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SB0111e -1- HCS CSSB 111(L&C)
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HOUSE CS FOR CS FOR SENATE BILL NO. 111(L&C)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE HOUSE LABOR AND COMMERCE COMMITTEE
Offered: 5/15/26
Referred: Rules
Sponsor(s): SENATORS DUNBAR, Kawasaki, Giessel
A BILL
FOR AN ACT ENTITLED
"An Act relating to the diagnosis, maintenance, and repair of consumer products that 1
use digital electronics to operate; adding an unlawful act to the Alaska Unfair Trade 2
Practices and Consumer 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 Consumer 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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HCS CSSB 111(L&C) -2- SB0111e
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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. Parts pairing prohibited. (a) A digital product manufacturer 13
may not use parts pairing software or another technology that 14
(1) prevents or inhibits an independent service provider or owner of a 15
digital product from installing and enabling a functional replacement part or 16
component that the digital product manufacturer has not approved; and 17
(2) if a functional replacement part or component for a digital product 18
that has not been approved by the digital product manufacturer is installed or 19
otherwise enabled, 20
(A) reduces the functionality or performance of the product; or 21
(B) causes the product to display misleading alerts or warnings 22
that the owner cannot immediately dismiss. 23
(b) Nothing in this section requires a digital product manufacturer to make 24
available to a person special documentation, tools, parts, electronic programs, or other 25
devices that disable or override anti-theft or privacy security measures that are 26
activated, installed, or otherwise enabled by an owner of a digital product. 27
(c) If a requirement under this section is preempted by federal law, this section 28
shall be construed to regulate all activity that is not preempted. 29
Sec. 45.45.830. Unavailable parts. A digital product manufacturer is not 30
required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 31
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longer available to the manufacturer. 1
Sec. 45.45.840. Terms of providing documentation, parts, and tools. (a) 2
Except as provided in (b) of this section, a digital product manufacturer shall make 3
available to an independent service provider or owner of the product 4
(1) documentation required under AS 45.45.800 - 45.45.899 without 5
charge, except that, if the provider or owner requests a physical copy of the 6
documentation, the manufacturer may charge the provider or owner for the reasonable, 7
actual cost of preparing and sending a copy of the documentation; 8
(2) parts required under AS 45.45.800 - 45.45.899, directly or through 9
an authorized service provider, on terms that are the same as the most favorable terms 10
the manufacturer provides to an authorized service provider of the manufacturer; 11
(3) the tools required under AS 45.45.800 - 45.45.899 without 12
(A) charge, except that, if the provider or owner requests a tool 13
in physical form, the manufacturer may charge the provider or owner for the 14
reasonable, actual costs of producing, preparing, and sending the tool; 15
(B) impeding access or use of the tool to diagnose, maintain, or 16
repair and enable full functionality of the digital product; and 17
(C) impeding the efficient and cost-effective use of the 18
diagnostic, maintenance, or repair functions of the tool. 19
(b) A digital product manufacturer may not charge an independent service 20
provider or an owner a price that is greater than the price the manufacturer charges its 21
authorized service provider, after discounts, rebates, and other incentive programs, to 22
make the same documentation, part, or tool available. 23
Sec. 45.45.850. Independent service provider. A person is considered to be 24
an independent service provider under AS 45.45.800 - 45.45.899 if the person 25
(1) engages in the business of diagnosis, maintenance, or repair of 26
digital products in the state; and 27
(2) is not a digital product manufacturer, does not have a license or 28
contract with a digital product manufacturer under AS 45.45.860(a), and is not 29
affiliated with a person that has a license or contract with a digital product 30
manufacturer under AS 45.45.860(a). 31
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Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 1
service provider under AS 45.45.800 - 45.45.899 if the person has a 2
(1) license to use a trade name, service mark, or other proprietary 3
identification of the digital product manufacturer to offer diagnosis, maintenance, or 4
repair of digital products under the name of the digital product manufacturer; or 5
(2) contract that is not described in (1) of this subsection with the 6
digital product manufacturer to provide diagnosis, maintenance, or repair of digital 7
products that are manufactured by the digital product manufacturer. 8
(b) A digital product manufacturer that offers the services of diagnosis, 9
maintenance, or repair of its own digital products is considered an authorized service 10
provider for such products for the purposes of AS 45.45.800 - 45.45.899. 11
Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 12
construed to require a digital product manufacturer to disclose a trade secret to an 13
independent service provider or an owner except to the extent necessary to make 14
documentation, parts, and tools available under AS 45.45.800 - 45.45.899. In this 15
section, "trade secret" has the meaning given in AS 45.50.940. 16
Sec. 45.45.880. Limitations on application and liability. (a) An agreement 17
that waives, restricts, or otherwise limits the obligations of a digital product 18
manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 19
(b) A digital product manufacturer or authorized service provider may not be 20
held civilly liable for damages or injuries caused to a digital product by an 21
independent service provider or owner during the course of the independent service 22
provider's or owner's diagnosis, maintenance, or repair of the product. 23
Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 24
construed to require a digital product manufacturer or an authorized service provider 25
to make available to an independent service provider or an owner the information, 26
other than documentation, that a digital product manufacturer makes available to an 27
authorized service provider under a license or other contract described in 28
AS 45.45.860(a). 29
Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 30
do not apply to 31
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(1) a digital product that is a medical device intended for use in the 1
diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 2
prevention of disease, in humans or animals; 3
(2) the diagnosis, maintenance, or repair of a digital product that is a 4
motor vehicle or a part for a motor vehicle; or 5
(3) a digital product that is 6
(A) a fire alarm or other life safety system; 7
(B) a physical intrusion detection system monitored by a 8
person providing a security service; or 9
(C) physical access control equipment, including electronic 10
keypads and building access systems. 11
(b) In this section, "medical device" has the meaning given to "device" in 21 12
U.S.C. 321(h)(1). 13
Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 14
(1) "authorized service provider" means a person that is an authorized 15
service provider under AS 45.45.860; 16
(2) "digital product" 17
(A) means a product that 18
(i) is sold at retail for personal, family, or household 19
use; and 20
(ii) relies, in whole or in part, on digital electronics 21
embedded in or attached to the product; 22
(B) does not include a product sold under a contract between 23
businesses or between a business and a governmental entity; 24
(3) "digital product manufacturer" means a person engaged in the 25
business of selling, leasing, or otherwise supplying new digital products manufactured 26
by or on behalf of the person to another person; 27
(4) "documentation" means a manual, diagram, reporting output, 28
service code description, schematic diagram, security code, password, or other 29
guidance or information used in effecting the services of diagnosis, maintenance, or 30
repair of a digital product; 31
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(5) "independent service provider" means a person that is an 1
independent service provider under AS 45.45.850; 2
(6) "motor vehicle" means a vehicle designed for transporting persons 3
or property on a street or highway and certified by the manufacturer under all 4
applicable federal emissions standards and requirements for distribution and sale in the 5
United States; 6
(7) "owner" means a person who owns or leases a digital product; 7
(8) "part" means a new or used replacement part that a digital product 8
manufacturer makes available for the maintenance or repair of the product; 9
(9) "tool" includes a software program, hardware implement, or other 10
apparatus used for diagnosis, maintenance, or repair of a digital product, including 11
software or other mechanisms that calibrate, update, program, pair new parts, or 12
otherwise perform a purpose that ensures the product's functionality. 13
* Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 14
(58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 15
maintenance, and repair). 16
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
APPLICABILITY. This Act applies to a digital product that is sold or leased in the 19
state on or after the effective date of this Act. In this section, "digital product" has the 20
meaning given in AS 45.45.899. 21
* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22
read: 23
SAVING CLAUSE. This Act may not be construed to change the terms of a license or 24
contract that is in effect immediately before the effective date of this Act. 25
* Sec. 6. This Act takes effect January 1, 2027. 26