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SB2052
THE SENATE
S.B. NO.
2052
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to 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 Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:
"
Chapter
smartphone
right-to-repair ACT
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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 smartphone
manufacturer and who has an arrangement with the original smartphone
manufacturer, for a definite or indefinite period, under which the original smartphone
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 smartphone
under the name of the original smartphone manufacturer, or other arrangement
with the original smartphone manufacturer to offer the services on behalf of
the original smartphone manufacturer.
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"Authorized repair provider" includes an original smartphone
manufacturer who offers the services of diagnosis, maintenance, or repair of
its own smartphone, and who does not have an arrangement described in this
definition with an unaffiliated individual or business.
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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
smartphone.
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"Embedded software" means any
programmable instructions provided on firmware delivered with a smartphone, or
with a part for the smartphone, for purposes of smartphone operation, including
all relevant patches and fixes made by the manufacturer of the smartphone 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 smartphone 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 smartphone
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" includes a charge included for the reasonable actual
costs of preparing and sending the copy when the documentation is requested in
physical printed form.
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"Firmware" means a software
program or set of instructions programmed on a smartphone, or on a part for the
smartphone, to allow the smartphone 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 smartphone 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 smartphone;
provided that
an original smartphone manufacturer or, with respect to that original smartphone
manufacturer, an individual or business who has an arrangement with that
original smartphone manufacturer, or who is affiliated with an individual or
business who has an arrangement with that original smartphone 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 smartphone that is not manufactured by or sold under the name of
that original smartphone manufacturer.
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"Original smartphone
manufacturer" means a business engaged in the business of selling or
leasing new smartphones 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 a smartphone purchased or used in the State.
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"Part" means any replacement
part, either new or used, made available by an original smartphone manufacturer
for purposes of effecting the services of maintenance or repair of a smartphone
manufactured or sold by the original smartphone manufacturer.
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"Smartphone" means a cellular
radio telephone or other mobile voice communications handset device that
includes all of the following features:
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(1)
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Utilizes
a mobile operating system;
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(2)
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Possesses
the capability to utilize mobile software application, access and browse the
Internet, utilize text messaging, and digital voice service, and send and
receive email;
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(3)
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Has
wireless network connectivity; and
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(4)
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Is
capable of operating on a long-term evolution network or successor wireless
data network communication standards.
A
smartphone does not include a radio cellular telephone commonly referred to as
a "feature" or "messaging" telephone, a laptop, tablet
device, or a device that only has electronic reading capabilities.
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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 any smartphone, and parts for the smartphone, sold or used in the
State, an original smartphone manufacturer shall make available; for purposes
of diagnosis, maintenance, or repair; to any independent repair provider or
owner of a smartphone manufactured by or on behalf of; or sold by; the original
smartphone manufacturer; on fair and reasonable terms; documentation, parts,
and tools, inclusive of any updates to information or embedded software.
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Nothing in this section requires an original smartphone
manufacturer to make available a part if the part is no longer available to the
original smartphone manufacturer.
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(b)
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For a smartphone that contains an electronic security lock or other
security-related function, the original smartphone manufacturer shall make
available to the owner and independent repair providers, on fair and reasonable
terms, any special documentation, tools, and parts needed to reset the lock or
function when disabled in the course of diagnosis, maintenance, or repair of
the smartphone.
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The documentation,
tools, and parts may be made available through appropriate secure release
systems.
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Enforcement by attorney general.
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Violation of any of the provisions 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 smartphone
manufacturer to divulge a trade secret or license any intellectual property to
an owner or an 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 in this chapter shall be construed to alter the terms of
any arrangement in force between an authorized repair provider and an original smartphone
manufacturer, including the performance or provision of warranty or recall
repair work by an authorized repair provider on behalf of an original smartphone
manufacturer pursuant to the arrangement, except that any provision in terms
that purports to waive, avoid, restrict, or limit the original smartphone
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 smartphone
manufacturer or an authorized repair provider to provide to an owner or
independent repair provider access to information, other than documentation,
that is provided by the original smartphone manufacturer to an authorized
repair provider pursuant to the terms of the arrangement between the authorized
repair provider and the original smartphone manufacturer.
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(d)
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Nothing in this chapter shall be construed to prevent an original
smartphone manufacturer to offer parts, such as integrated batteries, to
independent repair providers or owners pre-assembled with other parts rather
than as individual components, where the individual components may pose a heightened
safety risk if installed improperly.
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Applicability.
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This chapter shall apply with respect to any
smartphone sold or in use on or after the effective date of this chapter."
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SECTION 2.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Smartphones;
Right-to-Repair; Exclusions
Description:
Requires original smartphone manufacturers to make
documentation, parts, and tools available to independent repair providers and
owners for the purposes of diagnosis, maintenance, and repair on fair and
reasonable terms.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.