STAND. COM. REP. NO. 76-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1884

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1884 entitled:

"A BILL FOR AN ACT RELATING TO THE MODEL STATE RIGHT-TO-REPAIR LAW,"

begs leave to report as follows:

The purpose of this measure is to require original equipment manufacturers of digital electronic equipment to make documentation, parts, and tools available to independent repair providers or to owners for purposes of diagnosis, maintenance, or repair.

Your Committee received testimony in support of this measure from SodexoCTM; SecuRepairs.org; Tradeloop; Trident Computer Resources, Inc.; XS International, Inc.; Newall Watch Materials; U.S. PIRG; AscdiNatd; Reverse Logistics Association; Institute for Local Self Reliance; The Repair Association; Impact Recyclers; Electronic Frontier Foundation; Service Industry Association; Geeks for Good; Tinyville Farm; and two individuals. Your Committee received testimony in opposition to this measure from American Machinery; CNH Industrial America LLC; Allied Machinery Corp.; Hawthorne Cat/Pacific Machinery Co.; Tesla; Far West Equipment Dealers Association; Air Conditioning, Heating and Refrigeration Institute; Association of Home Appliance Manufacturers; Computing Technology Industry Association; Consumer Technology Association; CTIA – The Wireless Association; Entertainment Software Association; Information Technology Industry Council; Internet Coalition; National Electronic Manufacturers Association; NetChoice; PRBA – The Rechargeable Battery Association; Security Industry Association; State Privacy and Security Coalition, Inc.; TechNet; Telecommunications Industry Association; The Toy Association; Hawaii Technology Industry Association; Association of Hawaii Business; and Medical Imaging & Technology Alliance. Your Committee received comments on this measure from the Advanced Medical Technology Association.

Your Committee finds that there was extensive testimony provided in support of and in opposition to this measure. Your Committee further finds that the points raised in the written testimony on both sides of the issue have merit. Accordingly, your Committee finds that the matter of providing a greater marketplace for consumers to receive repairs to their digital electronic equipment warrants further consideration and discussion as this measure proceeds through the legislative process.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1884, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1884, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROY M. TAKUMI, Chair