Bill Text: IL HB3466 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Motor Vehicle Repair Fairness Act. Provides that motor vehicle manufacturers must make available to independent repair providers of parts manufactured by such motor vehicle manufacturer, diagnostic and repair documentation, including repair technical updates and updates and corrections to embedded software, in the same manner as the motor vehicle manufacturer makes such diagnostic and repair documentation, including repair technical updates and updates and corrections to embedded software, available to its authorized repair provider. Defines terms. Authorizes the imposition of a $500 civil penalty. Provides that the Attorney General may bring an action to recover the penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3466 Detail]

Download: Illinois-2017-HB3466-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3466

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
New Act

Creates the Motor Vehicle Repair Fairness Act. Provides that motor vehicle manufacturers must make available to independent repair providers of parts manufactured by such motor vehicle manufacturer, diagnostic and repair documentation, including repair technical updates and updates and corrections to embedded software, in the same manner as the motor vehicle manufacturer makes such diagnostic and repair documentation, including repair technical updates and updates and corrections to embedded software, available to its authorized repair provider. Defines terms. Authorizes the imposition of a $500 civil penalty. Provides that the Attorney General may bring an action to recover the penalty.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Motor
5Vehicle Repair Fairness Act.
6 Section 5. Definitions. In this Act:
7 "Authorized repair provider" means an individual or an
8entity that has an arrangement for a definite or indefinite
9period in which a motor vehicle manufacturer grants to a
10separate individual or entity a license to use a trade name,
11service mark, or related characteristic for the purposes of
12offering repair services under the name of the motor vehicle
13manufacturer.
14 "Embedded software" means any programmable instructions
15provided on firmware delivered with the equipment for the
16purposes of equipment operation, including all relevant
17patches and fixes made by the original motor vehicle
18manufacturer for this purpose, including, but not limited to, a
19basic internal operating system, an internal operating system,
20a machine code, an assembly code, a root code, and a microcode.
21 "Fair and reasonable terms" means an equitable price in
22light of relevant factors including, but not limited to:
23 (1) the net cost to the authorized repair provider for

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1 similar information obtained from an original equipment
2 manufacturer, less any discounts, rebates, or other
3 incentive programs;
4 (2) the cost to the original equipment manufacturer for
5 preparing and distributing the information, excluding any
6 research and development costs incurred in designing and
7 implementing, upgrading, or altering the product, but
8 including amortized capital costs for the preparation and
9 distribution of the information;
10 (3) the price charged by other original equipment
11 manufacturers for similar information;
12 (4) the price charged by original equipment
13 manufacturers for similar information prior to the launch
14 of original equipment manufacturer web sites;
15 (5) the ability of aftermarket technicians or shops to
16 afford the information;
17 (6) the means by which the information is distributed;
18 (7) the extent to which the information is used, which
19 includes the number of users, and frequency, duration, and
20 volume of use; and
21 (8) inflation.
22 "Firmware" means a software program or set of instructions
23programmed on a hardware device to allow the device to
24communicate with other computer hardware.
25 "Independent repair provider" means a person or business
26operating in this State which is not affiliated with a motor

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1vehicle manufacturer or a motor vehicle manufacturer's
2authorized repair provider, which is engaged in the diagnosis,
3service, maintenance, or repair of motor vehicle equipment.
4 "Motor vehicle" means any vehicle that is designed for
5transporting persons or property on a street or highway and is
6certified by the motor vehicle manufacturer under all
7applicable federal safety and emissions standards and
8requirements for distribution and sale in the United States.
9Motor vehicle does not include:
10 (1) a motorcycle; or
11 (2) a recreational vehicle or manufactured home
12 equipped for Habitation.
13 "Motor vehicle manufacturer" means any person or business
14engaged in the business of manufacturing or assembling new
15motor vehicles.
16 "Part" means any replacement part, either new or used, made
17available by the motor vehicle manufacturer to an authorized
18repair provider for purposes of effecting repair and includes
19embedded software, firmware, digital electronic, equipment, or
20a part for such equipment.
21 "Trade secret" means anything tangible or intangible or
22electronically stored or kept which constitutes, represents,
23evidences, or records intellectual property, including secret
24or confidentially held designs, processes, procedures,
25formulas, inventions, or improvements, or secret or
26confidentially held scientific, technical, merchandising,

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1production, financial, business, or management information, or
2any other trade secret as defined in 18 U.S.C. 1839, as such
3Section existed on January 1, 2017.
4 Section 10. Duty of motor vehicle manufacturer.
5 (a) For parts sold and used in this State, the motor
6vehicle manufacturer of such part shall make available to any
7independent repair provider of parts manufactured by such motor
8vehicle manufacturer, diagnostic and repair documentation,
9including repair technical updates and updates and corrections
10to embedded software, for no charge or in the same manner as
11the motor vehicle manufacturer makes such diagnostic and repair
12documentation, including repair technical updates and updates
13and corrections to embedded software, available to its
14authorized repair provider.
15 (b) Nothing in this Section requires the motor vehicle
16manufacturer to sell parts if the parts are no longer available
17to the original equipment manufacturer or the authorized repair
18provider of the motor vehicle manufacturer.
19 (c) Any motor vehicle manufacturer that sells any
20diagnostic, service, or repair documentation to any
21independent repair provider in a format that is standardized
22with other original equipment manufacturers, and on terms and
23conditions more favorable than the manner and the terms and
24conditions pursuant to which the authorized repair provider
25obtains the same diagnostic, service, or repair documentation,

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1shall be prohibited from requiring any authorized repair
2provider to continue purchasing diagnostic, service, or repair
3documentation in a proprietary format, unless such proprietary
4format includes diagnostic, service, or repair documentation
5or functionality that is not available in such standardized
6format.
7 (d) A motor vehicle manufacturer of equipment sold or used
8in this State shall make available for purchase by independent
9repair providers all diagnostic repair tools incorporating the
10same diagnostic, repair, and remote communications
11capabilities that such motor vehicle manufacturer makes
12available to its own repair or engineering staff or any
13authorized repair provider. A motor vehicle manufacturer shall
14offer such tools for sale to any independent repair provider
15upon fair and reasonable terms. A motor vehicle manufacturer
16that provides diagnostic repair documentation to aftermarket
17diagnostic tool manufacturers, diagnostics providers, or
18service information publications and systems shall have fully
19satisfied its obligations under this Section and thereafter not
20be responsible for the content and functionality of such
21aftermarket diagnostic tools, diagnostics, or service
22information systems.
23 (e) Original motor vehicle manufacturer parts sold or used
24in this State for the purpose of providing security-related
25functions may not exclude diagnostic, service, and repair
26documentation necessary to reset a security-related electronic

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1function from information provided to an independent repair
2provider. If excluded under this Act, the documentation
3necessary to reset an immobilizer system or security-related
4electronic module shall be obtained by an independent repair
5provider through the appropriate secure data release systems.
6 Section 15. Trade secrets. Nothing in this Act shall be
7construed to require a motor vehicle manufacturer to divulge a
8trade secret.
9 Section 20. Warranty and recall service. No provision in
10this Act shall be read, interpreted, or construed to abrogate,
11interfere with, contradict, or alter the terms of any agreement
12executed and in force between an authorized repair provider and
13a motor vehicle manufacturer, including, but not limited to,
14the performance or provision of warranty or recall repair work
15by an authorized repair provider on behalf of a motor vehicle
16manufacturer pursuant to such authorized repair agreement,
17except that any provision in such an authorized repair
18agreement that purports to waive, avoid, restrict, or limit a
19motor vehicle manufacturer's compliance with this Section
20shall be void and unenforceable.
21 Section 25. Access to certain non-diagnostic and repair
22documentation. Nothing in this Act shall be construed to
23require motor vehicle manufacturers or authorized repair

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1providers to provide independent repair provider access to
2non-diagnostic and repair documentation provided by a motor
3vehicle manufacturer to an authorized repair provider pursuant
4to the terms of an authorizing agreement.
5 Section 30. Civil penalty. Any motor vehicle manufacturer
6found in violation of this Act is liable for a civil penalty of
7not more than $500 for each violation. The penalty may be
8recovered in a civil action by the Attorney General in the
9manner authorized under the Consumer Fraud and Deceptive
10Business Practices Act.
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