SB2680 103RD GENERAL ASSEMBLY

LRB103 34281 SPS 64107 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2680

Introduced 1/10/2024, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025.

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 Right to Repair Act.

Section 5. Definitions. As used in this Act:

"Antenna" includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of an electronic set and shall be considered to be located outside or in the attic of a residence.

"Appliance" or "major home appliance" includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.

"Authorized repair provider" means an individual or business who is unaffiliated with a manufacturer and who has an arrangement with the manufacturer under which the manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier to offer the service of diagnosis, maintenance, or repair services for electronic or appliance products under the name of the manufacturer, or other arrangement with the manufacturer to offer diagnostic, maintenance, or repair services for electronic or appliance products on behalf of the manufacturer. A manufacturer who offers the service of diagnosis, maintenance, or repair services for the manufacturer's electronic or appliance products is considered an authorized repair provider with respect to the electronic or appliance products if the manufacturer does not have an arrangement with an unaffiliated individual or business.

"Documentation" means manual, diagram, reporting output, service code description, schematic, or similar information that is provided by a manufacturer to an authorized repair provider, or that is for use by the manufacturer if the manufacturer does not have any authorized repair providers, for purposes of effecting the services of diagnosis, maintenance, or repair of the electronic or appliance product.

"Electronic or appliance product" or "product" means a product manufactured for the first time and first sold or used in Illinois on or after July 1, 2021, for which the manufacturer makes available tools, parts, and documentation to authorized repair providers, and includes products that are sold to schools, businesses, local governments, or in other methods outside of direct retail sale. "Electronic or appliance product" or "product" includes an electronic set, appliance or major home appliance, antenna, or rotator.

"Electronic or appliance product" or "product" does not include a product or component of an alarm system, including a fire protection system, or a video game console.

"Electronic set" includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine normally used or sold for personal, family, household, or home office use.

"Fair and reasonable terms" means making available parts, tools, or documentation as follows:

(1) that terms are equivalent to the most favorable costs and terms under which the manufacturer offers the part, tool, or documentation to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer offers to an authorized repair provider;

(2) that documentation, including any relevant updates, is made available at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy; and

(3) that the tools are made available by the manufacturer at no charge and without imposing impediments to access or use of the tools to diagnose, maintain, or repair and enable full functionality of the product, or in a manner that impairs the efficient and cost-effective performance of any such diagnosis, maintenance, or repair, except that, when a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool.

If a manufacturer does not use an authorized repair provider, "fair and reasonable terms" means at a price that reflects the actual cost to the manufacturer to prepare and deliver the part, tool, or documentation, exclusive of any research and development costs incurred.

"Part" means any replacement part or assembly of parts, either new or used, made available by a manufacturer of an electronic or appliance product to an authorized repair provider to facilitate the maintenance or repair of a product sold by the manufacturer.

"Rotator" includes, but is not limited to, when used in connection with an antenna installation or repair, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of an electronic set and shall be considered, with the exception of the directional control unit, to be located outside or in the attic of a residence.

"Service dealer" means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:

(1) repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use;

(2) installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles;

(3) installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence; or

(4) repairing, servicing, or maintaining major appliances.

"Tool" means any software program, hardware implement, or other apparatus made available by a manufacturer of an electronic or appliance product to an authorized repair provider for the diagnosis, maintenance, or repair of the product, including software or other mechanisms that provision, program, pair apart, provide or calibrate functionality, or perform any other function required to repair the product or part back to fully functional condition, including any updates.

"Trade secret" has the meaning given to that term in subsection (d) of Section 2 of the Illinois Trade Secrets Act.

"Video game console" means a computing device, including its components and peripherals, that is primarily used by consumers for playing video games, such as a console machine, a handheld console device, or another device or system. "Video game console" does not include a general or an all-purpose computer, which includes, but is not limited to, a desktop computer, laptop, tablet, or cell phone.

Section 10. Right to repair.

(a) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price or direct sales price of more than $50 and less than $100 shall make service and repair facilities available to owners of the product. The manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for at least 3 years after the last date a product model or type was manufactured, regardless of whether the 3-year period exceeds the warranty period for the product.

(b) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price or direct sales price of $100 or more shall make service and repair facilities available to owners of the product. The manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for at least 7 years after the last date a product model or type was manufactured, regardless of whether the 7-year period exceeds the warranty period for the product.

(c) A service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product.

(d) No manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner, including, but not limited to, any of the following:

(1) any indirect, incidental, special, or consequential damages;

(2) any loss of data, privacy, or profits; and

(3) any inability to use or reduced functionality of the electronic or appliance product.

This subsection does not apply to a design defect or manufacturing flaw that existed prior to, or independent of, the repair, diagnosis, maintenance, or modification performed pursuant to this Section.

(e) If a manufacturer is considered an authorized repair provider, this Section shall not require the manufacturer to make available either of the following:

(1) documentation or tools that the manufacturer itself uses only to perform, at no cost, diagnostic services through telephone, Internet, chat, email, or other similar means that do not involve the manufacturer physically handling the customer's electronic or appliance product, unless the manufacturer also makes the documentation or tools available to an individual or business that is unaffiliated with the manufacturer; or

(2) documentation or tools used exclusively for repairs completed by machines that operate on several electronic or appliance products simultaneously, if the manufacturer makes available to owners of the product, service and repair facilities, and service dealers sufficient alternative documentation and tools to effect the diagnosis, maintenance, or repair of the electronic or appliance product.

(f) This Section does not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer.

(g) Nothing in this Section shall require a manufacturer:

(1) to divulge a trade secret or license any intellectual property, including copyrights or patents;

(2) to distribute a product's source code;

(3) to make available special documentation, tools, and parts that would disable or override antitheft security measures set by the owner of the product without the owner's authorization; or

(4) to sell service parts if the service parts are no longer provided by the manufacturer or made available to an authorized repair provider.

Section 15. Violations.

(a) A unit of local government or the State may bring an action in circuit court to impose civil liability on a person or entity that knowingly violates this Act, or reasonably should have known that it violated this Act, in the amount of $1,000 per day for the first violation of this Act, $2,000 per day for the second violation, and $5,000 per day for the third and subsequent violations. Any action described in this subsection shall be commenced within 3 years after the date of the alleged violation.

(b) Any civil penalties collected under subsection (a) shall be paid to the office of the unit of local government or the Attorney General, whichever brought the action.

Section 99. Effective date. This Act takes effect July 1, 2025.