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HB 3490

The Forming Open and Robust University Minds (FORUM) Act

2025 Regular Session Introduced by Laura Kimble

Requires OEMs to provide wheel chair parts, tools, documentation, software updates, and training to owners and independent repair providers on fair terms to enable repairs.

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Bill Summary · HB 3490

HB 3490 — Complex Wheelchair Right to Repair Act (Wheelchair Right to Repair)

Status: Introduced Feb 27, 2025; passed one chamber (May 6, 2025); currently Rule 19(a) / Re‑referred to Rules Committee.
Primary sponsor: Rep. Michelle Mussman. Co‑sponsors: Rep. Michael Crawford, Rep. Nicole La Ha.

Purpose

Establishes a state right‑to‑repair framework specifically for "complex wheelchairs" sold or used in Illinois, requiring original equipment manufacturers (OEMs) to make parts, tools, documentation, software updates, and training available to owners and independent repair providers on fair and reasonable terms so wheelchairs can be diagnosed, maintained, and repaired.

Key definitions

  • Complex wheelchair: a manual or power‑driven wheelchair that accommodates rehabilitative accessories and specific Group 3–5 power wheelchair classifications and features.
  • Original equipment manufacturer (OEM): a business that sells, leases, or supplies new complex wheelchairs manufactured by or on behalf of itself.
  • Independent repair provider: an unaffiliated individual or business in Illinois that diagnoses, maintains, or repairs complex wheelchairs.
  • Authorized repair provider: an entity authorized or affiliated with the OEM to provide repair services.
  • Documentation, parts, tools: include manuals, schematics, service codes, security codes/passwords, replacement parts (new or used), software/firmware, diagnostic tools, and training materials.

Key provisions

  • OEMs must make documentation, parts, tools, firmware/embedded software updates, and training courses/materials available to independent repair providers and owners on "fair and reasonable terms."
  • "Fair and reasonable" specifics:
    • Documentation generally free; physical copies may incur reasonable actual copying/shipping costs.
    • Tools provided free and without restrictive authorization or internet access requirements; physical tools may incur copying/shipping costs.
    • Parts must be offered on terms at least as favorable as those offered to OEM‑authorized repair providers (accounting for discounts, delivery, incentives). Availability must not be conditioned on an OEM arrangement.
    • OEMs may impose obligations reasonably necessary to enable repair but cannot impose unnecessary restrictions.
  • For equipment with electronic security locks, OEMs must provide special documentation, tools, and parts needed to access/reset locks disabled during repair.
  • Trade secret protection: the Act does not require disclosure of trade secrets as defined under Illinois law.
  • Enforcement: violations are deemed an unlawful practice under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505), exposing violators to penalties under that Act. (The bill notes penalties but does not specify new dollar amounts in the text provided.)

Who is affected

  • OEMs of complex wheelchairs (obligations to supply parts, info, and tools).
  • Independent repair providers and owners (new access to resources for repair).
  • Authorized repair providers (benchmark for favorable terms).
  • Patients and organizations that rely on complex wheelchairs (potential for faster, lower‑cost repairs and improved equipment uptime).

Procedural / timeline notes

  • Bill introduced Feb 18/27, 2025 (filed by Rep. Mussman).
  • Referred to Rules, Consumer Protection, Delivery of Government Efficiency, Business & Commerce committees; public hearings held.
  • Passed and reported engrossed in one chamber on May 6, 2025; then re‑referred to Rules Committee (Rule 19(a)).
  • Text lists an effective date of January 1, 2024 (appears inconsistent with introduction date in 2025).

If enacted, the Act would amend Illinois law by adding the Complex Wheelchair Right to Repair Act and making conforming changes to the Consumer Fraud and Deceptive Business Practices Act.

Compiled from official sources — confirm details with the bill’s official record.

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