Read the full stored bill text
Senate
File
2330
-
Introduced
SENATE
FILE
2330
BY
TRONE
GARRIOTT
A
BILL
FOR
An
Act
relating
to
consumer
rights
to
repair
specified
goods,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6768XS
(2)
91
nls/ko
S.F.
2330
Section
1.
NEW
SECTION
.
554J.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
2
Right
to
Repair
Act”
.
3
Sec.
2.
NEW
SECTION
.
554J.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Authorized
repair
provider”
means
a
person
other
than
7
an
original
equipment
manufacturer
with
whom
the
manufacturer
8
has
entered
into
an
oral
or
written
agreement
for
a
definite
9
or
indefinite
period,
if
the
manufacturer
grants
to
the
10
person
a
license
to
use
a
trade
name,
service
mark,
or
related
11
characteristic
for
the
purposes
of
offering
repair
services
12
under
the
name
of
the
manufacturer.
13
2.
“Digital
electronic
equipment”
means
a
product
containing
14
an
integrated
circuit,
or
a
replacement
part
for
use
in
a
15
product
containing
an
integrated
circuit,
if
manufactured
for
16
distribution
and
sale
in
the
United
States,
for
installation
in
17
a
home
appliance,
cell
phone,
or
motor
vehicle.
18
3.
“Embedded
software”
means
programmable
instructions
19
provided
on
firmware
delivered
with
digital
electronic
20
equipment
for
the
purposes
of
product
operation,
including
21
all
relevant
patches
and
fixes
made
by
the
original
equipment
22
manufacturer.
23
4.
“Fair
and
reasonable
terms”
means
an
equitable
price
in
24
light
of
relevant
factors,
including
but
not
limited
to
all
of
25
the
following:
26
a.
The
net
cost
to
the
authorized
repair
provider
for
27
similar
information
obtained
from
an
original
equipment
28
manufacturer,
less
any
discounts,
rebates,
or
other
incentive
29
programs.
30
b.
The
cost
to
an
original
equipment
manufacturer
for
31
preparing
and
distributing
the
information,
excluding
32
any
research
and
development
costs
incurred
in
designing,
33
implementing,
upgrading,
or
altering
digital
electronic
34
equipment,
but
including
amortized
capital
costs
for
the
35
-1-
LSB
6768XS
(2)
91
nls/ko
1/
7
S.F.
2330
preparation
and
distribution
of
the
information.
1
c.
The
price
charged
by
an
original
equipment
manufacturer
2
for
similar
information.
3
d.
The
price
charged
by
an
original
equipment
manufacturer
4
for
similar
information
prior
to
the
launch
of
a
manufacturer’s
5
internet
site.
6
e.
The
ability
of
aftermarket
technicians
or
shops
to
afford
7
the
information.
8
f.
The
means
by
which
the
information
is
distributed.
9
g.
The
extent
to
which
the
information
is
used,
including
10
the
number
of
users,
and
the
frequency,
duration,
and
volume
11
of
use.
12
h.
Inflation.
13
5.
“Firmware”
means
a
software
program
or
set
of
14
instructions
programmed
on
a
hardware
device
to
allow
the
15
device
to
communicate
with
other
computer
hardware.
16
6.
“Hand-held
electronic
communication
device”
means
a
mobile
17
telephone
or
other
portable
electronic
communication
device
18
capable
of
being
used
to
write,
send,
or
view
an
electronic
19
message.
20
7.
“Home
appliance”
means
a
machine
which
assists
in
21
household
functions
such
as
cooking,
cleaning,
and
food
22
preservation,
including
major
appliances
and
consumer
23
electronics.
24
8.
a.
“Independent
repair
provider”
means
a
person
25
operating
a
business
in
this
state,
if
all
of
the
following
26
apply:
27
(1)
The
business
is
engaged
in
the
diagnosis,
service,
28
maintenance,
or
repair
of
digital
electronic
equipment.
29
(2)
The
business
is
not
affiliated
with
an
original
30
equipment
manufacturer
or
the
authorized
repair
provider
of
a
31
manufacturer.
32
b.
“Independent
repair
provider”
does
not
include
an
33
original
equipment
manufacturer
engaged
in
the
diagnosis,
34
service,
maintenance,
or
repair
of
digital
electronic
equipment
35
-2-
LSB
6768XS
(2)
91
nls/ko
2/
7
S.F.
2330
that
is
not
affiliated
with
the
manufacturer.
1
9.
“Interest
holder”
means
a
consumer
who
holds
a
legal
2
interest
in
digital
electronic
equipment,
including
as
an
3
owner,
lessee,
or
licensee.
4
10.
“Motor
vehicle”
means
any
self-propelled
vehicle
subject
5
to
registration
under
chapter
321.
6
11.
“Original
equipment
manufacturer”
or
“manufacturer”
means
7
a
person
who,
in
the
ordinary
course
of
business,
is
engaged
in
8
the
business
of
doing
all
of
the
following:
9
a.
Selling
or
leasing
new
digital
electronic
equipment,
10
including
replacement
parts
of
equipment,
to
a
consumer.
11
b.
Diagnosing,
servicing,
maintaining,
or
repairing
digital
12
electronic
equipment,
including
parts
of
such
equipment.
13
12.
a.
“Replacement
part”
means
any
new
or
used
tangible
14
personal
property
made
available
by
an
original
equipment
15
manufacturer
to
an
authorized
repair
provider
for
purposes
of
16
effecting
a
repair.
17
b.
“Replacement
part”
includes
a
component
of
digital
18
electronic
equipment
that
performs
the
same
or
similar
function
19
as
the
component
being
replaced
and
that
restores
digital
20
electronic
equipment
to
an
operational
condition
or
improves
21
the
efficiency
or
capability
of
digital
electronic
equipment.
22
13.
“Trade
secret”
means
anything
tangible
or
intangible
23
or
electronically
stored
or
kept
which
constitutes,
24
represents,
evidences,
or
records
intellectual
property,
25
including
secret
or
confidentially
held
designs,
processes,
26
procedures,
formulas,
inventions,
or
improvements,
or
secret
27
or
confidentially
held
scientific,
technical,
merchandising,
28
production,
financial,
business,
or
management
information,
or
29
any
other
trade
secret
as
defined
in
18
U.S.C.
§1839.
30
Sec.
3.
NEW
SECTION
.
554J.3
Requirements.
31
1.
An
original
equipment
manufacturer
of
a
hand-held
32
electronic
communication
device,
home
appliance,
or
motor
33
vehicle
shall
make
diagnostic
and
repair
information,
including
34
repair
technical
updates
and
embedded
software
updates
and
35
-3-
LSB
6768XS
(2)
91
nls/ko
3/
7
S.F.
2330
corrections,
available
to
any
independent
repair
provider
or
1
interest
holder
of
digital
electronic
equipment
manufactured
by
2
an
original
equipment
manufacturer
for
no
charge
or
in
the
same
3
manner
as
the
manufacturer
makes
such
diagnostic
and
repair
4
information
available
to
authorized
repair
providers
after
the
5
hand-held
electronic
communication
device,
home
appliance,
or
6
motor
vehicle
is
six
years
old.
7
2.
An
original
equipment
manufacturer
that
sells
any
8
diagnostic
and
repair
information
to
any
independent
repair
9
provider
or
to
any
interest
holder
in
a
format
that
is
10
standardized
with
other
original
equipment
manufacturers,
and
11
on
terms
and
conditions
more
favorable
than
the
manner
and
the
12
terms
and
conditions
pursuant
to
which
the
authorized
repair
13
provider
obtains
the
same
diagnostic
and
repair
information,
14
shall
not
require
an
authorized
repair
provider
or
interest
15
holder
to
continue
purchasing
diagnostic
and
repair
information
16
in
a
proprietary
format,
unless
such
proprietary
format
17
includes
diagnostic
and
repair
information
or
functionality
18
that
is
not
available
in
such
standardized
format.
19
3.
An
original
equipment
manufacturer
of
digital
electronic
20
equipment
sold
or
used
in
this
state
shall
make
available
21
for
purchase
by
independent
repair
providers
and
interest
22
holders,
after
a
hand-held
electronic
communication
device,
23
home
appliance,
or
motor
vehicle
is
six
years
or
older,
all
24
diagnostic
repair
tools
incorporating
the
same
diagnostic,
25
repair,
and
remote
communications
capabilities
that
the
26
original
equipment
manufacturer
makes
available
to
the
27
repair
or
engineering
personnel
employed
by
the
original
28
equipment
manufacturer
or
to
any
authorized
repair
provider.
29
An
original
equipment
manufacturer
shall
offer
such
tools
30
for
sale
to
any
independent
repair
provider
or
interest
31
holder
upon
fair
and
reasonable
terms.
An
original
equipment
32
manufacturer
that
provides
diagnostic
repair
information
33
to
aftermarket
diagnostic
tool
manufacturers,
diagnostics
34
providers,
or
service
information
publications
and
systems
35
-4-
LSB
6768XS
(2)
91
nls/ko
4/
7
S.F.
2330
shall
not
be
responsible
for
the
content
and
functionality
of
1
such
aftermarket
diagnostic
tools,
diagnostics,
or
service
2
information
systems.
3
4.
Digital
electronic
equipment
sold
or
used
in
this
4
state
for
the
purpose
of
providing
security-related
functions
5
shall
not
exclude
diagnostic
and
repair
information
necessary
6
to
reset
a
security-related
electronic
function
from
the
7
information
provided
to
an
independent
repair
provider
or
an
8
interest
holder.
Information
necessary
to
reset
an
immobilizer
9
system
or
other
security-related
electronic
module
shall
be
10
obtained
by
an
independent
repair
provider
interest
holder
or
11
through
the
appropriate
secure
data
release
systems
of
the
12
original
equipment
manufacturer.
13
Sec.
4.
NEW
SECTION
.
554J.4
Applicability.
14
This
chapter
does
not
require
an
original
equipment
15
manufacturer
to
sell
replacement
parts
if
the
replacement
parts
16
are
no
longer
available
to
the
manufacturer
or
an
authorized
17
repair
provider
of
the
manufacturer.
18
Sec.
5.
NEW
SECTION
.
554J.5
Statutory
construction.
19
This
chapter
shall
not
be
construed
to
do
any
of
the
20
following:
21
1.
Require
an
original
equipment
manufacturer
to
divulge
a
22
trade
secret.
23
2.
Abrogate,
interfere
with,
contradict
or
alter
the
terms
24
of
any
agreement
executed
and
in
effect
between
an
authorized
25
repair
provider
and
an
original
equipment
manufacturer,
26
including
but
not
limited
to
the
performance
or
provision
of
27
warranty
or
recall
repair
work
by
an
authorized
repair
provider
28
on
behalf
of
a
manufacturer
pursuant
to
such
agreement.
29
3.
Require
an
original
equipment
manufacturer
or
an
30
authorized
repair
provider
to
provide
an
interest
holder
or
31
independent
repair
provider
access
to
nondiagnostic
and
repair
32
information
provided
by
a
manufacturer
to
an
authorized
repair
33
provider
pursuant
to
the
terms
of
an
agreement.
34
Sec.
6.
NEW
SECTION
.
554J.6
Rules.
35
-5-
LSB
6768XS
(2)
91
nls/ko
5/
7
S.F.
2330
1.
The
attorney
general
shall
adopt
rules
under
chapter
17A
1
and
forms
as
necessary
to
implement
this
chapter.
2
2.
In
prescribing
rules
and
forms
under
this
chapter,
the
3
attorney
general
may
cooperate
with
agencies
that
perform
4
similar
functions
in
other
states
with
a
view
to
effectuating
5
the
policy
of
this
chapter
to
achieve
maximum
uniformity
in
the
6
form
and
content
of
certification,
regulation,
and
procedural
7
evaluation
of
manufacturer-established
programs,
required
8
recordkeeping,
required
reporting
wherever
practicable,
and
9
required
notices
to
consumers.
10
Sec.
7.
NEW
SECTION
.
554J.7
Subpoenas.
11
The
attorney
general
may
enforce
and
ensure
compliance
with
12
the
provisions
of
this
chapter
and
rules
adopted
pursuant
to
13
section
554J.6,
may
issue
subpoenas
requiring
the
attendance
14
of
witnesses
and
the
production
of
evidence,
and
may
petition
15
any
court
having
jurisdiction
to
compel
compliance
with
the
16
subpoenas.
17
Sec.
8.
NEW
SECTION
.
554J.8
Certain
provisions
in
18
agreements
void.
19
1.
A
provision
in
an
agreement
entered
into
by
a
consumer
20
that
waives,
limits,
or
disclaims
the
rights
set
forth
in
this
21
chapter
is
void
as
contrary
to
public
policy.
22
2.
A
provision
in
an
agreement
that
waives,
voids,
23
restricts,
or
limits
an
original
equipment
manufacturer’s
24
compliance
with
this
chapter
shall
be
void
and
unenforceable.
25
Sec.
9.
NEW
SECTION
.
554J.9
Unfair
or
deceptive
trade
26
practice.
27
An
original
equipment
manufacturer
who
violates
this
chapter
28
commits
an
unfair
or
deceptive
trade
practice
as
provided
in
29
section
714.16,
subsection
2,
paragraph
“a”
.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
creates
the
“Iowa
Right
to
Repair
Act”
that
34
restricts
certain
practices
by
an
original
equipment
35
-6-
LSB
6768XS
(2)
91
nls/ko
6/
7
S.F.
2330
manufacturer
of
digital
electronic
equipment
that
is
part
of
1
a
hand-held
electronic
communication
device,
home
appliance,
2
or
motor
vehicle
that
is
six
years
old
and
subject
to
repair
by
3
the
manufacturer,
an
authorized
repair
provider
affiliated
with
4
the
manufacturer,
an
independent
repair
provider,
or
a
person
5
who
holds
a
legal
interest
in
the
equipment.
6
The
bill
provides
that
a
manufacturer
must
make
certain
7
information
available
to
an
independent
repair
provider
or
8
a
person
holding
a
legal
interest
in
the
digital
electronic
9
equipment,
including
diagnostic
and
repair
information.
The
10
manufacturer
must
also
provide
diagnostic
repair
tools
to
11
an
independent
repair
provider
or
a
person
holding
a
legal
12
interest
in
the
digital
electronic
equipment,
in
the
same
13
manner
as
provided
to
an
authorized
repair
provider.
The
sales
14
terms
must
be
fair
and
reasonable
as
defined
in
the
bill.
The
15
bill
provides
that
a
manufacturer
is
not
required
to
provide
16
replacement
parts
if
no
longer
available
to
the
manufacturer
or
17
an
authorized
repair
provider.
The
bill
cannot
be
applied
to
18
require
a
manufacturer
to
divulge
a
trade
secret
or
abrogate
19
warranty
provisions.
A
provision
in
an
agreement
that
is
20
entered
into
by
a
consumer
that
waives
a
right
provided
in
the
21
Code
chapter
is
void.
22
The
attorney
general
is
responsible
for
enforcing
the
bill
23
and
is
required
to
adopt
rules
necessary
to
implement
the
bill.
24
A
violation
of
the
bill
by
a
manufacturer
is
considered
an
25
unfair
or
deceptive
trade
practice
under
Code
section
714.16,
26
for
which
the
attorney
general
may
bring
a
civil
action
against
27
the
manufacturer,
including
by
seeking
injunctive
relief,
or
28
asking
a
court
to
impose
a
civil
penalty
not
to
exceed
$40,000
29
per
violation.
30
-7-
LSB
6768XS
(2)
91
nls/ko
7/
7