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.



LRB102 13867 JLS 19218 b


 
 
A BILL FOR
 


HB3061LRB102 13867 JLS 19218 b



1 AN ACT concerning business.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the 
5Digital Right to Repair Act.

6 Section 5. Definitions. In this Act:
7 "Authorized repair provider" means an individual or 
8business that is unaffiliated with an original equipment 
9manufacturer and that has an arrangement with the original 
10equipment manufacturer, for a definite or indefinite period, 
11under which the original equipment manufacturer grants to the 
12individual or business a license to use a trade name, service 
13mark, or other proprietary identifier for the purposes of 
14offering the services of diagnosis, maintenance, or repair of 
15digital electronic equipment under the name of the original 
16equipment manufacturer, or other arrangement with the original 
17equipment manufacturer to offer such services on behalf of the 
18original equipment manufacturer. An original equipment 
19manufacturer that offers the services of diagnosis, 
20maintenance, or repair of its own digital electronic 
21equipment, and that does not have an arrangement described in 
22this subsection with an unaffiliated individual or business, 
23shall be considered an authorized repair provider with respect 
 
 
HB3061- 2 -LRB102 13867 JLS 19218 b


1to such equipment.
2 "Digital electronic equipment" or "equipment" means any 
3product that depends for its functioning, in whole or in part, 
4on digital electronics embedded in or attached to the product.
5 "Documentation" means any manual, diagram, reporting 
6output, service code description, schematic, or other guidance 
7or information used in effecting the services of diagnosis, 
8maintenance, or repair of digital electronic equipment. 
9 "Embedded software" means any programmable instructions 
10provided on firmware delivered with digital electronic 
11equipment, or with a part for such equipment, for purposes of 
12equipment operation, including all relevant patches and fixes 
13made by the manufacturer of such equipment or part for these 
14purposes. 
15 "Fair and reasonable terms" for obtaining a part or tool 
16or documentation means at costs and terms that are equivalent 
17to the most favorable costs and terms under which an original 
18equipment manufacturer offers the part, tool, or documentation 
19to 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;
 
 
HB3061- 3 -LRB102 13867 JLS 19218 b


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.

9 For documentation, including any relevant updates, "fair 
10and reasonable terms" also means at no charge, except that, 
11when the documentation is requested in physical printed form, 
12a charge may be included for the reasonable actual costs of 
13preparing and sending the copy. 
14 For software tools, "fair and reasonable terms" also means 
15at no charge and without requiring authorization or Internet 
16access or imposing impediments to access or use in the course 
17of effecting the diagnosis, maintenance, or repair and 
18enabling full functionality of digital electronic equipment, 
19in a manner that impairs the efficient and cost-effective 
20performance of any of those activities.
21 "Firmware" means a software program or set of instructions 
22programmed on digital electronic equipment, or on a part for 
23such equipment, to allow the equipment or part to communicate 
24within itself or with other computer hardware.
25 "Independent repair provider" means an individual or 
26business operating in this State that does not have an 
 
 
HB3061- 4 -LRB102 13867 JLS 19218 b


1arrangement as an authorized repair provider with an original 
2equipment manufacturer, is not affiliated with any individual 
3or business that has such an arrangement, and is engaged in the 
4services of diagnosis, maintenance, or repair of digital 
5electronic equipment, except that an original equipment 
6manufacturer or, with respect to that original equipment 
7manufacturer, an individual or business that has such an 
8arrangement with that original equipment manufacturer or that 
9is affiliated with an individual or business that has such an 
10arrangement with that original equipment manufacturer, shall 
11be considered an independent repair provider for purposes of 
12those instances in which it engages in the services of 
13diagnosis, maintenance, or repair of digital electronic 
14equipment that is not manufactured by or sold under the name of 
15that original equipment manufacturer. 
16 "Manufacturer of motor vehicle equipment" means a business 
17engaged in the business of manufacturing or supplying 
18components that are used in the manufacture, maintenance, or 
19repair of a motor vehicle.
20 "Motor vehicle" means a vehicle that is designed for 
21transporting persons or property on a street or highway and is 
22certified by the manufacturer under all applicable federal 
23safety and emissions standards and requirements for 
24distribution and sale in the United States. "Motor vehicle" 
25does not include: 
26  (1) a motorcycle; or
 
 
HB3061- 5 -LRB102 13867 JLS 19218 b


1  (2) a recreational vehicle or an auto home equipped 
2 for habitation.

3 "Motor vehicle dealer" means an individual or business 
4that, in the ordinary course of business, is engaged in the 
5business of selling or leasing new motor vehicles to an 
6individual or business pursuant to a franchise agreement, has 
7obtained a license under the Illinois Vehicle Code, and is 
8engaged in the services of diagnosis, maintenance, or repair 
9of motor vehicles or motor vehicle engines pursuant to that 
10franchise agreement. 
11 "Motor vehicle manufacturer" means a business engaged in 
12the business of manufacturing or assembling new motor 
13vehicles.
14 "Original equipment manufacturer" means a business engaged 
15in the business of selling, leasing, or otherwise supplying 
16new digital electronic equipment manufactured by or on behalf 
17of itself to any individual or business.

18 "Owner" means an individual or business that owns or 
19leases digital electronic equipment purchased or used in this 
20State.
21 "Part" means any replacement part, either new or used, 
22made available by an original equipment manufacturer for 
23purposes of effecting the services of maintenance or repair of 
24digital electronic equipment manufactured by or on behalf of, 
25sold, or otherwise supplied by the original equipment 
26manufacturer.

 
 
HB3061- 6 -LRB102 13867 JLS 19218 b


1 "Tools" means any software program, hardware implement, or 
2other apparatus used for diagnosis, maintenance, or repair of 
3digital electronic equipment, including software or other 
4mechanisms that provision, program, or pair a new part, 
5calibrate functionality, or perform any other function 
6required to bring the product back to fully functional 
7condition.
8 "Trade secret" has the meaning ascribed to that term in 
9the Illinois Trade Secrets Act.


10 Section 10. Availability of parts; requirements.
11 (a) For digital electronic equipment and parts for such 
12equipment sold or used in this State, an original equipment 
13manufacturer shall make available, for purposes of diagnosis, 
14maintenance, or repair of such equipment, to any independent 
15repair provider or to the owner of digital electronic 
16equipment manufactured by or on behalf of, or sold or 
17otherwise supplied by the original equipment manufacturer, on 
18fair and reasonable terms, documentation, parts, and tools, 
19inclusive of any updates to information or embedded software. 
20Nothing in this subsection requires an original equipment 
21manufacturer to make available a part if the part is no longer 
22available to the original equipment manufacturer. 
23 (b) For equipment that contains an electronic security 
24lock or other security-related function, the original 
25equipment manufacturer shall make available to the owner and 
 
 
HB3061- 7 -LRB102 13867 JLS 19218 b


1to independent repair providers, on fair and reasonable terms, 
2any special documentation, tools, and parts needed to disable 
3the lock or function, and to reset it when disabled in the 
4course of diagnosis, maintenance, or repair of the equipment. 
5Such documentation, tools, and parts may be made available by 
6means of an appropriate secure system.
7 (c) When the original equipment manufacturer has made an 
8express warranty with respect to digital electronic equipment 
9and the wholesale price of the equipment is $100 or more, the 
10manufacturer shall provide such parts, tools, and 
11documentation as needed to enable the repair of the equipment 
12during the warranty period, at an equitable price and 
13convenience of delivery and of enabling functionality, in 
14light 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 
24any of the provisions of this Act is an unlawful practice under 
25the Consumer Fraud and Deceptive Business Practices Act. All 
 
 
HB3061- 8 -LRB102 13867 JLS 19218 b


1remedies, penalties, and authority granted to the Attorney 
2General by that Act shall be available to him or her for the 
3enforcement of this Act.

4 Section 20. Limitations.
5 (a) Nothing in this Act shall be construed to require an 
6original equipment manufacturer to divulge a trade secret to 
7an owner or an independent service provider except as 
8necessary to provide documentation, parts, and tools on fair 
9and reasonable terms.
10 (b) No provision in this Act shall be construed to alter 
11the terms of any arrangement in force between an authorized 
12repair provider and an original equipment manufacturer, 
13including, but not limited to, the performance or provision of 
14warranty or recall repair work by an authorized repair 
15provider on behalf of an original equipment manufacturer 
16pursuant to such arrangement, except that any provision in 
17such terms that purports to waive, avoid, restrict, or limit 
18the original equipment manufacturer's obligations to comply 
19with this Act shall be void and unenforceable.

20 Section 25. Exclusions. Nothing in this Act applies to a 
21motor vehicle manufacturer, manufacturer of motor vehicle 
22equipment, or motor vehicle dealer acting in that capacity, or 
23to any product or service of a motor vehicle manufacturer, 
24manufacturer of motor vehicle equipment, or motor vehicle 
 
 
HB3061- 9 -LRB102 13867 JLS 19218 b


1dealer acting in that capacity.

2 Section 30. Applicability. This Act applies with respect 
3to equipment sold or in use on or after the effective date of 
4this Act.

5 Section 99. Effective date. This Act takes effect January 
61, 2022.