CSSB 111(CRA): "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 CS FOR SENATE BILL NO. 111(CRA) 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 - 45.45.899, 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. Parts pairing prohibited. (a) A digital product manufacturer 14 may not use parts pairing software or another technology that 15 (1) prevents or inhibits an independent service provider or owner of a 16 digital product from installing and enabling a functional replacement part or 17 component that the digital product manufacturer has not approved; and 18 (2) if a functional replacement part or component for a digital product 19 that has not been approved by the digital product manufacturer is installed or 20 otherwise enabled, 21 (A) reduces the functionality or performance of the product; or 22 (B) causes the product to display misleading alerts or warnings 23 that the owner cannot immediately dismiss. 24 (b) Nothing in this section requires a digital product manufacturer to make 25 available to a person special documentation, tools, parts, electronic programs, or other 26 devices that disable or override anti-theft or privacy security measures that are 27 activated, installed, or otherwise enabled by an owner of a digital product. 28 Sec. 45.45.830. Unavailable parts. A digital product manufacturer is not 29 required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 30 longer available to the manufacturer. 31 Sec. 45.45.840. Terms of providing documentation, parts, and tools. (a)
01 Except as provided in (b) and (c) of this section, a digital product manufacturer shall 02 make available to an independent service provider or owner of the product 03 (1) documentation required under AS 45.45.800 - 45.45.899 without 04 charge, except that, if the provider or owner requests a physical copy of the 05 documentation, the manufacturer may charge the provider or owner for the reasonable, 06 actual cost of preparing and sending a copy of the documentation; 07 (2) parts required under AS 45.45.800 - 45.45.899, directly or through 08 an authorized service provider, on terms that are the same as the most favorable terms 09 the manufacturer provides to an authorized service provider of the manufacturer; 10 (3) the tools required under AS 45.45.800 - 45.45.899 without 11 (A) charge, except that, if the provider or owner requests a tool 12 in physical form, the manufacturer may charge the provider or owner for the 13 reasonable, actual costs of preparing and sending the tool; 14 (B) impeding access or use of the tool to diagnose, maintain, or 15 repair and enable full functionality of the digital product; and 16 (C) impeding the efficient and cost-effective use of the 17 diagnostic, maintenance, or repair functions of the tool. 18 (b) A digital product manufacturer may not charge an independent service 19 provider or an owner a price that is greater than the price the manufacturer charges its 20 authorized service provider, after discounts, rebates, and other incentive programs, to 21 make the same documentation, part, or tool available. 22 (c) Notwithstanding (a)(2) and (b) of this section, for a digital product that is 23 farm equipment or powersports equipment, a manufacturer shall, directly or through 24 an authorized service provider, provide parts on terms and at costs that are reasonable 25 considering the conditions agreed on, the quality of the parts, and the timeliness of the 26 delivery. 27 Sec. 45.45.850. Independent service provider. A person is considered to be 28 an independent service provider under AS 45.45.800 - 45.45.899 if the person 29 (1) engages in the business of diagnosis, maintenance, or repair of 30 digital products in the state; and 31 (2) is not a digital product manufacturer, does not have a license or
01 contract with a digital product manufacturer under AS 45.45.860(a), and is not 02 affiliated with a person that has a license or contract with a digital product 03 manufacturer under AS 45.45.860(a). 04 Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 05 service provider under AS 45.45.800 - 45.45.899 if the person has a 06 (1) license to use a trade name, service mark, or other proprietary 07 identification of the digital product manufacturer to offer diagnosis, maintenance, or 08 repair of digital products under the name of the digital product manufacturer; or 09 (2) contract that is not described in (1) of this subsection with the 10 digital product manufacturer to provide diagnosis, maintenance, or repair of digital 11 products that are manufactured by the digital product manufacturer. 12 (b) A digital product manufacturer that offers the services of diagnosis, 13 maintenance, or repair of its own digital products is considered an authorized service 14 provider for such products for the purposes of AS 45.45.800 - 45.45.899. 15 Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 16 construed to require a digital product manufacturer to disclose a trade secret to an 17 independent service provider or an owner except to the extent necessary to make 18 documentation, parts, and tools available under AS 45.45.800 - 45.45.899. In this 19 section, "trade secret" has the meaning given in AS 45.50.940. 20 Sec. 45.45.880. Limitations on application and liability. (a) An agreement 21 that waives, restricts, or otherwise limits the obligations of a digital product 22 manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 23 (b) A digital product manufacturer or authorized service provider may not be 24 held civilly liable for damages or injuries caused to a digital product by an 25 independent service provider or owner during the course of the independent service 26 provider's or owner's diagnosis, maintenance, or repair of the product. 27 Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 28 construed to require a digital product manufacturer or an authorized service provider 29 to make available to an independent service provider or an owner the information, 30 other than documentation, that a digital product manufacturer makes available to an 31 authorized service provider under a license or other contract described in
01 AS 45.45.860(a). 02 Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 03 do not apply to 04 (1) a digital product that is a medical device intended for use in the 05 diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 06 prevention of disease, in humans or animals; 07 (2) the diagnosis, maintenance, or repair of a digital product that is a 08 motor vehicle or a part for a motor vehicle. 09 (b) In this section, "medical device" has the meaning given to "device" in 21 10 U.S.C. 321(h)(1). 11 Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 12 (1) "authorized service provider" means a person that is an authorized 13 service provider under AS 45.45.860; 14 (2) "digital product" means a product that depends for its functioning, 15 in whole or in part, on digital electronics embedded in or attached to the product; 16 (3) "digital product manufacturer" means a person engaged in the 17 business of selling, leasing, or otherwise supplying new digital products manufactured 18 by or on behalf of the person to another person; 19 (4) "documentation" means a manual, diagram, reporting output, 20 service code description, schematic diagram, security code, password, or other 21 guidance or information used in effecting the services of diagnosis, maintenance, or 22 repair of a digital product; 23 (5) "farm equipment" 24 (A) includes a combine, farm tractor, trailer, sprayer, tillage 25 implement, baler, engine, motor, or other equipment used or intended for use 26 on a farm or ranch operation to plant, cultivate, irrigate, or harvest agricultural 27 products or to ranch, and attachments and repair parts for farm equipment; 28 (B) does not include a motor vehicle required to be registered 29 under AS 28.10; 30 (6) "independent service provider" means a person that is an 31 independent service provider under AS 45.45.850;
01 (7) "motor vehicle" means a vehicle designed for transporting persons 02 or property on a street or highway and certified by the manufacturer under all 03 applicable federal emissions standards and requirements for distribution and sale in the 04 United States; 05 (8) "owner" means a person who owns or leases a digital product; 06 (9) "part" means a new or used replacement part that a digital product 07 manufacturer makes available for the maintenance or repair of the product; 08 (10) "powersports equipment" 09 (A) includes an all-terrain vehicle, a personal watercraft, 10 snowmobile, or similar vehicle or craft, and attachments and repair parts for 11 powersports equipment; 12 (B) does not include a motor vehicle required to be registered 13 under AS 28.10; 14 (11) "tool" includes a software program, hardware implement, or other 15 apparatus used for diagnosis, maintenance, or repair of a digital product, including 16 software or other mechanisms that calibrate, update, program, pair new parts, or 17 otherwise perform a purpose that ensures the product's functionality. 18 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 19 (58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 20 maintenance, and repair). 21 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. This Act applies to a digital product that is sold or leased in the 24 state on or after the effective date of this Act. In this section, "digital product" has the 25 meaning given in AS 45.45.899. 26 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 SAVING CLAUSE. This Act may not be construed to change the terms of a license or 29 contract that is in effect immediately before the effective date of this Act. 30 * Sec. 6. This Act takes effect January 1, 2026.