A BILL FOR AN ACT ENTITLED: "AN ACT Generally revising the consumer protection act; prohibiting restraints on the repair of consumer goods; REQUIRING the provision of articles needed for repair of commercial goods; providing definitions; prohibiting the creation of monopolies for repair; and AMENDING SECTIONS 30-14-102, 30-14-202, AND 30-14-205, MCA."
NEW SECTION. Section 2. Provision of articles needed for repair. (1) Except as provided in subsections (2) and (3), a manufacturer of goods sold in the state shall make available to a consumer or an independent repair provider on fair and reasonable terms any articles needed for repair of the goods, including but not limited to:
(a) documentation, including but not limited to diagrams, manuals, schematics, service code descriptions, or any other guidance or information used in effecting the services of diagnostic testing, maintenance, refurbishment, or replacement of parts;
(3) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording.
(4) "Examination" of documentary material includes the inspection, study, or copying of documentary material and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy of documentary material.
(5) "Fair and reasonable terms" means costs and terms that are equivalent to the most favorable costs and terms under which an original equipment manufacturer offers the part, tool, or documentation to an authorized repair provider, less any discounts, rebates, or other incentive programs.
(5)(6) (a) "Gift certificate" means a record, including a gift card or stored value card, that is provided for paid consideration and that indicates a promise by the issuer or seller of the record that goods or services will be provided to the possessor of the record for the value that is shown on the record or contained within the record by means of a microprocessor chip, magnetic stripe, bar code, or other electronic information storage device. The consideration provided for the gift certificate must be made in advance. The value of the gift certificate is reduced by the amount spent with each use. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate. The value represented by the gift certificate belongs to the possessor, to the extent provided by law, and not to the issuer or seller.
(i) prepaid telecommunications and technology cards, including but not limited to prepaid telephone calling cards, prepaid technical support cards, and prepaid internet disks that have been distributed to or purchased by a consumer;
(7) "Independent repair provider" means an individual or business engaged in the repair of goods and operating in the state without an arrangement with a manufacturer of goods that would make the individual or business an authorized repair provider of those goods.
(8)(11) "Trade" and "commerce" mean the advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value, wherever located, and includes any trade or commerce directly or indirectly affecting the people of this state."
(b) Cost, as applied to distribution, means either the invoice price of the article or product sold or the cost to the dealer or vendor for replacing the article or product in the quantity last purchased within 90 days prior to the sale of the article or product, whichever is less, minus all trade discounts except customary cash discounts plus the cost of doing business by the vendor.
(5) "Customary cash discount" means any allowance not exceeding 2%, whether a part of a larger discount or not, made to a wholesale or retail vendor when the vendor pays for merchandise within a limited or specified time.
(8)(9) "Vendor" includes not only any person acting as one known generally and legally as a vendor but also any person who performs work upon, renovates, alters, or improves any personal property belonging to another person."
(h) enter into an agreement which binds any person not to manufacture, sell, or transport an article of commerce below a common standard or figure or which keeps such article or transportation at a fixed or graduated figure or by which the price of such article is settled so as to preclude unrestricted competition."
NEW SECTION. Section 6. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 30, chapter 14, part 1, and the provisions of Title 30, chapter 14, part 1, apply to [sections 1 and 2].
NEW SECTION. Section 7. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, contracts or warranties that were executed, or proceedings that were begun before [the effective date of this act].
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