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CS FOR SENATE BILL NO. 111(CRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
Offered: 4/9/25
Referred: Labor & Commerce
Sponsor(s): SENATOR DUNBAR
A BILL
FOR AN ACT ENTITLED
"An Act relating to the diagnosis, maintenance, and repair of products that use digital 1
electronics to operate; adding an unlawful act to the Alaska Unfair Trade Practices and 2
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 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 34-LS0560\I
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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
Sec. 45.45.830. Unavailable parts. A digital product manufacturer is not 28
required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 29
longer available to the manufacturer. 30
Sec. 45.45.840. Terms of providing documentation, parts, and tools. (a) 31 34-LS0560\I
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Except as provided in (b) and (c) of this section, a digital product manufacturer shall 1
make available to an independent service provider or owner of the product 2
(1) documentation required under AS 45.45.800 - 45.45.899 without 3
charge, except that, if the provider or owner requests a physical copy of the 4
documentation, the manufacturer may charge the provider or owner for the reasonable, 5
actual cost of preparing and sending a copy of the documentation; 6
(2) parts required under AS 45.45.800 - 45.45.899, directly or through 7
an authorized service provider, on terms that are the same as the most favorable terms 8
the manufacturer provides to an authorized service provider of the manufacturer; 9
(3) the tools required under AS 45.45.800 - 45.45.899 without 10
(A) charge, except that, if the provider or owner requests a tool 11
in physical form, the manufacturer may charge the provider or owner for the 12
reasonable, actual costs of preparing and sending the tool; 13
(B) impeding access or use of the tool to diagnose, maintain, or 14
repair and enable full functionality of the digital product; and 15
(C) impeding the efficient and cost-effective use of the 16
diagnostic, maintenance, or repair functions of the tool. 17
(b) A digital product manufacturer may not charge an independent service 18
provider or an owner a price that is greater than the price the manufacturer charges its 19
authorized service provider, after discounts, rebates, and other incentive programs, to 20
make the same documentation, part, or tool available. 21
(c) Notwithstanding (a)(2) and (b) of this section, for a digital product that is 22
farm equipment or powersports equipment, a manufacturer shall, directly or through 23
an authorized service provider, provide parts on terms and at costs that are reasonable 24
considering the conditions agreed on, the quality of the parts, and the timeliness of the 25
delivery. 26
Sec. 45.45.850. Independent service provider. A person is considered to be 27
an independent service provider under AS 45.45.800 - 45.45.899 if the person 28
(1) engages in the business of diagnosis, maintenance, or repair of 29
digital products in the state; and 30
(2) is not a digital product manufacturer, does not have a lic
ense or 31 34-LS0560\I
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contract with a digital product manufacturer under AS 45.45.860(a), and is not 1
affiliated with a person that has a license or contract with a digital product 2
manufacturer under AS 45.45.860(a). 3
Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 4
service provider under AS 45.45.800 - 45.45.899 if the person has a 5
(1) license to use a trade name, service mark, or other proprietary 6
identification of the digital product manufacturer to offer diagnosis, maintenance, or 7
repair of digital products under the name of the digital product manufacturer; or 8
(2) contract that is not described in (1) of this subsection with the 9
digital product manufacturer to provide diagnosis, maintenance, or repair of digital 10
products that are manufactured by the digital product manufacturer. 11
(b) A digital product manufacturer that offers the services of diagnosis, 12
maintenance, or repair of its own digital products is considered an authorized service 13
provider for such products for the purposes of AS 45.45.800 - 45.45.899. 14
Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 15
construed to require a digital product manufacturer to disclose a trade secret to an 16
independent service provider or an owner except to the extent necessary to make 17
documentation, parts, and tools available under AS 45.45.800 - 45.45.899. In this 18
section, "trade secret" has the meaning given in AS 45.50.940. 19
Sec. 45.45.880. Limitations on application and liability. (a) An agreement 20
that waives, restricts, or otherwise limits the obligations of a digital product 21
manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 22
(b) A digital product manufacturer or authorized service provider may not be 23
held civilly liable for damages or injuries caused to a digital product by an 24
independent service provider or owner during the course of the independent service 25
provider's or owner's diagnosis, maintenance, or repair of the product. 26
Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 27
construed to require a digital product manufacturer or an authorized service provider 28
to make available to an independent service provider or an owne
r the information, 29
other than documentation, that a digital product manufacturer makes available to an 30
authorized service provider under a license or other contract described in 31 34-LS0560\I
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AS 45.45.860(a). 1
Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 2
do not apply to 3
(1) a digital product that is a medical device intended for use in the 4
diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 5
prevention of disease, in humans or animals; 6
(2) the diagnosis, maintenance, or repair of a digital product that is a 7
motor vehicle or a part for a motor vehicle. 8
(b) In this section, "medical device" has the meaning given to "device" in 21 9
U.S.C. 321(h)(1). 10
Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 11
(1) "authorized service provider" means a person that is an authorized 12
service provider under AS 45.45.860; 13
(2) "digital product" means a product that depends for its functioning, 14
in whole or in part, on digital electronics embedded in or attached to the product; 15
(3) "digital product manufacturer" means a person engaged in the 16
business of selling, leasing, or otherwise supplying new digital products manufactured 17
by or on behalf of the person to another person; 18
(4) "documentation" means a manual, diagram, reporting output, 19
service code description, schematic diagram, security code, password, or other 20
guidance or information used in effecting the services of diagnosis, maintenance, or 21
repair of a digital product; 22
(5) "farm equipment" 23
(A) includes a combine, farm tractor, trailer, sprayer, tillage 24
implement, baler, engine, motor, or other equipment used or intended for use 25
on a farm or ranch operation to plant, cultivate, irrigate, or harvest agricultural 26
products or to ranch, and attachments and repair parts for farm equipment; 27
(B) does not include a motor vehicle required to be registered 28
under AS 28.10; 29
(6) "independent service provider" means a person that is an 30
independent service provider under AS 45.45.850; 31 34-LS0560\I
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(7) "motor vehicle" means a vehicle designed for transporting persons 1
or property on a street or highway and certified by the manufacturer under all 2
applicable federal emissions standards and requirements for distribution and sale in the 3
United States; 4
(8) "owner" means a person who owns or leases a digital product; 5
(9) "part" means a new or used replacement part that a digital product 6
manufacturer makes available for the maintenance or repair of the product; 7
(10) "powersports equipment" 8
(A) includes an all-terrain vehicle, a personal watercraft, 9
snowmobile, or similar vehicle or craft, and attachments and repair parts for 10
powersports equipment; 11
(B) does not include a motor vehicle required to be registered 12
under AS 28.10; 13
(11) "tool" includes a software program, hardware implement, or other 14
apparatus used for diagnosis, maintenance, or repair of a digital product, including 15
software or other mechanisms that calibrate, update, program, pair new parts, or 16
otherwise perform a purpose that ensures the product's functionality. 17
* Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 18
(58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 19
maintenance, and repair). 20
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
APPLICABILITY. This Act applies to a digital product that is sold or leased in the 23
state on or after the effective date of this Act. In this section, "digital product" has the 24
meaning given in AS 45.45.899. 25
* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 26
read: 27
SAVING CLAUSE. This Act may not be construed to change the terms of a license or 28
contract that is in effect immediately before the effective date of this Act. 29
* Sec. 6. This Act takes effect January 1, 2026. 30