Establishes a right to repair for certain products

SECOND REGULAR SESSION HOUSE BILL NO. 2800 102ND GENERAL ASSEMBL Y INTRODUCED BY REPRESENT A TIVE SEITZ. 5548H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT T o amend chapter 407, RSMo, by adding thereto one new section relating to the use of certain digital electronic equipment, with a penalty provision. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be 2 known as section 407.645, to read as follows: 407.645. 1. As used in this section, the following terms mean: 2 (1) "Authorized rep air pr ovider", an individual or business who has an 3 arrangement with the original equipment manufactur er under which the original 4 equipment manufactur er grants to the individual or business a license to use a trade 5 name, service mark, or other prop rietary identifier for the purposes of offering the 6 services of diagnosis, maintenance, or rep air of a motor cycle under the name of the 7 original equipment manufactur er , or other arrangement with the original equipment 8 manufactur er to offer such services on behalf of the original equipment manufactur er . 9 An original equipment manufactur er who offers the services of diagnosis, maintenance, 10 or r epair of its own motorcy cle and who does not have an arrangement with an 11 unaffiliated individual or business shall be considere d an authorized rep air provi der 12 with res pect to motorcy cles; 13 (2) "Documentation", any manual, diagram, reporting output, service code 14 description, schematic diagram, security codes, passwords, or other guidance or 15 information used in effecting the services of diagnosis, maintenance, or repa ir of a 16 motor cycle; EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language. 17 (3) "Fair and re asonable terms", making available parts, tools, or 1 8 documentation as follows: 19 (a) That documentation is made available by the original equipment 2 0 manufactur er at no charge, except when the documentation is reque sted in physical 21 printed form, a charge may be included for the r easonable, actual costs of pr eparing 22 and sending the copy; 23 (b) That tools ar e made available by the original equipment manufactur er at no 24 charge and without requi ring authorization or internet access for use or operation of the 25 tool, or imposing impediments to access or use of the tools to diagnose, maintain, or 26 r epair and enable full functionality of digital motor cycle equipment, or in a manner that 27 impairs the efficient and cost-effective performance of any such diagnosis, maintenance, 28 or r epair , except that when the tool is requ ested in physical form, a charge may be 29 included for the rea sonable, actual costs of pr eparing and sending the tool; and 30 (c) That parts are made available by the original equipment manufactur er , 31 either dir ectly or thr ough an authorized repai r pr ovider , to independent rep air 32 pr oviders and owners at costs and terms that are equivalent to the most favorable costs 33 and terms under which an original equipment manufactur er offers the parts to an 34 authorized rep air pr ovider and that: 35 a. Accounts for any discount, re bate, convenient, and timely means of delivery; 36 means of enabling fully r estored and updated functionality , rights of use, or other 37 incentive and pr efere nce the original manufactur er offers to an authorized rep air 38 pr ovider; or any additional cost, burden, or impediment the original equipment 39 manufactur er imposes on an owner or independent re pair prov ider; 40 b. Is not conditioned on or imposing a substantial obligation or re striction that is 41 not r easonably necessary for enabling the owner or independent r epair pr ovider to 42 engage in the diagnosis, maintenance, or r epair of equipment made by or on behalf of 43 the original equipment manufactur er; and 44 c. Is not conditioned on an arrangement with the original equipment 45 manufactur er; 46 (4) "Independent repair pr ovider", an individual or business operating in this 47 state that is unaffiliated with an original equipment manufactur er that is engaged in the 48 services of diagnosis, maintenance, or rep air of motor cycles; 49 (5) "Motor cycle", a motor vehicle operated on only two wheels; however , this 50 definition shall not include motorized bicycles or electric bicycles as such terms are 51 defined in section 301.010; HB 2800 2 52 (6) "Original equipment manufactur er", a business engaged in the business of 53 selling, leasing, or otherwise supplying new motor cycles manufactur ed by , or on behalf 54 of itself, to any individual or business; 55 (7) "Owner", an individual or business that owns or leases a motor cycle 56 pur chased or used in this state; 57 (8) "Part", any repl acement part, either new or used, made available by an 58 original equipment manufactur er for purposes of effecting the services of maintenance 59 or re pair of a motorc ycle manufactur ed by or on behalf of, sold, or otherwise supplied 60 by the original equipment manufactur er; 61 (9) "T ool", any software pr ogram, hardwar e implement, or other apparatus 62 used for diagnosis, maintenance, or re pair of a motorcy cle, including softwar e or other 63 mechanisms that prov ision, prog ram, or pair a new part, calibrate functionality , or 64 perform any other function r equir ed to bring the prod uct back to fully functional 65 condition, including any updates; 66 (10) "T rade secr et", the same meaning as such term is defined in section 417.453. 67 2. (1) For motor cycles and parts for motor cycles that ar e sold or used in this 68 state, an original equipment manufactur er shall make available to any independent 69 r epair pr ovider and owner of a motorc ycle manufactur ed by or on behalf of, or sold by 70 such original equipment manufacturer , on fair and r easonable terms, any 7 1 documentation, parts, and tools requi red for the diagnosis, maintenance, or rep air of 72 such a motor cycle and parts for the motorc ycle, inclusive of any updates to information. 73 The documentation, parts, and tools shall be made available either dir ectly by the 74 original equipment manufactur er or via an authorized r epair pro vider . 75 (2) For equipment that contains a motor cycle security lock or other security- 76 r elated function, the original equipment manufactur er shall make available to any 77 owner and independent rep air pr ovider , on fair and rea sonable terms, any special 78 documentation, tools, and parts needed to access and res et the lock or function when 79 disabled in the course of diagnosis, maintenance, or repai r of the motor cycle. The 80 documentation, tools, and parts may be made available thr ough appr opriate secure- 81 r elease systems. 82 3. Wi th r espect to equipment that contains an electr onic security lock or other 83 security-r elated function, a manufactur er shall, with fair and r easonable terms and 84 costs, make available to independent repai r prov iders and owners any documentation, 85 parts, embedded softwar e, firmwar e, or tools, or , with owner authorization, data needed 86 to res et the lock or function when disabled in the course of prov iding services. The 87 manufactur er may make the documentation, parts, embedded softwar e, firmwar e, HB 2800 3 88 or tools, or , with owner authorization, data available to independent r epair pr oviders 89 and owners thr ough appr opriate secure release systems. 90 4. V iolation of this section is an unlawful practice under sections 407.010 to 91 407.130 of the mer chandising practices act. All rem edies, penalties, and authority 92 granted to the attorney general under sections 407.010 to 407.130 shall be available for 93 the enforcem ent of this section. 94 5. (1) Nothing in this section shall req uire an original equipment manufactur er 95 to divulge any trade secr et to any owner or independent service pro vider . 96 (2) Nothing in this section shall alter the terms of any arrangement in for ce 97 between an authorized rep air pr ovider and an original equipment manufactur er 98 including, but not limited to, the performance or pr ovision of warranty or re call rep air 99 work by an authorized r epair provid er on behalf of an original equipment 1 0 0 manufactur er and pursuant to such arrangement, except that any pr ovision in the 101 terms that purports to waive, avoid, r estrict, or limit the original equipment 10 2 manufactur er's obligations to comply with this section shall be void and unenfor ceable. 103 (3) Nothing in this section shall be construed to r equir e a manufactur er to make 104 available special documentation, tools, and parts that would disable or override 105 antitheft security measur es set by the owner of the pr oduct without the owner's 106 authorization. 107 (4) No original equipment manufactur er or authorized repai r prov ider shall be 108 liable for any damage or injury caused to any motor cycle by an independent rep air 109 pr ovider or owner which occurs during the course of rep air , diagnosis, or maintenance. 110 6. This section shall apply with r espect to motor cycles sold or in use on or after 111 January 1, 2025. 112 7. The enactment of this section shall become effective January 1, 2025. ✔ HB 2800 4