SB 1564 - The act provides that owners of products purchased or used in Missouri shall have the right to: (1) Access the same diagnostic and repair information that manufacturers supply to independent repair providers or authorized repair providers as specified in the act; and (2) Purchase service parts available upon fair and reasonable terms as specified in the act. Nothing in the act shall require a manufacturer to sell service parts if the service parts are no longer available to the manufacturer or the authorized repair channel of the manufacturer. An authorized repair provider shall be able to purchase diagnostic, service, or repair information in standardized format, instead of a proprietary format, if the manufacturer sells such information to independent repair providers in the standardized format or if the manufacturer offers terms and conditions more favorable to independent repair providers. This provision shall not apply if the proprietary format includes diagnostic, service, repair or dealership operations information or functionality not available in a standardized format. Owners and independent repair providers shall be able to purchase all diagnostic repair tools, incorporating the same diagnostic repair and remote diagnostic capabilities that the manufacturer makes available to its repair or engineering staff or authorized repair providers, upon fair and reasonable terms. Certain manufacturers, as described in the act, are not responsible for the content and functionality of aftermarket diagnostic tools or service information systems. Manufacturers of products sold to provide security-related functions shall not exclude diagnostic, service, or repair information necessary to reset a security-related electronic function from information provided to owners and independent repair providers. Manufacturers may provide information necessary to reset and unlock system or security-related electronic modules to owners and independent repair providers through appropriate secure data release system. Nothing in this act shall require the manufacturer to divulge trade secrets. The act shall not be interpreted to abrogate, interfere with, contradict, or alter the terms of an agreement between an authorized repair provider and a manufacturer, as described in the act. The act shall not require manufacturers or authorized repair providers to provide an owner or independent repair provider access to non-diagnostic and non-repair information. An independent repair provider or owner who believes that a manufacturer failed to provide information, as described in the act, shall notify the manufacturer in writing and give the manufacturer thirty days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures the failure within thirty days, damages are limited to actual damages in any future litigation. If the manufacturer fails to respond to the notice or if the independent repair provider or owner is unsatisfied with the cure, the independent repair provider or owner may file a complaint. Contents of the complaint are described in the act. No manufacturer is required to provide any information or service parts, as described in the act, if the product for which the information or service parts are sought is under a valid warranty. The Attorney General shall enforce the provisions of this act. Each violation shall be punishable by a fine of $500 which shall be deposited into a school fund of a county where the complain arose. The act shall not apply to manufacturers or distributors of a medical device as defined in the Federal Food, Drug, and Cosmetic Act, or a digital electronic product or software manufactured for use in a medical setting. The act shall not apply to a manufacturer, dealer, distributor, integrator, installer or monitoring service provider of a central station security device or alarm system as described in the act. The act is identical to SB 420 (2025), SB 1472 (2024), and similar to HB 146 (2025), HB 582 (2025), HB 2041 (2024), HB 2475 (2024), SB 554 (2023), HB 217 (2023), HB 698 (2023) and HB 2141 (2022). JULIA SHEVELEVA

SECOND REGULAR SESSION SENATE BILL NO. 1564 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR MCCREERY . 4318S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 407, RSMo, by adding thereto two new sections relating to product repair requirements, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 407, RSMo, is amended by adding thereto 1 two new sections, to be known as sections 407.652 and 407.653, 2 to read as follows:3 407.652. As used in this section and section 407.653, 1 the following terms mean: 2 (1) "Authorized repair provider", an individual or 3 business that has an oral or written arrangement for a 4 definite or indefinite period in which a manufacturer or 5 distributor transfers to a separate business organization or 6 individual license to use a trade name, service mark, or 7 relative characteristic for the purposes of offering repair 8 services under the name of the manufacturer; 9 (2) "Documentation", manuals, diagrams, reporting 10 output, schematic diagrams, or service code descriptions 11 provided to the authorized repair provider for the purposes 12 of repair or refurbishment; 13 (3) "Embedded software", programmable instructions 14 provided on firmware delivered with certain products for the 15 purposes of product operation, including all relevant 16 safety, security, and defect patches and fixes made by the 17 SB 1564 2 manufacturer for this purpose. "Embedded software" shall 18 include all software that satisfies this definition 19 regardless if called a different name including, but not 20 limited to, assembly code, basic internal operating system, 21 internal operating system, machine code, microcode, or root 22 code; 23 (4) "Fair and reasonable terms", an equitable price in 24 light of relevant factors including, but not limited to: 25 (a) The net cost to the authorized repair provider for 26 similar parts obtained from manufacturers less any 27 discounts, rebates, or other incentive programs; 28 (b) The cost to the manufacturer for preparing and 29 distributing the parts or product, excluding any research 30 and development costs incurred in designing and 31 implementing, upgrading, or altering the product, but 32 including amortized capital costs for the preparation and 33 distribution of the parts; and 34 (c) The price charged by other manufacturers for 35 similar parts or products; 36 (5) "Independent repair provider", an individual or 37 business operating in the state that is not affiliated with 38 a manufacturer or a manufacturer's authorized repair dealer 39 of a product and that is engaged in the diagnosis, service, 40 maintenance, or repair of a product. A manufacturer's 41 authorized repair dealer shall be considered an independent 42 repair provider if the repair dealer engages in the 43 diagnosis, service, maintenance, or repair of a product that 44 is not affiliated with the manufacturer; 45 (6) "Manufacturer", an individual or business that, in 46 the ordinary course of its business, is engaged in selling 47 or leasing new products to consumers or other end users and 48 SB 1564 3 is engaged in the diagnosis, service, maintenance, or repair 49 of those products; 50 (7) "Owner", an individual or business that lawfully 51 acquires a product purchased or used in the state; 52 (8) "Product", any product regardless of the date 53 purchased. "Product" shall exclude motor vehicles; 54 (9) "Remote diagnostics", a remote data-transfer 55 function between certain products and a provider of repair 56 services, including for purposes of remote diagnostics, 57 settings controls, or location identification; 58 (10) "Service parts", replacement parts, either new or 59 used, made available by the manufacturer to the authorized 60 repair provider for the purposes of repair; 61 (11) "Trade secret", anything tangible or intangible 62 or electronically stored or kept that constitutes, 63 represents, evidences, or records intellectual property 64 including, but not limited to: 65 (a) Secret or confidentially held designs, processes, 66 procedures, formulas, inventions, or improvements; 67 (b) Secret or confidentially held scientific, 68 technical, merchandising, production, financial, business, 69 or management information; or 70 (c) Any trade secret as that term is defined under 71 paragraph (3) of 18 U.S.C. Section 1839. 72 407.653. 1. Owners of products purchased or used in 1 this state shall have the right to: 2 (1) Access the same diagnostic and repair information 3 of products manufactured by the manufacturer as the 4 manufacturer makes available to independent repair providers 5 or authorized repair providers. Such information shall be 6 provided in the same manner and time as provided to 7 authorized repair providers. Such information shall 8 SB 1564 4 include, but not be limited to, repair technical updates, 9 diagnostic software, service access passwords, updates and 10 corrections to firmware, and related documentation; and 11 (2) Purchase service parts available upon fair and 12 reasonable terms. Such service parts shall be made 13 available in the same manner and time as given to authorized 14 repair providers. Such service parts shall include updates 15 to firmware of parts. 16 Nothing in this section shall require the manufacturer to 17 sell service parts if the service parts are no longer 18 available to the manufacturer or the authorized repair 19 channel of the manufacturer. 20 2. An authorized repair provider shall have the right 21 to purchase diagnostic, service, or repair information in a 22 format standardized with other manufacturers instead of a 23 proprietary format from a manufacturer if the manufacturer 24 sells diagnostic, service, or repair information to 25 independent repair providers or third-party providers in 26 such a standardized format or if the manufacturer offers 27 terms and conditions more favorable to independent repair 28 providers or third-party providers than the manner and the 29 terms and conditions that are available to an authorized 30 repair provider. However, this subsection shall not apply 31 if the proprietary format includes diagnostic, service, 32 repair, or dealership operations information or 33 functionality not available in a standardized format. 34 3. Owners and independent repair providers shall have 35 the right to purchase from manufacturers of products sold or 36 used in this state all diagnostic repair tools, 37 incorporating the same diagnostic repair and remote 38 diagnostic capabilities that the manufacturer makes 39 SB 1564 5 available to its own repair or engineering staff or any 40 authorized repair providers, upon fair and reasonable terms. 41 4. Manufacturers that provide repair information to 42 aftermarket tools, diagnostics, or third-party service 43 information publications and systems have fully satisfied 44 their obligations under this section and thereafter are not 45 responsible for the content and functionality of aftermarket 46 diagnostic tools or service information systems. 47 5. Manufacturers of products sold or used in the state 48 for the purposes of providing security-related functions 49 shall not exclude diagnostic, service, or repair information 50 necessary to reset a security-related electronic function 51 from information provided to owners and independent repair 52 providers. If necessary for security purposes, 53 manufacturers may provide information necessary to reset and 54 unlock system or security-related electronic modules to 55 owners and independent repair providers through an 56 appropriate secure data release system. 57 6. Nothing in this section shall require the 58 manufacturer to divulge a trade secret. 59 7. Notwithstanding any law or rule to the contrary, 60 this section shall not be read, interpreted, or construed to 61 abrogate, interfere with, contradict, or alter the terms of 62 an agreement executed between an authorized repair provider 63 and a manufacturer including, but not limited to, performing 64 warranty or recall repair work by an authorized repair 65 provider on behalf of a manufacturer pursuant to the 66 authorized repair agreement. Except in the case of a 67 dispute arising between a manufacturer and its authorized 68 repair provider related to either party's compliance with an 69 existing repair agreement, an authorized repair provider has 70 all the rights and remedies provided in this section. 71 SB 1564 6 8. This section shall not require manufacturers or 72 authorized repair providers to provide an owner or 73 independent repair provider access to nondiagnostic and 74 nonrepair information provided by a manufacturer to an 75 authorized repair provider pursuant to the terms of an 76 authorizing agreement. 77 9. (1) An independent repair provider or owner who 78 believes that a manufacturer has failed to provide 79 information, including documentation, updates to firmware, 80 safety and security corrections, diagnostics, documentation, 81 or a tool required by this section, shall notify the 82 manufacturer in writing and give the manufacturer thirty 83 days from the time the manufacturer receives the complaint 84 to cure the failure. If the manufacturer cures the failure 85 within thirty days, damages are limited to actual damages in 86 any subsequent litigation. 87 (2) If the manufacturer fails to respond to the notice 88 provided in subdivision (1) of this subsection or if an 89 independent repair provider or owner is not satisfied with 90 the manufacturer's cure, the independent repair provider or 91 owner may file a complaint in circuit court. The complaint 92 shall include: 93 (a) Written information confirming that the 94 complainant attempted to acquire and use, through the then 95 available standard support function provided by the 96 manufacturer, all relevant diagnostics, tools, service 97 parts, documentation, and updates to embedded software, 98 including communication with customer assistance via the 99 manufacturer's then standard process, if made available by 100 the manufacturer; and 101 (b) Evidence of manufacturer notification as required 102 in subdivision (1) of this subsection. 103 SB 1564 7 10. No manufacturer shall be required to provide any 104 information or service parts under subsection 1 of this 105 section if the product for which the information or service 106 parts are sought is under a valid warranty for repair or 107 replacement of the product. 108 11. The attorney general shall enforce the provisions 109 of this section. Each violation of this section shall be 110 punishable by a fine of five hundred dollars, which shall be 111 deposited into the school fund of the county in which the 112 complaint arose. 113 12. This section shall not apply to manufacturers or 114 distributors of a medical device as defined in the Federal 115 Food, Drug, and Cosmetic Act, or a digital electronic 116 product or software manufactured for use in a medical 117 setting including diagnostic, monitoring, or control 118 equipment or any product or service that the manufacturer or 119 distributor of a medical device offers. 120 13. This section shall not apply to a manufacturer, 121 dealer, distributor, integrator, installer, or monitoring 122 service provider of a central station security device or 123 alarm system, including, but not limited to, all central 124 station alarm systems used to prevent, detect, protect 125 against, or respond to fire, carbon monoxide risks, falls, 126 medical alerts, or security incidents, or control access to 127 residential, commercial, and governmental property, 128 services, or information systems. 129 ✓