Bill Text: HI HB415 | 2021 | Regular Session | Introduced


Bill Title: Relating To Mobile Devices.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-01-27 - Referred to CPC, FIN, referral sheet 1 [HB415 Detail]

Download: Hawaii-2021-HB415-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

415

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to mobile devices.

 

 

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

MOBILE DEVICE RIGHT TO REPAIR ACT

     §   -1  Short title.  This chapter may be cited as the "Mobile Device Right to Repair Act".

     §   -2  Definitions.  For the purposes of this chapter:

     "Authorized repair provider" means an individual or business who is unaffiliated with an original equipment manufacturer but has a temporary or indefinite business arrangement or licensing agreement with the original equipment manufacturer to provide diagnostic, maintenance, or repair services.  For the purposes of this chapter, an original equipment manufacturer that provides diagnostic, maintenance, or repair services for its own electronics-enabled mobile equipment and does not have an arrangement for these purposes with an unaffiliated individual or business, shall be considered an authorized repair provider for this equipment.

     "Documentation" means any manual, diagram, reporting output, service code description, schematic, or other guidance information used to diagnose, maintain, or repair electronics-enabled mobile equipment.

     "Electronics-enabled mobile equipment" or "equipment" means any portable product designed for individual use that can connect to the internet and depends for its functioning, in whole or in part, on embedded or attached digital electronics.  "Electronics-enabled mobile equipment" includes, but is not limited to, cell phones, tablets, laptop computers, and watches, but does not include products having internal combustion engines, motor vehicles, or products not offered for consumer retail sale.

     "Embedded software" means any programmable instructions provided on firmware that is delivered with the electronics-enabled mobile equipment or with a part for this equipment for the purposes of operating the equipment.  "Embedded software" includes all relevant firmware patches and fixes made by the original manufacturer of the equipment or part.

     "Fair and reasonable terms" means costs and terms equivalent to the most favorable costs and terms offered to authorized repair providers; provided that:

     (1)  The cost at which a tool or part is offered may account for any discount, rebate, means of delivery, means of restoring or updating equipment functionality, right of use, or any 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 independent repair provider;

     (2)  Original equipment manufacturers shall not impose any substantial obligations or restrictions on owners or independent repair providers that are not reasonably necessary to enable the owner or independent repair provider to diagnose, maintain, or repair the electronics-enabled mobile equipment;

     (3)  The availability of any documentation, tools, or parts needed to diagnose, maintain, or repair the equipment shall not be conditioned on the recipient being an authorized repair provider;

     (4)  Documentation, including any relevant updates, shall be offered at no cost if an electronic copy is requested and at only a reasonable preparation and shipping cost if a physical copy is requested; and

     (5)  Software tools shall be offered at no cost and in a manner that does not require special authorization or internet access or impose any impediment to access or use that prevents an owner or independent repair provider from diagnosing, maintaining, or repairing the equipment.

     "Firmware" means a software program or set of instructions programmed into electronics-enabled mobile equipment, or into a part for the equipment, that allows the equipment to operate or to communicate with other computer hardware.

     "Independent repair provider" means an individual or business that diagnoses, maintains, or repairs electronics-enabled mobile equipment in the State and is not acting as or affiliated with an authorized repair provider; provided that an authorized repair provider for an original equipment manufacturer may be considered an independent repair provider when diagnosing, maintaining, or repairing equipment sold or provided by another equipment manufacturer.

     "Original equipment manufacturer" means a business that sells, leases, or supplies electronics-enabled mobile equipment manufactured by the business or on its behalf.

     "Part" means any new or used replacement part made available by an original equipment manufacturer to maintain or repair electronics-enabled mobile equipment.

     "Tools" means any software program, hardware implement, or other apparatus used to diagnose, maintain, or repair electronics-enabled mobile equipment, including software or other mechanisms that program or pair a new part, calibrate functionality, or perform any other task needed to return the equipment to a fully functioning condition.

     "Trade secret" has the same meaning as defined in section 482B-2.

     §   -3  Requirements.  (a)  For all electronics-enabled mobile equipment and equipment parts sold and used in the State, the original equipment manufacturer shall make available to equipment owners and independent repair providers, on fair and reasonable terms, any documentation, tools, and parts needed to diagnose, maintain or repair the equipment; provided that this subsection shall not apply if the documentation, tool, or 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 owners and independent repair providers, on fair and reasonable terms, any documentation, tools, or parts needed to disable the lock or security function and to reset it after the equipment has been diagnosed, maintained, or repaired.  The documentation, tools, or parts may be made available by means of an appropriately secure delivery system.

     (c)  When the original equipment manufacturer has made an express warranty with respect to electronics-enabled mobile equipment and the wholesale price of the equipment is greater than $100, the manufacturer shall make available to owners and independent repair providers, at a reasonable price, the documentation, tools, and parts needed to repair the equipment during the warranty period.  The price shall account for the:

     (1)  Actual cost to the original equipment manufacturer to prepare and distribute the part, tool, or documentation, exclusive of any research and development costs;

     (2)  Affordability of the part, tool, or documentation for owners and independent repair providers;

     (3)  Means by which the part, tool, or documentation is distributed.

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

     (b)  Nothing in this chapter shall be construed to alter the terms of any arrangement or licensing agreement between an authorized repair provider and an original equipment manufacturer, including the right of the authorized repair provider to perform or provide warranty or recall services; provided that any terms of the arrangement or licensing agreement that purport to waive, avoid, restrict, or limit the original equipment manufacturer's obligation to comply with this chapter shall be void and unenforceable.

     §   -5  Enforcement.  Violation of any provision of this chapter shall be a violation pursuant to section 480-2."

     SECTION 2.  This Act shall take effect upon its approval; provided that this Act shall apply to all equipment sold or in use on or after the effective date of this Act.

 

INTRODUCED BY:

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Report Title:

Mobile Device Right to Repair Act; Manufacturers; Owners; Independent Repair Providers

 

Description:

Requires original manufacturers of certain electronics-enabled mobile equipment sold or used in the State to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, tools, and parts needed to diagnose, maintain, or 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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