SENATE BILL REPORT
E2SHB 1392
As of March 20, 2023
Title: An act relating to promoting the fair servicing and repair of digital electronic equipment in a safe, secure, reliable, and sustainable manner to increase access to appropriate and affordable digital electronic equipment, support small businesses and jobs, and enhance digital connectivity in Washington state.
Brief Description: Promoting the fair servicing and repair of digital electronic equipment.
Sponsors: House Committee on Appropriations (originally sponsored by Representatives Gregerson, Kretz, Ryu, Dent, Berry, Fitzgibbon, Reed, Ramel, Pollet and Macri).
Brief History: Passed House: 3/4/23, 58-38.
Committee Activity: Environment, Energy & Technology: 3/22/23.
Brief Summary of Bill
  • Requires original manufacturers of digital electronic equipment and related parts, effective January 1, 2024, to make available to any independent repair provider and owner any parts, tools, and documentation required for the maintenance and repair of such equipment and related parts.
  • Exempts manufacturers or distributors of certain medical devices, motor vehicles, any power generation or storage equipment, or equipment for fueling or charging motor vehicles.
  • Provides sole attorney general enforcement under the Consumer Protection Act.
SENATE COMMITTEE ON ENVIRONMENT, ENERGY & TECHNOLOGY
Staff: Angela Kleis (786-7469)
Background:

Federal. The Federal Trade Commission (FTC) is authorized, among other things, to prevent unfair methods of competition, and unfair or deceptive acts or practices in or affecting commerce. Enforced by the FTC, the Magnuson-Moss Warranty Act generally prohibits manufacturers from conditioning warranty coverage on the use of particular products or services.
 
Federal copyright laws protect original works of authorship including artistic works such as computer software. Certain federal laws prohibit bypassing technical measures that control access to copyrighted works. Several exemptions are specified.
 
State. The Consumer Protection Act (CPA) prohibits unfair methods of competition or unfair or deceptive practices in the conduct of any trade or commerce. A person injured by a violation of the CPA may bring a civil action for injunctive relief, recovery of actual damages, and reasonable attorneys' fees. Under certain circumstances, the courts may increase awarded damages up to three times the actual damages sustained. The attorney general is authorized to investigate and prosecute claims under the CPA on behalf of the state or individuals in the state.
 
Under state law, a trade secret means information that derives economic value from being unknown to others who can obtain economic value from its disclosure, and is subject to reasonable efforts to maintain its secrecy. Trade secrets are protected from misappropriation under federal and state law.
Summary of Bill:

Obligations. Effective January 1, 2024, an original manufacturer of digital electronic equipment and related parts that are manufactured for the first time and first sold or leased in this state on or after July 1, 2023, must make available to any independent repair provider and owner, on fair and reasonable terms, any parts, tools, and documentation required for the diagnosis, maintenance, or repair of such equipment and related parts. For equipment that contains an electronic security-related function, the original manufacturer must make available any special parts, tools, and documentation needed to access and reset the lock or function when disabled in the course of repair.
 
Original manufacturer equipment or parts sold or leased in the state for providing security-related functions may not exclude diagnostic, maintenance, and repair information necessary to reset a security-related electronic function from information provided to owners and independent repair providers.

 

Notice. Before repairing digital electronic equipment, authorized repair providers and independent repair providers must provide to any consumer, publish on their website, or post at the place of business, written notice that contains:

  • steps taken to ensure the privacy; and
  • recommended steps consumer's may take to safeguard device data; and
  • a statement of a consumer's legal right to privacy under the state Constitution and under certain state laws, including that violations of privacy may be referred to law enforcement and violators may be liable for damages, including mental pain and suffering, that a violation of privacy may have caused to a consumer's business, person, or reputation.

 

Limitations. Nothing in this act requires original manufacturers or an authorized repair provider to take specified actions such as divulge a trade secret, except as necessary, or make available any parts, tools, or documentation for modifying any digital electronic equipment or repairing public safety communications equipment used by an emergency service organization.

 

Liability. Original manufacturers and authorized repair providers must not be liable for services performed by independent repair providers, including any indirect, incidental, special, or consequential damages.

 

Exemptions. This act does not apply to manufacturers or distributors of:

  • medical devices, as defined under current law;
  • motor vehicles, including related equipment and dealers;
  • any power generation or storage equipment; or
  • equipment for fueling or charging motor vehicles.

 

Enforcement. Violations of this act are deemed to affect public interest and constitute an unfair or deceptive act in trade or commerce for purposes of applying the CPA. Violations of this act are enforceable under the CPA solely by the attorney general.
Appropriation: The bill contains a null and void clause requiring specific funding be provided in an omnibus appropriation act.
Fiscal Note: Available.  New fiscal note requested on March 14, 2023.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.