summary
Introduced
02/07/2025
02/07/2025
In Committee
04/11/2025
04/11/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing complex wheelchairs, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex wheelchairs. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective January 1, 2024.
AI Summary
This bill establishes the Complex Wheelchair Right to Repair Act, which requires original equipment manufacturers of complex wheelchairs (including power wheelchairs in groups 2-5 and manual wheelchairs with rehabilitative features) to provide independent repair providers and wheelchair owners with documentation, parts, tools, and software needed to diagnose, maintain, and repair these wheelchairs. The bill defines "fair and reasonable terms" for providing these resources, which includes making documentation and tools available at no charge (except for actual printing or shipping costs), and offering parts at the same costs and terms given to authorized repair providers. The legislation ensures that manufacturers cannot impose unreasonable conditions or restrictions on repair access, though they are not required to share trade secrets. Violations of the act will be considered unlawful practices under the Consumer Fraud and Deceptive Business Practices Act, enforceable by the Attorney General. The bill also includes protections for manufacturers, stipulating that they are not liable for damages caused during independent repairs and that the act does not alter existing arrangements between manufacturers and authorized repair providers. The law will apply to complex wheelchairs sold or in use on or after its effective date of January 1, 2024.
Committee Categories
Business and Industry
Sponsors (3)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 04/11/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3490&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3490.htm |
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