PRINTER'S NO. 857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
744
Session of
2023
INTRODUCED BY REGAN, HAYWOOD, TARTAGLIONE, BREWSTER, DUSH,
MILLER, COSTA, SCHWANK AND KANE, JUNE 6, 2023
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 6, 2023
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;
and imposing a penalty.
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 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:
"Authorized repair provider." As follows:
(1) An individual or business entity that has an
arrangement with the OEM under which the OEM grants to the
individual or business entity a license to use a trade name,
service mark or other proprietary identifier for the purposes
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of offering the services of diagnosis, maintenance or repair
of equipment under the name of the OEM or other arrangement
with the OEM to offer the services on behalf of the OEM.
(2) An OEM that offers the services of diagnosis,
maintenance or repair of the OEM's own equipment and who does
not have an arrangement described under paragraph (1) with an
unaffiliated individual or business.
"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.
"Documentation." A manual, diagram, reporting output,
service code description, schematic diagram or other information
used in effecting the services of diagnosis, maintenance or
repair of equipment.
"Fair and reasonable terms." Terms that make documentation,
tools or parts available as follows:
(1) With respect to documentation, that the
documentation is made available by the OEM 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) With respect to tools, that the tools are made
available by the OEM 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 a device, or in a manner that impairs the efficient and
cost-effective performance of the diagnosis, maintenance or
repair, except that, when the tool is requested in physical
form, a charge may be included for the reasonable, actual
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costs of preparing and sending the tool.
(3) With respect to parts, that the parts are made
available by the OEM, either directly or through an
authorized repair provider, to independent repair providers
and owners at costs and terms that are equivalent to the most
favorable costs and terms under which an OEM offers the parts
to an authorized repair provider and which:
(i) Accounts for any:
(A) 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 OEM offers to an
authorized repair provider; or
(B) additional cost, burden or impediment the
OEM imposes on an owner or independent repair
provider.
(ii) 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 OEM.
(iii) Is not conditioned on an arrangement described
under paragraph (1) of the definition of "authorized
repair provider."
"Independent repair provider." An individual or business
entity operating in this Commonwealth that is not an authorized
repair provider and that is engaged in the services of
diagnosis, maintenance or repair of equipment.
"Motor vehicle." A vehicle that is designed for transporting
individuals or property on a street or highway and is certified
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by the motor vehicle manufacturer under all applicable Federal
safety and emissions standards and requirements for distribution
and sale in the United States.
"Motor vehicle manufacturer." An individual or business
entity operating as a manufacturer, as defined under 75 Pa.C.S.
§ 102 (relating to definitions).
"Original equipment manufacturer" or "OEM." An individual or
business entity engaged in the selling, leasing or supplying of
new equipment manufactured by or on behalf of itself to an
individual or business entity.
"Owner." An individual or business entity that 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.
"Tool." A software program, hardware implement or other
apparatus used for diagnosis, maintenance or repair of
equipment, including software or other mechanisms that:
(1) provision, program or pair a new part;
(2) calibrate functionality; or
(3) perform any other function required to make the
product fully functional, including any updates.
"Trade secret." As defined under 18 Pa.C.S. § 3930 (relating
to theft of trade secrets).
Section 3. Provision.
For equipment and parts for the equipment that are sold or
used in this Commonwealth:
(1) An OEM shall make available, on fair and reasonable
terms, documentation, parts and tools required for the
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purpose of diagnosis, maintenance or repair, including
updates to information, 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.
(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.
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 divulge a trade secret to an
independent repair provider or an owner.
(2) Alter the terms of an arrangement in force between
an authorized repair provider and an OEM, including the
performance or provision of warranty or recall repair work by
an authorized repair provider on behalf of an OEM and
pursuant to the arrangement, except that a provision in the
terms that purports to waive, avoid, restrict or limit the
OEM's obligations to comply with this section shall be void
and unenforceable.
(3) Authorize a person to alter equipment in a manner
that the equipment operates in violation of an environmental,
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safety or other law.
(4) Hold an OEM liable for damage or injury caused by an
independent repair provider or owner which occurs during the
course of the repair, diagnosis or maintenance, including
indirect, incidental, special or consequential damage, loss
of data, privacy or profits or liability to use or reduce
functionality of the equipment.
(b) Exclusions.--Nothing under this act shall apply to:
(1) 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;
(2) a medical device as defined in 21 U.S.C. Ch. 9
(relating to Federal Food, Drug, and Cosmetic Act) or a
digital electronic product or software manufactured for use
in a medical setting, including diagnostic, monitoring or
control equipment, or a product or service that the
manufacturer or distributor of a medical device offers; or
(3) a manufacturer, distributor, importer or dealer of:
(i) off-road equipment, including farm and utility
tractors, farm implements and farm machinery;
(ii) forestry equipment;
(iii) industrial equipment;
(iv) utility equipment;
(v) construction equipment;
(vi) compact construction equipment;
(vii) mining equipment;
(viii) turf, yard and garden equipment;
(ix) outdoor power equipment, including portable
generators;
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(x) marine, all-terrain sports and recreational
vehicles, including racing vehicles;
(xi) stand-alone or integrated stationary or mobile
internal combustion engines or other power sources,
including generator sets, electric/battery and fuel cell
power; and
(xii) tools, technology, attachments, accessories,
components and repair parts for any of the foregoing.
Section 6. Effective date.
This act shall take effect in 180 days.
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