Missouri HB 2541: Changes the laws regarding consumer products so that certain individuals and businesses have a right to repair information from certain manufacturers.

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2541
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MCCREERY.
5351H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 407, RSMo, by adding thereto two new sections relating to product repair
requirements, 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 two new sections, to be
2 known as sections 407.652 and 407.653, to read as follows:
407.652. As used in sections 407.652 and 407.653, the following terms mean:
2 (1) "Authorized repair provider", an individual or business that has an oral or
3 written arrangement for a definite or indefinite period in which a manufacturer or
4 distributor transfers to a separate business organization or individual license to use a trade
5 name, service mark, or relative characteristic for the purposes of offering repair services
6 under the name of the manufacturer;
7 (2) "Documentation", manuals, diagrams, reporting output, schematic diagrams,
8 or service code descriptions provided to the authorized repair provider for the purposes
9 of repair or refurbishment;
10 (3) "Embedded software", programmable instructions provided on firmware
11 delivered with certain products for the purposes of product operation, including all
12 relevant safety, security, and defect patches and fixes made by the manufacturer for this
13 purpose. "Embedded software" shall include all software that satisfies this definition
14 regardless if called a different name including, but not limited to, assembly code, basic
15 internal operating system, internal operating system, machine code, microcode, or root
16 code;
EXPLANATION — 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.

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17 (4) "Fair and reasonable terms", an equitable price in light of relevant factors
18 including, but not limited to:
19 (a) The net cost to the authorized repair provider for similar parts obtained from
20 manufacturers, less any discounts, rebates, or other incentive programs;
21 (b) The cost to the manufacturer for preparing and distributing the parts or
22 product, excluding any research and development costs incurred in designing and
23 implementing, upgrading, or altering the product, but including amortized capital costs
24 for the preparation and distribution of the parts; and
25 (c) The price charged by other manufacturers for similar parts or products;
26 (5) "Independent repair provider", an individual or business operating in the state
27 that is not affiliated with a manufacturer or a manufacturer's authorized dealer of a
28 product and that is engaged in the diagnosis, service, maintenance, or repair of a product.
29 A manufacturer's authorized dealer shall be considered an "independent repair provider"
30 if the dealer engages in the diagnosis, service, maintenance, or repair of a product that is
31 not affiliated with the manufacturer;
32 (6) "Manufacturer", an individual or business that, in the ordinary course of its
33 business, is engaged in selling or leasing new products to consumers or other end users and
34 is engaged in the diagnosis, service, maintenance, or repair of those products;
35 (7) "Owner", an individual or business that lawfully acquires a product purchased
36 or used in the state;
37 (8) "Product", any product regardless of the date purchased. "Product" shall
38 exclude motor vehicles;
39 (9) "Remote diagnostics", a remote data-transfer function between certain
40 products and a provider of repair services, including for purposes of remote diagnostics,
41 settings controls, or location identification;
42 (10) "Service parts", replacement parts, either new or used, made available by the
43 manufacturer to the authorized repair provider for the purposes of repair;
44 (11) "Trade secret", anything tangible or intangible or electronically stored or kept
45 that constitutes, represents, evidences, or records intellectual property including, but not
46 limited to:
47 (a) Secret or confidentially held designs, processes, procedures, formulas,
48 inventions, or improvements;
49 (b) Secrets or confidentially held scientific, technical, merchandising, production,
50 financial, business, or management information; or
51 (c) Any "trade secret" as that term is defined under paragraph (3) of 18 U.S.C.
52 Section 1839.

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407.653. 1. Owners of products purchased or used in this state shall have the right
2 to:
3 (1) Access the same diagnostic and repair information of products manufactured
4 by the manufacturer as the manufacturer makes available to independent repair facilities
5 or authorized repair providers. Such information shall be provided in the same manner
6 and time as provided to authorized repair providers. Such information shall include, but
7 not be limited to, repair tech