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HB0162b -1- CSHB 162(CRA)
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CS FOR HOUSE BILL NO. 162(CRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
Offered: 4/22/26
Referred: Labor and Commerce
Sponsor(s): REPRESENTATIVE DIBERT
A BILL
FOR AN ACT ENTITLED
"An Act relating to the diagnosis, maintenance, modification, and repair of digital 1
products; adding an unlawful act to the Alaska Unfair Trade Practices and Consumer 2
Protection Act; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
to read: 6
SHORT TITLE. This Act may be known as the Digital Right to Repair Act. 7
* Sec. 2. AS 45.45 is amended by adding new sections to read: 8
Article 12A. Digital Product Diagnosis, Maintenance, and Repair. 9
Sec. 45.45.800. Digital product diagnosis, maintenance, and repair. (a) A 10
digital product manufacturer shall, as required under AS 45.45.800 - 45.45.899, make 11
available to an independent service provider or owner of a digital product 12
manufactured, sold, or leased by or on behalf of the manufacturer any documentation, 13
parts, and tools provided to an authorized service provider for the diagnosis, 14
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maintenance, or repair of the digital product. 1
(b) The documentation, parts, and tools made available under (a) of this 2
section must include any changes made by the digital product manufacturer to update, 3
fix, or improve a computer program, including the program's data, or firmware used in 4
the product or part. 5
Sec. 45.45.810. Security features. If a digital product contains an electronic 6
security lock or other security-related feature that is disabled during the diagnosis, 7
maintenance, or repair of the product, the digital product manufacturer shall make 8
available to the independent service provider or owner of the product the 9
documentation, parts, and tools necessary to reset the security-related feature. The 10
manufacturer may use appropriate secure release systems to make the documentation, 11
parts, and tools available. 12
Sec. 45.45.820. Unavailable parts. A digital product manufacturer is not 13
required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 14
longer available to the manufacturer. 15
Sec. 45.45.830. Terms of providing documentation, parts, and tools. (a) 16
Except as provided in AS 45.45.840 and (b) and (c) of this section, a digital product 17
manufacturer shall make available to an independent service provider or owner of the 18
product 19
(1) documentation required under AS 45.45.800 - 45.45.899 if the 20
provider or owner requests a physical copy of the documentation; the manufacturer 21
may charge the provider or owner for the reasonable, actual cost of preparing and 22
sending a copy of the documentation; 23
(2) parts required under AS 45.45.800 - 45.45.899, 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 - 45.45.899 without 27
(A) charge, except that, if the provider or owner requests a tool 28
in physical form, the manufacturer may charge the provider or owner for the 29
reasonable, actual costs of producing, preparing, and sending the tool; 30
(B) impeding access or use of the tool to diagnose, maintain, or 31
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repair and enable full functionality of the digital product; 1
(C) impeding the efficient and cost-effective use of the 2
diagnostic, maintenance, or repair functions of the tool; and 3
(4) upon request, product information and repair materials the 4
manufacturer provides to an authorized service. 5
(b) A digital product manufacturer may not charge an independent service 6
provider or an owner a price that is greater than the price the manufacturer charges its 7
authorized service provider, after discounts, rebates, and other incentive programs, to 8
make the same documentation, part, or tool available. 9
(c) Notwithstanding (a)(2) and (b) of this section, a digital product 10
manufacturer shall, directly or through an authorized service provider, provide parts to 11
an owner or independent service provider on terms and at costs that are reasonable 12
considering the conditions agreed on, the quality of the parts, and the timeliness of the 13
delivery, for a digital product that is 14
(1) power-sports equipment; 15
(2) power-driven farm, forestry, construction, industrial, utility, 16
mining, road-building, material-handling, or similar equipment; or 17
(3) a stand-alone or mobile engine, generator, battery bank or other 18
power producing or storing device. 19
Sec. 45.45.840. Commercial and industrial equipment. Notwithstanding 20
AS 45.45.830, a manufacturer of a digital product that is commercial or industrial 21
equipment may 22
(1) notwithstanding AS 45.45.830, require reasonable training or 23
certification of an independent service provider or owner of the product, or 24
verification of the independent service provider's or owner's competency, before 25
providing the independent service provider or owner with access to specialized 26
documentation, tools, or other information that allows a person to modify the product's 27
safety or critical systems; 28
(2) provide an independent service provider or owner of the product 29
with access to a product's secure systems, including by way of remote authorization or 30
through a controlled software platform; and 31
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(3) offer to an independent service provider or owner of the product 1
parts for the product as an assembly, rather than individual components, if the 2
manufacturer provides those parts as an assembly to an authorized service provider. 3
Sec. 45.45.850. Independent service provider. A person is considered to be 4
an independent service provider under AS 45.45.800 - 45.45.899 if the person 5
(1) engages in the business of diagnosis, maintenance, or repair of 6
digital products in the state; and 7
(2) is not a digital product manufacturer, does not have a license or 8
contract with a digital product manufacturer under AS 45.45.860(a), and is not 9
affiliated with a person that has a license or contract with a digital product 10
manufacturer under AS 45.45.860(a). 11
Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 12
service provider under AS 45.45.800 - 45.45.899 if the person has a 13
(1) license to use a trade name, service mark, or other proprietary 14
identification of the digital product manufacturer to offer diagnosis, maintenance, or 15
repair of digital products under the name of the digital product manufacturer; or 16
(2) contract that is not described in (1) of this subsection with the 17
digital product manufacturer to provide diagnosis, maintenance, or repair of digital 18
products that are manufactured by the digital product manufacturer. 19
(b) A digital product manufacturer that offers the services of diagnosis, 20
maintenance, or repair of its own digital products is considered an authorized service 21
provider for those products for the purposes of AS 45.45.800 - 45.45.899. 22
Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 23
construed to require a digital product manufacturer to disclose a trade secret to an 24
independent service provider or an owner. In this section, "trade secret" has the 25
meaning given in AS 45.50.940. 26
Sec. 45.45.880. Limitations on application and liability. (a) An agreement or 27
provision that waives, restricts, or otherwise limits the obligations of a digital product 28
manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 29
(b) A digital product manufacturer or authorized service provider may not be 30
held civilly liable for damages or injuries caused by an independent service provider 31
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or owner during the course of the independent service provider's or owner's diagnosis, 1
maintenance, or repair of the product. 2
Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 3
construed to 4
(1) require a digital product manufacturer or an authorized service 5
provider to make available to an independent service provider or an owner the 6
information, other than documentation, that a digital product manufacturer makes 7
available to an authorized service provider under a license or other contract described 8
in AS 45.45.860(a); or 9
(2) alter, impair, or supersede the terms of a lease or commercial 10
contract. 11
Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 12
do not apply to 13
(1) a digital product that is a medical device intended for use in the 14
diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 15
prevention of disease, in humans or animals; 16
(2) the diagnosis, maintenance, or repair of a digital product that is 17
(A) a motor vehicle or a part for a motor vehicle; or 18
(B) critical infrastructure, a part for critical infrastructure, or 19
related equipment; or 20
(3) a digital product that is 21
(A) a fire alarm or other life safety system; 22
(B) a physical intrusion detection system monitored by a 23
person providing a security service; or 24
(C) physical access control equipment, including electronic 25
keypads and building access systems. 26
(b) In this section, 27
(1) "critical infrastructure" has the meaning given in AS 26.23.900; 28
(2) "medical device" has the meaning given to "device" in 21 U.S.C. 29
321(h)(1). 30
Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 31
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(1) "authorized service provider" means a person that is an authorized 1
service provider under AS 45.45.860; 2
(2) "digital product" means a product that depends for its functioning, 3
in whole or in part, on digital electronics embedded in or attached to the product; 4
(3) "digital product manufacturer" means a person engaged in the 5
business of selling, leasing, or otherwise supplying new digital products manufactured 6
by or on behalf of the person to another person; 7
(4) "documentation" means a manual, diagram, reporting output, 8
service code description, schematic diagram, security code, password, or other 9
guidance or information used in effecting the services of diagnosis, maintenance, or 10
repair of a digital product; 11
(5) "independent service provider" means a person that is an 12
independent service provider under AS 45.45.850; 13
(6) "motor vehicle" means a vehicle designed for transporting persons 14
or property on a street or highway and certified by the manufacturer under all 15
applicable federal emissions standards and requirements for distribution and sale in the 16
United States; 17
(7) "owner" means a person who owns or leases a digital product; 18
(8) "part" means a new or used replacement part that a digital product 19
manufacturer makes available for the maintenance or repair of the product; 20
(9) "powersports equipment" 21
(A) includes an all-terrain vehicle, a personal watercraft, 22
snowmobile, or similar vehicle or craft, and attachments and repair parts for 23
powersports equipment; 24
(B) does not include a motor vehicle required to be registered 25
under AS 28.10; 26
(10) "tool" includes a software program, hardware implement, or other 27
apparatus used for diagnosis, maintenance, or repair of a digital product, including 28
software or other mechanisms that calibrate, update, program, pair new parts, or 29
otherwise perform a purpose that ensures the product's functionality. 30
* Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 31
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(58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 1
maintenance, and repair). 2
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 3
read: 4
APPLICABILITY. This Act applies to a digital product that is sold or leased in the 5
state on or after the effective date of this Act. In this section, "digital product" has the 6
meaning given in AS 45.45.899. 7
* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 8
read: 9
SAVING CLAUSE. This Act may not be construed to change the terms of a license or 10
contract that is in effect immediately before the effective date of this Act. 11
* Sec. 6. This Act takes effect January 1, 2029. 12