Legislature(2025 - 2026)

2026-05-11 Senate Journal

Full Journal pdf

2026-05-11                     Senate Journal                      Page 2569
SB 111                                                                                                                        
CS FOR SENATE BILL NO. 111(L&C) "An Act relating to the                                                                         
diagnosis, maintenance, and repair of consumer 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" was read the third time.                                                                                 
                                                                                                                                
Senator Cronk moved the bill be returned to second reading for all                                                              
amendments offered today. Without objection, the bill was returned to                                                           
second reading.                                                                                                                 
                                                                                                                                
Senator Cronk offered Amendment No. 1 :                                                                                          
                                                                                                                                
Page 5, line 5, following the second occurrence of "vehicle":                                                                   
          Insert "; or                                                                                                          
                             (3)  a digital product that is                                                                     
                                      (A)  a fire alarm or other life safety                                                    
                   system;                                                                                                      
                                      (B)  a physical intrusion detection                                                       
                   system; or                                                                                                   
                                      (C)  physical access control                                                              
                   equipment"                                                                                                   
                                                                                                                                

2026-05-11                     Senate Journal                      Page 2570
Senator Cronk moved for the adoption of Amendment No. 1. Senator                                                                
Dunbar objected, then withdrew his objection. There being no further                                                            
objection, Amendment No. 1 was adopted.                                                                                         
                                                                                                                                
Senator Cronk offered Amendment No. 2 :                                                                                          
                                                                                                                                
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          Delete "Sec. 45.45.840"                                                                                             
          Insert "Sec. 45.45.810"                                                                                             
                                                                                                                                
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          Delete "Sec. 45.45.850"                                                                                             
          Insert "Sec. 45.45.820"                                                                                             
                                                                                                                                
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          Delete "AS 45.45.860(a)"                                                                                              
          Insert "AS 45.45.830(a)"                                                                                              
                                                                                                                                
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          Delete "AS 45.45.860(a)"                                                                                              
          Insert "AS 45.45.830(a)"                                                                                              
                                                                                                                                
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          Delete "Sec. 45.45.860"                                                                                             
          Insert "Sec. 45.45.830"                                                                                             
                                                                                                                                
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          Delete "Sec. 45.45.870"                                                                                             
          Insert "Sec. 45.45.840"                                                                                             
                                                                                                                                
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          Delete "Sec. 45.45.880"                                                                                             
          Insert "Sec. 45.45.850"                                                                                             
          Following "(a)":                                                                                                      
                             Insert "AS 45.45.800 - 45.45.899 apply only                                                        
          to a digital product that requires a repair or other modification                                                     
          not covered under the digital product manufacturer's warranty.                                                        

2026-05-11                     Senate Journal                      Page 2571
                   (b)  Nothing in AS 45.45.800 - 45.45.899 requires a                                                          
          digital product manufacturer or, if applicable, an authorized                                                         
          service provider, to                                                                                                  
                             (1)  provide or make available                                                                     
          documentation, a replacement part, or a tool to an independent                                                        
          service provider or owner if                                                                                          
                                      (A)  the documentation, part, or tool                                                     
                   is not, or is no longer, provided by the manufacturer                                                        
                   to an authorized service provider;                                                                           
                                      (B)  the documentation, part, or tool                                                     
                   is no longer used by, or available to, the manufacturer                                                      
                   or authorized service provider;                                                                              
                                      (C)  the documentation or tool is                                                         
                   used only by the manufacturer to perform free                                                                
                   diagnostic services by telephone, electronic means, or                                                       
                   other remote means of communication, unless the                                                              
                   manufacturer otherwise makes the documentation or                                                            
                   tool available to an independent service provider or                                                         
                   other person unaffiliated with the manufacturer;                                                             
                             (2)  provide information for a digital product                                                     
          to an independent service provider or an owner other than the                                                         
          documentation the manufacturer provides an authorized                                                                 
          service provider;                                                                                                     
                             (3)  provide an independent service provider                                                       
          or owner with                                                                                                         
                                      (A)  access to the product's digital                                                      
                   source code;                                                                                                 
                                      (B)  documentation, parts, or tools                                                       
                   that would enable modification of the product                                                                
                                                (i)  in violation of federal or                                                 
                             state law; or                                                                                      
                                                (ii) in a manner that is not                                                    
                             approved by the manufacturer;                                                                      
                                      (C)  documentation, parts, or tools                                                       
                   that would disable or override the product's safety or                                                       
                   critical systems;                                                                                            
                                      (D)  proprietary tools used                                                               
                   exclusively for factory-level, fleet-scale, or other                                                         
                   large-scale operations for commercial efficiency, if                                                         
                   reasonable alternative tools are provided;                                                                   

2026-05-11                     Senate Journal                      Page 2572
                             (4)  make available special documentation,                                                         
                   tools, parts, electronic programs, or other devices that                                                     
                   disable or override anti-theft or privacy security                                                           
                   measures that are activated, installed, or otherwise                                                         
                   enabled by an owner of a digital product without that                                                        
                   owner's permission;                                                                                          
                             (5)  provide documentation, parts, or tools                                                        
          for a product that would create an unreasonable risk of                                                               
          personal injury or damage to the product;                                                                             
                             (6)  warranty repairs performed by an                                                              
          independent service provider or an owner of the product.                                                              
                   (c)  A manufacturer of a digital product may                                                                 
                             (1)   require an independent service provider                                                      
          or owner of the product to                                                                                            
                                      (A)  obtain remote authorization                                                          
                   from the manufacturer before providing                                                                       
                   documentation, parts, or tools; or                                                                           
                                      (B)  access documentation, parts,                                                         
                   and tools through the Internet;                                                                              
                             (2)  offer to an independent service provider                                                      
          or owner of the product parts for the product as an assembly,                                                         
          rather than individual components, if the manufacturer                                                                
          provides those parts as an assembly to an authorized service                                                          
          provider.                                                                                                             
                   (d)  Under AS 45.45.800 - 45.45.899, a manufacturer                                                          
          of a digital product or, if applicable, an authorized service                                                         
          provider for the product is not liable for                                                                            
                             (1)  damage or injury resulting from                                                               
          diagnosis, repair, maintenance, or modification of a product                                                          
          by an independent service provider or owner of the product                                                            
          under this section, including                                                                                         
                                      (A)  indirect, incidental, special, or                                                    
                   consequential damages;                                                                                       
                                      (B)  loss of data, privacy, or profits;                                                   
                   or                                                                                                           
                                      (C)  damages due to the reduced or                                                        
                   lost functionality of the digital electronic product;                                                        
                             (2)  an act reasonably taken by the digital                                                        
          product manufacturer to protect the privacy, security, or                                                             
          digital safety of product users; or                                                                                   

2026-05-11                     Senate Journal                      Page 2573
                             (3)  an independent service provider or                                                            
          owner's                                                                                                               
                                      (A)  use of, or access to, personal                                                       
                   data from the product; or                                                                                    
                                      (B)  changes to a digital product's                                                       
                   security features.                                                                                           
                   (e)"                                                                                                         
                                                                                                                                
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          Delete "Sec. 45.45.890"                                                                                             
          Insert "Sec. 45.45.860"                                                                                             
                                                                                                                                
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          Delete "AS 45.45.860(a)"                                                                                              
          Insert "AS 45.45.830(a)"                                                                                              
                                                                                                                                
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          Insert a new section to read:                                                                                         
                   "Sec. 45.45.870. Enforcement. Nothing in                                                                   
          AS 45.45.800 - 45.45.899 creates a private right of action for                                                        
          any person. Notwithstanding AS 45.50.531 - 45.50.537, a                                                               
          violation of AS 45.45.800 - 45.45.899 is an unlawful practice                                                         
          under AS 45.50.471 enforceable only by the attorney general.                                                          
          The attorney general may bring an action upon the attorney                                                            
          general's own information or upon complaint of a private                                                              
          party. All remedies, penalties, and authority granted to the                                                          
          attorney general are available to enforce AS 45.45.800 -                                                              
          45.45.899."                                                                                                           
                                                                                                                                
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          Delete "AS 45.45.860"                                                                                                 
          Insert "AS 45.45.830"                                                                                                 
                                                                                                                                
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          Delete "person"                                                                                                       
          Insert "business entity that, in the normal course of business,                                                       
is"                                                                                                                             

2026-05-11                     Senate Journal                      Page 2574
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          Delete "person to another person"                                                                                     
          Insert "business entity to other persons"                                                                             
                                                                                                                                
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            Delete "security code, password, or other guidance or"                                                             
          Insert "or other"                                                                                                     
                                                                                                                                
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          Delete "AS 45.45.850"                                                                                                 
          Insert "AS 45.45.820"                                                                                                 
                                                                                                                                
Senator Cronk moved for the adoption of Amendment No. 2. Senator                                                                
Dunbar objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 111(L&C) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cronk, Kaufman, Merrick, Olson, Rauscher, Stedman, Tilton,                                                               
Yundt                                                                                                                           
                                                                                                                                
Nays:  Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman,                                                                
Kawasaki, Kiehl, Myers, Stevens, Tobin, Wielechowski                                                                            
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 111(L&C) am was automatically in                                                                         
third reading.                                                                                                                  
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL                                                                                   
NO. 111(L&C) am "An Act relating to the diagnosis, maintenance,                                                                 
and repair of consumer 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" pass the                                                          
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                

2026-05-11                     Senate Journal                      Page 2575
CSSB 111(L&C) am                                                                                                                
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman,                                                                
Kawasaki, Kiehl, Merrick, Myers, Olson, Stedman, Stevens, Tobin,                                                                
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Cronk, Kaufman, Rauscher, Tilton, Yundt                                                                                  
                                                                                                                                
and so, CS FOR SENATE BILL NO. 111(L&C) am passed the                                                                           
Senate.                                                                                                                         
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.