House Bill 452 — Right to repair act

Parrish Miller 2020 House bill ratings Leave a Comment

Bill description: HB 452 creates a host of new mandates and regulations on original equipment manufacturers.

Rating: -6

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

HB 452 mandates that original equipment manufacturers of digital electronic equipment sold or used in Idaho make available diagnostic and repair information to independent repair shops or the owner of the equipment. This information must include technical updates for repairs and updates and corrections to embedded software. The manufacturer must supply the information, updates, and corrections to the independent repair provider or the owner on the same terms to which it makes them available to its authorized repair providers. Alternatively, the manufacturer may make them available free of charge.

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HB 452 mandates that original equipment manufacturers of digital electronic equipment sold or used in Idaho make service parts, including updates to the embedded software of the service parts, available for purchase upon fair and reasonable terms by an owner, the owner’s authorized agent, or an independent repair provider working on the digital electronic equipment.

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HB 452 mandates that original equipment manufacturers of equipment sold or used in Idaho make available for purchase by owners and independent repair providers all diagnostic repair tools. These tools must include the same diagnostic, repair, and remote communications capabilities that the original equipment manufacturer makes available to its own repair or engineering staff or any authorized repair provider.

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HB 452 imposes an extra requirement on original equipment manufacturers that sell equipment (and its parts) in Idaho if those items are used in some way related to security. The bill also imposes those requirements even on companies whose products are used in the state but not sold here. Under this extra requirement, these companies must include the diagnostic, service, and repair information necessary to reset a security related electronic function when they provide repair information to owners and independent repair facilities. Alternatively, original equipment manufacturers may make that information obtainable by owners and independent repair facilities through the appropriate secure data release systems.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

HB 452 states, “A violation of this chapter constitutes a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.”

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Does it violate the spirit or the letter of either the U.S. Constitution or the Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

HB 452 violates the freedom of contract between the manufacturer and its customer by stating, “A warrantor cannot require that only parts manufactured by the original equipment manufacturer be used with the product in order to retain the warranty.”

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