Bill Text: AZ SB1536 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Electronic and appliance products; repairs
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-02-06 - Senate read second time [SB1536 Detail]
Download: Arizona-2024-SB1536-Introduced.html
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REFERENCE TITLE: electronic and appliance products; repairs |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1536 |
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Introduced by Senators Mendez: Burch, Hernandez, Sundareshan
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An Act
amending title 44, Arizona Revised Statutes, by adding chapter 41; relating to electronics and appliances.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 41, to read:
CHAPTER 41
ELECTRONICS AND APPLIANCES
ARTICLE 1. GENERAL PROVISIONS
44-8031. Definitions
In this chapter, unless the context otherwise requires:
1. "authorized repair provider":
(a) Means a person that is unaffiliated with a manufacturer and that has an arrangement with the manufacturer, for a definite or indefinite period, that does either of the following:
(i) Grants to the person a license to use a trade name, service mark or other proprietary identifier to offer diagnostic, maintenance or repair services for electronic or appliance products under the name of the manufacturer.
(ii) Offers diagnostic, maintenance or repair services for electronic or appliance products on behalf of the manufacturer.
(b) Includes a manufacturer that offers diagnostic, maintenance or repair services for the manufacturer's electronic or appliance products if the manufacturer does not have an arrangement with an unaffiliated person.
2. "Documentation" means an electronic or appliance product manual, diagram, reporting output, service code description, schematic or other similar information to diagnose, maintain or repair the electronic or appliance product.
3. "electronic or appliance product" or "product":
(a) Means the following:
(i) a television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier or fax machine that is normally used or sold for personal, family, household or home office use.
(ii) a major home appliance, including a refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor or room air conditioner that is normally used or sold for personal, family, household or home office use or for use in private motor vehicles.
(iii) an antenna or resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities.
(b) Includes products that are sold to schools, businesses, local governments or in other methods outside of direct retail sale.
(c) Does not include either of the following:
(i) a product or component of an alarm system, including a fire protection system.
(ii) a video game console.
4. "fair and reasonable terms" means:
(a) Costs and terms that are equivalent to the most favorable costs and terms, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or any other incentive or preference that the manufacturer offers to an authorized repair provider.
(b) For documentation, including any relevant updates, 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.
(c) for tools, no charge and no impediments to access or use the tools to diagnose, maintain or repair and enable full functionality of the product except that when a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool.
(d) if a manufacturer does not use an authorized repair provider, a price that reflects the actual cost to the manufacturer to prepare and deliver the part, tool or documentation, exclusive of any research and development costs incurred.
5. "part" means a replacement part or an assembly of parts, either new or used, that is used to facilitate the maintenance or repair of a product that is sold by the manufacturer.
6. "service dealer" means a person who, for compensation, engages in or holds the person out to the public as offering services in the business of any of the following:
(a) installing, repairing, servicing or maintaining a product that is normally used or sold for personal, family, household or home office use.
(b) Installing, repairing, servicing or maintaining equipment or a burglar alarm system for use in private motor vehicles.
(c) Installing, repairing, servicing or maintaining television or radio receiver antennas, rotators and accessories or direct satellite signal receiving equipment that is located on or adjacent to a residence.
7. "tool" means a software program, hardware implement or other apparatus that is used for DIAGNOSING, maintaining or repairing a product, including software or other mechanisms that program, pair a part, provide or calibrate functionality or perform any other function that is required to repair the product or part back to a fully functional condition, including any updates.
8. "video game console":
(a) Means a computing device, including its components and peripherals, that is primarily used by persons for playing video games.
(b) Includes a console machine, handheld console device or another device or system.
(c) does not include a computer, including a desktop computer, laptop, tablet or cellular telephone.
44-8032. Manufacturers; requirements; exception
A. Notwithstanding any other law, a manufacturer of an electronic or appliance product shall make available to the product owner all of the following:
1. Service and repair facilities.
2. Service dealers.
3. Sufficient documentation and functional parts and tools, including any updates, on fair and reasonable terms, to affect the diagnosis, maintenance or repair of the product.
B. A manufacturer shall comply with the requirements in subsection A of this section for the following time periods:
1. If the product has a wholesale price to the retailer or to others outside of direct retail sale of at least $50 and not more than $99.99, for at least three years after the last date that a product model or type was manufactured, even if the three-year period exceeds the product's warranty period.
2. If the product has a wholesale price to the retailer or to others outside of direct retail sale of at least $100, for at least seven years after the last date that a product model or type was manufactured, even if the seven-year period exceeds the product's warranty period.
C. Except as necessary to comply with this section, a manufacturer is not required to divulge a trade secret or license any intellectual property, including copyrights or patents.
D. A product's source code is not required to be distributed.
E. Before a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer repairs a product, the service and repair facility or service dealer shall provide a written notice to a person requesting the repair that:
1. The service and repair facility or service dealer is not an authorized repair provider for the product.
2. Discloses if the service and repair facility or service dealer uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product.
F. A manufacturer is not required to make available special documentation, tools and parts that would disable or override anti-theft security measures set by the product owner without the owner's authorization.
G. A manufacturer is not required to sell service parts if the service parts are no longer provided by the manufacturer or made available to an authorized repair provider.
H. A manufacturer or authorized repair provider is not liable for any damage or injury caused to an electronic or appliance product, a person or property resulting from a repair, diagnosis, maintenance or modification performed by a service dealer or owner, including:
1. Any indirect, incidental, special or consequential damages.
2. Any loss of data, privacy or profits.
3. Any inability to use or a reduced functionality of the electronic or appliance product.
I. Subsection h of this section does not apply to a design defect or manufacturing flaw that existed before or independent of the repair, diagnosis, maintenance or modification that is performed pursuant to this section.
J. If a manufacturer is considered an authorized repair provider, the manufacturer is not required to make available either of the following documentation or tools that either:
1. The manufacturer uses only to perform, at no cost, diagnostic services virtually through telephone, internet, chat, email or other similar means that do not involve the manufacturer physically handling the customer's electronic or appliance product, unless the manufacturer also makes the documentation or tools available to an entity that is unaffiliated with the manufacturer.
2. Are used exclusively for repairs completed by machines that operate on several electronic or appliance products simultaneously if the manufacturer makes available to a product's owner service and repair facilities, service dealers and sufficient alternative documentation and tools to affect the diagnosis, maintenance or repair of the electronic or appliance product.
K. This section does not apply if the manufacturer provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer.
44-8033. Enforcement; violation; civil penalties
A. This state or A city, county or political subdivision of this state may bring an action in superior court to enforce this chapter.
B. An action shall be commenced within three years after the date of the alleged violation.
C. A person who violates this CHAPTER is subject to a civil penalty as follows:
1. For a first violation, $1,000 per day.
2. For a second violation, $2,000 per day.
3. For a third or subsequent violation, $5,000 per day.
Sec. 2. Short title
This act may be cited as the "Right to Repair Act".
