SB 112: "An Act relating to the diagnosis, maintenance, and repair of products that use digital electronics to operate; adding an unlawful act to the Alaska Unfair Trade Practices and Consumer Protection Act; and providing for an effective date."
00 SENATE BILL NO. 112 01 "An Act relating to the diagnosis, maintenance, and repair of products that use digital 02 electronics to operate; adding an unlawful act to the Alaska Unfair Trade Practices and 03 Consumer 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 - 45.45.890, 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 necessary for the diagnosis, maintenance, or repair of the digital
01 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, tools, and parts necessary to reset the security-related feature. The 11 manufacturer may use appropriate secure release systems to make the documentation, 12 tools, and parts 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 - 45.45.890 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 (b) of this section, a digital product manufacturer shall make 18 available to an independent service provider or owner of the product 19 (1) documentation required under AS 45.45.800 - 45.45.890 without 20 charge, except that, if the provider or owner requests a physical copy of the 21 documentation, the manufacturer may charge to the provider or owner the reasonable, 22 actual cost of preparing and sending a copy of the documentation; 23 (2) parts required under AS 45.45.800 - 45.45.890, directly or through 24 an authorized service provider, on terms that are the same as the most favorable terms 25 the manufacturer provides to an authorized service provider of the manufacturer; 26 (3) the tools required under AS 45.45.800 - 45.45.890 without 27 (A) charge, except that, if the provider or owner requests a tool 28 in physical form, the manufacturer may include a charge for the reasonable, 29 actual costs of preparing and sending the tool; 30 (B) requiring further authorization or Internet access for 31 authorization for full use of the tool;
01 (C) impeding access or use of the tool to diagnose, maintain, or 02 repair and enable full functionality of the digital product; and 03 (D) impeding the efficient and cost-effective use of the 04 diagnostic, maintenance, or repair functions of the tool. 05 (b) A digital product manufacturer may not charge an independent service 06 provider or an owner a price that is greater than the price the manufacturer charges its 07 authorized service provider, after discounts, rebates, and other incentive programs, to 08 make the same documentation, part, or tool available. 09 Sec. 45.45.840. Independent service provider. A person is considered to be 10 an independent service provider under AS 45.45.800 - 45.45.890 if the person 11 (1) engages in the business of diagnosis, maintenance, or repair of 12 digital products in the state; and 13 (2) is not a digital product manufacturer, does not have a license or 14 contract with a digital product manufacturer under AS 45.45.850(a), and is not 15 affiliated with a person that has a license or contract with a digital product 16 manufacturer under AS 45.45.850(a). 17 Sec. 45.45.850. Authorized service provider. (a) A person is considered to be 18 an authorized service provider under AS 45.45.800 - 45.45.890 if the person is not 19 affiliated with a digital product manufacturer but has a 20 (1) license to use a trade name, service mark, or other proprietary 21 identification of the digital product manufacturer to offer diagnosis, maintenance, or 22 repair of digital products under the name of the digital product manufacturer; or 23 (2) contract that is not described in (1) of this subsection with the 24 digital product manufacturer to provide diagnosis, maintenance, or repair of digital 25 products that are manufactured by the digital product manufacturer. 26 (b) Notwithstanding (a) of this section, a digital product manufacturer that 27 offers the services of diagnosis, maintenance, or repair of its own digital products, and 28 that does not have a license or contract under (a) of this section with an unaffiliated 29 person, is an authorized service provider for the manufacturer's own digital products. 30 Sec. 45.45.860. Trade secrets. Nothing in AS 45.45.800 - 45.45.890 may be 31 construed to require a digital product manufacturer to disclose a trade secret to an
01 independent service provider or an owner except to the extent necessary to make 02 documentation, parts, and tools available under AS 45.45.800 - 45.45.890. In this 03 section, "trade secret" has the meaning given in AS 45.50.940. 04 Sec. 45.45.870. Limitations on application and liability; exemption. (a) An 05 agreement that waives, restricts, or otherwise limits the obligations of a digital product 06 manufacturer under AS 45.45.800 - 45.45.890 is void and unenforceable. 07 (b) A digital product manufacturer or authorized service provider may not be 08 held civilly liable for damages or injuries caused to a digital product by an 09 independent service provider or owner during the course of the independent service 10 provider's or owner's diagnosis, maintenance, or repair of the product. 11 (c) The provisions of AS 45.45.800 - 45.45.890 do not apply to the diagnosis, 12 maintenance, or repair of a digital product that is a motor vehicle or a part for a motor 13 vehicle. 14 Sec. 45.45.880. Interpretation. Nothing in AS 45.45.800 - 45.45.890 may be 15 construed to require a digital product manufacturer or an authorized service provider 16 to make available to an independent service provider or an owner the information, 17 other than documentation, that a digital product manufacturer makes available to an 18 authorized service provider under a license or other contract described in 19 AS 45.45.850(a). 20 Sec. 45.45.890. Definitions. In AS 45.45.800 - 45.45.890, 21 (1) "authorized service provider" means a person that is an authorized 22 service provider under AS 45.45.850; 23 (2) "digital product" means a product that depends for its functioning, 24 in whole or in part, on digital electronics embedded in or attached to the product; 25 (3) "digital product manufacturer" means a person engaged in the 26 business of selling, leasing, or otherwise supplying new digital products manufactured 27 by or on behalf of the person to another person; 28 (4) "documentation" means a manual, diagram, reporting output, 29 service code description, schematic diagram, security code, password, or other 30 guidance or information used in effecting the services of diagnosis, maintenance, or 31 repair of a digital product;
01 (5) "independent service provider" means a person that is an 02 independent service provider under AS 45.45.840; 03 (6) "motor vehicle" means a vehicle designed for transporting persons 04 or property on a street or highway and certified by the manufacturer under all 05 applicable federal emissions standards and requirements for distribution and sale in the 06 United States; 07 (7) "owner" means a person who owns or leases a digital product; 08 (8) "part" means a new or used replacement part that a digital product 09 manufacturer makes available for the maintenance or repair of the product; 10 (9) "tool" includes a software program, hardware implement, or other 11 apparatus used for diagnosis, maintenance, or repair of a digital product, including 12 software or other mechanisms that calibrate, update, program, pair new parts, or 13 otherwise perform a purpose that ensures the product's functionality. 14 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 15 (58) violating AS 45.45.800 - 45.45.890 (digital product diagnosis, 16 maintenance, and repair). 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. This Act applies to a digital product that is sold or leased in the 20 state on or after the effective date of this Act. In this section, "digital product" has the 21 meaning given in AS 45.45.890. 22 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 SAVING CLAUSE. This Act may not be construed to change the terms of a license or 25 contract that is in effect immediately before the effective date of this Act. 26 * Sec. 6. This Act takes effect January 1, 2024.