AK
Alaska Senate Bill SB111

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB111 Compare Versions

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10-CS FOR SENATE BILL NO. 111(CRA)
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11+ SENATE BILL NO. 111
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
17+BY SENATOR DUNBAR
1718
18-Offered: 4/9/25
19-Referred: Labor & Commerce
19+Introduced: 2/26/25
20+Referred: Community and Regional Affairs, Labor and Commerce
2021
21-Sponsor(s): SENATOR DUNBAR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to the diagnosis, maintenance, and repair of products that use digital 1
2728 electronics to operate; adding an unlawful act to the Alaska Unfair Trade Practices and 2
2829 Consumer Protection Act; and providing for an effective date." 3
2930 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
3031 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
3132 to read: 6
3233 SHORT TITLE. This Act may be known as the Digital Right to Repair Act. 7
3334 * Sec. 2. AS 45.45 is amended by adding new sections to read: 8
3435 Article 12A. Digital Product Diagnosis, Maintenance, and Repair. 9
3536 Sec. 45.45.800. Digital product diagnosis, maintenance, and repair. (a) A 10
36-digital product manufacturer shall, as required under AS 45.45.800 - 45.45.899, make 11
37+digital product manufacturer shall, as required under AS 45.45.800 - 45.45.890, make 11
3738 available to an independent service provider or owner of a digital product 12
3839 manufactured, sold, or leased by or on behalf of the manufacturer any documentation, 13
39-parts, and tools provided to an authorized service provider for the diagnosis, 14 34-LS0560\I
40-CSSB 111(CRA) -2- SB0111B
40+parts, and tools provided to an authorized service provider for the diagnosis, 14 34-LS0560\N
41+SB 111 -2- SB0111A
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4344 maintenance, or repair of the digital product. 1
4445 (b) The documentation, parts, and tools made available under (a) of this 2
4546 section must include any changes made by the digital product manufacturer to update, 3
4647 fix, or improve a computer program, including the program's data, or firmware used in 4
4748 the product or part. 5
4849 Sec. 45.45.810. Security features. If a digital product contains an electronic 6
4950 security lock or other security-related feature that is disabled during the diagnosis, 7
5051 maintenance, or repair of the product, the digital product manufacturer shall make 8
5152 available to the independent service provider or owner of the product the 9
5253 documentation, parts, and tools necessary to reset the security-related feature. The 10
5354 manufacturer may use appropriate secure release systems to make the documentation, 11
5455 parts, and tools available. 12
55-Sec. 45.45.820. Parts pairing prohibited. (a) A digital product manufacturer 13
56-may not use parts pairing software or another technology that 14
57-(1) prevents or inhibits an independent service provider or owner of a 15
58-digital product from installing and enabling a functional replacement part or 16
59-component that the digital product manufacturer has not approved; and 17
60-(2) if a functional replacement part or component for a digital product 18
61-that has not been approved by the digital product manufacturer is installed or 19
62-otherwise enabled, 20
63-(A) reduces the functionality or performance of the product; or 21
64-(B) causes the product to display misleading alerts or warnings 22
65-that the owner cannot immediately dismiss. 23
66-(b) Nothing in this section requires a digital product manufacturer to make 24
67-available to a person special documentation, tools, parts, electronic programs, or other 25
68-devices that disable or override anti-theft or privacy security measures that are 26
69-activated, installed, or otherwise enabled by an owner of a digital product. 27
70-Sec. 45.45.830. Unavailable parts. A digital product manufacturer is not 28
71-required to make a part available under AS 45.45.800 - 45.45.899 if the part is no 29
72-longer available to the manufacturer. 30
73-Sec. 45.45.840. Terms of providing documentation, parts, and tools. (a) 31 34-LS0560\I
74-SB0111B -3- CSSB 111(CRA)
56+Sec. 45.45.820. Unavailable parts. A digital product manufacturer is not 13
57+required to make a part available under AS 45.45.800 - 45.45.890 if the part is no 14
58+longer available to the manufacturer. 15
59+Sec. 45.45.830. Terms of providing documentation, parts, and tools. (a) 16
60+Except as provided in (b) and (c) of this section, a digital product manufacturer shall 17
61+make available to an independent service provider or owner of the product 18
62+(1) documentation required under AS 45.45.800 - 45.45.890 without 19
63+charge, except that, if the provider or owner requests a physical copy of the 20
64+documentation, the manufacturer may charge the provider or owner for the reasonable, 21
65+actual cost of preparing and sending a copy of the documentation; 22
66+(2) parts required under AS 45.45.800 - 45.45.890, directly or through 23
67+an authorized service provider, on terms that are the same as the most favorable terms 24
68+the manufacturer provides to an authorized service provider of the manufacturer; 25
69+(3) the tools required under AS 45.45.800 - 45.45.890 without 26
70+(A) charge, except that, if the provider or owner requests a tool 27
71+in physical form, the manufacturer may charge the provider or owner for the 28
72+reasonable, actual costs of preparing and sending the tool; 29
73+(B) impeding access or use of the tool to diagnose, maintain,
74+or 30
75+repair and enable full functionality of the digital product; and 31 34-LS0560\N
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77-Except as provided in (b) and (c) of this section, a digital product manufacturer shall 1
78-make available to an independent service provider or owner of the product 2
79-(1) documentation required under AS 45.45.800 - 45.45.899 without 3
80-charge, except that, if the provider or owner requests a physical copy of the 4
81-documentation, the manufacturer may charge the provider or owner for the reasonable, 5
82-actual cost of preparing and sending a copy of the documentation; 6
83-(2) parts required under AS 45.45.800 - 45.45.899, directly or through 7
84-an authorized service provider, on terms that are the same as the most favorable terms 8
85-the manufacturer provides to an authorized service provider of the manufacturer; 9
86-(3) the tools required under AS 45.45.800 - 45.45.899 without 10
87-(A) charge, except that, if the provider or owner requests a tool 11
88-in physical form, the manufacturer may charge the provider or owner for the 12
89-reasonable, actual costs of preparing and sending the tool; 13
90-(B) impeding access or use of the tool to diagnose, maintain, or 14
91-repair and enable full functionality of the digital product; and 15
92-(C) impeding the efficient and cost-effective use of the 16
93-diagnostic, maintenance, or repair functions of the tool. 17
94-(b) A digital product manufacturer may not charge an independent service 18
95-provider or an owner a price that is greater than the price the manufacturer charges its 19
96-authorized service provider, after discounts, rebates, and other incentive programs, to 20
97-make the same documentation, part, or tool available. 21
98-(c) Notwithstanding (a)(2) and (b) of this section, for a digital product that is 22
99-farm equipment or powersports equipment, a manufacturer shall, directly or through 23
100-an authorized service provider, provide parts on terms and at costs that are reasonable 24
101-considering the conditions agreed on, the quality of the parts, and the timeliness of the 25
102-delivery. 26
103-Sec. 45.45.850. Independent service provider. A person is considered to be 27
104-an independent service provider under AS 45.45.800 - 45.45.899 if the person 28
105-(1) engages in the business of diagnosis, maintenance, or repair of 29
106-digital products in the state; and 30
107-(2) is not a digital product manufacturer, does not have a lic
108-ense or 31 34-LS0560\I
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79+(C) impeding the efficient and cost-effective use of the 1
80+diagnostic, maintenance, or repair functions of the tool. 2
81+(b) A digital product manufacturer may not charge an independent service 3
82+provider or an owner a price that is greater than the price the manufacturer charges its 4
83+authorized service provider, after discounts, rebates, and other incentive programs, to 5
84+make the same documentation, part, or tool available. 6
85+(c) Notwithstanding (a)(2) and (b) of this section, for a digital product that is 7
86+farm equipment, a manufacturer shall, directly or through an authorized service 8
87+provider, provide parts on terms and at costs that are reasonable considering the 9
88+conditions agreed on, the quality of the parts, and the timeliness of the delivery. 10
89+Sec. 45.45.840. Independent service provider. A person is considered to be 11
90+an independent service provider under AS 45.45.800 - 45.45.890 if the person 12
91+(1) engages in the business of diagnosis, maintenance, or repair of 13
92+digital products in the state; and 14
93+(2) is not a digital product manufacturer, does not have a license or 15
94+contract with a digital product manufacturer under AS 45.45.850(a), and is not 16
95+affiliated with a person that has a license or contract with a digital product 17
96+manufacturer under AS 45.45.850(a). 18
97+Sec. 45.45.850. Authorized service provider. (a) A person is an authorized 19
98+service provider under AS 45.45.800 - 45.45.890 if the person has a 20
99+(1) license to use a trade name, service mark, or other proprietary 21
100+identification of the digital product manufacturer to offer diagnosis, maintenance, or 22
101+repair of digital products under the name of the digital product manufacturer; or 23
102+(2) contract that is not described in (1) of this subsection with the 24
103+digital product manufacturer to provide diagnosis, maintenance, or repair of digital 25
104+products that are manufactured by the digital product manufacturer. 26
105+(b) A digital product manufacturer that offers the services of diagnosis, 27
106+maintenance, or repair of its own digital products is considered an authorized service 28
107+provider for such products for the purposes of AS 45.45.800 - 45.45.890. 29
108+Sec. 45.45.860. Trade secrets. Nothing in AS 45.45.800 - 45.45.890 may be 30
109+construed to require a digital product manufacturer to disclose a trade secret to an 31 34-LS0560\N
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112-contract with a digital product manufacturer under AS 45.45.860(a), and is not 1
113-affiliated with a person that has a license or contract with a digital product 2
114-manufacturer under AS 45.45.860(a). 3
115-Sec. 45.45.860. Authorized service provider. (a) A person is an authorized 4
116-service provider under AS 45.45.800 - 45.45.899 if the person has a 5
117-(1) license to use a trade name, service mark, or other proprietary 6
118-identification of the digital product manufacturer to offer diagnosis, maintenance, or 7
119-repair of digital products under the name of the digital product manufacturer; or 8
120-(2) contract that is not described in (1) of this subsection with the 9
121-digital product manufacturer to provide diagnosis, maintenance, or repair of digital 10
122-products that are manufactured by the digital product manufacturer. 11
123-(b) A digital product manufacturer that offers the services of diagnosis, 12
124-maintenance, or repair of its own digital products is considered an authorized service 13
125-provider for such products for the purposes of AS 45.45.800 - 45.45.899. 14
126-Sec. 45.45.870. Trade secrets. Nothing in AS 45.45.800 - 45.45.899 may be 15
127-construed to require a digital product manufacturer to disclose a trade secret to an 16
128-independent service provider or an owner except to the extent necessary to make 17
129-documentation, parts, and tools available under AS 45.45.800 - 45.45.899. In this 18
130-section, "trade secret" has the meaning given in AS 45.50.940. 19
131-Sec. 45.45.880. Limitations on application and liability. (a) An agreement 20
132-that waives, restricts, or otherwise limits the obligations of a digital product 21
133-manufacturer under AS 45.45.800 - 45.45.899 is void and unenforceable. 22
134-(b) A digital product manufacturer or authorized service provider may not be 23
135-held civilly liable for damages or injuries caused to a digital product by an 24
136-independent service provider or owner during the course of the independent service 25
137-provider's or owner's diagnosis, maintenance, or repair of the product. 26
138-Sec. 45.45.890. Interpretation. Nothing in AS 45.45.800 - 45.45.899 may be 27
139-construed to require a digital product manufacturer or an authorized service provider 28
140-to make available to an independent service provider or an owne
141-r the information, 29
142-other than documentation, that a digital product manufacturer makes available to an 30
143-authorized service provider under a license or other contract described in 31 34-LS0560\I
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113+independent service provider or an owner except to the extent necessary to make 1
114+documentation, parts, and tools available under AS 45.45.800 - 45.45.890. In this 2
115+section, "trade secret" has the meaning given in AS 45.50.940. 3
116+Sec. 45.45.870. Limitations on application and liability; exemption. (a) An 4
117+agreement that waives, restricts, or otherwise limits the obligations of a digital product 5
118+manufacturer under AS 45.45.800 - 45.45.890 is void and unenforceable. 6
119+(b) A digital product manufacturer or authorized service provider may not be 7
120+held civilly liable for damages or injuries caused to a digital product by an 8
121+independent service provider or owner during the course of the independent service 9
122+provider's or owner's diagnosis, maintenance, or repair of the product. 10
123+(c) The provisions of AS 45.45.800 - 45.45.890 do not apply to the diagnosis, 11
124+maintenance, or repair of a digital product that is a motor vehicle or a part for a motor 12
125+vehicle. 13
126+Sec. 45.45.880. Interpretation. Nothing in AS 45.45.800 - 45.45.890 may be 14
127+construed to require a digital product manufacturer or an authorized service provider 15
128+to make available to an independent service provider or an owner the information, 16
129+other than documentation, that a digital product manufacturer makes available to an 17
130+authorized service provider under a license or other contract described in 18
131+AS 45.45.850(a). 19
132+Sec. 45.45.890. Definitions. In AS 45.45.800 - 45.45.890, 20
133+(1) "authorized service provider" means a person that is an authorized 21
134+service provider under AS 45.45.850; 22
135+(2) "digital product" means a product that depends for its functioning, 23
136+in whole or in part, on digital electronics embedded in or attached to the product; 24
137+(3) "digital product manufacturer" means a person engaged in the 25
138+business of selling, leasing, or otherwise supplying new digital products manufactured 26
139+by or on behalf of the person to another person; 27
140+(4) "documentation" means a manual, diagram, reporting output, 28
141+service code description, schematic diagram, security code, password, or other 29
142+guidance or information used in effecting the services of diagnosis, maintenance, or 30
143+repair of a digital product;
144+31 34-LS0560\N
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147-AS 45.45.860(a). 1
148-Sec. 45.45.895. Exemptions. (a) The provisions of AS 45.45.800 - 45.45.899 2
149-do not apply to 3
150-(1) a digital product that is a medical device intended for use in the 4
151-diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or 5
152-prevention of disease, in humans or animals; 6
153-(2) the diagnosis, maintenance, or repair of a digital product that is a 7
154-motor vehicle or a part for a motor vehicle. 8
155-(b) In this section, "medical device" has the meaning given to "device" in 21 9
156-U.S.C. 321(h)(1). 10
157-Sec. 45.45.899. Definitions. In AS 45.45.800 - 45.45.899, 11
158-(1) "authorized service provider" means a person that is an authorized 12
159-service provider under AS 45.45.860; 13
160-(2) "digital product" means a product that depends for its functioning, 14
161-in whole or in part, on digital electronics embedded in or attached to the product; 15
162-(3) "digital product manufacturer" means a person engaged in the 16
163-business of selling, leasing, or otherwise supplying new digital products manufactured 17
164-by or on behalf of the person to another person; 18
165-(4) "documentation" means a manual, diagram, reporting output, 19
166-service code description, schematic diagram, security code, password, or other 20
167-guidance or information used in effecting the services of diagnosis, maintenance, or 21
168-repair of a digital product; 22
169-(5) "farm equipment" 23
170-(A) includes a combine, farm tractor, trailer, sprayer, tillage 24
171-implement, baler, engine, motor, or other equipment used or intended for use 25
172-on a farm or ranch operation to plant, cultivate, irrigate, or harvest agricultural 26
173-products or to ranch, and attachments and repair parts for farm equipment; 27
174-(B) does not include a motor vehicle required to be registered 28
175-under AS 28.10; 29
176-(6) "independent service provider" means a person that is an 30
177-independent service provider under AS 45.45.850; 31 34-LS0560\I
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148+(5) "farm equipment" 1
149+(A) includes a combine, farm tractor, trailer, sprayer, tillage 2
150+implement, baler, engine, motor, or other equipment used or intended for use 3
151+on a farm or ranch operation to plant, cultivate, irrigate, or harvest agricultural 4
152+products or to ranch, and attachments and repair parts for farm equipment; 5
153+(B) does not include a motor vehicle required to be registered 6
154+under AS 28.10; 7
155+(6) "independent service provider" means a person that is an 8
156+independent service provider under AS 45.45.840; 9
157+(7) "motor vehicle" means a vehicle designed for transporting persons 10
158+or property on a street or highway and certified by the manufacturer under all 11
159+applicable federal emissions standards and requirements for distribution and sale in the 12
160+United States; 13
161+(8) "owner" means a person who owns or leases a digital product; 14
162+(9) "part" means a new or used replacement part that a digital product 15
163+manufacturer makes available for the maintenance or repair of the product; 16
164+(10) "tool" includes a software program, hardware implement, or other 17
165+apparatus used for diagnosis, maintenance, or repair of a digital product, including 18
166+software or other mechanisms that calibrate, update, program, pair new parts, or 19
167+otherwise perform a purpose that ensures the product's functionality. 20
168+ * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 21
169+(58) violating AS 45.45.800 - 45.45.890 (digital product diagnosis, 22
170+maintenance, and repair). 23
171+ * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 24
172+read: 25
173+APPLICABILITY. This Act applies to a digital product that is sold or leased in the 26
174+state on or after the effective date of this Act. In this section, "digital product" has the 27
175+meaning given in AS 45.45.890. 28
176+ * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29
177+read: 30
178+SAVING CLAUSE. This Act may not be construed to change the terms of a license or 31 34-LS0560\N
179+SB 111 -6- SB0111A
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181-(7) "motor vehicle" means a vehicle designed for transporting persons 1
182-or property on a street or highway and certified by the manufacturer under all 2
183-applicable federal emissions standards and requirements for distribution and sale in the 3
184-United States; 4
185-(8) "owner" means a person who owns or leases a digital product; 5
186-(9) "part" means a new or used replacement part that a digital product 6
187-manufacturer makes available for the maintenance or repair of the product; 7
188-(10) "powersports equipment" 8
189-(A) includes an all-terrain vehicle, a personal watercraft, 9
190-snowmobile, or similar vehicle or craft, and attachments and repair parts for 10
191-powersports equipment; 11
192-(B) does not include a motor vehicle required to be registered 12
193-under AS 28.10; 13
194-(11) "tool" includes a software program, hardware implement, or other 14
195-apparatus used for diagnosis, maintenance, or repair of a digital product, including 15
196-software or other mechanisms that calibrate, update, program, pair new parts, or 16
197-otherwise perform a purpose that ensures the product's functionality. 17
198- * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 18
199-(58) violating AS 45.45.800 - 45.45.899 (digital product diagnosis, 19
200-maintenance, and repair). 20
201- * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21
202-read: 22
203-APPLICABILITY. This Act applies to a digital product that is sold or leased in the 23
204-state on or after the effective date of this Act. In this section, "digital product" has the 24
205-meaning given in AS 45.45.899. 25
206- * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 26
207-read: 27
208-SAVING CLAUSE. This Act may not be construed to change the terms of a license or 28
209-contract that is in effect immediately before the effective date of this Act. 29
210- * Sec. 6. This Act takes effect January 1, 2026. 30
182+contract that is in effect immediately before the effective date of this Act. 1
183+ * Sec. 6. This Act takes effect January 1, 2026. 2