Bill Text: IL HB3061 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Digital Fair Repair Act. Provides that original equipment manufacturers shall: (i) make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer the same diagnostic and repair documentation in the same manner as that information is made available to the manufacturer's authorized repair providers; and (ii) make available for purchase by the owner, his or her authorized agent, or any independent repair provider parts, inclusive of any updates to the embedded software of the parts, upon fair and reasonable terms. Requires manufacturers to make parts, tools, and documentation available when digital equipment is under an express warranty. Provides that a violation constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Authorizes enforcement by the Attorney General. Defines terms. Excludes motor vehicle manufacturers. Effective January 1, 2022.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB3061 Detail]

Download: Illinois-2021-HB3061-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3061 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
New Act
Creates the Digital Fair Repair Act. Provides that original equipment manufacturers shall: (i) make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer the same diagnostic and repair documentation in the same manner as that information is made available to the manufacturer's authorized repair providers; and (ii) make available for purchase by the owner, his or her authorized agent, or any independent repair provider parts, inclusive of any updates to the embedded software of the parts, upon fair and reasonable terms. Requires manufacturers to make parts, tools, and documentation available when digital equipment is under an express warranty. Provides that a violation constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Authorizes enforcement by the Attorney General. Defines terms. Excludes motor vehicle manufacturers. Effective January 1, 2022.
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A BILL FOR
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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
Digital Right to Repair Act.
Section 5. Definitions. In this Act:
"Authorized repair provider" means an individual or
business that is unaffiliated with an original equipment
manufacturer and that has an arrangement with the original
equipment manufacturer, for a definite or indefinite period,
under which the original equipment manufacturer grants to the
individual or business a license to use a trade name, service
mark, or other proprietary identifier for the purposes of
offering the services of diagnosis, maintenance, or repair of
digital electronic equipment under the name of the original
equipment manufacturer, or other arrangement with the original
equipment manufacturer to offer such services on behalf of the
original equipment manufacturer. An original equipment
manufacturer that offers the services of diagnosis,
maintenance, or repair of its own digital electronic
equipment, and that does not have an arrangement described in
this subsection with an unaffiliated individual or business,
shall be considered an authorized repair provider with respect

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to such equipment.
"Digital electronic equipment" or "equipment" means any
product that depends for its functioning, in whole or in part,
on digital electronics embedded in or attached to the product.
"Documentation" means any manual, diagram, reporting
output, service code description, schematic, or other guidance
or information used in effecting the services of diagnosis,
maintenance, or repair of digital electronic equipment.
"Embedded software" means any programmable instructions
provided on firmware delivered with digital electronic
equipment, or with a part for such equipment, for purposes of
equipment operation, including all relevant patches and fixes
made by the manufacturer of such equipment or part for these
purposes.
"Fair and reasonable terms" for obtaining a part or tool
or documentation means at costs and terms that are equivalent
to the most favorable costs and terms under which an original
equipment manufacturer offers the part, tool, or documentation
to an authorized repair provider:
(1) accounting for any discount, rebate, convenient
means of delivery, means of enabling fully restored and
updated functionality, rights of use, or other incentive
or preference the original equipment manufacturer offers
to an authorized repair provider, or any additional cost,
burden, or impediment the original equipment manufacturer
imposes on an independent repair provider;

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(2) that are not conditioned on or imposing a
substantial obligation or restriction that is not
reasonably necessary for enabling the owner or independent
repair provider to engage in the diagnosis, maintenance,
or repair of digital electronic equipment made by or on
behalf of the original equipment manufacturer; and
(3) that are not conditioned on an arrangement as an
authorized repair provider.
For documentation, including any relevant updates, "fair
and reasonable terms" also means 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.
For software tools, "fair and reasonable terms" also means
at no charge and without requiring authorization or Internet
access or imposing impediments to access or use in the course
of effecting the diagnosis, maintenance, or repair and
enabling full functionality of digital electronic equipment,
in a manner that impairs the efficient and cost-effective
performance of any of those activities.
"Firmware" means a software program or set of instructions
programmed on digital electronic equipment, or on a part for
such equipment, to allow the equipment or part to communicate
within itself or with other computer hardware.
"Independent repair provider" means an individual or
business operating in this State that does not have an

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arrangement as an authorized repair provider with an original
equipment manufacturer, is not affiliated with any individual
or business that has such an arrangement, and is engaged in the
services of diagnosis, maintenance, or repair of digital
electronic equipment, except that an original equipment
manufacturer or, with respect to that original equipment
manufacturer, an individual or business that has such an
arrangement with that original equipment manufacturer or that
is affiliated with an individual or business that has such an
arrangement with that original equipment manufacturer, shall
be considered an independent repair provider for purposes of
those instances in which it engages in the services of
diagnosis, maintenance, or repair of digital electronic
equipment that is not manufactured by or sold under the name of
that original equipment manufacturer.
"Manufacturer of motor vehicle equipment" means a business
engaged in the business of manufacturing or supplying
components that are used in the manufacture, maintenance, or
repair of a motor vehicle.
"Motor vehicle" means a vehicle that is designed for
transporting persons or property on a street or highway and is
certified by the manufacturer under all applicable federal
safety and emissions standards and requirements for
distribution and sale in the United States. "Motor vehicle"
does not include:
(1) a motorcycle; or

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(2) a recreational vehicle or an auto home equipped
for habitation.
"Motor vehicle dealer" means an individual or business
that, in the ordinary course of business, is engaged in the
business of selling or leasing new motor vehicles to an
individual or business pursuant to a franchise agreement, has
obtained a license under the Illinois Vehicle Code, and is
engaged in the services of diagnosis, maintenance, or repair
of motor vehicles or motor vehicle engines pursuant to that
franchise agreement.
"Motor vehicle manufacturer" means a business engaged in
the business of manufacturing or assembling new motor
vehicles.
"Original equipment manufacturer" means a business engaged
in the business of selling, leasing, or otherwise supplying
new digital electronic equipment manufactured by or on behalf
of itself to any individual or business.
"Owner" means an individual or business that owns or
leases digital electronic equipment purchased or used in this
State.
"Part" means any replacement part, either new or used,
made available by an original equipment manufacturer for
purposes of effecting the services of maintenance or repair of
digital electronic equipment manufactured by or on behalf of,
sold, or otherwise supplied by the original equipment
manufacturer.

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"Tools" means any software program, hardware implement, or
other apparatus used for diagnosis, maintenance, or repair of
digital electronic equipment, including software or other
mechanisms that provision, program, or pair a new part,
calibrate functionality, or perform any other function
required to bring the product back to fully functional
condition.
"Trade secret" has the meaning ascribed to that term in
the Illinois Trade Secrets Act.
Section 10. Availability of parts; requirements.
(a) For digital electronic equipment and parts for such
equipment sold or used in this State, an original equipment
manufacturer shall make available, for purposes of diagnosis,
maintenance, or repair of such equipment, to any independent
repair provider or to the owner of digital electronic
equipment manufactured by or on behalf of, or sold or
otherwise supplied by the original equipment manufacturer, on
fair and reasonable terms, documentation, parts, and tools,
inclusive of any updates to information or embedded software.
Nothing in this subsection requires an original equipment
manufacturer to make available a part if the part is no longer
available to the original equipment manufacturer.
(b) For equipment that contains an electronic security
lock or other security-related function, the original
equipment manufacturer shall make available to the owner and

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to independent repair providers, on fair and reasonable terms,
any special documentation, tools, and parts needed to disable
the lock or function, and to reset it when disabled in the
course of diagnosis, maintenance, or repair of the equipment.
Such documentation, tools, and parts may be made available by
means of an appropriate secure system.
(c) When the original equipment manufacturer has made an
express warranty with respect to digital electronic equipment
and the wholesale price of the equipment is $100 or more, the
manufacturer shall provide such parts, tools, and
documentation as needed to enable the repair of the equipment
during the warranty period, at an equitable price and
convenience of delivery and of enabling functionality, in
light of:
(1) the actual cost to the original equipment
manufacturer to prepare and distribute the part, tool, or
documentation, exclusive of any research and development
costs incurred;
(2) the ability of owners and independent repair
providers to afford the part, tool, or documentation; and
(3) the means by which the part, tool, or
documentation is distributed.
Section 15. Enforcement by Attorney General. Violation of
any of the provisions of this Act is an unlawful practice under
the Consumer Fraud and Deceptive Business Practices Act. All

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remedies, penalties, and authority granted to the Attorney
General by that Act shall be available to him or her for the
enforcement of this Act.
Section 20. Limitations.
(a) Nothing in this Act shall be construed to require an
original equipment manufacturer to divulge a trade secret to
an owner or an independent service provider except as
necessary to provide documentation, parts, and tools on fair
and reasonable terms.
(b) No provision in this Act shall be construed to alter
the terms of any arrangement in force between an authorized
repair provider and an original equipment manufacturer,
including, but not limited to, the performance or provision of
warranty or recall repair work by an authorized repair
provider on behalf of an original equipment manufacturer
pursuant to such arrangement, except that any provision in
such terms that purports to waive, avoid, restrict, or limit
the original equipment manufacturer's obligations to comply
with this Act shall be void and unenforceable.
Section 25. Exclusions. Nothing in this Act applies to a
motor vehicle manufacturer, manufacturer of motor vehicle
equipment, or motor vehicle dealer acting in that capacity, or
to any product or service of a motor vehicle manufacturer,
manufacturer of motor vehicle equipment, or motor vehicle

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dealer acting in that capacity.
Section 30. Applicability. This Act applies with respect
to equipment sold or in use on or after the effective date of
this Act.
Section 99. Effective date. This Act takes effect January
1, 2022.