THE SENATE	S.B. NO.	2690
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the model state right-to-repair law.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 26 to be appropriately designated and to read as follows:

"Chapter

state right-to-repair law

     §   -1  Definitions.  As used in this chapter:

     "Authorized repair provider" means an individual or business who is unaffiliated with an original equipment manufacturer and who 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 digital electronic equipment 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.  An original equipment manufacturer who offers the services of diagnosis, maintenance, or repair of its own digital electronic equipment, and who does not have an arrangement described in this definition with an unaffiliated individual or business, shall be considered an authorized repair provider with respect to the equipment.

     "Digital electronic equipment" or "equipment" means any product that depends for its functioning, in whole or in part, upon digital electronics embedded in or attached to the product.

     "Documentation" means any manual, diagram, reporting output, service code description, schematic diagram, security codes or passwords, or similar kinds of information provided to an authorized repair provider for purposes of its effecting the services of diagnosis, maintenance, or repair of digital electronic equipment.

     "Fair and reasonable terms" for obtaining a part or tool or documentation means at costs and terms that are equivalent to the most favorable costs and terms under which the original equipment manufacturer offers the part, tool, or documentation to an authorized repair provider accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and update functionality, rights of use, or other incentive or preference the original equipment manufacturer offers to an authorized repair provider, or any additional cost, burden, or impediment the original equipment manufacturer imposes on an owner or independent repair provider and not conditioned on having an arrangement as described in the definition of "authorized repair provider".

     "Fair and reasonable documentation" means any relevant updates, 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.

     "Firmware" means a software program or set of instructions programmed on digital electronic equipment, or on a part for the equipment, to allow the equipment or part to communicate with other computer hardware.

     "Independent repair provider" means, with respect to an original equipment manufacturer, an individual or business operating in the State, who does not have an arrangement as described in the definition of "authorized repair provider" with the original equipment manufacturer, and who is not affiliated with any individual or business who has that arrangement with the original equipment manufacturer, when that individual or business is engaged in the services of diagnosis, maintenance, or repair of digital electronic equipment.  "Independent repair provider" includes an original equipment manufacturer or, with respect to that original equipment manufacturer, an individual or business who has an arrangement with the original equipment manufacturer, or who is affiliated with an individual or business who has an arrangement with the original equipment manufacturer, when engaging in the services of diagnosis, maintenance, or repair of digital electronic equipment that is not manufactured by or on behalf of, or sold or otherwise supplied by, the original equipment manufacturer.

     "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.

     "Motor vehicle" means a vehicle that is designed for transporting persons or property on a street or highway and is certified by the manufacturer under all applicable federal safety and emissions standards and requirements for distribution and sale in the United States.  "Motor vehicle" does not include:

     (1)  A motorcycle; or

     (2)  A recreational vehicle or an auto home equipped for habitation.

     "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.

     "Motor vehicle manufacturer" means a business engaged in the business of manufacturing or assembling new motor vehicles.

     "Original equipment manufacturer" means a business engaged in the business of selling or leasing new digital electronic equipment manufactured by or on behalf of itself, to any individual or business.

     "Owner" means an individual or business who owns or leases digital electronic equipment purchased or used in this State.

     "Part" means any replacement part, either new or used, made available by or to an original equipment manufacturer for purposes of effecting the services of maintenance or repair of digital electronic equipment manufactured by or on behalf of, sold or otherwise supplied by the original equipment manufacturer.

     "Tool" means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of digital electronic equipment, including software or other mechanisms that provision, program, or pair a part, calibrate functionality, or perform any other function required to bring the product back to fully functional condition.

     "Trade secret" shall have the same meaning as that term is defined in section 482B-2.

     §   -2  Requirements.  (a)  An original equipment manufacturer shall, for digital electronic equipment, or parts for that equipment, manufactured by it or on its behalf, or sold or otherwise supplied by it, and sold or used in the State, make available to owners of the equipment and to independent repair providers, on fair and reasonable terms, documentation, parts, and tools, inclusive of any updates, for purposes of diagnosis, maintenance, or repair of that equipment.  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.

     (b)  For equipment that contains an electronic security lock or other security-related function, the original equipment 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.

     §   -3  Enforcement by attorney general.  Violation of any of the provisions of this chapter shall be deemed an unfair or deceptive act or practice under section 480-2.  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.

     §   -4  Limitations.  (a)  Nothing in this chapter shall be construed to require an original equipment manufacturer to divulge a trade secret to an owner or an independent service provider except as necessary to provide documentation, parts, and tools on fair and reasonable terms.

     (b)  Nothing in this chapter shall be construed to alter the terms of any arrangement described in section    -2(a) 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 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.

     §   -5  Exclusions.  Nothing in this chapter shall apply to a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity or to any product or service of a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity.

     §   -6  Applicability.  This chapter shall apply with respect to equipment sold or in use on or after the effective date of this chapter."

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Digital Electronic Equipment; Repairs; Original Equipment Manufacturers; Independent Repair Providers

 

Description:

Requires original equipment manufacturers of digital electronic equipment 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.