Full Text of SB0715 102nd General Assembly
SB0715sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 715
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 715 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Digital Right to Repair Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Authorized repair provider" means an individual or | 8 | | business that is unaffiliated with an original equipment | 9 | | manufacturer and that has an arrangement with the original | 10 | | equipment manufacturer, for a definite or indefinite period, | 11 | | under which the original equipment manufacturer grants to the | 12 | | individual or business a license to use a trade name, service | 13 | | mark, or other proprietary identifier for the purposes of | 14 | | offering the services of diagnosis, maintenance, or repair of | 15 | | digital electronic equipment under the name of the original | 16 | | equipment manufacturer, or other arrangement with the original |
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| 1 | | equipment manufacturer to offer such services on behalf of the | 2 | | original equipment manufacturer. An original equipment | 3 | | manufacturer that offers the services of diagnosis, | 4 | | maintenance, or repair of its own digital electronic | 5 | | equipment, and that does not have an arrangement described in | 6 | | this subsection with an unaffiliated individual or business, | 7 | | shall be considered an authorized repair provider with respect | 8 | | to such equipment. | 9 | | "Digital electronic equipment" or "equipment" means any | 10 | | product that depends for its functioning, in whole or in part, | 11 | | on digital electronics embedded in or attached to the product. | 12 | | "Documentation" means any manual, diagram, reporting | 13 | | output, service code description, schematic, or other guidance | 14 | | or information used in effecting the services of diagnosis, | 15 | | maintenance, or repair of digital electronic equipment. | 16 | | "Embedded software" means any programmable instructions | 17 | | provided on firmware delivered with digital electronic | 18 | | equipment, or with a part for such equipment, for purposes of | 19 | | equipment operation, including all relevant patches and fixes | 20 | | made by the manufacturer of such equipment or part for these | 21 | | purposes. | 22 | | "Fair and reasonable terms" for obtaining a part or tool | 23 | | or documentation means at costs and terms that are equivalent | 24 | | to the most favorable costs and terms under which an original | 25 | | equipment manufacturer offers the part, tool, or documentation | 26 | | to an authorized repair provider: |
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| 1 | | (1) accounting for any discount, rebate, convenient | 2 | | means of delivery, means of enabling fully restored and | 3 | | updated functionality, rights of use, or other incentive | 4 | | or preference the original equipment manufacturer offers | 5 | | to an authorized repair provider, or any additional cost, | 6 | | burden, or impediment the original equipment manufacturer | 7 | | imposes on an independent repair provider; | 8 | | (2) that are not conditioned on or imposing a | 9 | | substantial obligation or restriction that is not | 10 | | reasonably necessary for enabling the owner or independent | 11 | | repair provider to engage in the diagnosis, maintenance, | 12 | | or repair of digital electronic equipment made by or on | 13 | | behalf of the original equipment manufacturer; and | 14 | | (3) that are not conditioned on an arrangement as an | 15 | | authorized repair provider.
| 16 | | For documentation, including any relevant updates, "fair | 17 | | and reasonable terms" also means at no charge, except that, | 18 | | when the documentation is requested in physical printed form, | 19 | | a charge may be included for the reasonable actual costs of | 20 | | preparing and sending the copy. | 21 | | For software tools, "fair and reasonable terms" also means | 22 | | at no charge and without requiring authorization or Internet | 23 | | access or imposing impediments to access or use in the course | 24 | | of effecting the diagnosis, maintenance, or repair and | 25 | | enabling full functionality of digital electronic equipment, | 26 | | in a manner that impairs the efficient and cost-effective |
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| 1 | | performance of any of those activities. | 2 | | "Firmware" means a software program or set of instructions | 3 | | programmed on digital electronic equipment, or on a part for | 4 | | such equipment, to allow the equipment or part to communicate | 5 | | within itself or with other computer hardware. | 6 | | "Independent repair provider" means an individual or | 7 | | business operating in this State that does not have an | 8 | | arrangement as an authorized repair provider with an original | 9 | | equipment manufacturer, is not affiliated with any individual | 10 | | or business that has such an arrangement, and is engaged in the | 11 | | services of diagnosis, maintenance, or repair of digital | 12 | | electronic equipment, except that an original equipment | 13 | | manufacturer or, with respect to that original equipment | 14 | | manufacturer, an individual or business that has such an | 15 | | arrangement with that original equipment manufacturer or that | 16 | | is affiliated with an individual or business that has such an | 17 | | arrangement with that original equipment manufacturer, shall | 18 | | be considered an independent repair provider for purposes of | 19 | | those instances in which it engages in the services of | 20 | | diagnosis, maintenance, or repair of digital electronic | 21 | | equipment that is not manufactured by or sold under the name of | 22 | | that original equipment manufacturer. | 23 | | "Manufacturer of motor vehicle equipment" means a business | 24 | | engaged in the business of manufacturing or supplying | 25 | | components that are used in the manufacture, maintenance, or | 26 | | repair of a motor vehicle. |
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| 1 | | "Motor vehicle" means a vehicle that is designed for | 2 | | transporting persons or property on a street or highway and is | 3 | | certified by the manufacturer under all applicable federal | 4 | | safety and emissions standards and requirements for | 5 | | distribution and sale in the United States. "Motor vehicle" | 6 | | does not include: | 7 | | (1) a motorcycle; or | 8 | | (2) a recreational vehicle or an auto home equipped | 9 | | for habitation.
| 10 | | "Motor vehicle dealer" means an individual or business | 11 | | that, in the ordinary course of business, is engaged in the | 12 | | business of selling or leasing new motor vehicles to an | 13 | | individual or business pursuant to a franchise agreement, has | 14 | | obtained a license under the Illinois Vehicle Code, and is | 15 | | engaged in the services of diagnosis, maintenance, or repair | 16 | | of motor vehicles or motor vehicle engines pursuant to that | 17 | | franchise agreement. | 18 | | "Motor vehicle manufacturer" means a business engaged in | 19 | | the business of manufacturing or assembling new motor | 20 | | vehicles. | 21 | | "Original equipment manufacturer" means a business engaged | 22 | | in the business of selling, leasing, or otherwise supplying | 23 | | new digital electronic equipment manufactured by or on behalf | 24 | | of itself to any individual or business.
| 25 | | "Owner" means an individual or business that owns or | 26 | | leases digital electronic equipment purchased or used in this |
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| 1 | | State. | 2 | | "Part" means any replacement part, either new or used, | 3 | | made available by an original equipment manufacturer for | 4 | | purposes of effecting the services of maintenance or repair of | 5 | | digital electronic equipment manufactured by or on behalf of, | 6 | | sold, or otherwise supplied by the original equipment | 7 | | manufacturer.
| 8 | | "Tools" means any software program, hardware implement, or | 9 | | other apparatus used for diagnosis, maintenance, or repair of | 10 | | digital electronic equipment, including software or other | 11 | | mechanisms that provision, program, or pair a new part, | 12 | | calibrate functionality, or perform any other function | 13 | | required to bring the product back to fully functional | 14 | | condition. | 15 | | "Trade secret" has the meaning ascribed to that term in | 16 | | the Illinois Trade Secrets Act.
| 17 | | Section 10. Availability of parts; requirements. | 18 | | (a) For digital electronic equipment and parts for such | 19 | | equipment sold or used in this State, an original equipment | 20 | | manufacturer shall make available, for purposes of diagnosis, | 21 | | maintenance, or repair of such equipment, to any independent | 22 | | repair provider or to the owner of digital electronic | 23 | | equipment manufactured by or on behalf of, or sold or | 24 | | otherwise supplied by the original equipment manufacturer, on | 25 | | fair and reasonable terms, documentation, parts, and tools, |
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| 1 | | inclusive of any updates to information or embedded software. | 2 | | Nothing in this subsection requires an original equipment | 3 | | manufacturer to make available a part if the part is no longer | 4 | | available to the original equipment manufacturer. | 5 | | (b) For equipment that contains an electronic security | 6 | | lock or other security-related function, the original | 7 | | equipment manufacturer shall make available to the owner and | 8 | | to independent repair providers, on fair and reasonable terms, | 9 | | any special documentation, tools, and parts needed to disable | 10 | | the lock or function, and to reset it when disabled in the | 11 | | course of diagnosis, maintenance, or repair of the equipment. | 12 | | Such documentation, tools, and parts may be made available by | 13 | | means of an appropriate secure system. | 14 | | (c) When the original equipment manufacturer has made an | 15 | | express warranty with respect to digital electronic equipment | 16 | | and the wholesale price of the equipment is $100 or more, the | 17 | | manufacturer shall provide such parts, tools, and | 18 | | documentation as needed to enable the repair of the equipment | 19 | | during the warranty period, at an equitable price and | 20 | | convenience of delivery and of enabling functionality, in | 21 | | light of: | 22 | | (1) the actual cost to the original equipment | 23 | | manufacturer to prepare and distribute the part, tool, or | 24 | | documentation, exclusive of any research and development | 25 | | costs incurred; | 26 | | (2) the ability of owners and independent repair |
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| 1 | | providers to afford the part, tool, or documentation; and | 2 | | (3) the means by which the part, tool, or | 3 | | documentation is distributed. | 4 | | Section 15. Enforcement by Attorney General. Violation of | 5 | | any of the provisions of this Act is an unlawful practice under | 6 | | the Consumer Fraud and Deceptive Business Practices Act. All | 7 | | remedies, penalties, and authority granted to the Attorney | 8 | | General by that Act shall be available to him or her for the | 9 | | enforcement of this Act. | 10 | | Section 20. Limitations. | 11 | | (a) Nothing in this Act shall be construed to require an | 12 | | original equipment manufacturer to divulge a trade secret to | 13 | | an owner or an independent service provider except as | 14 | | necessary to provide documentation, parts, and tools on fair | 15 | | and reasonable terms. | 16 | | (b) No provision in this Act shall be construed to alter | 17 | | the terms of any arrangement in force between an authorized | 18 | | repair provider and an original equipment manufacturer, | 19 | | including, but not limited to, the performance or provision of | 20 | | warranty or recall repair work by an authorized repair | 21 | | provider on behalf of an original equipment manufacturer | 22 | | pursuant to such arrangement, except that any provision in | 23 | | such terms that purports to waive, avoid, restrict, or limit | 24 | | the original equipment manufacturer's obligations to comply |
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| 1 | | with this Act shall be void and unenforceable. | 2 | | Section 25. Exclusions. Nothing in this Act applies to a | 3 | | motor vehicle manufacturer, manufacturer of motor vehicle | 4 | | equipment, or motor vehicle dealer acting in that capacity, or | 5 | | to any product or service of a motor vehicle manufacturer, | 6 | | manufacturer of motor vehicle equipment, or motor vehicle | 7 | | dealer acting in that capacity. | 8 | | Section 30. Applicability. This Act applies with respect | 9 | | to equipment sold or in use on or after the effective date of | 10 | | this Act. | 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2022.".
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