00 CS FOR HOUSE BILL NO. 162(CRA) 01 "An Act relating to the diagnosis, maintenance, modification, and repair of digital 02 products; adding an unlawful act to the Alaska Unfair Trade Practices and Consumer 03 Protection Act; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Digital Right to Repair Act.  08  * Sec. 2. AS 45.45 is amended by adding new sections to read: 09 Article 12A. Digital Product Diagnosis, Maintenance, and Repair.  10 Sec. 45.45.800. Digital product diagnosis, maintenance, and repair. (a) A 11 digital product manufacturer shall, as required under AS 45.45.800 - 45.45.899, make 12 available to an independent service provider or owner of a digital product 13 manufactured, sold, or leased by or on behalf of the manufacturer any documentation, 14 parts, and tools provided to an authorized service provider for the diagnosis, 01 maintenance, or repair of the digital product. 02 (b) The documentation, parts, and tools made available under (a) of this 03 section must include any changes made by the digital product manufacturer to update, 04 fix, or improve a computer program, including the program's data, or firmware used in 05 the product or part. 06 Sec. 45.45.810. Security features. If a digital product contains an electronic 07 security lock or other security-related feature that is disabled during the diagnosis, 08 maintenance, or repair of the product, the digital product manufacturer shall make 09 available to the independent service provider or owner of the product the 10 documentation, parts, and tools necessary to reset the security-related feature. The 11 manufacturer may use appropriate secure release systems to make the documentation, 12 parts, and tools available. 13 Sec. 45.45.820. Unavailable parts. A digital product manufacturer is not 14 required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 15 longer available to the manufacturer. 16 Sec. 45.45.830. Terms of providing documentation, parts, and tools. (a) 17 Except as provided in AS 45.45.840 and (b) and (c) of this section, a digital product 18 manufacturer shall make available to an independent service provider or owner of the 19 product 20 (1) documentation required under AS 45.45.800 - 45.45.899 if the 21 provider or owner requests a physical copy of the documentation; the manufacturer 22 may charge the provider or owner for the reasonable, actual cost of preparing and 23 sending a copy of the documentation; 24 (2) parts required under AS 45.45.800 - 45.45.899, directly or through 25 an authorized service provider, on terms that are the same as the most favorable terms 26 the manufacturer provides to an authorized service provider of the manufacturer; 27 (3) the tools required under AS 45.45.800 - 45.45.899 without 28 (A) charge, except that, if the provider or owner requests a tool 29 in physical form, the manufacturer may charge the provider or owner for the 30 reasonable, actual costs of producing, preparing, and sending the tool; 31 (B) impeding access or use of the tool to diagnose, maintain, or 01 repair and enable full functionality of the digital product; 02 (C) impeding the efficient and cost-effective use of the 03 diagnostic, maintenance, or repair functions of the tool; and 04 (4) upon request, product information and repair materials the 05 manufacturer provides to an authorized service. 06 (b) A digital product manufacturer may not charge an independent service 07 provider or an owner a price that is greater than the price the manufacturer charges its 08 authorized service provider, after discounts, rebates, and other incentive programs, to 09 make the same documentation, part, or tool available. 10 (c) Notwithstanding (a)(2) and (b) of this section, a digital product 11 manufacturer shall, directly or through an authorized service provider, provide parts to 12 an owner or independent service provider on terms and at costs that are reasonable 13 considering the conditions agreed on, the quality of the parts, and the timeliness of the 14 delivery, for a digital product that is 15 (1) power-sports equipment; 16 (2) power-driven farm, forestry, construction, industrial, utility, 17 mining, road-building, material-handling, or similar equipment; or 18 (3) a stand-alone or mobile engine, generator, battery bank or other 19 power producing or storing device. 20 Sec. 45.45.840. Commercial and industrial equipment. Notwithstanding 21 AS 45.45.830, a manufacturer of a digital product that is commercial or industrial 22 equipment may 23 (1) notwithstanding AS 45.45.830, require reasonable training or 24 certification of an independent service provider or owner of the product, or 25 verification of the independent service provider's or owner's competency, before 26 providing the independent service provider or owner with access to specialized 27 documentation, tools, or other information that allows a person to modify the product's 28 safety or critical systems; 29 (2) provide an independent service provider or owner of the product 30 with access to a product's secure systems, including by way of remote authorization or 31 through a controlled software platform; and 01 (3) offer to an independent service provider or owner of the product 02 parts for the product as an assembly, rather than individual components, if the 03 manufacturer provides those parts as an assembly to an authorized service provider. 04 Sec. 45.45.850. Independent service provider. A person is considered to be 05 an independent service provider under AS 45.45.800 - 45.45.899 if the person 06 (1) engages in the business of diagnosis, maintenance, or repair of 07 digital products in the state; and 08 (2) is not a digital product manufacturer, does not have a license or 09 contract with a digital product manufacturer under AS 45.45.860(a), and is not 10 affiliated with a person that has a license or contract with a digital product 11 manufacturer under AS 45.45.860(a). 12 Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 13 service provider under AS 45.45.800 - 45.45.899 if the person has a 14 (1) license to use a trade name, service mark, or other proprietary 15 identification of the digital product manufacturer to offer diagnosis, maintenance, or 16 repair of digital products under the name of the digital product manufacturer; or 17 (2) contract that is not described in (1) of this subsection with the 18 digital product manufacturer to provide diagnosis, maintenance, or repair of digital 19 products that are manufactured by the digital product manufacturer. 20 (b) A digital product manufacturer that offers the services of diagnosis, 21 maintenance, or repair of its own digital products is considered an authorized service 22 provider for those products for the purposes of AS 45.45.800 - 45.45.899. 23 Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 24 construed to require a digital product manufacturer to disclose a trade secret to an 25 independent service provider or an owner. In this section, "trade secret" has the 26 meaning given in AS 45.50.940. 27 Sec. 45.45.880. Limitations on application and liability. (a) An agreement or 28 provision that waives, restricts, or otherwise limits the obligations of a digital product 29 manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 30 (b) A digital product manufacturer or authorized service provider may not be 31 held civilly liable for damages or injuries caused by an independent service provider 01 or owner during the course of the independent service provider's or owner's diagnosis, 02 maintenance, or repair of the product. 03 Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 04 construed to 05 (1) require a digital product manufacturer or an authorized service 06 provider to make available to an independent service provider or an owner the 07 information, other than documentation, that a digital product manufacturer makes 08 available to an authorized service provider under a license or other contract described 09 in AS 45.45.860(a); or 10 (2) alter, impair, or supersede the terms of a lease or commercial 11 contract. 12 Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 13 do not apply to 14 (1) a digital product that is a medical device intended for use in the 15 diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 16 prevention of disease, in humans or animals; 17 (2) the diagnosis, maintenance, or repair of a digital product that is 18 (A) a motor vehicle or a part for a motor vehicle; or 19 (B) critical infrastructure, a part for critical infrastructure, or 20 related equipment; or 21 (3) a digital product that is 22 (A) a fire alarm or other life safety system; 23 (B) a physical intrusion detection system monitored by a 24 person providing a security service; or 25 (C) physical access control equipment, including electronic 26 keypads and building access systems. 27 (b) In this section, 28 (1) "critical infrastructure" has the meaning given in AS 26.23.900; 29 (2) "medical device" has the meaning given to "device" in 21 U.S.C. 30 321(h)(1). 31 Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 01 (1) "authorized service provider" means a person that is an authorized 02 service provider under AS 45.45.860; 03 (2) "digital product" means a product that depends for its functioning, 04 in whole or in part, on digital electronics embedded in or attached to the product; 05 (3) "digital product manufacturer" means a person engaged in the 06 business of selling, leasing, or otherwise supplying new digital products manufactured 07 by or on behalf of the person to another person; 08 (4) "documentation" means a manual, diagram, reporting output, 09 service code description, schematic diagram, security code, password, or other 10 guidance or information used in effecting the services of diagnosis, maintenance, or 11 repair of a digital product; 12 (5) "independent service provider" means a person that is an 13 independent service provider under AS 45.45.850; 14 (6) "motor vehicle" means a vehicle designed for transporting persons 15 or property on a street or highway and certified by the manufacturer under all 16 applicable federal emissions standards and requirements for distribution and sale in the 17 United States; 18 (7) "owner" means a person who owns or leases a digital product; 19 (8) "part" means a new or used replacement part that a digital product 20 manufacturer makes available for the maintenance or repair of the product; 21 (9) "powersports equipment" 22 (A) includes an all-terrain vehicle, a personal watercraft, 23 snowmobile, or similar vehicle or craft, and attachments and repair parts for 24 powersports equipment; 25 (B) does not include a motor vehicle required to be registered 26 under AS 28.10; 27 (10) "tool" includes a software program, hardware implement, or other 28 apparatus used for diagnosis, maintenance, or repair of a digital product, including 29 software or other mechanisms that calibrate, update, program, pair new parts, or 30 otherwise perform a purpose that ensures the product's functionality. 31  * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 01 (58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 02 maintenance, and repair). 03  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to a digital product that is sold or leased in the 06 state on or after the effective date of this Act. In this section, "digital product" has the 07 meaning given in AS 45.45.899. 08  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 SAVING CLAUSE. This Act may not be construed to change the terms of a license or 11 contract that is in effect immediately before the effective date of this Act. 12  * Sec. 6. This Act takes effect January 1, 2029.