Digital Fair Repair Act addition of motorcycles provision

1.1 A bill for an act​ 1.2 relating to commerce; adding motorcycles to the Digital Fair Repair Act; amending​ 1.3 Minnesota Statutes 2024, section 325E.72, subdivisions 2, 3, 5, 7, 8.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read:​ 1.6 Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the​ 1.7 meanings given.​ 1.8 (b) "Authorized repair provider" means an individual or business who is unaffiliated​ 1.9 with an original equipment manufacturer and who has: (1) an arrangement with the original​ 1.10 equipment manufacturer, for a definite or indefinite period, under which the original​ 1.11 equipment manufacturer grants to the individual or business a license to use a trade name,​ 1.12 service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair​ 1.13 services for digital electronic equipment or motorcycles under the name of the original​ 1.14 equipment manufacturer; or (2) an arrangement with the original equipment manufacturer​ 1.15 to offer diagnostic, maintenance, or repair services for digital electronic equipment or​ 1.16 motorcycles on behalf of the original equipment manufacturer. An original equipment​ 1.17 manufacturer that offers diagnostic, maintenance, or repair services for the original equipment​ 1.18 manufacturer's digital electronic equipment or motorcycles is considered an authorized​ 1.19 repair provider with respect to the digital electronic equipment or motorcycles if the original​ 1.20 equipment manufacturer does not have an arrangement described in this paragraph with an​ 1.21 unaffiliated individual or business.​ 1.22 (c) "Contractor" has the meaning given in section 326B.31, subdivision 14.​ 1​Section 1.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ SENATE​ STATE OF MINNESOTA​ S.F. No. 2484​NINETY-FOURTH SESSION​ (SENATE AUTHORS: SEEBERGER, Rarick, Kupec and Wesenberg)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​03/13/2025​ Referred to Commerce and Consumer Protection​ 2.1 (d) "Cybersecurity" means the practice of protecting networks, devices, and data from​ 2.2 unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity,​ 2.3 and availability of information.​ 2.4 (e) "Digital electronic equipment" or "equipment" means any hardware product that​ 2.5 depends, in whole or in part, on digital electronics embedded in or attached to the product​ 2.6 in order for the product to function, for which the original equipment manufacturer makes​ 2.7 available tools, parts, or documentation to authorized repair providers.​ 2.8 (f) "Documentation" means a manual, diagram, reporting output, service code description,​ 2.9 schematic diagram, or similar information made available by an original equipment​ 2.10 manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair​ 2.11 services for digital electronic equipment or motorcycles.​ 2.12 (g) "Embedded software" means any programmable instructions provided on firmware​ 2.13 delivered with digital electronic equipment or motorcycles, or with a part for the equipment,​ 2.14 in order to operate the equipment. Embedded software includes all relevant patches and​ 2.15 fixes made by the manufacturer of the equipment or part in order to operate the equipment.​ 2.16 (h) "Fair and reasonable terms" means, with respect to:​ 2.17 (1) parts for digital electronic equipment or motorcycles offered by an original equipment​ 2.18 manufacturer:​ 2.19 (i) costs that are fair to both parties; and​ 2.20 (ii) terms under which an original equipment manufacturer offers the part to an authorized​ 2.21 repair provider and which:​ 2.22 (A) is not conditioned on or imposing a substantial obligation to use or restrict the use​ 2.23 of the part to diagnose, maintain, or repair digital electronic equipment or motorcycles sold,​ 2.24 leased, or otherwise supplied by the original equipment manufacturer, including a condition​ 2.25 that the owner or independent repair provider become an authorized repair provider of the​ 2.26 original equipment manufacturer; or​ 2.27 (B) a requirement that a part be registered, paired with, or approved by the original​ 2.28 equipment manufacturer or an authorized repair provider before the part is operational or​ 2.29 prohibit an original equipment manufacturer from imposing any additional cost or burden​ 2.30 that is not reasonably necessary or is designed to be an impediment on the owner or​ 2.31 independent repair provider;​ 2.32 (2) tools, software, and documentation for digital electronic equipment or motorcycles​ 2.33 offered by an original equipment manufacturer:​ 2​Section 1.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ 3.1 (i) costs that are equivalent to the lowest actual cost for which the original equipment​ 3.2 manufacturer offers the tool, software, or documentation to an authorized repair provider,​ 3.3 including any discount, rebate, or other financial incentive offered to an authorized repair​ 3.4 provider; and​ 3.5 (ii) terms that are equivalent to the most favorable terms under which an original​ 3.6 equipment manufacturer offers the tool, software, or documentation to an authorized repair​ 3.7 provider, including the methods and timeliness of delivery of the tool, software, or​ 3.8 documentation, do not impose on an owner or an independent repair provider:​ 3.9 (A) a substantial obligation to use or restrict the use of the tool, software, or​ 3.10 documentation to diagnose, maintain, or repair digital electronic equipment or motorcycles​ 3.11 sold, leased, or otherwise supplied by the original equipment manufacturer, including a​ 3.12 condition that the owner or independent repair provider become an authorized repair provider​ 3.13 of the original equipment manufacturer; or​ 3.14 (B) a requirement that a tool be registered, paired with, or approved by the original​ 3.15 equipment manufacturer or an authorized repair provider before the part or tool is operational;​ 3.16 and​ 3.17 (3) documentation offered by an original equipment manufacturer: that the documentation​ 3.18 is made available by the original equipment manufacturer at no charge, except that when​ 3.19 the documentation is requested in physical printed form, a charge may be included for the​ 3.20 reasonable actual costs of preparing and sending the copy.​ 3.21 (i) "Independent repair provider" means an individual or business operating in Minnesota​ 3.22 that: (1) does not have an arrangement described in paragraph (b) with an original equipment​ 3.23 manufacturer; (2) is not affiliated with any individual or business that has an arrangement​ 3.24 described in paragraph (b); and (3) is engaged in providing diagnostic, maintenance, or​ 3.25 repair services for digital electronic equipment or motorcycles. An original equipment​ 3.26 manufacturer or, with respect to the original equipment manufacturer, an individual or​ 3.27 business that has an arrangement with the original equipment manufacturer or is affiliated​ 3.28 with an individual or business that has an arrangement with that original equipment​ 3.29 manufacturer, is considered an independent repair provider for purposes of the instances​ 3.30 the original equipment manufacturer engages in diagnostic, maintenance, or repair services​ 3.31 for digital electronic equipment or motorcycles that is are not manufactured by or sold under​ 3.32 the name of the original equipment manufacturer.​ 3​Section 1.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ 4.1 (j) "Manufacturer of motor vehicle equipment" means a business engaged in the business​ 4.2 of manufacturing or supplying components used to manufacture, maintain, or repair a motor​ 4.3 vehicle.​ 4.4 (k) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or property​ 4.5 on a street or highway; and (2) certified by the manufacturer under (i) all applicable federal​ 4.6 safety and emissions standards, and (ii) all requirements for distribution and sale in the​ 4.7 United States. Motor vehicle does not include a recreational vehicle, a motorcycle, or an​ 4.8 auto home equipped for habitation.​ 4.9 (l) "Motor vehicle dealer" means an individual or business that, in the ordinary course​ 4.10 of business: (1) is engaged in the business of selling or leasing new motor vehicles to an​ 4.11 individual or business pursuant to a franchise agreement; (2) has obtained a license under​ 4.12 section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services​ 4.13 for motor vehicles or motor vehicle engines pursuant to a franchise agreement.​ 4.14 (m) "Motor vehicle manufacturer" means a business engaged in the business of​ 4.15 manufacturing or assembling new motor vehicles.​ 4.16 (n) "Motorcycle" has the meaning given in section 169.011, subdivision 44.​ 4.17 (n) (o) "Original equipment manufacturer" means any individual or business that, in the​ 4.18 normal course of business, is engaged in the business of selling or leasing to any individual​ 4.19 or business new digital electronic equipment or motorcycles manufactured by or on behalf​ 4.20 of the original equipment manufacturer.​ 4.21 (o) (p) "Owner" means an individual or business that owns or leases digital electronic​ 4.22 equipment or motorcycles purchased or used in Minnesota.​ 4.23 (p) (q) "Part" means any replacement part or assembly of parts, either new or used, made​ 4.24 available by an original equipment manufacturer to authorized repair providers to facilitate​ 4.25 the maintenance or repair of digital electronic equipment or motorcycles manufactured or​ 4.26 sold by the original equipment manufacturer.​ 4.27 (q) (r) "Personally identifiable information" means any representation of information​ 4.28 that permits the identity of an individual to whom the information applies to be reasonably​ 4.29 inferred by either direct or indirect means.​ 4.30 (r) (s) "Tool" means any software program, hardware implement, or other apparatus​ 4.31 used for diagnosis, maintenance, or repair of digital electronic equipment or motorcycles,​ 4.32 including software or other mechanisms that provide, program, pair a part, calibrate​ 4​Section 1.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ 5.1 functionality, or perform any other function required to repair the original equipment or​ 5.2 part back to fully functional condition, including updates.​ 5.3 (s) (t) "Trade secret" has the meaning given in section 325C.01, subdivision 5.​ 5.4 (t) (u) "Video game console" means a computing device, such as a console machine, a​ 5.5 handheld console device, or another device or system, and its components and peripherals,​ 5.6 that is primarily used by consumers for playing video games but which is neither a general​ 5.7 nor an all-purpose computer. A general or all-purpose computer includes but is not limited​ 5.8 to a desktop computer, laptop, tablet, or cell phone.​ 5.9 Sec. 2. Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read:​ 5.10 Subd. 3. Requirements. (a) For digital electronic equipment or motorcycles, and parts​ 5.11 for the equipment sold or used in Minnesota, an original equipment manufacturer must​ 5.12 make available to any independent repair provider or to the owner of digital electronic​ 5.13 equipment or motorcycles manufactured by or on behalf of, or sold by, the original equipment​ 5.14 manufacturer, on fair and reasonable terms, documentation, parts, and tools, inclusive of​ 5.15 any updates to information or embedded software, for diagnostic, maintenance, or repair​ 5.16 purposes. Nothing in this section requires an original equipment manufacturer to make​ 5.17 available a part, tools, or documentation if it is no longer available to the original equipment​ 5.18 manufacturer.​ 5.19 (b) Such parts, tools, and documentation shall be made available within 60 days after​ 5.20 the first sale of the digital electronic equipment or motorcycles in Minnesota.​ 5.21 Sec. 3. Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read:​ 5.22 Subd. 5. Limitations. (a) Nothing in this section requires an original equipment​ 5.23 manufacturer to divulge a trade secret or license any intellectual property to an owner or​ 5.24 an independent service provider, except as necessary to provide documentation, parts, and​ 5.25 tools on fair and reasonable terms.​ 5.26 (b) Nothing in this section alters the terms of any arrangement described in subdivision​ 5.27 2, paragraph (b), including but not limited to the performance or provision of warranty or​ 5.28 recall repair work by an authorized repair provider on behalf of an original equipment​ 5.29 manufacturer pursuant to the arrangement, in force between an authorized repair provider​ 5.30 and an original equipment manufacturer. A provision in the terms of an arrangement​ 5.31 described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the​ 5​Sec. 3.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ 6.1 original equipment manufacturer's obligations to comply with this section is void and​ 6.2 unenforceable.​ 6.3 (c) Nothing in this section requires an original equipment manufacturer or an authorized​ 6.4 repair provider to provide to an owner or independent repair provider access to information,​ 6.5 other than documentation, that is provided by the original equipment manufacturer to an​ 6.6 authorized repair provider pursuant to the terms of an arrangement described in subdivision​ 6.7 2, paragraph (b).​ 6.8 (d) Nothing in this section requires an original equipment manufacturer or authorized​ 6.9 repair provider to make available any parts, tools, or documentation for the purpose of​ 6.10 making modifications to any digital electronic equipment or motorcycles.​ 6.11 (e) Nothing in this section shall be construed to require the original equipment​ 6.12 manufacturer to sell service parts if the service parts are no longer provided by the original​ 6.13 equipment manufacturer or made available to authorized repair providers of the original​ 6.14 equipment manufacturer.​ 6.15 (f) Nothing in this section shall require an original manufacturer to make available special​ 6.16 documentation, tools, and parts that would disable or override antitheft security measures​ 6.17 set by the owner of the equipment without the owner's authorization.​ 6.18 (g) Nothing in this section shall apply if the original equipment manufacturer provides​ 6.19 equivalent or better, readily available replacement equipment at no charge to the customer.​ 6.20 (h) Nothing in this section requires the original manufacturer to provide access to parts,​ 6.21 tools, or documentation for work that is required to be done or supervised by an individual​ 6.22 or contractor licensed under chapter 326B or with any individual or contractor who does​ 6.23 not possess the relevant license required for that work.​ 6.24 Sec. 4. Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read:​ 6.25 Subd. 7. Liability, defenses, and warranties. No original equipment manufacturer or​ 6.26 authorized repair provider shall be liable for any damage or injury caused to any digital​ 6.27 electronic equipment or motorcycles, person, or property that occurs as a result of repair,​ 6.28 diagnosis, maintenance, or modification performed by an independent repair provider or​ 6.29 owner, including but not limited to any indirect, incidental, special, or consequential damages;​ 6.30 any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the​ 6.31 digital electronic equipment or motorcycles.​ 6​Sec. 4.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​ 7.1 Sec. 5. Minnesota Statutes 2024, section 325E.72, subdivision 8, is amended to read:​ 7.2 Subd. 8. Applicability. This section applies to motorcycles or equipment sold on or​ 7.3 after July 1, 2021.​ 7​Sec. 5.​ 25-04089 as introduced​02/19/25 REVISOR RSI/KR​