HCR197

WHEREAS, Hawaii's geographic isolation increases the importance of resilience and self-reliance in both law and life; and

WHEREAS, repairing consumer goods is in the public interest as it saves money for residents and reduces waste; and

WHEREAS, manufacturers of goods have an incentive to prevent independent repair and instead promote their own repair service or the replacement of the goods; and

WHEREAS, the rise of digital electronic equipment has created new opportunities to discourage, block, or lock out independent repair of digital electronic equipment and goods; and

WHEREAS, being able to repair goods locally increases the resilience of our local economy; and

WHEREAS, the geographic isolation of Hawaii presents additional challenges such as shipping costs and time for consumers to have goods repaired by manufacturers of the goods out-of-state rather than by local independent repair professionals; and

WHEREAS, consumer choice in the repair market is being restricted by manufacturers that no longer sell spare parts, and that deny access to service information such as schematics and to diagnostic software and firmware updates; and

WHEREAS, consumer choice is a cornerstone of our society, including when choosing how to repair one's goods, and should be available at the greatest extent reasonably possible; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, the Senate concurring, that a right-to-repair task force be convened to examine and recommend laws for reasonable protections of consumer choice in the repair marketplace for digital electronic equipment; and

BE IT FURTHER RESOLVED that, additionally, the right-to- repair task force is requested to determine the feasibility of requiring each manufacturer of digital electronic products to make the following items available to independent repair facilities or owners of products on fair and reasonable terms and in the same manner that the manufacturer makes the items available to its authorized repair providers and other similar subjects:

(1) Manufacturer parts and tools;

(2) Diagnostic and repair information;

(3) Diagnostic software;

(4) Updates to firmware; and

(5) Related documentation; and

BE IT FURTHER RESOLVED that the right-to-repair task force is further requested not to examine and recommend laws relating to motor vehicle repair; and

BE IT FURTHER RESOLVED that the right-to-repair task force comprise the following members or their designees:

(1) A member of the Senate who shall be appointed by the President of the Senate and serve as co-chair of the task force;

(2) A member of the House of Representatives who shall be appointed by the Speaker of the House of Representatives and serve as co-chair of the task force; and

(3) The Director of Commerce and Consumer Affairs; and

BE IT FURTHER RESOLVED that the co-chairs of the task force shall invite the following representatives to serve as task force members:

(1) Four members each of whom own an independent, Hawaii-based, repair business;

(2) One member representing a manufacturer of gaming or computer devices;

(3) One member representing a manufacturer of a diverse range of digital electronic equipment; and

(4) One member representing a manufacturer of lawn and garden care equipment; and

BE IT FURTHER RESOLVED that the co-chairs of the right-to-repair task force may invite other interested parties to join the task force; and

BE IT FURTHER RESOLVED that members of the right-to-repair task force shall serve without compensation; and

BE IT FURTHER RESOLVED that the right-to-repair task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than December 1, 2020; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Director of Commerce and Consumer Affairs.

	OFFERED BY:	_____________________________

Report Title:

Task Force

HOUSE OF REPRESENTATIVES	H.C.R. NO.	197
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII