SB2052

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

smartphone right-to-repair ACT

§ -1 Definitions. As used in this chapter:

"Authorized repair provider" means an individual or business who is unaffiliated with an original smartphone manufacturer and who has an arrangement with the original smartphone manufacturer, for a definite or indefinite period, under which the original smartphone 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 a smartphone under the name of the original smartphone manufacturer, or other arrangement with the original smartphone manufacturer to offer the services on behalf of the original smartphone manufacturer. "Authorized repair provider" includes an original smartphone manufacturer who offers the services of diagnosis, maintenance, or repair of its own smartphone, and who does not have an arrangement described in this definition with an unaffiliated individual or business.

"Documentation" means any manual, diagram, reporting output, service code description, schematic diagram, or similar kinds of information provided to an authorized repair provider for purposes of its effecting the services of diagnosis, maintenance, or repair of a smartphone.

"Embedded software" means any programmable instructions provided on firmware delivered with a smartphone, or with a part for the smartphone, for purposes of smartphone operation, including all relevant patches and fixes made by the manufacturer of the smartphone or part for these purposes.

"Fair and reasonable terms" for obtaining a part, tool, or documentation means at costs and terms, including convenience of delivery and rights of use, equivalent to what is offered by the original smartphone manufacturer to an authorized repair provider, using the net costs that would be incurred by an authorized repair provider in obtaining an equivalent part, tool, or documentation from the original smartphone manufacturer, accounting for any discounts, rebates, or other incentive programs in arriving at the actual net costs. For documentation, including any relevant updates, "fair and reasonable terms" includes a charge included for the reasonable actual costs of preparing and sending the copy when the documentation is requested in physical printed form.

"Firmware" means a software program or set of instructions programmed on a smartphone, or on a part for the smartphone, to allow the smartphone or part to communicate with other computer hardware.

"Independent repair provider" means an individual or business operating in the State, who:

(1) Does not have an arrangement with an original smartphone manufacturer;

(2) Is not affiliated with any individual or business who has an arrangement; and

(3) Is engaged in the services of diagnosis, maintenance, or repair of a smartphone;

provided that an original smartphone manufacturer or, with respect to that original smartphone manufacturer, an individual or business who has an arrangement with that original smartphone manufacturer, or who is affiliated with an individual or business who has an arrangement with that original smartphone manufacturer, shall be considered an independent repair provider for purposes of those instances in which it engages in the services of diagnosis, maintenance, or repair of a smartphone that is not manufactured by or sold under the name of that original smartphone manufacturer.

"Original smartphone manufacturer" means a business engaged in the business of selling or leasing new smartphones manufactured by or on behalf of itself, to any individual or business.

"Owner" means an individual or business who owns or leases a smartphone purchased or used in the State.

"Part" means any replacement part, either new or used, made available by an original smartphone manufacturer for purposes of effecting the services of maintenance or repair of a smartphone manufactured or sold by the original smartphone manufacturer.

"Smartphone" means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features:

(1) Utilizes a mobile operating system;

(2) Possesses the capability to utilize mobile software application, access and browse the Internet, utilize text messaging, and digital voice service, and send and receive email;

(3) Has wireless network connectivity; and

(4) Is capable of operating on a long-term evolution network or successor wireless data network communication standards.

A smartphone does not include a radio cellular telephone commonly referred to as a "feature" or "messaging" telephone, a laptop, tablet device, or a device that only has electronic reading capabilities.

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

§ -2 Requirements. (a) For any smartphone, and parts for the smartphone, sold or used in the State, an original smartphone manufacturer shall make available; for purposes of diagnosis, maintenance, or repair; to any independent repair provider or owner of a smartphone manufactured by or on behalf of; or sold by; the original smartphone manufacturer; on fair and reasonable terms; documentation, parts, and tools, inclusive of any updates to information or embedded software. Nothing in this section requires an original smartphone manufacturer to make available a part if the part is no longer available to the original smartphone manufacturer.

(b) For a smartphone that contains an electronic security lock or other security-related function, the original smartphone manufacturer shall make available to the owner and independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the smartphone. The documentation, tools, and parts may be made available through appropriate secure release systems.

§ -3 Enforcement by attorney general. Violation of any of the provisions of this chapter shall be deemed an unfair practice under section 480-2. All remedies, penalties, and authority granted to the attorney general by chapter 480 shall be available to the attorney general in the enforcement of this chapter.

§ -4 Limitations. (a) Nothing in this chapter shall be construed to require an original smartphone manufacturer to divulge a trade secret or license any intellectual property to an owner or an independent service provider except as necessary to provide documentation, parts, and tools on fair and reasonable terms.

(b) No provision in this chapter shall be construed to alter the terms of any arrangement in force between an authorized repair provider and an original smartphone manufacturer, including the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original smartphone manufacturer pursuant to the arrangement, except that any provision in terms that purports to waive, avoid, restrict, or limit the original smartphone manufacturer's obligations to comply with this chapter shall be void and unenforceable.

(c) Nothing in this chapter shall be construed to require an original smartphone manufacturer or an authorized repair provider to provide to an owner or independent repair provider access to information, other than documentation, that is provided by the original smartphone manufacturer to an authorized repair provider pursuant to the terms of the arrangement between the authorized repair provider and the original smartphone manufacturer.

(d) Nothing in this chapter shall be construed to prevent an original smartphone manufacturer to offer parts, such as integrated batteries, to independent repair providers or owners pre-assembled with other parts rather than as individual components, where the individual components may pose a heightened safety risk if installed improperly.

§ -5 Applicability. This chapter shall apply with respect to any smartphone sold or in use on or after the effective date of this chapter."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2052
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII