103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3601
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:



New Act
815 ILCS 505/2BBBB new

 Creates the Educational Technology Right to Repair Act. Provides that, for educational technology equipment and parts for educational technology 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 educational technology 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 educational technology equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of educational technology 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 28339 SPS 54718 b


 
 
A BILL FOR
 


HB3601LRB103 28339 SPS 54718 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 
5Educational Technology 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 educational technology equipment under the name 
14of the original equipment manufacturer, or other arrangement 
15with the original equipment manufacturer to offer such 
16services on behalf of the original equipment manufacturer. An 
17original equipment manufacturer who offers the services of 
18diagnosis, maintenance, or repair of its own educational 
19technology equipment, and who does not have an arrangement 
20with an unaffiliated individual or business, shall be 
21considered an authorized repair provider with respect to 
22educational technology equipment.
23 "Documentation" means any manual, diagram, reporting 
 
 
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1output, service code description, schematic diagram, security 
2codes, passwords, or other guidance or information used in 
3effecting the services of diagnosis, maintenance, or repair of 
4educational technology equipment.
5 "Educational technology equipment" means any 
6self-contained portable personal computer, including 
7accessories or attachments that come as standard equipment 
8with the computer, purchased by a publicly-funded school and 
9used by students at home or in the classroom. "Educational 
10technology equipment" does not include devices that are sold 
11through a retail seller or under a specific 
12business-to-business contract.
13 "Fair and reasonable terms" means making available parts, 
14tools, or documentation as follows:
15  (1) that documentation is made available by the 
16 original equipment manufacturer at no charge, except that, 
17 when the documentation is requested in physical printed 
18 form, a charge may be included for the reasonable, actual 
19 costs of preparing and sending the copy;
20  (2) that tools are made available by the original 
21 equipment manufacturer at no charge and without requiring 
22 authorization or internet access for use or operation of 
23 the tool, or imposing impediments to access or use of the 
24 tools to diagnose, maintain, or repair and enable full 
25 functionality of digital electronic equipment, or in a 
26 manner that impairs the efficient and cost-effective 
 
 
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1 performance of any the diagnosis, maintenance, or repair, 
2 except that, when the tool is requested in physical form, 
3 a charge may be included for the reasonable, actual costs 
4 of preparing and sending the tool; and
5  (3) that parts are made available by the original 
6 equipment manufacturer, either directly or through an 
7 authorized repair provider, to independents repair 
8 providers and owners at costs and terms that are 
9 equivalent to the most favorable costs and terms under 
10 which an original equipment manufacturer offers the parts 
11 to an authorized repair provider and that:
12   (A) accounts for any discount, rebate, convenient 
13 and timely means of delivery, means of enabling fully 
14 restored and updated functionality, rights of use, or 
15 other incentive and preference the original 
16 manufacturer offers to an authorized repair provider, 
17 or any additional cost, burden, or impediment the 
18 original equipment manufacturer imposes on an owner or 
19 independent repair provider;
20   (B) is not conditioned on or imposing a 
21 substantial obligation or restriction that is not 
22 reasonably necessary for enabling the owner or 
23 independent repair provider to engage in the 
24 diagnosis, maintenance, or repair of equipment made by 
25 or on behalf of the original equipment manufacturer; 
26 and
 
 
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1   (C) is not conditioned on an arrangement with the 
2 original equipment manufacturer.
3 "Independent repair provider" means an individual or 
4business operating in this State that is unaffiliated with an 
5original
equipment manufacturer that is engaged in the 
6services of diagnosis, maintenance, or repair of educational 
7technology equipment.
8 "Necessary software updates" means security updates to 
9patch exploits that, if left unaddressed, leave the user 
10vulnerable to cyber crime, bug fixes, patches, corrections, or 
11other modifications to Software which do not necessarily add 
12enhanced features or performance characteristics released by 
13the original equipment manufacturer or operating system 
14developer.
15 "Original equipment manufacturer" means a business engaged 
16in the business of selling, leasing, or otherwise supplying 
17new educational technology equipment manufactured by or on 
18behalf of itself, to any individual or business.
19 "Operating system" means a program that acts as the 
20interface between educational technology equipment's hardware 
21and its software, managing the resources of the equipment and 
22providing common services for computer programs.
23 "Operating system developer" means a business engaged in 
24the business of selling, leasing, licensing, or otherwise 
25supplying operating system executable code, embedded software, 
26or firmware for use by educational technology equipment by or 
 
 
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1on behalf of itself, to any individual or business.
2 "Part" means any replacement part, either new or used, 
3made available by an original equipment manufacturer for 
4purposes of effecting the services of maintenance or repair of 
5educational technology equipment manufactured by or on behalf 
6of, sold, or otherwise supplied by the original equipment 
7manufacturer.
8 "School" means an elementary or secondary school or 
9another entity which owns or leases educational technology 
10equipment for use by students in such an institution. It 
11includes personnel who manage and service educational 
12technology equipment in their official capacity at a school, 
13including, but not limited to, information technology 
14professionals and technology specialists.
15 "Tools" means any software program, hardware implement, or 
16other apparatus used for diagnosis, maintenance, or repair of 
17educational technology equipment, including software or other 
18mechanisms that provision, program, or pair a new part, 
19calibrate functionality, or perform any other function 
20required to bring the product back to fully functional 
21condition, including any updates.
22 "Trade secret" has the meaning given to that term in 
23subsection (d) of Section 2 of the Illinois Trade Secrets Act.

24 Section 10. Requirements.
25 (a) For educational technology equipment and parts for 
 
 
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1educational technology equipment that are sold or used in this 
2State, an original equipment manufacturer shall make available 
3to any independent repair provider and owner of educational 
4technology equipment manufactured by on behalf of, or sold by 
5such original equipment manufacturer, on fair and reasonable 
6terms, any documentation, parts, and tools, required for the 
7diagnosis, maintenance, or repair of educational technology 
8equipment and parts for educational technology equipment, 
9inclusive of any updates to information. The documentation 
10parts and tools shall be made available either directly by the 
11original equipment manufacturer or via an authorized repair 
12provider.
13 (b) For equipment that contains an electronic security 
14lock or other security-related function, the original 
15equipment manufacturer shall make available to any owner and 
16independent repair provider, on fair and reasonable terms, any 
17special documentation, tools, and parts needed to access and 
18reset the lock or function when disabled in the course of 
19diagnosis, maintenance, or repair of educational technology 
20equipment. The documentation, tools, and parts may be made 
21available through appropriate secure release systems.
22 (c) For educational technology equipment sold or used in 
23this State, an original equipment manufacturer shall provide 
24functional parts to effect the repair of equipment for at 
25least 10 years after the date a product model or type was 
26manufactured.
 
 
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1  (d) For educational technology equipment sold or used in 
2this State, an original equipment manufacturer operating 
3system developer shall provide necessary software updates of 
4equipment for at least 10 years after the date a product model 
5or type was manufactured.

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

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

7 Section 25. Exclusions. Nothing in this Act shall apply to 
8any smartphones, tablets without an attached keyboard, or 
9similar devices.

10 Section 30. Applicability. This Act applies with respect 
11to equipment sold or in use on or after the effective date of 
12this Act.


13 Section 90. The Consumer Fraud and Deceptive Business 
14Practices Act is amended by adding Section 2BBBB as follows:

15 (815 ILCS 505/2BBBB new)
16 Sec. 2BBBB. Violations of the Educational Technology Right 
17to Repair Act.  A person who violates the Educational 
18Technology Right to Repair Act commits an unlawful practice 
19within the meaning of this Act.


20 Section 99. Effective date. This Act takes effect January 
211, 2024.