103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2680

 

Introduced 1/10/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2025.


LRB103 34281 SPS 64107 b

 

 

A BILL FOR

 

SB2680LRB103 34281 SPS 64107 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 Right
5to Repair Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Antenna" includes, but is not limited to, a resonant
8device designed especially for the purpose of capturing
9electromagnetic energy transmitted by direct satellite or
10commercial radio or television broadcasting facilities. An
11antenna and its associated accessories are not deemed to be a
12part of an electronic set and shall be considered to be located
13outside or in the attic of a residence.
14    "Appliance" or "major home appliance" includes, but is not
15limited to, any refrigerator, freezer, range, microwave oven,
16washer, dryer, dishwasher, trash compactor, or room
17air-conditioner normally used or sold for personal, family,
18household, or home office use, or for use in private motor
19vehicles.
20    "Authorized repair provider" means an individual or
21business who is unaffiliated with a manufacturer and who has
22an arrangement with the manufacturer under which the
23manufacturer grants to the individual or business a license to

 

 

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1use a trade name, service mark, or other proprietary
2identifier to offer the service of diagnosis, maintenance, or
3repair services for electronic or appliance products under the
4name of the manufacturer, or other arrangement with the
5manufacturer to offer diagnostic, maintenance, or repair
6services for electronic or appliance products on behalf of the
7manufacturer. A manufacturer who offers the service of
8diagnosis, maintenance, or repair services for the
9manufacturer's electronic or appliance products is considered
10an authorized repair provider with respect to the electronic
11or appliance products if the manufacturer does not have an
12arrangement with an unaffiliated individual or business.
13    "Documentation" means manual, diagram, reporting output,
14service code description, schematic, or similar information
15that is provided by a manufacturer to an authorized repair
16provider, or that is for use by the manufacturer if the
17manufacturer does not have any authorized repair providers,
18for purposes of effecting the services of diagnosis,
19maintenance, or repair of the electronic or appliance product.
20    "Electronic or appliance product" or "product" means a
21product manufactured for the first time and first sold or used
22in Illinois on or after July 1, 2021, for which the
23manufacturer makes available tools, parts, and documentation
24to authorized repair providers, and includes products that are
25sold to schools, businesses, local governments, or in other
26methods outside of direct retail sale. "Electronic or

 

 

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1appliance product" or "product" includes an electronic set,
2appliance or major home appliance, antenna, or rotator.
3    "Electronic or appliance product" or "product" does not
4include a product or component of an alarm system, including a
5fire protection system, or a video game console.
6    "Electronic set" includes, but is not limited to, any
7television, radio, audio or video recorder or playback
8equipment, video camera, video game, video monitor, computer
9system, photocopier, or facsimile machine normally used or
10sold for personal, family, household, or home office use.
11    "Fair and reasonable terms" means making available parts,
12tools, or documentation as follows:
13        (1) that terms are equivalent to the most favorable
14    costs and terms under which the manufacturer offers the
15    part, tool, or documentation to an authorized repair
16    provider, accounting for any discount, rebate, convenient
17    and timely means of delivery, means of enabling fully
18    restored and updated functionality, rights of use, or
19    other incentive or preference the manufacturer offers to
20    an authorized repair provider;
21        (2) that documentation, including any relevant
22    updates, is made available at no charge, except that, when
23    the documentation is requested in physical printed form, a
24    charge may be included for the reasonable actual costs of
25    preparing and sending the copy; and
26        (3) that the tools are made available by the

 

 

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1    manufacturer at no charge and without imposing impediments
2    to access or use of the tools to diagnose, maintain, or
3    repair and enable full functionality of the product, or in
4    a manner that impairs the efficient and cost-effective
5    performance of any such diagnosis, maintenance, or repair,
6    except that, when a tool is requested in physical form, a
7    charge may be included for the reasonable, actual costs of
8    preparing and sending the tool.
9    If a manufacturer does not use an authorized repair
10provider, "fair and reasonable terms" means at a price that
11reflects the actual cost to the manufacturer to prepare and
12deliver the part, tool, or documentation, exclusive of any
13research and development costs incurred.
14    "Part" means any replacement part or assembly of parts,
15either new or used, made available by a manufacturer of an
16electronic or appliance product to an authorized repair
17provider to facilitate the maintenance or repair of a product
18sold by the manufacturer.
19    "Rotator" includes, but is not limited to, when used in
20connection with an antenna installation or repair, an
21electromechanical device operated from a remote location to
22rotate an antenna on a horizontal plane. A rotator and its
23associated accessories are not deemed to be a part of an
24electronic set and shall be considered, with the exception of
25the directional control unit, to be located outside or in the
26attic of a residence.

 

 

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1    "Service dealer" means a person who, for compensation,
2engages in, or holds himself or herself out to the public as
3offering services in the business of:
4        (1) repairing, servicing, or maintaining an electronic
5    set normally used or sold for personal, family, household,
6    or home office use;
7        (2) installing, repairing, servicing, or maintaining
8    equipment or a burglar alarm system for use in private
9    motor vehicles;
10        (3) installing, repairing, servicing, or maintaining
11    television or radio receiver antennas, rotators, and
12    accessories or direct satellite signal receiving equipment
13    located on or adjacent to a residence; or
14        (4) repairing, servicing, or maintaining major
15    appliances.
16    "Tool" means any software program, hardware implement, or
17other apparatus made available by a manufacturer of an
18electronic or appliance product to an authorized repair
19provider for the diagnosis, maintenance, or repair of the
20product, including software or other mechanisms that
21provision, program, pair apart, provide or calibrate
22functionality, or perform any other function required to
23repair the product or part back to fully functional condition,
24including any updates.
25    "Trade secret" has the meaning given to that term in
26subsection (d) of Section 2 of the Illinois Trade Secrets Act.

 

 

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1    "Video game console" means a computing device, including
2its components and peripherals, that is primarily used by
3consumers for playing video games, such as a console machine,
4a handheld console device, or another device or system. "Video
5game console" does not include a general or an all-purpose
6computer, which includes, but is not limited to, a desktop
7computer, laptop, tablet, or cell phone.
 
8    Section 10. Right to repair.
9    (a) Notwithstanding any other law, every manufacturer of
10an electronic or appliance product with a wholesale price or
11direct sales price of more than $50 and less than $100 shall
12make service and repair facilities available to owners of the
13product. The manufacturer shall make available to service and
14repair facilities and service dealers sufficient documentation
15and functional parts and tools, inclusive of any updates, on
16fair and reasonable terms, to effect the diagnosis,
17maintenance, or repair of a product for at least 3 years after
18the last date a product model or type was manufactured,
19regardless of whether the 3-year period exceeds the warranty
20period for the product.
21    (b) Notwithstanding any other law, every manufacturer of
22an electronic or appliance product with a wholesale price or
23direct sales price of $100 or more shall make service and
24repair facilities available to owners of the product. The
25manufacturer shall make available to service and repair

 

 

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1facilities and service dealers sufficient documentation and
2functional parts and tools, inclusive of any updates, on fair
3and reasonable terms, to effect the diagnosis, maintenance, or
4repair of a product for at least 7 years after the last date a
5product model or type was manufactured, regardless of whether
6the 7-year period exceeds the warranty period for the product.
7    (c) A service and repair facility or service dealer that
8is not an authorized repair provider of a manufacturer shall
9provide a written notice to any customer seeking repair of an
10electronic or appliance product before the repair facility or
11service dealer repairs the product that informs the customer
12that it is not an authorized repair provider for the product
13and shall disclose if it uses any used replacement parts or
14replacement parts provided by a supplier other than the
15manufacturer of the product.
16    (d) No manufacturer or authorized repair provider shall be
17liable for any damage or injury caused to any electronic or
18appliance product, person, or property that occurs as a result
19of repair, diagnosis, maintenance, or modification performed
20by a service dealer or owner, including, but not limited to,
21any of the following:
22        (1) any indirect, incidental, special, or
23    consequential damages;
24        (2) any loss of data, privacy, or profits; and
25        (3) any inability to use or reduced functionality of
26    the electronic or appliance product.

 

 

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1    This subsection does not apply to a design defect or
2manufacturing flaw that existed prior to, or independent of,
3the repair, diagnosis, maintenance, or modification performed
4pursuant to this Section.
5    (e) If a manufacturer is considered an authorized repair
6provider, this Section shall not require the manufacturer to
7make available either of the following:
8        (1) documentation or tools that the manufacturer
9    itself uses only to perform, at no cost, diagnostic
10    services through telephone, Internet, chat, email, or
11    other similar means that do not involve the manufacturer
12    physically handling the customer's electronic or appliance
13    product, unless the manufacturer also makes the
14    documentation or tools available to an individual or
15    business that is unaffiliated with the manufacturer; or
16        (2) documentation or tools used exclusively for
17    repairs completed by machines that operate on several
18    electronic or appliance products simultaneously, if the
19    manufacturer makes available to owners of the product,
20    service and repair facilities, and service dealers
21    sufficient alternative documentation and tools to effect
22    the diagnosis, maintenance, or repair of the electronic or
23    appliance product.
24    (f) This Section does not apply to a manufacturer that
25provides an equivalent or better, readily available
26replacement electronic or appliance product at no charge to

 

 

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1the customer.
2    (g) Nothing in this Section shall require a manufacturer:
3        (1) to divulge a trade secret or license any
4    intellectual property, including copyrights or patents;
5        (2) to distribute a product's source code;
6        (3) to make available special documentation, tools,
7    and parts that would disable or override antitheft
8    security measures set by the owner of the product without
9    the owner's authorization; or
10        (4) to sell service parts if the service parts are no
11    longer provided by the manufacturer or made available to
12    an authorized repair provider.
 
13    Section 15. Violations.
14    (a) A unit of local government or the State may bring an
15action in circuit court to impose civil liability on a person
16or entity that knowingly violates this Act, or reasonably
17should have known that it violated this Act, in the amount of
18$1,000 per day for the first violation of this Act, $2,000 per
19day for the second violation, and $5,000 per day for the third
20and subsequent violations. Any action described in this
21subsection shall be commenced within 3 years after the date of
22the alleged violation.
23    (b) Any civil penalties collected under subsection (a)
24shall be paid to the office of the unit of local government or
25the Attorney General, whichever brought the action.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22025.