IN HB1413 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 14 2019 - 25% progression
Action: 2019-01-14 - First reading: referred to Committee on Commerce, Small Business and Economic Development
Pending: House Commerce, Small Business and Economic Development Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Right to repair. Requires a manufacturer of a consumer electronic device that is sold in Indiana to: (1) provide to an independent service provider or owner of the electronic device any service documentation the manufacturer provides to its authorized service providers; and (2) make available for purchase, upon reasonable terms, any service part the manufacturer provides to its authorized service providers (the requirements). Provides that the requirements do not apply to manufacturers of: (1) motor vehicles; or (2) medical devices. Provides for the following exceptions to the requirements: (1) Provides that a manufacturer is not required to provide: (A) information unrelated to diagnostic, maintenance, or repair service; or (B) service documentation or service parts to which the manufacturer does not have access. (2) Provides that a manufacturer is not required to provide to an independent service provider or owner service information that the manufacturer has provided to an aftermarket vendor that: (A) sells or publishes service information for consumer electronic devices; or (B) makes and sells tools or software for diagnosing, maintaining, or repairing the manufacturer's consumer electronic device. (3) Provides that a manufacturer is not required to divulge a trade secret. Provides that a manufacturer that sells service documentation to an independent service provider or owner: (1) in a format that is standardized with respect to comparable information supplied by manufacturers of comparable consumer electronic devices; and (2) under terms and conditions more favorable than the terms and conditions under which the manufacturer provides the information to an authorized service provider; may not require an authorized service provider to purchase the service documentation in a proprietary format unless the proprietary format includes content or functionality that is not available in the standardized format. Provides that a violation of the requirements is: (1) actionable by the attorney general as; and (2) subject to the remedies and penalties that apply to; a deceptive consumer sales practice.

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Title

Right to repair. Requires a manufacturer of a consumer electronic device that is sold in Indiana to: (1) provide to an independent service provider or owner of the electronic device any service documentation the manufacturer provides to its authorized service providers; and (2) make available for purchase, upon reasonable terms, any service part the manufacturer provides to its authorized service providers (the requirements). Provides that the requirements do not apply to manufacturers of: (1) motor vehicles; or (2) medical devices. Provides for the following exceptions to the requirements: (1) Provides that a manufacturer is not required to provide: (A) information unrelated to diagnostic, maintenance, or repair service; or (B) service documentation or service parts to which the manufacturer does not have access. (2) Provides that a manufacturer is not required to provide to an independent service provider or owner service information that the manufacturer has provided to an aftermarket vendor that: (A) sells or publishes service information for consumer electronic devices; or (B) makes and sells tools or software for diagnosing, maintaining, or repairing the manufacturer's consumer electronic device. (3) Provides that a manufacturer is not required to divulge a trade secret. Provides that a manufacturer that sells service documentation to an independent service provider or owner: (1) in a format that is standardized with respect to comparable information supplied by manufacturers of comparable consumer electronic devices; and (2) under terms and conditions more favorable than the terms and conditions under which the manufacturer provides the information to an authorized service provider; may not require an authorized service provider to purchase the service documentation in a proprietary format unless the proprietary format includes content or functionality that is not available in the standardized format. Provides that a violation of the requirements is: (1) actionable by the attorney general as; and (2) subject to the remedies and penalties that apply to; a deceptive consumer sales practice.

Sponsors


History

DateChamberAction
2019-01-14HouseFirst reading: referred to Committee on Commerce, Small Business and Economic Development
2019-01-14HouseAuthored by Representative Goodin

Indiana State Sources


Bill Comments

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