Legislature(2025 - 2026)BELTZ 105 (TSBldg)
04/08/2025 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HJR5 | |
| SB129 | |
| SB111 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 5 | TELECONFERENCED | |
| += | SB 129 | TELECONFERENCED | |
| += | SB 111 | TELECONFERENCED | |
SB 111-DIGITAL PRODUCT REPAIR
2:02:47 PM
CHAIR MERRICK reconvened the meeting and announced the
consideration of SENATE BILL NO. 111 "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."
2:03:05 PM
SENATOR DUNBAR, speaking as sponsor, said SB 111 allows Alaskans
to fix products that contain digital electronics. He noted
feedback from various industries and said some of that feedback
has been incorporated into amendments.
2:03:47 PM
CHAIR MERRICK solicited a motion.
2:03:48 PM
SENATOR DUNBAR moved to adopt Amendment 1, work order 34-
LS0560\N.2.
34-LS0560\N.2
Bullard
3/26/25
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR DUNBAR
TO: SB 111
Page 1, line 11:
Delete "AS 45.45.800 - 45.45.890"
Insert "AS 45.45.800 - 45.45.899"
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Page 4, following line 19:
Insert a new section to read:
"Sec. 45.45.890. Exemptions. (a) The
provisions of AS 45.45.800 - 45.45.899 do not
apply to
(1) a digital product that is a
medical device intended for use in the diagnosis
of disease or other conditions, or in the cure,
mitigation, treatment, or prevention of disease,
in humans or animals;
(2) the diagnosis, maintenance, or
repair of a digital product that is a motor
vehicle or a part for a motor vehicle.
(b) In this section, "medical device" has
the meaning given to "device" in 21 U.S.C.
321(h)(1)."
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2:03:59 PM
CHAIR MERRICK objected for purposes of discussion.
2:04:04 PM
SENATOR DUBAR deferred to his staff to explain Amendment 1.
2:04:22 PM
HAHLEN BEHNKEN, Intern, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, said that [Amendment 1] creates an
exemption for medical devices. This exemption was requested by
the medical device industry. He explained that there is no
demand for the general public and/or independent service
providers to repair medical devices such as pacemakers and other
complex medical devices. He noted their sensitive nature and the
complex regulations around these devices and opined that there
is no reason to provide a right to repair them.
2:05:12 PM
CHAIR MERRICK removed her objection. She found no further
objection and Amendment 1 was adopted.
2:05:18 PM
CHAIR MERRICK solicited a motion.
2:05:21 PM
SENATOR DUNBAR moved to adopt Amendment 2, work order 34-
LS0560\N.5.
34-LS0560\N.5
Bullard
4/4/25
A M E N D M E N T 2
OFFERED IN THE SENATE BY SENATOR DUNBAR
TO: SB 111
Page 1, line 11:
Delete "AS 45.45.800 - 45.45.890"
Insert "AS 45.45.800 - 45.45.899"
Page 2, following line 12:
Insert a new section to read:
"Sec. 45.45.820. Parts pairing prohibited.
(a) A digital product manufacturer may not use
parts pairing software or another technology that
(1) prevents or inhibits an
independent service provider or owner of a
digital product from installing and enabling a
functional replacement part or component that the
digital product manufacturer has not approved;
and
(2) if a functional replacement part
or component for a digital product that has not
been approved by the digital product manufacturer
is installed or otherwise enabled,
(A) reduces the functionality or
performance of the product; or
(B) causes the product to display
misleading alerts or warnings that the owner
cannot immediately dismiss.
(b) Nothing in this section requires a
digital product manufacturer to make available to
a person 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."
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2:05:24 PM
CHAIR MERRICK objected for purposes of discussion.
2:05:29 PM
MR. BEHNKEN explained that Amendment 2 prohibits parts pairing -
a practice in which digital product manufacturers will use
software tools to bind certain parts together. Parts pairing
requires the use of specific parts to ensure full functionality.
He offered an example to illustrate this. He explained that this
practice prevents anyone except the manufacturer from making
repairs to the device. He stated that banning this practice
creates more avenues for quality repair.
2:06:30 PM
SENATOR DUNBAR added that SB 111 is complex and involved
discussions with national advocacy organizations and
manufacturers. He commented that Amendment 2 is the least
controversial part of SB 111, as most of the manufacturers he
spoke to were in support of this change.
2:07:06 PM
MR. BEHNKEN replied that this is correct.
2:07:09 PM
CHAIR MERRICK removed her objection. She found no further
objection and Amendment 2 was adopted.
2:07:16 PM
CHAIR MERRICK solicited a motion.
2:07:17 PM
SENATOR DUNBAR moved to adopt Amendment 3, work order 34-
LS0560\N.6.
34-LS0560\N.6
Bullard
4/8/25
A M E N D M E N T 3
OFFERED IN THE SENATE BY SENATOR DUNBAR
TO: SB 111
Page 3, line 8, following "equipment":
Insert "or powersports equipment"
Page 5, following line 16:
Insert a new paragraph to read:
"(10) "powersports equipment"
(A) includes an all-terrain vehicle,
a personal watercraft, snowmobile, or similar
vehicle or craft, and attachments and repair
parts for powersports equipment;
(B) does not include a motor vehicle
required to be registered under AS 28.10;"
Renumber the following paragraph accordingly.
2:07:23 PM
CHAIR MERRICK objected for purposes of discussion.
2:07:25 PM
MR. BEHNKEN said that [Amendment 3] adds a provision protecting
dealers and authorized service providers of powersports
equipment. He said SB 111 includes a provision protecting farm
equipment dealers and authorized service providers. Amendment 3
extends the same provision to powersports equipment. He said
there is a commonality between these industries, in both the
products they provide and their business model. He explained
that in these industries, nearly all business is conducted
through a network of dealers (rather than manufacturer to
consumer). He noted feedback from dealers (and the largest
feedback from Alaskans) related to supplying parts to equipment
owners and independent service providers at wholesale prices.
This would require dealers to provide services and stock parts
without making any profit. Amendment 3 allows dealers and
authorized service providers to create terms and charge prices
(above wholesale) that are reasonable.
2:08:44 PM
CHAIR MERRICK removed her objection.
2:08:48 PM
SENATOR DUNBAR expounded on why the provision in Amendment 3 was
offered. He emphasized that residents in rural areas would still
be able to fix their own equipment. He noted push back from all-
terrain vehicle (ATV), personal watercraft, and snowmobile
dealers regarding wholesale pricing. He clarified that this is
not an exemption from SB 111; rather, Amendment 3 adds
powersports equipment dealers to the existing farm equipment
provision. He opined that this is a good balance that allows
dealers to set a price above wholesale and does not artificially
set prices for those products and services. He surmised that
most individuals would continue to seek out an authorized dealer
for repairs.
2:10:39 PM
CHAIR MERRICK found no further objection and Amendment 3 was
adopted.
2:10:54 PM
SENATOR YUNDT asked the sponsor to restate the concerns
addressed by Amendments 1-3.
2:11:17 PM
SENATOR DUNBAR acknowledged that there are many manufacturing
organizations that do not support SB 111. While those
organizations are not based in Alaska, they have fought right to
repair legislation across the country. He said that the central
core of SB 111 is the same and would allow Alaskans to repair
their own equipment. He indicated that the amendments were in
response to feedback from various industries and manufacturers.
He explained that the medical industry received a blanket
exemption. He briefly discussed conversations he had with other
manufacturers, stating that in some cases, manufacturers raised
false points. In other instances, no amendment was necessary. He
stated that the majority of feedback was related to the
powersports industry and adding powersports to the existing farm
equipment provision addressed those concerns. He indicated a
willingness to work with the powersports industry on additional
adjustments, if needed. He noted that additional amendments
could be added in Senate Labor and Commerce Standing Committee,
which is the next committee of referral. He explained that SB
111 is partially based on what other states have done. He noted
that there is a blanket exemption for automobiles. He
acknowledged that SB 111 does not go as far as some advocates
would like; however, he opined that it is an important first
step toward the right to repair. He pointed out that right to
repair legislation is being considered nationwide. He commented
that SB 111 is conservative in that it is a return to a more
traditional way of fixing personal property that does not rely
solely on manufacturers that are sometimes located in another
state. He offered examples to illustrate this. He stated that
the advent of software and digital devices has allowed for
monopolistic and oligopolistic behaviors that are inherently
anticompetitive. He opined that SB 111 is a good compromise. He
added that he offered the amendments to address feedback from
Alaskans.
2:14:41 PM
CHAIR MERRICK commented that all Senate Community and Regional
Affairs Standing Committee members are also members of the
Senate Labor and Commerce Standing Committee.
2:14:47 PM
SENATOR YUNDT indicated his understanding and thanked Senator
Dunbar for his explanation.
2:14:53 PM
CHAIR MERRICK solicited the will of the committee.
2:14:56 PM
SENATOR DUNBAR moved to report SB 111, work order 34-LS0560\N,
as amended, from committee with individual recommendations and
attached fiscal note(s) and authorize Legislative Legal Services
to make conforming changes.
2:15:14 PM
CHAIR MERRICK found no objection and CSSB 111(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.