SF 2484

as introduced - 94th Legislature (2025 - 2026) Posted on 03/14/2025 09:58am

A bill for an act
relating to commerce; adding motorcycles to the Digital Fair Repair Act; amending
Minnesota Statutes 2024, section 325E.72, subdivisions 2, 3, 5, 7, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the
meanings given.

(b) "Authorized repair provider" means an individual or business who is unaffiliated
with an original equipment manufacturer and who has: (1) an arrangement with the original
equipment manufacturer, for a definite or indefinite period, under which the original
equipment manufacturer grants to the individual or business a license to use a trade name,
service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair
services for digital electronic equipment new text begin or motorcycles new text end under the name of the original
equipment manufacturer; or (2) an arrangement with the original equipment manufacturer
to offer diagnostic, maintenance, or repair services for digital electronic equipment new text begin or
motorcycles new text end on behalf of the original equipment manufacturer. An original equipment
manufacturer that offers diagnostic, maintenance, or repair services for the original equipment
manufacturer's digital electronic equipment new text begin or motorcycles new text end is considered an authorized
repair provider with respect to the digital electronic equipment new text begin or motorcycles new text end if the original
equipment manufacturer does not have an arrangement described in this paragraph with an
unaffiliated individual or business.

(c) "Contractor" has the meaning given in section 326B.31, subdivision 14.

(d) "Cybersecurity" means the practice of protecting networks, devices, and data from
unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity,
and availability of information.

(e) "Digital electronic equipment" or "equipment" means any hardware product that
depends, in whole or in part, on digital electronics embedded in or attached to the product
in order for the product to function, for which the original equipment manufacturer makes
available tools, parts, or documentation to authorized repair providers.

(f) "Documentation" means a manual, diagram, reporting output, service code description,
schematic diagram, or similar information made available by an original equipment
manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair
services for digital electronic equipment new text begin or motorcycles new text end .

(g) "Embedded software" means any programmable instructions provided on firmware
delivered with digital electronic equipment new text begin or motorcycles new text end , or with a part for the equipment,
in order to operate the equipment. Embedded software includes all relevant patches and
fixes made by the manufacturer of the equipment or part in order to operate the equipment.

(h) "Fair and reasonable terms" means, with respect to:

(1) parts for digital electronic equipment new text begin or motorcycles new text end offered by an original equipment
manufacturer:

(i) costs that are fair to both parties; and

(ii) terms under which an original equipment manufacturer offers the part to an authorized
repair provider and which:

(A) is not conditioned on or imposing a substantial obligation to use or restrict the use
of the part to diagnose, maintain, or repair digital electronic equipment new text begin or motorcycles new text end sold,
leased, or otherwise supplied by the original equipment manufacturer, including a condition
that the owner or independent repair provider become an authorized repair provider of the
original equipment manufacturer; or

(B) a requirement that a part be registered, paired with, or approved by the original
equipment manufacturer or an authorized repair provider before the part is operational or
prohibit an original equipment manufacturer from imposing any additional cost or burden
that is not reasonably necessary or is designed to be an impediment on the owner or
independent repair provider;

(2) tools, software, and documentation for digital electronic equipment new text begin or motorcycles new text end
offered by an original equipment manufacturer:

(i) costs that are equivalent to the lowest actual cost for which the original equipment
manufacturer offers the tool, software, or documentation to an authorized repair provider,
including any discount, rebate, or other financial incentive offered to an authorized repair
provider; and

(ii) terms that are equivalent to the most favorable terms under which an original
equipment manufacturer offers the tool, software, or documentation to an authorized repair
provider, including the methods and timeliness of delivery of the tool, software, or
documentation, do not impose on an owner or an independent repair provider:

(A) a substantial obligation to use or restrict the use of the tool, software, or
documentation to diagnose, maintain, or repair digital electronic equipment new text begin or motorcycles new text end
sold, leased, or otherwise supplied by the original equipment manufacturer, including a
condition that the owner or independent repair provider become an authorized repair provider
of the original equipment manufacturer; or

(B) a requirement that a tool be registered, paired with, or approved by the original
equipment manufacturer or an authorized repair provider before the part or tool is operational;
and

(3) documentation offered by an original equipment manufacturer: that the documentation
is made available by the original equipment manufacturer at no charge, except that when
the documentation is requested in physical printed form, a charge may be included for the
reasonable actual costs of preparing and sending the copy.

(i) "Independent repair provider" means an individual or business operating in Minnesota
that: (1) does not have an arrangement described in paragraph (b) with an original equipment
manufacturer; (2) is not affiliated with any individual or business that has an arrangement
described in paragraph (b); and (3) is engaged in providing diagnostic, maintenance, or
repair services for digital electronic equipment new text begin or motorcycles new text end . An original equipment
manufacturer or, with respect to the original equipment manufacturer, an individual or
business that has an arrangement with the original equipment manufacturer or is affiliated
with an individual or business that has an arrangement with that original equipment
manufacturer, is considered an independent repair provider for purposes of the instances
the original equipment manufacturer engages in diagnostic, maintenance, or repair services
for digital electronic equipment new text begin or motorcycles new text end that deleted text begin is deleted text end new text begin are new text end not manufactured by or sold under
the name of the original equipment manufacturer.

(j) "Manufacturer of motor vehicle equipment" means a business engaged in the business
of manufacturing or supplying components used to manufacture, maintain, or repair a motor
vehicle.

(k) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or property
on a street or highway; and (2) certified by the manufacturer under (i) all applicable federal
safety and emissions standards, and (ii) all requirements for distribution and sale in the
United States. Motor vehicle does not include a recreational vehicle new text begin , a motorcycle, new text end or an
auto home equipped for habitation.

(l) "Motor vehicle dealer" means an individual or business that, in the ordinary course
of business: (1) is engaged in the business of selling or leasing new motor vehicles to an
individual or business pursuant to a franchise agreement; (2) has obtained a license under
section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services
for motor vehicles or motor vehicle engines pursuant to a franchise agreement.

(m) "Motor vehicle manufacturer" means a business engaged in the business of
manufacturing or assembling new motor vehicles.

new text begin (n) "Motorcycle" has the meaning given in section 169.011, subdivision 44.
new text end

deleted text begin (n) deleted text end new text begin (o) new text end "Original equipment manufacturer" means any individual or business that, in the
normal course of business, is engaged in the business of selling or leasing to any individual
or business new digital electronic equipment new text begin or motorcycles new text end manufactured by or on behalf
of the original equipment manufacturer.

deleted text begin (o) deleted text end new text begin (p) new text end "Owner" means an individual or business that owns or leases digital electronic
equipment new text begin or motorcycles new text end purchased or used in Minnesota.

deleted text begin (p) deleted text end new text begin (q) new text end "Part" means any replacement part or assembly of parts, either new or used, made
available by an original equipment manufacturer to authorized repair providers to facilitate
the maintenance or repair of digital electronic equipment new text begin or motorcycles new text end manufactured or
sold by the original equipment manufacturer.

deleted text begin (q) deleted text end new text begin (r) new text end "Personally identifiable information" means any representation of information
that permits the identity of an individual to whom the information applies to be reasonably
inferred by either direct or indirect means.

deleted text begin (r) deleted text end new text begin (s) new text end "Tool" means any software program, hardware implement, or other apparatus
used for diagnosis, maintenance, or repair of digital electronic equipment new text begin or motorcycles new text end ,
including software or other mechanisms that provide, program, pair a part, calibrate
functionality, or perform any other function required to repair the original equipment or
part back to fully functional condition, including updates.

deleted text begin (s) deleted text end new text begin (t) new text end "Trade secret" has the meaning given in section 325C.01, subdivision 5.

deleted text begin (t) deleted text end new text begin (u) new text end "Video game console" means a computing device, such as a console machine, a
handheld console device, or another device or system, and its components and peripherals,
that is primarily used by consumers for playing video games but which is neither a general
nor an all-purpose computer. A general or all-purpose computer includes but is not limited
to a desktop computer, laptop, tablet, or cell phone.

Sec. 2.

Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read:

Subd. 3.

Requirements.

(a) For digital electronic equipment new text begin or motorcycles, new text end and parts
for the equipment sold or used in Minnesota, an original equipment manufacturer must
make available to any independent repair provider or to the owner of digital electronic
equipment new text begin or motorcycles new text end manufactured by or on behalf of, or sold by, the original equipment
manufacturer, on fair and reasonable terms, documentation, parts, and tools, inclusive of
any updates to information or embedded software, for diagnostic, maintenance, or repair
purposes. Nothing in this section requires an original equipment manufacturer to make
available a part, tools, or documentation if it is no longer available to the original equipment
manufacturer.

(b) Such parts, tools, and documentation shall be made available within 60 days after
the first sale of the digital electronic equipment new text begin or motorcycles new text end in Minnesota.

Sec. 3.

Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read:

Subd. 5.

Limitations.

(a) Nothing in this section requires an original equipment
manufacturer to divulge a trade secret or license any intellectual property to an owner or
an independent service provider, except as necessary to provide documentation, parts, and
tools on fair and reasonable terms.

(b) Nothing in this section alters the terms of any arrangement described in subdivision
2, paragraph (b), including but not limited to the performance or provision of warranty or
recall repair work by an authorized repair provider on behalf of an original equipment
manufacturer pursuant to the arrangement, in force between an authorized repair provider
and an original equipment manufacturer. A provision in the terms of an arrangement
described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the
original equipment manufacturer's obligations to comply with this section is void and
unenforceable.

(c) Nothing in this section requires an original equipment manufacturer or an authorized
repair provider to provide to an owner or independent repair provider access to information,
other than documentation, that is provided by the original equipment manufacturer to an
authorized repair provider pursuant to the terms of an arrangement described in subdivision
2, paragraph (b).

(d) Nothing in this section requires an original equipment manufacturer or authorized
repair provider to make available any parts, tools, or documentation for the purpose of
making modifications to any digital electronic equipment new text begin or motorcycles new text end .

(e) Nothing in this section shall be construed to require the original equipment
manufacturer to sell service parts if the service parts are no longer provided by the original
equipment manufacturer or made available to authorized repair providers of the original
equipment manufacturer.

(f) Nothing in this section shall require an original manufacturer to make available special
documentation, tools, and parts that would disable or override antitheft security measures
set by the owner of the equipment without the owner's authorization.

(g) Nothing in this section shall apply if the original equipment manufacturer provides
equivalent or better, readily available replacement equipment at no charge to the customer.

(h) Nothing in this section requires the original manufacturer to provide access to parts,
tools, or documentation for work that is required to be done or supervised by an individual
or contractor licensed under chapter 326B or with any individual or contractor who does
not possess the relevant license required for that work.

Sec. 4.

Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read:

Subd. 7.

Liability, defenses, and warranties.

No original equipment manufacturer or
authorized repair provider shall be liable for any damage or injury caused to any digital
electronic equipment new text begin or motorcycles new text end , person, or property that occurs as a result of repair,
diagnosis, maintenance, or modification performed by an independent repair provider or
owner, including but not limited to any indirect, incidental, special, or consequential damages;
any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the
digital electronic equipment new text begin or motorcycles new text end .

Sec. 5.

Minnesota Statutes 2024, section 325E.72, subdivision 8, is amended to read:

Subd. 8.

Applicability.

This section applies to new text begin motorcycles or new text end equipment sold on or
after July 1, 2021.