Hawaii 2023 Regular Session

Hawaii House Bill HB53 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 53 THIRTY-SECOND LEGISLATURE, 2023 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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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 53
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to right to repair.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The purpose of this Act is to promote consumer choice and competition by requiring manufacturers of digital electronic equipment to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, parts, and tools used to diagnose, maintain, and repair the equipment. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 26 to be appropriately designated and to read as follows: "CHAPTER DIGITAL FAIR REPAIR § -1 Definitions. As used in this chapter: "Authorized repair provider" means, with respect to an original equipment manufacturer, an individual or business who is unaffiliated with the original equipment manufacturer and who has an arrangement with the original equipment manufacturer 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 services on behalf of the original equipment manufacturer. An original equipment manufacturer who offers the services of diagnosis, maintenance, or repair of digital electronic equipment manufactured by it or on its behalf, or sold or otherwise supplied by it, 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" means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product. "Documentation" means any manual, diagram, reporting output, service code description, schematic, security codes or passwords, or other information used in 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: (1) Accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated 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 (2) Not conditioned on having an arrangement as described in the definition of "authorized repair provider". For documentation, including any relevant updates, "fair and reasonable terms" also means at no charge; provided 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. "Independent repair provider" means, with respect to an original equipment manufacturer, an individual or business operating in this State, who does not have an arrangement 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 an 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. An original equipment manufacturer or, with respect to that original equipment manufacturer, an individual or business who has an arrangement with that original equipment manufacturer, or who is affiliated with an individual or business who has an arrangement with that original equipment manufacturer, shall be considered an independent repair provider 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, that 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 shall 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 that 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 chapter 437, 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, leasing, or otherwise supplying new digital electronic equipment, or parts of 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" has the same meaning as in section 482B‑2. § -2 Requirements. (a) An original equipment manufacturer shall, for digital electronic equipment, or parts for the equipment, manufactured by it or on its behalf, or sold or otherwise supplied by it, and sold or used in this 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 the equipment. Nothing in this subsection shall require an original equipment manufacturer to make available a part that is no longer available to the original equipment manufacturer. (b) For digital electronic equipment that contains an electronic security lock or other security-related function, the original equipment manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to disable the lock or function, and to reset it when disabled. § -3 Remedies. Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. § -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 to an independent repair 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 as described in the definition of "authorized repair provider" 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; provided that any provision in the 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. § -6 Applicability. This chapter shall apply to equipment sold or in use on or after January 1, 2024." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The purpose of this Act is to promote consumer choice and competition by requiring manufacturers of digital electronic equipment to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, parts, and tools used to diagnose, maintain, and repair the equipment.
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51	51	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 26 to be appropriately designated and to read as follows:
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53	53	"CHAPTER
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55	55	DIGITAL FAIR REPAIR
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57	57	§ -1 Definitions. As used in this chapter:
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59	59	"Authorized repair provider" means, with respect to an original equipment manufacturer, an individual or business who is unaffiliated with the original equipment manufacturer and who has an arrangement with the original equipment manufacturer 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 services on behalf of the original equipment manufacturer. An original equipment manufacturer who offers the services of diagnosis, maintenance, or repair of digital electronic equipment manufactured by it or on its behalf, or sold or otherwise supplied by it, 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.
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61	61	"Digital electronic equipment" means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product.
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63	63	"Documentation" means any manual, diagram, reporting output, service code description, schematic, security codes or passwords, or other information used in effecting the services of diagnosis, maintenance, or repair of digital electronic equipment.
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65	65	"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:
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67	67	(1) Accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated 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
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69	69	(2) Not conditioned on having an arrangement as described in the definition of "authorized repair provider".
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71	71	For documentation, including any relevant updates, "fair and reasonable terms" also means at no charge; provided 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.
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73	73	"Independent repair provider" means, with respect to an original equipment manufacturer, an individual or business operating in this State, who does not have an arrangement 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 an 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. An original equipment manufacturer or, with respect to that original equipment manufacturer, an individual or business who has an arrangement with that original equipment manufacturer, or who is affiliated with an individual or business who has an arrangement with that original equipment manufacturer, shall be considered an independent repair provider 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, that original equipment manufacturer.
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75	75	"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.
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77	77	"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 shall not include:
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79	79	(1) A motorcycle; or
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81	81	(2) A recreational vehicle or an auto home equipped for habitation.
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83	83	"Motor vehicle dealer" means an individual or business that 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 chapter 437, and is engaged in the services of diagnosis, maintenance, or repair of motor vehicles or motor vehicle engines pursuant to that franchise agreement.
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85	85	"Motor vehicle manufacturer" means a business engaged in the business of manufacturing or assembling new motor vehicles.
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87	87	"Original equipment manufacturer" means a business engaged in the business of selling, leasing, or otherwise supplying new digital electronic equipment, or parts of equipment, manufactured by or on behalf of itself, to any individual or business.
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89	89	"Owner" means an individual or business who owns or leases digital electronic equipment purchased or used in this State.
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91	91	"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.
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93	93	"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.
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95	95	"Trade secret" has the same meaning as in section 482B‑2.
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97	97	§ -2 Requirements. (a) An original equipment manufacturer shall, for digital electronic equipment, or parts for the equipment, manufactured by it or on its behalf, or sold or otherwise supplied by it, and sold or used in this 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 the equipment. Nothing in this subsection shall require an original equipment manufacturer to make available a part that is no longer available to the original equipment manufacturer.
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99	99	(b) For digital electronic equipment that contains an electronic security lock or other security-related function, the original equipment manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to disable the lock or function, and to reset it when disabled.
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101	101	§ -3 Remedies. Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
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103	103	§ -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 to an independent repair provider, except as necessary to provide documentation, parts, and tools on fair and reasonable terms.
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105	105	(b) Nothing in this chapter shall be construed to alter the terms of any arrangement as described in the definition of "authorized repair provider" 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; provided that any provision in the 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.
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107	107	§ -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.
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109	109	§ -6 Applicability. This chapter shall apply to equipment sold or in use on or after January 1, 2024."
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111	111	SECTION 3. This Act shall take effect upon its approval.
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115	115	INTRODUCED BY: _____________________________
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117	117	INTRODUCED BY:
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125	125	Report Title: Right-to-repair; Digital Electronic Equipment; Repairs; Original Equipment Manufacturers; Independent Repair Providers Description: Requires manufacturers of digital electronic equipment to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, parts, and tools used to diagnose, maintain, and repair the equipment. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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131	131	Report Title:
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133	133	Right-to-repair; Digital Electronic Equipment; Repairs; Original Equipment Manufacturers; Independent Repair Providers
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137	137	Description:
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139	139	Requires manufacturers of digital electronic equipment to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, parts, and tools used to diagnose, maintain, and repair the equipment.
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147	147	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.