Bill Text: IL HB3602 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-07-17 - Added Co-Sponsor Rep. Lindsey LaPointe [HB3602 Detail]

Download: Illinois-2023-HB3602-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3602 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2BBBB new
Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, 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 powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. 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 28528 SPS 54909 b
A BILL FOR
HB3602 LRB103 28528 SPS 54909 b
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
Powered Wheelchair Right to Repair Act.
Section 5. Definitions. As used in this Act:
"Authorized repair provider" means an individual or
business who has an arrangement with the original equipment
manufacturer 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 a powered wheelchair 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 who offers the services of diagnosis,
maintenance, or repair of its own powered wheelchair, and who
does not have an arrangement with an unaffiliated individual
or business, shall be considered an authorized repair provider
with respect to powered wheelchairs.
"Documentation" means any manual, diagram, reporting
output, service code description, schematic diagram, security

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codes, passwords, or other guidance or information used in
effecting the services of diagnosis, maintenance, or repair of
a powered wheelchair.
"Fair and reasonable terms" means making available parts,
tools, or documentation as follows:
(1) that documentation is made available by the
original equipment manufacturer 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;
(2) that tools are made available by the original
equipment manufacturer at no charge and without requiring
authorization or internet access for use or operation of
the tool, or imposing impediments to access or use of the
tools to diagnose, maintain, or repair and enable full
functionality of digital electronic equipment, or in a
manner that impairs the efficient and cost-effective
performance of any such diagnosis, maintenance, or repair,
except that, when the tool is requested in physical form,
a charge may be included for the reasonable, actual costs
of preparing and sending the tool; and
(3) that parts are made available by the original
equipment manufacturer, either directly or through an
authorized repair provider, to independents repair
providers and owners at costs and terms that are
equivalent to the most favorable costs and terms under

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which an original equipment manufacturer offers the parts
to an authorized repair provider and that:
(A) accounts for any discount, rebate, convenient
and timely means of delivery, means of enabling fully
restored and updated functionality, rights of use, or
other incentive and preference the original
manufacturer offers to an authorized repair provider,
or any additional cost, burden, or impediment the
original equipment manufacturer imposes on an owner or
independent repair provider;
(B) is 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 equipment made by
or on behalf of the original equipment manufacturer;
and
(C) is not conditioned on an arrangement with the
original equipment manufacturer.
"Independent repair provider" means an individual or
business operating in this State that is unaffiliated with an
original equipment manufacturer that is engaged in the
services of diagnosis, maintenance, or repair of powered
wheelchairs.
"Original equipment manufacturer" means a business engaged
in the business of selling, leasing, or otherwise supplying

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new powered wheelchairs manufactured by, or on behalf of,
itself, to any individual or business.
"Owner" means an individual or business who owns or leases
a powered wheelchair 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
a powered wheelchair manufactured by or on behalf of, sold, or
otherwise supplied by the original equipment manufacturer.
"Powered wheelchair" means a motorized wheeled device
designed for use by a person with a physical disability.
"Tools" means any software program, hardware implement, or
other apparatus used for diagnosis, maintenance, or repair of
a powered wheelchair, 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, including any
updates.
"Trade secret" has the meaning given to that term in
subsection (d) of Section 2 of the Illinois Trade Secrets Act.
Section 10. Requirements.
(a) For powered wheelchairs and parts for powered
wheelchairs that are sold or used in this State, an original
equipment manufacturer shall make available to any independent
repair provider and owner of a powered wheelchair manufactured

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by on behalf of, or sold by such original equipment
manufacturer, on fair and reasonable terms, any documentation,
parts, and tools, required for the diagnosis, maintenance, or
repair of such a powered wheelchair and parts for the powered
wheelchair, inclusive of any updates to information. The
documentation parts and tools shall be made available either
directly by the original equipment manufacturer or via an
authorized repair provider.
(b) For equipment that contains an electronic security
lock or other security-related function, the original
equipment manufacturer shall make available to any owner and
independent repair provider, on fair and reasonable terms, any
special documentation, tools, and parts needed to access and
reset the lock or function when disabled in the course of
diagnosis, maintenance, or repair of the powered wheelchair.
The documentation, tools, and parts may be made available
through appropriate secure release systems.
Section 15. Enforcement by Attorney General. A violation
of any of the provisions of this Act is an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act.
All 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.

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(a) Nothing in this Act shall require an original
equipment manufacturer to divulge any trade secret to any
owner or independent service provider.
(b) Nothing in this Act shall 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 and pursuant to such arrangement,
except that any provision in the 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.
(c) No original equipment manufacturer or authorized
repair provider shall be liable for any damage or injury
caused to any powered wheelchair by an independent repair
provider or owner which occurs during the course of repair,
diagnosis, or maintenance.
Section 25. Applicability. This Act applies with respect
to powered wheelchairs sold or in use on or after the effective
date of this Act.
Section 90. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:

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(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Violations of the Powered Wheelchair Right to
Repair Act. A person who violates the Powered Wheelchair
Right to Repair Act commits an unlawful practice within the
meaning of this Act.
Section 99. Effective date. This Act takes effect January
1, 2024.