Bill > SB1564

This bill establishes new provisions in Missouri law (Chapter 407, sections 407.652 and 407.653) to ensure that owners and independent repair providers have better access to product repair information and parts. It defines key terms like "authorized repair provider" (a business licensed by a manufacturer to offer repair services under their name), "documentation" (manuals, diagrams, etc., needed for repair), "embedded software" (the operating instructions for a product, including updates), "fair and reasonable terms" (equitable pricing for parts), "independent repair provider" (a business not affiliated with a manufacturer that repairs products), "manufacturer" (a business that sells new products and is involved in their repair), "owner" (anyone who lawfully acquires a product), "product" (any item except motor vehicles), "remote diagnostics" (the ability to communicate with a product remotely for repair purposes), "service parts" (replacement parts made available by the manufacturer), and "trade secret" (confidential intellectual property). The bill grants owners the right to access the same diagnostic and repair information that manufacturers provide to authorized repair providers, including technical updates and software, and to purchase service parts on fair and reasonable terms. It also allows authorized repair providers to obtain information in standardized formats if manufacturers offer more favorable terms to independent providers. Furthermore, owners and independent repair providers can purchase diagnostic repair tools with the same capabilities as those used by manufacturers' own staff or authorized providers. Manufacturers are not required to divulge trade secrets or provide information for products still under warranty, and they are not responsible for the functionality of aftermarket tools once they provide repair information to third parties. The bill also specifies that manufacturers cannot withhold information necessary to reset security-related functions, though they can use secure systems for releasing such information. It includes a process for notifying manufacturers of non-compliance and allows for legal action if issues are not resolved, with the Attorney General responsible for enforcement and a fine of $500 per violation. Importantly, these provisions do not apply to medical devices or central station security alarm systems.

Agriculture and Natural Resources

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=992439