PRINTER'S NO. 1304
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
998
Session of
2022
INTRODUCED BY VOGEL, SCHWANK, FONTANA, COLLETT, KEARNEY,
MASTRIANO, BARTOLOTTA, ARGALL, KANE, TARTAGLIONE AND J. WARD,
JANUARY 4, 2022
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 4, 2022
AN ACT
Requiring manufacturers of digital electronic equipment to make
available to owners and independent repair providers, on fair
and reasonable terms, documentation, parts and tools used to
diagnose, maintain and repair digital electronic equipment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Digital Right
to Repair Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agreement." An agreement between an authorized repair
provider and an OEM under which the OEM grants to the authorized
repair provider 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 equipment under
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the name of the OEM or other arrangement with the OEM to offer
such services on behalf of the OEM.
"Authorized repair provider." With respect to an OEM, as
follows:
(1) A person who has an agreement with the OEM.
(2) The OEM when offering the services of diagnosis,
maintenance or repair of its own equipment.
"Business entity." A corporation, limited liability company,
partnership, limited liability partnership, sole proprietorship
or Subchapter S corporation formed or organized under the laws
of this Commonwealth or another jurisdiction.
"Digital electronic equipment" or "equipment." A product
that depends for its functioning, in whole or in part, on
digital electronics embedded in or attached to the product. The
term includes a part.
"Documentation." A manual, diagram, reporting output,
service code description, schematic diagram or other guidance or
information used in effecting the services of diagnosis,
maintenance or repair of equipment.
"Embedded software." A programmable instruction provided on
firmware delivered with equipment, including patches and fixes
from the OEM for the purposes of operation.
"Fair and reasonable terms." As follows:
(1) In regard to obtaining documentation, parts or
tools, the term means at costs and terms, including
convenience of delivery, enabling functionality and rights of
use, equivalent to the most favorable costs and terms offered
by the OEM to an authorized repair provider as determined by
using net costs, including discounts and incentives, that
would be incurred by the authorized repair provider in
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obtaining an equivalent part or tool from the OEM.
(2) In regard to obtaining documentation, including
relevant updates, the term shall, in addition to the meaning
under paragraph (1), mean at no charge, except that if the
documentation is requested in physical printed form a charge
may be included for the reasonable costs of preparing and
sending the copy.
"Firmware." A software program or set of instructions
programmed on equipment to allow the equipment to operate as
intended by the OEM.
"Independent repair provider." With respect to an OEM, as
follows:
(1) A person operating in this Commonwealth who does not
have an agreement with the OEM and who is not affiliated with
a person who has an agreement with the OEM, when engaging in
the diagnosis, maintenance or repair of equipment
manufactured by or sold under the name of the OEM.
(2) The term includes an OEM, a person who has an
agreement with an OEM or a person who has an agreement with
or is affiliated with a person who has an agreement with the
OEM, when engaging in the diagnosis, maintenance or repair of
equipment that is not manufactured by or sold under the name
of the OEM.
"Manufacturer of motor vehicle equipment." A business entity
engaged in the business of manufacturing or supplying components
that are used in the manufacture, maintenance or repair of a
motor vehicle.
"Motor vehicle." A vehicle that is designed for transporting
individuals or property on a street or highway and is certified
by the motor vehicle manufacturer under Federal safety and
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emissions standards and requirements for distribution and sale
in the United States. The term does not include:
(1) A motorcycle.
(2) A recreational vehicle or an auto home equipped for
habitation.
"Motor vehicle dealer." An individual who meets all of the
following:
(1) Is engaged in the selling or leasing of a new motor
vehicle.
(2) Holds a license under section 303 of the act of
December 22, 1983 (P.L.306, No.84), known as the Board of
Vehicles Act.
(3) Is engaged in the diagnosis, maintenance or repair
of a motor vehicle or motor vehicle engine.
"Motor vehicle manufacturer." A business entity engaged in
the manufacturing or assembling of a new motor vehicle.
"Original equipment manufacturer" or "OEM." A business
entity engaged in the selling, leasing or supplying of new
equipment manufactured by or on behalf of itself to a person.
"Owner." A person who owns or leases equipment purchased or
used in this Commonwealth.
"Part." A new or used replacement part made available by or
to an OEM for the purpose of effecting the maintenance or repair
of equipment manufactured by or on behalf of, sold or supplied
by the OEM.
"Person." An individual or a business entity.
"Tool." A software program, hardware implement or other
apparatus used for diagnosis, maintenance or repair of
equipment, including software or other mechanisms that
provision, program or pair a new part, calibrate functionality
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or perform any other function required to bring the product back
to a fully functional condition as intended by the OEM.
"Trade secret." The whole or a portion or phase of
scientific or technical information, design, process, procedure,
formula or improvement which is of value and has been
specifically identified by the OEM as of a confidential
character, and which has not been published or otherwise become
a matter of general public knowledge. There shall be a
rebuttable presumption that scientific or technical information
has not been published or otherwise become a matter of general
public knowledge when the OEM thereof takes measures to prevent
the information from becoming available to persons other than
those selected by the OEM to have access for limited purposes.
Section 3. Provision.
(a) Availability.--
(1) An OEM shall provide, on fair and reasonable terms,
documentation, parts and tools, including updates to
information or embedded software, to an independent repair
provider or to the owner of the equipment manufactured by or
on behalf of or sold or supplied by the OEM for the purpose
of diagnosis, maintenance or repair.
(2) Nothing under this subsection shall require an OEM
to make available parts or tools if the parts or tools are no
longer available to the OEM.
(b) Electronic security lock.--If equipment contains an
electronic security lock or other security-related function, an
OEM shall make available to the owner and to independent repair
providers, on fair and reasonable terms, any special
documentation, tools and parts needed to disable the lock or
function and to reset the lock or function when disabled in the
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course of diagnosis, maintenance or repair of the equipment.
Section 4. Civil penalty.
(a) Violation.--A person that violates a provision of this
act shall be subject to a civil penalty of not more than $10,000
for each violation. A penalty imposed under this section shall
be paid to the Commonwealth.
(b) Enforcement.--The Attorney General shall institute a
proceeding to recover the civil penalty provided under
subsection (a) against any person liable to the Commonwealth for
the penalty.
Section 5. Limitations and exclusions.
(a) Limitations.--Nothing under this act shall:
(1) Require an OEM to provide access to source code of
proprietary embedded software or to divulge a trade secret,
except as necessary to provide any documentation, part or
tool on fair and reasonable terms.
(2) Grant to the lessee of leased equipment a right that
is restricted under the terms of the lease agreement.
(3) Alter the terms of an agreement between an OEM and
an authorized repair provider, except that a provision in the
terms of an agreement that purports to waive, avoid, restrict
or limit the OEM's obligations under this act shall be void
and unenforceable.
(4) Authorize a person to alter digital electronic
equipment in a manner that the equipment operates in
violation of an environmental, safety or other law.
(b) Exclusions.--Nothing under this act shall apply to a
motor vehicle manufacturer or a manufacturer of motor vehicle
equipment, acting in their capacity as a motor vehicle
manufacturer or a manufacturer of motor vehicle equipment.
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Section 6. Effective date.
This act shall take effect in 60 days.
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