SB 111 — An Act relating to the diagnosis, maintenance, and repair of consumer 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.

34-LS0560\I34-LS0560\N CS FOR SENATE BILL NO.

111(CRA)111 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THESENATORS SENATEDUNBAR, COMMUNITYKawasaki, ANDGiessel REGIONALIntroduced: AFFAIRS COMMITTEE Referred:

Labor2/26/25 &Referred: Commerce Sponsor(s):

SENATORSCommunity DUNBAR,and Kawasaki,Regional GiesselAffairs, Labor and Commerce A BILL FOR AN ACT ENTITLED "An Act relating to the diagnosis, maintenance, and repair of products that use digital electronics to operate;

(a) A digital product manufacturer shall, as required under AS 45.45.800 - 45.45.899,45.45.890, make available to an independent service provider or owner of a digital product manufactured, sold, or leased by or on behalf of the manufacturer any documentation, parts, and tools provided to an authorized service provider for the diagnosis, SB0111BSB0111A -1- CSSBSB 111(CRA)111 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\I34-LS0560\N maintenance, or repair of the digital product.

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.

Sec.

45.45.830.

A digital product manufacturer is not required to make a part available under AS 45.45.800 - 45.45.89945.45.890 if the part is no longer available to the manufacturer.

45.45.840.45.45.830.

(a) CSSB 111(CRA) -2- SB0111B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\I Except as provided in (b) and (c) of this section, a digital product manufacturer shall make available to an independent service provider or owner of the product (1) documentation required under AS 45.45.800 - 45.45.89945.45.890 without charge, except that, if the provider or owner requests a physical copy of the documentation, the manufacturer may charge the provider or owner for the reasonable, actual cost of preparing and sending a copy of the documentation;

(2) parts required under AS 45.45.800 - 45.45.899,45.45.890, directly or through an authorized service provider, on terms that are the same as the most favorable terms the manufacturer provides to an authorized service provider of the manufacturer;

(3) the tools required under AS 45.45.800 - 45.45.89945.45.890 without (A) charge, except that, if the provider or owner requests a tool in physical form, the manufacturer may charge the provider or owner for the reasonable, actual costs of preparing and sending the tool;

and SB 111 -2- SB0111A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\N (C) impeding the efficient and cost-effective use of the diagnostic, maintenance, or repair functions of the tool.

(c) Notwithstanding (a)(2) and (b) of this section, for a digital product that is farm equipment or powersports equipment, a manufacturer shall, directly or through an authorized service provider, provide parts on terms and at costs that are reasonable considering the conditions agreed on, the quality of the parts, and the timeliness of the delivery.

45.45.850.45.45.840.

A person is considered to be an independent service provider under AS 45.45.800 - 45.45.89945.45.890 if the person (1) engages in the business of diagnosis, maintenance, or repair of digital products in the state;

and (2) is not a digital product manufacturer, does not have a license or SB0111B -3- CSSB 111(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\I contract with a digital product manufacturer under AS 45.45.860(a),45.45.850(a), and is not affiliated with a person that has a license or contract with a digital product manufacturer under AS 45.45.860(a).45.45.850(a).

45.45.860.45.45.850.

(a) A person is an authorized service provider under AS 45.45.800 - 45.45.89945.45.890 if the person has a (1) license to use a trade name, service mark, or other proprietary identification of the digital product manufacturer to offer diagnosis, maintenance, or repair of digital products under the name of the digital product manufacturer;

(b) A digital product manufacturer that offers the services of diagnosis, maintenance, or repair of its own digital products is considered an authorized service provider for such products for the purposes of AS 45.45.800 - 45.45.899.45.45.890.

45.45.870.45.45.860.

Nothing in AS 45.45.800 - 45.45.89945.45.890 may be construed to require a digital product manufacturer to disclose a trade secret to an SB0111A -3- SB 111 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\N independent service provider or an owner except to the extent necessary to make documentation, parts, and tools available under AS 45.45.800 - 45.45.899.45.45.890.

45.45.880.45.45.870.

Limitations on application and liability.liability;

(a)exemption. An agreement that waives, restricts, or otherwise limits the obligations of a digital product manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable.

(a) An agreement that waives, restricts, or otherwise limits the obligations of a digital product manufacturer under AS 45.45.800 - 45.45.890 is void and unenforceable.

(c) The provisions of AS 45.45.800 - 45.45.890 do not apply to the diagnosis, maintenance, or repair of a digital product that is a motor vehicle or a part for a motor vehicle.

45.45.890.45.45.880.

Nothing in AS 45.45.800 - 45.45.89945.45.890 may be construed to require a digital product manufacturer or an authorized service provider to make available to an independent service provider or an owner the information, other than documentation, that a digital product manufacturer makes available to an authorized service provider under a license or other contract described in CSSB 111(CRA) -4- SB0111B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0560\I AS 45.45.860(a).45.45.850(a).

45.45.895.45.45.890.

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).