Bill Text: IL HB3593 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, 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 digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. 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) 2023-05-25 - Added Chief Co-Sponsor Rep. Janet Yang Rohr [HB3593 Detail]

Download: Illinois-2023-HB3593-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3593 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2BBBB new
Creates the Digital Electronic Equipment Right to Repair Act. Provides that, for digital electronic equipment and parts for digital electronic equipment sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing digital electronic equipment, 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 digital electronic equipment and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of digital electronic equipment. 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 28492 SPS 54873 b
A BILL FOR
HB3593 LRB103 28492 SPS 54873 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
Digital Electronic Equipment 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 digital electronic equipment 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 digital electronic
equipment, and who does not have an arrangement with an
unaffiliated individual or business, shall be considered an
authorized repair provider with respect to digital electronic
equipment.
"Digital electronic equipment" or "equipment" means any

HB3593 - 2 - LRB103 28492 SPS 54873 b
product that depends for its functioning, in whole or in part,
on digital electronics embedded in or attached to the product.
"Documentation" means any manual, diagram, reporting
output, service code description, schematic diagram, security
codes, passwords, or other guidance or information used in
effecting the services of diagnosis, maintenance, or repair of
digital electronic equipment.
"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

HB3593 - 3 - LRB103 28492 SPS 54873 b
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
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

HB3593 - 4 - LRB103 28492 SPS 54873 b
services of diagnosis, maintenance, or repair of digital
electronic equipment.
"Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, or other similar or
related article, including a component part, or accessory,
with a primary purpose (i) for use in the diagnosis of disease
or other conditions, or in the cure, mitigation, treatment, or
prevention of disease, or (ii) intended to affect the
structure or any function of the body of man or other animals.
"Motor vehicle" means a vehicle that is designed for
transporting persons or property on a street or highway and is
certified by the manufacturer under all applicable federal
safety and emissions standards and requirements for
distribution and sale in the United States.
"Original equipment manufacturer" means a business engaged
in the business of selling, leasing, or otherwise supplying
new digital electronic equipment manufactured by, or on behalf
of, itself, to any individual or business.
"Owner" means an individual or business who owns or leases
digital electronic equipment 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
digital electronic equipment manufactured by or on behalf of,
sold, or otherwise supplied by the original equipment
manufacturer.

HB3593 - 5 - LRB103 28492 SPS 54873 b
"Tools" means any software program, hardware implement, or
other apparatus used for diagnosis, maintenance, or repair of
digital electronic equipment, 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 digital electronic equipment and parts for such
equipment that are sold or used in this State, an original
equipment manufacturer shall make available to any independent
repair provider and owner of digital electronic equipment
manufactured 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 the digital electronic equipment and
parts for the digital electronic equipment, 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

HB3593 - 6 - LRB103 28492 SPS 54873 b
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 digital electronic
equipment. 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.
(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 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 such terms that purports to
waive, avoid, restrict or limit the original equipment

HB3593 - 7 - LRB103 28492 SPS 54873 b
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 digital electronic equipment by an independent
repair provider or owner which occurs during the course of
repair, diagnosis, or maintenance.
Section 25. Exclusions.
(a) Nothing in this Act shall apply to a manufacturer,
distributor, importer or dealer of motor vehicles.
(b) Nothing in this Act shall apply to a manufacturer,
distributor, importer, or dealer of medical devices.
(c) Nothing in this Act shall apply to a manufacturer,
distributor, importer, or dealer of any off-road equipment,
including, but not limited to, farm and utility tractors, farm
implements, farm machinery, forestry equipment, industrial
equipment, utility equipment, construction equipment, compact
construction equipment, mining equipment, turf, yard and
garden equipment, outdoor power equipment, including portable
generators, marine, all-terrain sports and recreational
vehicles, including racing vehicles, stand-alone or integrated
stationary or mobile internal combustion engines, other power
sources, including without limitation, generator sets,
electric, battery, and fuel cell power, power tools, and any
tools, technology, attachments, accessories, components, and

HB3593 - 8 - LRB103 28492 SPS 54873 b
repair parts.
Section 30. Applicability. This Act applies with respect
to digital electronic equipment 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:
(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Violations of the Digital Electronic Equipment
Right to Repair Act. A person who violates the Digital
Electronic Equipment 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.