AB147: Bill Text

AB147,6,13 (o) “Tool” means a hardware implement, software program, or other apparatus used for programming, pairing, calibrating functionality, diagnosis, maintenance, or repair of equipment or parts, including software or another mechanism that does any of the following:

AB147,6,14 1. Provides, programs, or pairs a new part.

AB147,6,15 2. Calibrates functionality.

AB147,6,17 3. Performs any other function required to return the equipment or part to fully functional condition.

AB147,6,18 (p) “Trade secret” has the meaning given in s. 134.90 (1) (c).

AB147,6,22 (2) Manufacturer requirements. (a) Subject to pars. (b) and (c), a manufacturer shall upon request, using fair terms and fair costs, make available to an independent repair provider or owner of the manufacturer’s equipment or part all of the following:

AB147,7,2 1. Any documentation, data, embedded software, firmware, part, or tool that is intended for use with the equipment or part, including updates to documentation, parts, embedded software, firmware, or tools.

AB147,7,8 2. With respect to equipment that contains an electronic security lock or other security-related function, any documentation, data, embedded software, firmware, part, or tool that is needed to reset the lock or function when disabled in the course of providing a service. The manufacturer may make the documentation, embedded software, firmware, part, or tool available to the independent retail provider or owner through appropriate secure release systems.

AB147,7,10 (b) Paragraph (a) does not apply to a part that is no longer available to the manufacturer.

AB147,7,15 (c) 1. Paragraph (a) does not require a manufacturer to divulge a trade secret, except that a manufacturer may not refuse to make available to an independent repair provider or owner any documentation, data, embedded software, firmware, part, or tool necessary to provide a service on the grounds that the documentation, data, embedded software, firmware, part, or tool itself is a trade secret.

AB147,7,17 2. In response to a request made under par. (a), a manufacturer may do any of the following:

AB147,7,20 a. Redact trade secrets from portions of provided documentation if the usability of the redacted documentation for the purpose of providing a service is not diminished.

AB147,8,2 b. Withhold information regarding a component, design, functionality, or process of development of provided embedded software, firmware, a part, or a tool if the information is a trade secret and the usability of the embedded software, firmware, part, or tool is not diminished.

AB147,8,7 (d) In regards to a contract or arrangement entered into, renewed, or modified on or after the effective date of this paragraph .... [LRB inserts date], a term, provision, agreement, or language in the contract or arrangement that waives, avoids, restricts, or limits the manufacturer’s obligations under this subsection is void and unenforceable.

AB147,8,11 (3) Limitation on liability. (a) Neither a manufacturer nor an equipment dealer is liable for a faulty or otherwise improper repair provided by an independent repair provider or owner, including a faulty or otherwise improper repair that causes any of the following:

AB147,8,12 1. Damage to equipment during the repair.

AB147,8,13 2. Indirect, incidental, special, or consequential damages.

AB147,8,14 3. A person’s inability to use the equipment.

AB147,8,15 4. Reduced functionality of the equipment.

AB147,8,17 (b) A manufacturer is not liable for an action resulting from a person’s use or reliance upon data that the manufacturer provided to the person.

AB147,8,18 (4) Effect of this section. Nothing in this section does any of the following:

AB147,8,22 (a) Alters the terms of a contract or arrangement between a manufacturer and an authorized repair provider that is in force on the effective date of this paragraph .... [LRB inserts date], including the provision of warranty or recall repair work and any exclusivity clause or noncompete clause in a contract.

AB147,9,4 (b) Requires a manufacturer to provide an independent repair provider or owner access to information, other than documentation or data, that the manufacturer provides to an authorized repair provider pursuant to a contract or other arrangement with the authorized repair provider, except as necessary to comply with sub. (2).

AB147,9,6 (c) Authorizes an independent repair provider or owner to do any of the following:

AB147,9,8 1. Except as needed to provide a service, make a modification to equipment that deactivates a safety notification system.

AB147,9,12 2. Except as needed to provide a service, access a function of a tool that enables the independent repair provider or owner to change a setting on equipment in a manner that brings the equipment out of compliance with applicable safety laws.

AB147,9,13 3. Evade emissions, copyright, trademark, or patent laws.

AB147,9,14 4. Engage in equipment modification activities prohibited by law.

AB147,9,16 (d) Exempts a manufacturer from a product liability claim that is otherwise authorized under law.

AB147,9,18 (5) Penalties and remedies. (a) The department may exercise its authority under ss. 93.14 and 93.15 to investigate violations of sub. (2).

AB147,9,22 (b) Any person suffering pecuniary loss because of a violation of sub. (2) may commence an action to recover the pecuniary loss. If the person prevails, the person shall recover twice the amount of the pecuniary loss, or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees.

AB147,9,24 (c) The department, or the department of justice in consultation with the department, may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (2). Before entry of final judgment, the court may make any necessary orders to restore to a person any pecuniary loss suffered by the person because of the violation.

AB147,10,7 (d) The department, the department of justice in consultation with the department, or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (2).

AB147,10,8 (end)