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1 | AN ACT concerning business. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Right | |||||||||||||||||||
5 | to Repair Act. | |||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | |||||||||||||||||||
7 | "Antenna" includes, but is not limited to, a resonant | |||||||||||||||||||
8 | device designed especially for the purpose of capturing | |||||||||||||||||||
9 | electromagnetic energy transmitted by direct satellite or | |||||||||||||||||||
10 | commercial radio or television broadcasting facilities. An | |||||||||||||||||||
11 | antenna and its associated accessories are not deemed to be a | |||||||||||||||||||
12 | part of an electronic set and shall be considered to be located | |||||||||||||||||||
13 | outside or in the attic of a residence. | |||||||||||||||||||
14 | "Appliance" or "major home appliance" includes, but is not | |||||||||||||||||||
15 | limited to, any refrigerator, freezer, range, microwave oven, | |||||||||||||||||||
16 | washer, dryer, dishwasher, trash compactor, or room | |||||||||||||||||||
17 | air-conditioner normally used or sold for personal, family, | |||||||||||||||||||
18 | household, or home office use, or for use in private motor | |||||||||||||||||||
19 | vehicles. | |||||||||||||||||||
20 | "Authorized repair provider" means an individual or | |||||||||||||||||||
21 | business who is unaffiliated with a manufacturer and who has | |||||||||||||||||||
22 | an arrangement with the manufacturer under which the | |||||||||||||||||||
23 | manufacturer grants to the individual or business a license to |
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1 | use a trade name, service mark, or other proprietary | ||||||
2 | identifier to offer the service of diagnosis, maintenance, or | ||||||
3 | repair services for electronic or appliance products under the | ||||||
4 | name of the manufacturer, or other arrangement with the | ||||||
5 | manufacturer to offer diagnostic, maintenance, or repair | ||||||
6 | services for electronic or appliance products on behalf of the | ||||||
7 | manufacturer. A manufacturer who offers the service of | ||||||
8 | diagnosis, maintenance, or repair services for the | ||||||
9 | manufacturer's electronic or appliance products is considered | ||||||
10 | an authorized repair provider with respect to the electronic | ||||||
11 | or appliance products if the manufacturer does not have an | ||||||
12 | arrangement with an unaffiliated individual or business. | ||||||
13 | "Documentation" means manual, diagram, reporting output, | ||||||
14 | service code description, schematic, or similar information | ||||||
15 | that is provided by a manufacturer to an authorized repair | ||||||
16 | provider, or that is for use by the manufacturer if the | ||||||
17 | manufacturer does not have any authorized repair providers, | ||||||
18 | for purposes of effecting the services of diagnosis, | ||||||
19 | maintenance, or repair of the electronic or appliance product. | ||||||
20 | "Electronic or appliance product" or "product" means a | ||||||
21 | product manufactured for the first time and first sold or used | ||||||
22 | in Illinois on or after July 1, 2021, for which the | ||||||
23 | manufacturer makes available tools, parts, and documentation | ||||||
24 | to authorized repair providers, and includes products that are | ||||||
25 | sold to schools, businesses, local governments, or in other | ||||||
26 | methods outside of direct retail sale. "Electronic or |
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1 | appliance product" or "product" includes an electronic set, | ||||||
2 | appliance or major home appliance, antenna, or rotator. | ||||||
3 | "Electronic or appliance product" or "product" does not | ||||||
4 | include a product or component of an alarm system, including a | ||||||
5 | fire protection system, or a video game console. | ||||||
6 | "Electronic set" includes, but is not limited to, any | ||||||
7 | television, radio, audio or video recorder or playback | ||||||
8 | equipment, video camera, video game, video monitor, computer | ||||||
9 | system, photocopier, or facsimile machine normally used or | ||||||
10 | sold for personal, family, household, or home office use. | ||||||
11 | "Fair and reasonable terms" means making available parts, | ||||||
12 | tools, 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 | ||||||
10 | provider, "fair and reasonable terms" means at a price that | ||||||
11 | reflects the actual cost to the manufacturer to prepare and | ||||||
12 | deliver the part, tool, or documentation, exclusive of any | ||||||
13 | research and development costs incurred. | ||||||
14 | "Part" means any replacement part or assembly of parts, | ||||||
15 | either new or used, made available by a manufacturer of an | ||||||
16 | electronic or appliance product to an authorized repair | ||||||
17 | provider to facilitate the maintenance or repair of a product | ||||||
18 | sold by the manufacturer. | ||||||
19 | "Rotator" includes, but is not limited to, when used in | ||||||
20 | connection with an antenna installation or repair, an | ||||||
21 | electromechanical device operated from a remote location to | ||||||
22 | rotate an antenna on a horizontal plane. A rotator and its | ||||||
23 | associated accessories are not deemed to be a part of an | ||||||
24 | electronic set and shall be considered, with the exception of | ||||||
25 | the directional control unit, to be located outside or in the | ||||||
26 | attic of a residence. |
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1 | "Service dealer" means a person who, for compensation, | ||||||
2 | engages in, or holds himself or herself out to the public as | ||||||
3 | offering 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 | ||||||
17 | other apparatus made available by a manufacturer of an | ||||||
18 | electronic or appliance product to an authorized repair | ||||||
19 | provider for the diagnosis, maintenance, or repair of the | ||||||
20 | product, including software or other mechanisms that | ||||||
21 | provision, program, pair apart, provide or calibrate | ||||||
22 | functionality, or perform any other function required to | ||||||
23 | repair the product or part back to fully functional condition, | ||||||
24 | including any updates. | ||||||
25 | "Trade secret" has the meaning given to that term in | ||||||
26 | subsection (d) of Section 2 of the Illinois Trade Secrets Act. |
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1 | "Video game console" means a computing device, including | ||||||
2 | its components and peripherals, that is primarily used by | ||||||
3 | consumers for playing video games, such as a console machine, | ||||||
4 | a handheld console device, or another device or system. "Video | ||||||
5 | game console" does not include a general or an all-purpose | ||||||
6 | computer, which includes, but is not limited to, a desktop | ||||||
7 | computer, laptop, tablet, or cell phone. | ||||||
8 | Section 10. Right to repair. | ||||||
9 | (a) Notwithstanding any other law, every manufacturer of | ||||||
10 | an electronic or appliance product with a wholesale price or | ||||||
11 | direct sales price of more than $50 and less than $100 shall | ||||||
12 | make service and repair facilities available to owners of the | ||||||
13 | product. The manufacturer shall make available to service and | ||||||
14 | repair facilities and service dealers sufficient documentation | ||||||
15 | and functional parts and tools, inclusive of any updates, on | ||||||
16 | fair and reasonable terms, to effect the diagnosis, | ||||||
17 | maintenance, or repair of a product for at least 3 years after | ||||||
18 | the last date a product model or type was manufactured, | ||||||
19 | regardless of whether the 3-year period exceeds the warranty | ||||||
20 | period for the product. | ||||||
21 | (b) Notwithstanding any other law, every manufacturer of | ||||||
22 | an electronic or appliance product with a wholesale price or | ||||||
23 | direct sales price of $100 or more shall make service and | ||||||
24 | repair facilities available to owners of the product. The | ||||||
25 | manufacturer shall make available to service and repair |
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1 | facilities and service dealers sufficient documentation and | ||||||
2 | functional parts and tools, inclusive of any updates, on fair | ||||||
3 | and reasonable terms, to effect the diagnosis, maintenance, or | ||||||
4 | repair of a product for at least 7 years after the last date a | ||||||
5 | product model or type was manufactured, regardless of whether | ||||||
6 | the 7-year period exceeds the warranty period for the product. | ||||||
7 | (c) A service and repair facility or service dealer that | ||||||
8 | is not an authorized repair provider of a manufacturer shall | ||||||
9 | provide a written notice to any customer seeking repair of an | ||||||
10 | electronic or appliance product before the repair facility or | ||||||
11 | service dealer repairs the product that informs the customer | ||||||
12 | that it is not an authorized repair provider for the product | ||||||
13 | and shall disclose if it uses any used replacement parts or | ||||||
14 | replacement parts provided by a supplier other than the | ||||||
15 | manufacturer of the product. | ||||||
16 | (d) No manufacturer or authorized repair provider shall be | ||||||
17 | liable for any damage or injury caused to any electronic or | ||||||
18 | appliance product, person, or property that occurs as a result | ||||||
19 | of repair, diagnosis, maintenance, or modification performed | ||||||
20 | by a service dealer or owner, including, but not limited to, | ||||||
21 | any 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 | ||||||
2 | manufacturing flaw that existed prior to, or independent of, | ||||||
3 | the repair, diagnosis, maintenance, or modification performed | ||||||
4 | pursuant to this Section. | ||||||
5 | (e) If a manufacturer is considered an authorized repair | ||||||
6 | provider, this Section shall not require the manufacturer to | ||||||
7 | make 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 | ||||||
25 | provides an equivalent or better, readily available | ||||||
26 | replacement electronic or appliance product at no charge to |
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1 | the 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 | ||||||
15 | action in circuit court to impose civil liability on a person | ||||||
16 | or entity that knowingly violates this Act, or reasonably | ||||||
17 | should 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 | ||||||
19 | day for the second violation, and $5,000 per day for the third | ||||||
20 | and subsequent violations. Any action described in this | ||||||
21 | subsection shall be commenced within 3 years after the date of | ||||||
22 | the alleged violation. | ||||||
23 | (b) Any civil penalties collected under subsection (a) | ||||||
24 | shall be paid to the office of the unit of local government or | ||||||
25 | the Attorney General, whichever brought the action. |
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1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2025. |