103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3593
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:



New Act
815 ILCS 505/2BBBB new

 Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024.



LRB103 28492 SPS 54873 b


 
 
A BILL FOR
 


HB3593LRB103 28492 SPS 54873 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 Electronic Equipment Right to Repair Act.

6 Section 5. Definitions. As used in this Act:
7 "Authorized repair provider" means an individual or 
8business who has an arrangement with the original equipment 
9manufacturer under which the original equipment manufacturer 
10grants to the individual or business a license to use a trade 
11name, service mark, or other proprietary identifier for the 
12purposes of offering the services of diagnosis, maintenance, 
13or repair of digital electronic equipment under the name of 
14the original equipment manufacturer, or other arrangement with 
15the original equipment manufacturer to offer such services on 
16behalf of the original equipment manufacturer. An original 
17equipment manufacturer who offers the services of diagnosis, 
18maintenance, or repair of its own digital electronic 
19equipment, and who does not have an arrangement with an 
20unaffiliated individual or business, shall be considered an 
21authorized repair provider with respect to digital electronic 
22equipment.
23 "Digital electronic equipment" or "equipment" means any 
 
 
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1product that depends for its functioning, in whole or in part, 
2on digital electronics embedded in or attached to the product.
3 "Documentation" means any manual, diagram, reporting 
4output, service code description, schematic diagram, security 
5codes, passwords, or other guidance or information used in 
6effecting the services of diagnosis, maintenance, or repair of 
7digital electronic equipment.
8 "Fair and reasonable terms" means making available parts, 
9tools, or documentation as follows:
10  (1) that documentation is made available by the 
11 original equipment manufacturer at no charge, except that, 
12 when the documentation is requested in physical printed 
13 form, a charge may be included for the reasonable, actual 
14 costs of preparing and sending the copy;
15  (2) that tools are made available by the original 
16 equipment manufacturer at no charge and without requiring 
17 authorization or internet access for use or operation of 
18 the tool, or imposing impediments to access or use of the 
19 tools to diagnose, maintain, or repair and enable full 
20 functionality of digital electronic equipment, or in a 
21 manner that impairs the efficient and cost-effective 
22 performance of any such diagnosis, maintenance, or repair, 
23 except that, when the tool is requested in physical form, 
24 a charge may be included for the reasonable, actual costs 
25 of preparing and sending the tool; and
26  (3) that parts are made available by the original 
 
 
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1 equipment manufacturer, either directly or through an 
2 authorized repair provider, to independents repair 
3 providers and owners at costs and terms that are 
4 equivalent to the most favorable costs and terms under 
5 which an original equipment manufacturer offers the parts 
6 to an authorized repair provider and that:
7   (A) accounts for any discount, rebate, convenient 
8 and timely means of delivery, means of enabling fully 
9 restored and updated functionality, rights of use, or 
10 other incentive and preference the original 
11 manufacturer offers to an authorized repair provider, 
12 or any additional cost, burden, or impediment the 
13 original equipment manufacturer imposes on an owner or 
14 independent repair provider;
15   (B) is not conditioned on or imposing a 
16 substantial obligation or restriction that is not 
17 reasonably necessary for enabling the owner or 
18 independent repair provider to engage in the 
19 diagnosis, maintenance, or repair of equipment made by 
20 or on behalf of the original equipment manufacturer; 
21 and
22   (C) is not conditioned on an arrangement with the 
23 original equipment manufacturer.
24 "Independent repair provider" means an individual or 
25business operating in this State that is unaffiliated with an 
26original
equipment manufacturer that is engaged in the 
 
 
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1services of diagnosis, maintenance, or repair of digital 
2electronic equipment.
3 "Medical device" means an instrument, apparatus, 
4implement, machine, contrivance, implant, or other similar or 
5related article, including a component part, or accessory, 
6with a primary purpose (i) for use in the diagnosis of disease 
7or other conditions, or in the cure, mitigation,
treatment, or 
8prevention of disease, or (ii) intended to affect the 
9structure or any function of the body of man or other animals.
10 "Motor vehicle" means a vehicle that is designed for 
11transporting persons or property on a street or highway and is 
12certified by the manufacturer under all applicable federal 
13safety and emissions standards and requirements for 
14distribution and sale in the United States.
15 "Original equipment manufacturer" means a business engaged 
16in the business of selling, leasing,
or otherwise supplying 
17new digital electronic equipment manufactured by, or on behalf 
18of, itself,
to any individual or business.
19 "Owner" means an individual or business who owns or leases 
20digital electronic equipment purchased or used in this state.
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.
 
 
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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, including any updates.
8 "Trade secret" has the meaning given to that term in 
9subsection (d) of Section 2 of the Illinois Trade Secrets Act.

10 Section 10. Requirements.
11 (a) For digital electronic equipment and parts for such 
12equipment that are sold or used in this State, an original 
13equipment manufacturer shall make available to any independent 
14repair provider and owner of digital electronic equipment 
15manufactured by on behalf of, or sold by such original 
16equipment manufacturer, on fair and reasonable terms, any 
17documentation, parts, and tools, required for the diagnosis, 
18maintenance, or repair of the digital electronic equipment and 
19parts for the digital electronic equipment, inclusive of any 
20updates to information. The documentation parts and tools 
21shall be made available either directly by the original 
22equipment manufacturer or via an authorized repair provider.
23 (b) For equipment that contains an electronic security 
24lock or other security-related function, the original 
25equipment manufacturer shall make available to any owner and 
 
 
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1independent repair provider, on fair and reasonable terms, any 
2special documentation, tools, and parts needed to access and 
3reset the lock or function when disabled in the course of 
4diagnosis, maintenance, or repair of the digital electronic 
5equipment. The documentation, tools, and parts may be made 
6available through appropriate secure release systems.


7 Section 15. Enforcement by Attorney General. A violation 
8of any of the provisions of this Act is an unlawful practice 
9under the
Consumer Fraud and Deceptive Business Practices Act. 
10All remedies, penalties, and authority granted to the Attorney 
11General by that Act shall be available to
him or her for the 
12enforcement of this Act.

13 Section 20. Limitations.
14 (a) Nothing in this Act shall require an original 
15equipment manufacturer to divulge any trade secret to any 
16owner or independent service provider.
17 (b) Nothing in this Act shall alter the terms of any 
18arrangement in force between an authorized repair provider and 
19an original equipment manufacturer, including, but not limited 
20to, the performance or provision of warranty or recall repair 
21work by an authorized repair provider on behalf of an original 
22equipment manufacturer and pursuant to such arrangement, 
23except that any provision in such terms that purports to 
24waive, avoid, restrict or limit the original equipment 
 
 
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1manufacturer's obligations to comply with this Act shall be 
2void and unenforceable.
3 (c) No original equipment manufacturer or authorized 
4repair provider shall be liable for any damage or injury 
5caused to any digital electronic equipment by an independent 
6repair provider or owner which occurs during the course of 
7repair, diagnosis, or maintenance.

8 Section 25. Exclusions. 
9 (a) Nothing in this Act shall apply to a manufacturer, 
10distributor, importer or dealer of motor vehicles.
11 (b) Nothing in this Act shall apply to a manufacturer, 
12distributor, importer, or dealer of medical devices.
13 (c) Nothing in this Act shall apply to a manufacturer, 
14distributor, importer, or dealer of any off-road equipment, 
15including, but not limited to, farm and utility tractors, farm 
16implements, farm machinery, forestry equipment, industrial 
17equipment, utility equipment, construction equipment, compact 
18construction equipment, mining equipment, turf, yard and 
19garden equipment, outdoor power equipment, including portable 
20generators, marine, all-terrain sports and recreational 
21vehicles, including racing vehicles, stand-alone or integrated 
22stationary or mobile internal combustion engines, other power 
23sources, including without limitation, generator sets, 
24electric, battery, and fuel cell power, power tools, and any 
25tools, technology, attachments, accessories, components, and 
 
 
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1repair parts.

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


5 Section 90. The Consumer Fraud and Deceptive Business 
6Practices Act is amended by adding Section 2BBBB as follows:

7 (815 ILCS 505/2BBBB new)
8 Sec. 2BBBB. Violations of the Digital Electronic Equipment 
9Right to Repair Act.  A person who violates the Digital 
10Electronic Equipment Right to Repair Act commits an unlawful 
11practice within the meaning of this Act.


12 Section 99. Effective date. This Act takes effect January 
131, 2024.