1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 869 By: Floyd
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6 AS INTRODUCED
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7 An Act relating to consumer protection; creating the
7 Digital Fair Repair Act; providing short title;
8 defining terms; requiring disclosure of certain
8 documentation, parts, and tools for repairs; limiting
9 disclosed information; excluding certain industry;
9 releasing certain individuals from liability;
10 providing for enforcement; providing for
10 codification; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 772 of Title 15, unless there is
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16 created a duplication in numbering, reads as follows:
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17 This act shall be known and may be cited as the "Digital Fair
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18 Repair Act".
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19 SECTION 2. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 772.1 of Title 15, unless there
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21 is created a duplication in numbering, reads as follows:
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22 As used in this act:
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23 1. "Authorized repair provider" means an individual or business
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24 who is unaffiliated with an original equipment manufacturer and who
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 1 has an arrangement with the original equipment manufacturer, for a
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2 definite or indefinite period, under which the original equipment
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3 manufacturer grants to the individual or business a license to use a
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4 trade name, service mark or other proprietary identifier for the
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5 purposes of offering the services of diagnosis, maintenance, or
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6 repair of digital electronic equipment under the name of the
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7 original equipment manufacturer, or other arrangement with the
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8 original equipment manufacturer to offer such services on behalf of
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9 the original equipment manufacturer. An original equipment
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10 manufacturer who offers the services of diagnosis, maintenance or
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11 repair of its own digital electronic equipment, and who does not
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12 have an arrangement described in this paragraph with an unaffiliated
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13 individual or business, shall be considered an authorized repair
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14 provider with respect to such equipment;
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15 2. "Diagnosis" means the process of identifying the issue or
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16 issues that cause digital electronic equipment or equipment not be
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17 in fully working order;
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18 3. "Digital electronic equipment" or "equipment" means any
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19 product with a value over Ten Dollars ($10.00), adjusted annual by
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20 the rate of change in the Consumer Price Index as reported by the
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21 Bureau of Labor Statistics of the United States Department of Labor,
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22 that depends for its functioning, in whole or in part, on digital
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23 electronics embedded in or attached to the product;
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 1 4. "Documentation" means any manual, diagram, reporting output,
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2 service code description, schematic diagram, or similar kinds of
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3 information provided to an authorized repair provider for purposes
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4 of its effecting the services of diagnosis, maintenance, or repair
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5 of digital electronic equipment;
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6 5. "Fair and reasonable terms" means making available parts,
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7 tools, or documentation as follows:
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8 a. with respect to documentation, that the documentation
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9 is made available by the original equipment
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10 manufacturer at no charge, except when the documented
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11 is requested in physical printed form, a charge may be
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12 included for the reasonable actual costs of preparing
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13 sending the copy,
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14 b. with respect to tools, that the tools are made
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15 available by the original equipment manufacturer at no
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16 charge and without requiring authorization or Internet
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17 access for use of the tool to diagnose, maintain, or
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18 repair and enable full functionality of digital
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19 electronic equipment, or in a manner that impairs the
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20 efficient and cost-effective performance of any
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21 diagnosis, maintenance, or repair, except when such
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22 tool is request in physical form, a charge may be
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23 included for the reasonable, actual costs of preparing
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24 and sending such tool,
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 1 c. with respect to parts, that such parts are made
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2 available by the original equipment manufacturer,
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3 either directly or through an authorized repair
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4 provider, to independent repair providers and owners
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5 at costs and terms that are equivalent to the most
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6 favorable costs and terms under which an original
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7 equipment manufacturer offers the part to an
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8 authorized repair provider and which:
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9 (1) accounts for any discount, rebate, convenient and
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10 timely means of delivery, means of enabling fully
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11 restored and updated functionality, rights of
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12 use, or other incentive or preference the
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13 original equipment manufacturer offers to an
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14 authorized repair provider, or any additional
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15 cost, burden, or impediment the original
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16 equipment manufacturer imposes on an owner or
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17 independent repair provider,
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18 (2) is not conditioned on or imposing a substantial
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19 obligation or independent repair provider to
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20 engage in the diagnosis, maintenance, or repair
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21 of digital electronic equipment made by or on
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22 behalf of the original equipment manufacturer,
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23 and
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 1 (3) is not conditioned on an arrangement described in
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2 paragraph 1 of this section, and
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3 d. such parts, tools, and documentation shall be made
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4 available to an authorized repair provider, and shall
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5 further be made available by an authorized repair
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6 provider to any independent repair provider owner;
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7 provided, that the authorized repair provider is
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8 contractually and practically permitted by the
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9 original equipment manufacturer to sell such parts,
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10 tools, and documentation to any independent repair
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11 provider or owner, and provided further that such
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12 original equipment manufacturer shall not:
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13 (1) retaliate against or hinder the ability of any
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14 authorized repair provider to sell such parts,
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15 tools, or documentation through any means,
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16 including advertising restrictions or product
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17 allocation limitations unrelated to legitimate
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18 product shortages, or
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19 (2) condition or impose a substantial obligation or
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20 restriction that is not reasonably necessary for
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21 enabling the owner or independent repair provider
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22 to engage in the diagnosis, maintenance, or
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23 repair of digital electronic equipment made by or
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24 on behalf of the original equipment manufacturer;
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 1 6. "Independent repair provider" means an individual or
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2 business operating in this state who does not have an arrangement
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3 described in paragraph 1 of this section with an original equipment
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4 manufacturer, and who is not affiliated with any individual or
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5 business who has such an arrangement, and who is engaged in the
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6 services of diagnosis, maintenance, or repair of digital electronic
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7 equipment;
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8 7. "Maintenance" means any act necessary to keep currently
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9 working digital electronic equipment or equipment in fully working
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10 order;
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11 8. "Manufacturer of motor vehicle equipment" means a business
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12 engaged in the business of manufacturing or supplying components
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13 that are used in the manufacture, maintenance, or repair of a motor
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14 vehicle;
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15 9. "Medical device" means an instrument, apparatus, implement,
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16 machine, contrivance, implant, or other similar or related article,
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17 including a component part, or accessory, as defined in the federal
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18 Food, Drug, and Cosmetic Act, 21 USC, Section 321 (h) as amended
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19 from time to time, which is intended for use in the diagnosis of
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20 disease or other conditions, or in the cure, mitigation, treatment,
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21 or prevention of disease, in a person or animal;
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22 10. "Modifications" or "modify" means any alteration of digital
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23 electronic equipment that is not maintenance and not a repair;
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 1 11. "Motor vehicle" means the same as provided in Section 562
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2 of Title 47 of the Oklahoma Statutes;
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3 12. "Motor vehicle dealer" means the same as provided in
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4 Section 562 of Title 47 of the Oklahoma Statutes;
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5 13. "Motor vehicle manufacturer" means the same as provided in
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6 Section 562 of Title 47 of the Oklahoma Statues;
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7 14. "Original equipment manufacturer" means any individual or
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8 business engaged in the business of selling or leasing new digital
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9 electronic equipment manufactured by or on behalf of itself, to any
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10 individual or business;
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11 15. "Owner" means an individual or business who owns or leases
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12 digital electronic equipment purchased or used in this state;
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13 16. "Part" means any replacement part, either new or used, made
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14 available by an original equipment manufacturer for purposes of
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15 effecting the services of maintenance or repair of digital
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16 electronic equipment manufactured or sold by the original equipment
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17 manufacturer;
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18 17. "Repair" means any act needed to restore digital electronic
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19 equipment or equipment to fully working order;
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20 18. "Tool" means any software program, hardware implement, or
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21 other apparatus used for diagnosis, maintenance, or repair of
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22 digital electronic equipment, including software or other mechanisms
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23 that provide, program, or pair a part, calibrate functionality, or
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 1 program any other function required to bring the equipment or part
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2 back to fully functional condition, including any updates; and
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3 19. "Trade secret" shall have the same meaning as such term is
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4 defined in Section 86 of Title 78 of the Oklahoma Statutes.
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5 SECTION 3. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 772.2 of Title 15, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. For digital electronic equipment, and parts for such
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9 equipment, sold or used in this state, an original equipment
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10 manufacturer shall make available to any independent repair provider
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11 and owner of digital electronic equipment manufacturer by or on
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12 behalf of or sold by such original equipment manufacturer, on fair
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13 and reasonable terms, any documentation, parts, and tools required
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14 for the diagnosis, maintenance, or repair of such digital electronic
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15 equipment and parts for the equipment. The documentation, parts,
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16 and tools shall be made available either directly by such original
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17 equipment manufacturer or by an authorized repair provider.
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18 B. For equipment that contains an electronic security lock or
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19 other security-related function, the original equipment manufacturer
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20 shall make available to the owner and to independent repair
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21 providers, on fair and reasonable terms, any special documentation,
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22 tools, and parts needed to reset the lock or function when disabled
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23 in the course of diagnosis, maintenance, or repair of the equipment.
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 1 Such documentation, tools, and parts may be made available through
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2 appropriate secure release systems.
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3 SECTION 4. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 772.3 of Title 15, unless there
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5 is created a duplication in numbering, reads as follows:
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6 Nothing in this act shall be construed to:
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7 1. Require an original equipment manufacturer to divulge a
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8 trade secret to an owner or an independent repair provider except as
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9 necessary to provide documentation, parts, and tools on fair and
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10 reasonable terms;
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11 2. Alter the terms of any arrangement described in paragraph 1
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12 of Section 2 of this act in force between an authorized repair
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13 provider and an original equipment manufacturer, including, but not
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14 limited to, the performance or provision of warranty or recall
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15 repair work by an authorized repair provider on behalf of an
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16 original equipment manufacturer pursuant to such arrangement, except
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17 that any provision in such terms that purports to waive, avoid,
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18 restrict, or limit the original equipment manufacturer's obligations
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19 to comply with this act shall be void and unenforceable;
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20 3. Require an original equipment manufacturer or an authorized
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21 repair provider to provide to an owner or independent repair
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22 provider access to information, other than documentation, that is
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23 provided by the original equipment manufacturer to an authorized
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 1 repair provider pursuant to the terms of an arrangement described in
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2 paragraph 1 of Section 2 of this act;
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3 4. Require an original equipment manufacturer or authorized
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4 repair provider to make available any parts, tools, or documentation
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5 for the purpose of modifying or making modifications to any digital
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6 electronic equipment;
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7 5. Require an original equipment manufacturer or authorized
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8 repair provider to make available any parts, tools, or documentation
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9 required for the diagnosis, maintenance, or repair of public safety
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10 communications equipment, the intended use of which is for emergency
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11 response or prevention purposes by an emergency service organization
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12 such as a police, fire, or emergency medical services agency;
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13 6. Require any original equipment manufacturer or authorized
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14 repair provider to make available any parts, tools, or documentation
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15 required for the diagnosis, maintenance, or repair of digital
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16 electronic equipment in a manner that is inconsistent with or in
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17 violation of any federal law, such as gaming and entertainment
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18 consoles, related software, and components; or
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19 7. Require any original equipment manufacturer or authorized
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20 repair provider to make available any parts, tools, or documentation
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21 required for the diagnosis, maintenance, or repair of any home
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22 applicant that has a digital electronic product embedded within it
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23 including, but not limited to, refrigerators, ovens, microwaves, air
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 1 condition