2024 -- S 3107 | |
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LC006075 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- | |
DIGITAL ELECTRONICS RIGHT TO REPAIR ACT | |
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Introduced By: Senators Britto, Tikoian, Burke, Cano, Murray, Gu, and Lawson | |
Date Introduced: May 29, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
2 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 60 |
4 | DIGITAL ELECTRONICS RIGHT TO REPAIR ACT |
5 | 6-60-1. Short title. |
6 | This chapter shall be known and may be cited as the "Digital Electronics Right to Repair |
7 | Act." |
8 | 6-60-2. Requirements. |
9 | (a) For digital electronic equipment and parts for such equipment that are sold or used in |
10 | this state, an original equipment manufacturer shall make available to any independent repair |
11 | provider and owner of digital electronic equipment manufactured by on behalf of, or sold by such |
12 | original equipment manufacturer, on fair and reasonable terms, any documentation, parts, and tools, |
13 | required for the diagnosis, maintenance, or repair of such digital electronic equipment and parts for |
14 | this equipment, inclusive of any updates. The documentation, parts and tools shall be made |
15 | available either directly by such original equipment manufacturer or via an authorized repair |
16 | provider or distributor. |
17 | (b) An original equipment manufacturer shall not use parts pairing or any other mechanism |
18 | to: |
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1 | (1) Prevent the installation or functioning of any otherwise-functional part, including a |
2 | non-manufacturer approved replacement part or component; |
3 | (2) Inhibit or reduce the functioning of any part, such that replacement by an independent |
4 | repair provider or the device owner would cause the device to operate with reduced functionality |
5 | or performance; |
6 | (3) Create false, misleading, deceptive, or non-dismissible alerts or warnings about parts; |
7 | (4) Charge additional fees or increased prices for future repairs; or |
8 | (5) Limit who can purchase parts or perform repair services. |
9 | (c) For equipment that requires deactivating a lock for purposes of repair, the original |
10 | equipment manufacturer shall make available to any owner, or independent repair provider, with |
11 | the express permission of the owner, on fair and reasonable terms, any special documentation, tools, |
12 | and parts needed to access and reset the lock or function when disabled in the course of diagnosis, |
13 | maintenance, or repair of such equipment. This documentation, tools, and parts may be made |
14 | available through an appropriate secure release system. |
15 | 6-60-3. Definitions. |
16 | As used in this chapter: |
17 | (1) "Authorized repair provider" means an individual or business who has an arrangement |
18 | with the original equipment manufacturer under which the original equipment manufacturer grants |
19 | to the individual or business a license to use a tradename, service mark, or other proprietary |
20 | identifiers for the purposes of offering the services of diagnosis, maintenance, or repair of digital |
21 | electronic equipment under the name of the original equipment manufacturer, or other arrangement |
22 | with the original equipment manufacturer to offer such services on behalf of, or under contract to, |
23 | the original equipment manufacturer. An original equipment manufacturer who offers the services |
24 | of diagnosis, maintenance, or repair of its own digital electronic equipment shall be considered an |
25 | authorized repair provider with respect to this equipment. |
26 | (2) "Digital electronic equipment" or "equipment" means any product that depends for its |
27 | functioning, in whole or in part, on digital electronics embedded in or attached to the product. |
28 | (3) "Documentation" means any manual, maintenance procedures, functional and wiring |
29 | diagrams, reporting output, service code description, circuit board schematics, security code, |
30 | password, training material, troubleshooting information, list of required tools, parts list, or other |
31 | guidance or information used in effecting the services of diagnosis, maintenance, or repair of digital |
32 | electronic equipment. |
33 | (4) "Embedded software" means any programmable software instructions delivered with |
34 | or loaded onto equipment, or a part of this equipment, to allow the equipment or part to operate or |
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1 | communicate with other computer hardware. Embedded software includes all relevant patches and |
2 | fixes that the manufacturer makes for purposes of diagnosis, maintenance, or repair of equipment. |
3 | (5) "Independent repair provider" means an individual or business operating in the state, |
4 | that does not have an arrangement described in subsection (1) of this section with an original |
5 | equipment manufacturer, and who is engaged in the services of diagnosis, maintenance, or repair |
6 | of digital electronic equipment. |
7 | (6) "On fair and reasonable terms" means all of the following: |
8 | (i) At costs and terms that are equivalent to the most favorable costs and terms under which |
9 | an original equipment manufacturer offers to an authorized repair provider, accounting for any |
10 | discount, rebate, convenient and timely means of delivery, means of enabling fully restored and |
11 | updated functionality, rights of use, or other incentive and preference the original manufacturer |
12 | offers to an authorized repair provider, or any additional cost, burden, or impediment the original |
13 | equipment manufacturer imposes on an owner or independent repair provider. |
14 | (ii) With respect to documentation, made available by the original equipment manufacturer |
15 | at no charge, except that, when the documentation is requested in physical printed form, a charge |
16 | may be included for the reasonable actual costs of preparing and sending the copy. |
17 | (iii) With respect to tools, made available by the original equipment manufacturer: |
18 | (A) At no charge, except that, when a tool is requested in physical form, a charge may be |
19 | included for the reasonable, actual costs of preparing and sending the tool; |
20 | (B) Without requiring authorization or Internet access for the use or operation of these |
21 | tools, or imposing impediments to access or use of the tools to diagnose, maintain, or repair and |
22 | enable full functionality of digital electronic equipment; and |
23 | (C) Not in a manner that impairs the efficient and cost-effective performance of any |
24 | diagnosis, maintenance, or repair. |
25 | (iv) With respect to parts, made available by the original equipment manufacturer, either |
26 | directly or through an authorized repair provider, in a manner that: |
27 | (A) Is not conditioned on or imposing a substantial obligation or restriction, including, but |
28 | not limited to, a minimum or reasonable maximum quantity of parts that owners and independent |
29 | repair providers can purchase, that is not reasonably necessary for enabling the owner or |
30 | independent repair provider to engage in the diagnosis, maintenance, or repair of digital electronic |
31 | equipment made by or on behalf of the original equipment manufacturer; and |
32 | (B) Does not condition access to parts on any additional contract other than a purchase |
33 | order. |
34 | (7) "Original equipment manufacturer" or "manufacturer" means a business engaged in the |
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1 | business of selling, leasing, or otherwise supplying new digital electronic equipment manufactured |
2 | by or on behalf of itself, to any individual or business. |
3 | (8) "Owner" means an individual or business who owns or leases digital electronic |
4 | equipment purchased or used in this state. |
5 | (9) "Part" means any replacement part, either new or used, generally available or used by |
6 | an original equipment manufacturer or its authorized repair providers for purposes of effecting the |
7 | services of maintenance or repair of digital electronic equipment manufactured by or on behalf of, |
8 | sold or otherwise supplied by the original equipment manufacturer. |
9 | (10) "Parts pairing" refers to the practice by manufacturers of using software to identify |
10 | component parts through a unique identifier. |
11 | (11) "Tool" means any software program, hardware implement, or other apparatus used for |
12 | diagnosis, maintenance, or repair of digital electronic equipment, including software or other |
13 | mechanisms that provision, program, or pair a new part, calibrate functionality, or perform any |
14 | other function required to bring the product back to fully functional condition, including any |
15 | updates. |
16 | (12) "Trade secret" has the meaning given it in § 6-41-1. |
17 | 6-60-4. Enforcement by attorney general. |
18 | If the attorney general determines that a failure to provide documentation, parts, or tools as |
19 | described in § 6-60-2 constitutes an unfair method of competition, false advertising, or unfair or |
20 | deceptive trade practices under chapter 13.1 of title 6, all remedies, penalties, and authority granted |
21 | to the attorney general by that chapter shall be available to the attorney general for the enforcement |
22 | of this chapter. |
23 | 6-60-5. Limitations. |
24 | (a) Nothing in this chapter shall be construed to require an original equipment manufacturer |
25 | to divulge any trade secret to any owner or independent service provider, except as necessary to |
26 | perform diagnosis, maintenance, or repair on fair and reasonable terms. |
27 | (b) Nothing in this chapter shall be construed to alter the terms of any arrangement |
28 | described in § 6-60-2(a) in force between an authorized repair provider and an original equipment |
29 | manufacturer, including, but not limited to, the performance or provision of warranty or recall |
30 | repair work by an authorized repair provider on behalf of an original equipment manufacturer and |
31 | pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, |
32 | restrict or limit the original equipment manufacturer's obligations to comply with this chapter shall |
33 | be void and unenforceable. |
34 | (c) No original equipment manufacturer or authorized repair provider shall be liable for |
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1 | any damage or injury to any digital electronic equipment caused by an independent repair provider |
2 | or owner which occurs during the course of repair, diagnosis, or maintenance and is not attributable |
3 | to the original equipment manufacturer or authorized repair provider other than if the failure is |
4 | attributable to design or manufacturing defects. |
5 | (d) Nothing in this chapter shall be construed to require a manufacturer to make available |
6 | special documentation, tools, and parts that would disable or override anti-theft security measures |
7 | set by the owner of the product without the owner's authorization. |
8 | (e) Nothing in this chapter shall be construed to require a manufacturer to sell a part if the |
9 | part is no longer available to the manufacturer. |
10 | 6-60-6. Applicability. |
11 | This chapter applies to equipment sold on or after January 1, 2025. |
12 | SECTION 2. This act shall take effect upon passage. |
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LC006075 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- | |
DIGITAL ELECTRONICS RIGHT TO REPAIR ACT | |
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1 | This act would establish a digital electronics right to repair, which would allow for digital |
2 | electronic equipment and parts that are sold in this state on or after January 1, 2025, to be repaired |
3 | at an independent repair provider. Additionally, this act would require an original equipment |
4 | manufacturer to make available to any independent repair facility any documentation, parts, and |
5 | tools required for diagnosis, maintenance, or other repairs. |
6 | This act would take effect upon passage. |
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LC006075 | |
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