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HB2000
HOUSE OF REPRESENTATIVES
H.B. NO.
2000
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the right to repair
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The purpose of
this Act is to establish a right to repair for wheelchairs while establishing a
legal framework to allow the later addition of other categories of devices.
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SECTION 2.
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The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:
"
Chapter
right
to repair
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Definitions.
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As used in this chapter:
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"Authorized repair provider"
means an individual or business who is unaffiliated with an original equipment
manufacturer but has an arrangement with the original equipment manufacturer,
for a definite or indefinite period, under which the original equipment
manufacturer grants to the individual or business a license to use a trade
name, service mark, or other proprietary identifier for the purposes of
offering the services of diagnosis, maintenance, or repair of a covered device
under the name of the original equipment manufacturer, or other arrangement
with the original equipment manufacturer to offer the services on behalf of the
original equipment manufacturer.
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"Authorized repair provider", with respect to equipment,
includes an original equipment manufacturer who offers the services of
diagnosis, maintenance, or repair of its own covered device, and who does not
have an arrangement described in this definition with an unaffiliated
individual or business.
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"Covered device" means any
wheelchair.
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"Covered device"
includes charging equipment and other related equipment for the use of the
covered device.
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"Documentation" means any manual,
diagram, reporting output, service code description, schematic diagram, or
similar kinds of information provided to an authorized repair provider for
purposes of its effecting the services of diagnosis, maintenance, or repair of
a covered device.
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"Embedded software" means any
programmable instructions provided on firmware delivered with a covered device,
or with a part for the equipment, for purposes of equipment operation,
including all relevant patches and fixes made by the manufacturer of the
equipment or part for these purposes.
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"Fair and reasonable terms" for
obtaining a part, tool, or documentation means at costs and terms, including
convenience of delivery and rights of use, equivalent to what is offered by the
original equipment manufacturer to an authorized repair provider, using the net
costs that would be incurred by an authorized repair provider in obtaining an
equivalent part, tool, or documentation from the original equipment
manufacturer, accounting for any discounts, rebates, or other incentive
programs in arriving at the actual net costs.
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For documentation, including any relevant updates, "fair and
reasonable terms" means at no charge, except that, when the documentation
is requested in physical printed form, a charge may be included for the
reasonable actual costs of preparing and sending the copy.
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"Firmware" means a software
program or set of instructions programmed on a covered device, or on a part for
the equipment, to allow the equipment or part to communicate with other
computer hardware.
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"Independent repair provider"
means an individual or business operating in the State, who:
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(1)
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Does
not have an arrangement with an original equipment manufacturer;
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(2)
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Is
not affiliated with any individual or business who has an arrangement; and
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(3)
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Is
engaged in the services of diagnosis, maintenance, or repair of a covered
device,
except that
an original equipment manufacturer or, with respect to that original equipment
manufacturer, an individual or business who has an arrangement with that
original equipment manufacturer, or who is affiliated with an individual or
business who has an arrangement with that original equipment manufacturer,
shall be considered an independent repair provider for purposes of those
instances in which it engages in the services of diagnosis, maintenance, or
repair of a covered device that is not manufactured by or sold under the name
of that original equipment manufacturer.
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"Manufacturer of motor vehicle
equipment" means a business engaged in the business of manufacturing or
supplying components that are used in the manufacture, maintenance, or repair
of a motor vehicle.
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"Motor vehicle" means a vehicle
that is designed for transporting persons or property on a street or highway
and is certified by the motor vehicle manufacturer under all applicable federal
safety and emissions standards and requirements for distribution and sale in
the United States.
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"Motor vehicle dealer" means an
individual or business who, in the ordinary course of business, is engaged in
the business of selling or leasing new motor vehicles to an individual or
business pursuant to a franchise agreement, has obtained a license under
section 437-2, and is engaged in the services of diagnosis, maintenance, or
repair of motor vehicles or motor vehicle engines pursuant to that franchise
agreement.
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"Motor vehicle manufacturer"
means a business engaged in the business of manufacturing or assembling new
motor vehicles.
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"Original equipment manufacturer"
means a business engaged in the business of selling or leasing a new covered
device manufactured by or on behalf of itself, to any individual or business.
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"Owner" means an individual or
business who owns or leases covered devices purchased or used in the State.
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"Part" means any replacement
part, either new or used, made available by an original equipment manufacturer
for purposes of effecting the services of maintenance or repair of a covered
device manufactured or sold by the original equipment manufacturer.
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"Trade secret" has the same
meaning as defined in section 482B-2.
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Requirements.
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(a)
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For a covered device, and parts for the covered device, sold or used in
the State, an original equipment manufacturer shall make available for purposes
of diagnosis, maintenance, or repair to any independent repair provider or
owner of a covered device manufactured by or on behalf of or sold by the
original equipment manufacturer, on fair and reasonable terms, any documentation,
parts, and tools, including any updates to information or embedded
software.
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Nothing in this section
requires an original equipment manufacturer to make available a part if the
part is no longer available to the original equipment manufacturer.
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(b)
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For equipment that contains an electronic security lock or other
security-related function, the original equipment manufacturer shall make
available to the owner or independent repair provider, on fair and reasonable
terms, any special documentation, tools, and parts needed to reset the lock or
function if the function is disabled in the course of diagnosis, maintenance,
or repair of the equipment.
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The
documentation, tools, and parts may be made available through appropriately
secure release systems.
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Enforcement by attorney general.
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Violation of any provision of this chapter
shall be deemed an unfair practice under section 480-2.
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All remedies, penalties, and authority
granted to the attorney general by chapter 480 shall be available to the
attorney general in the enforcement of this chapter.
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Limitations.
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(a)
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Nothing in this chapter shall be construed to require an original
equipment manufacturer to divulge a trade secret to an owner or independent
service provider except as necessary to provide documentation, parts, and tools
on fair and reasonable terms.
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(b)
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No provision of this chapter shall be construed to alter the terms of
any arrangement in force between an authorized repair provider and an original
equipment manufacturer, including the performance or provision of warranty or
recall repair work by an authorized repair provider on behalf of an original
equipment manufacturer pursuant to the arrangement, except that any provision
in the terms that purports to waive, avoid, restrict, or limit the original
equipment manufacturer's obligations to comply with this chapter shall be void
and unenforceable.
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(c)
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Nothing in this chapter shall be construed to require an original
equipment manufacturer or authorized repair provider to provide an owner or
independent repair provider access to information, other than documentation,
that is provided by the original equipment manufacturer to an authorized repair
provider pursuant to the terms of the arrangement between the authorized repair
provider and the original equipment manufacturer.
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Exclusions
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This chapter shall not apply to a:
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(1)
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Motor
vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle
dealer acting in that capacity or to any product or service of the motor
vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle
dealer;
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(2)
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Manufacturer,
distributor, importer, or dealer of any off-road equipment, including
all-terrain sports and recreational vehicles, racing vehicles, motorcycles, and
heavy construction equipment; or
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(3)
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Manufacturer,
distributor, importer, or dealer of any medical equipment valued at $100,000 or
more that is used in the treatment, monitoring, or diagnosis of a patient.
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Applicability.
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This chapter shall apply with respect to covered
devices sold or in use on or after the effective date of this chapter."
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Right To Repair;
Consumer Protection; Wheelchair
Description:
Establishes
a right to repair for wheelchairs.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.