ||||||
16 | manufacturer to prepare and distribute the part, tool, or | ||||||
17 | documentation, exclusive of any research and development | ||||||
18 | costs incurred; | ||||||
19 | (2) the ability of owners and independent repair | ||||||
20 | providers to afford the part, tool, or documentation; and | ||||||
21 | (3) the means by which the part, tool, or | ||||||
22 | documentation is distributed. | ||||||
23 | Section 15. Enforcement by Attorney General. Violation of | ||||||
24 | any of the provisions of this Act is an unlawful practice under | ||||||
25 | the Consumer Fraud and Deceptive Business Practices Act. All |
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1 | remedies, penalties, and authority granted to the Attorney | ||||||
2 | General by that Act shall be available to him or her for the | ||||||
3 | enforcement of this Act. | ||||||
4 | Section 20. Limitations. | ||||||
5 | (a) Nothing in this Act shall be construed to require an | ||||||
6 | original equipment manufacturer to divulge a trade secret to | ||||||
7 | an owner or an independent service provider except as | ||||||
8 | necessary to provide documentation, parts, and tools on fair | ||||||
9 | and reasonable terms. | ||||||
10 | (b) No provision in this Act shall be construed to alter | ||||||
11 | the terms of any arrangement in force between an authorized | ||||||
12 | repair provider and an original equipment manufacturer, | ||||||
13 | including, but not limited to, the performance or provision of | ||||||
14 | warranty or recall repair work by an authorized repair | ||||||
15 | provider on behalf of an original equipment manufacturer | ||||||
16 | pursuant to such arrangement, except that any provision in | ||||||
17 | such terms that purports to waive, avoid, restrict, or limit | ||||||
18 | the original equipment manufacturer's obligations to comply | ||||||
19 | with this Act shall be void and unenforceable. | ||||||
20 | Section 25. Exclusions. Nothing in this Act applies to a | ||||||
21 | motor vehicle manufacturer, manufacturer of motor vehicle | ||||||
22 | equipment, or motor vehicle dealer acting in that capacity, or | ||||||
23 | to any product or service of a motor vehicle manufacturer, | ||||||
24 | manufacturer of motor vehicle equipment, or motor vehicle |
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1 | dealer acting in that capacity. | ||||||
2 | Section 30. Applicability. This Act applies with respect | ||||||
3 | to equipment sold or in use on or after the effective date of | ||||||
4 | this Act. | ||||||
5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2022.
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