senate Bill S3998B

2015-2016 Legislative Session

Relates to the sale of certain diagnostic and repair information systems

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 committee discharged and committed to rules
Mar 04, 2016 print number 3998b
Mar 04, 2016 amend and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
Jun 16, 2015 committee discharged and committed to rules
Apr 23, 2015 print number 3998a
Apr 23, 2015 amend (t) and recommit to consumer protection
Feb 25, 2015 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S3998 - Details

See Assembly Version of this Bill:
A6068A
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L

S3998 - Summary

Requires manufacturers of digital electronic parts to offer for sale diagnostic and repair information in the same manner as such manufacturer provides such diagnostic and repair information to such manufacturer's repair channel; section does not apply to motor vehicles.

S3998 - Sponsor Memo

S3998 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3998

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  the  sale  of
  certain diagnostic and repair information systems

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-nn to read as follows:
  S 399-NN. SALE OF DIAGNOSTIC AND REPAIR INFORMATION SYSTEMS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
SIGNIFICANCE  HEREIN  DEFINED UNLESS ANOTHER MEANING IS CLEARLY APPARENT
IN LANGUAGE OR CONTEXT:
  (A) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS  ANY  PERSON  OR  BUSINESS
WHO,  IN THE ORDINARY COURSE OF ITS BUSINESS, IS ENGAGED IN THE BUSINESS
OF SELLING OR LEASING  NEW  DIGITAL  ELECTRONIC  PARTS  OF  MACHINES  TO
CONSUMERS  OR  OTHER END USERS AND IS ENGAGED IN THE DIAGNOSIS, SERVICE,
MAINTENANCE OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT TO SUCH  PARTS  OR
MACHINES.
  (B)  "EMBEDDED  SOFTWARE" MEANS ANY PROGRAMMABLE INSTRUCTIONS PROVIDED
ON FIRMWARE DELIVERED WITH THE MACHINE  OR  PART  FOR  THE  PURPOSES  OF
MACHINE  OPERATION, INCLUDING ALL RELEVANT PATCHES AND FIXES MADE BY THE
MANUFACTURER FOR THIS PURPOSE, INCLUDING, BUT NOT  LIMITED  TO  SYNONYMS
"BASIC INTERNAL OPERATING SYSTEM", "INTERNAL OPERATING SYSTEM", "MACHINE
CODE", "ASSEMBLY CODE", "ROOT CODE", AND "MICROCODE".
  (C)  "AUTHORIZED REPAIR PROVIDER" MEANS AN ORAL OR WRITTEN ARRANGEMENT
FOR A DEFINITE OR INDEFINITE PERIOD IN WHICH A MANUFACTURER OR DISTRIBU-
TOR GRANTS TO A SEPARATE BUSINESS ORGANIZATION OR INDIVIDUAL LICENSE  TO
USE  A  TRADE  NAME,  SERVICE  MARK  OR  RELATED  CHARACTERISTIC FOR THE
PURPOSES OF OFFERING REPAIR SERVICES UNDER THE NAME OF THE MANUFACTURER.
  (D) "FAIR AND REASONABLE TERMS" MEANS AN EQUITABLE PRICE IN  LIGHT  OF
RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07386-03-5

Co-Sponsors

view additional co-sponsors

S3998A - Details

See Assembly Version of this Bill:
A6068A
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L

S3998A - Summary

Requires manufacturers of digital electronic parts to offer for sale diagnostic and repair information in the same manner as such manufacturer provides such diagnostic and repair information to such manufacturer's repair channel; section does not apply to motor vehicles.

S3998A - Sponsor Memo

S3998A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3998--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  ADDABBO,  AVELLA, CROCI, PERALTA, ROBACH,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Consumer  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  digital electronic equipment diagnostic and repair information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "fair repair act".
  S  2. The general business law is amended by adding a new section 399-
nn to read as follows:
  S 399-NN. SALE OF DIGITAL ELECTRONIC EQUIPMENT DIAGNOSTIC  AND  REPAIR
INFORMATION.  1.  DEFINITIONS.    FOR  THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ORIGINAL EQUIPMENT MANUFACTURER" OR "OEM"  MEANS  ANY  PERSON  OR
BUSINESS  WHO, IN THE ORDINARY COURSE OF ITS BUSINESS, IS ENGAGED IN THE
BUSINESS OF SELLING OR LEASING NEW DIGITAL ELECTRONIC EQUIPMENT OR PARTS
OF EQUIPMENT TO ANY PERSON OR BUSINESS AND IS ENGAGED IN THE  DIAGNOSIS,
SERVICE,  MAINTENANCE OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT OR PARTS
OF SUCH EQUIPMENT.
  (B) "AUTHORIZED REPAIR PROVIDER" MEANS A PERSON OR BUSINESS  THAT  HAS
AN  ARRANGEMENT  FOR  A  DEFINITE  OR  INDEFINITE PERIOD IN WHICH AN OEM
GRANTS TO A SEPARATE BUSINESS ORGANIZATION OR INDIVIDUAL LICENSE TO  USE
A TRADE NAME, SERVICE MARK OR RELATED CHARACTERISTIC FOR THE PURPOSES OF
OFFERING REPAIR SERVICES UNDER THE NAME OF THE OEM.
  (C) "INDEPENDENT REPAIR PROVIDER" MEANS A PERSON OR BUSINESS OPERATING
IN  THE STATE OF NEW YORK THAT IS NOT AFFILIATED WITH AN OEM OR AN OEM'S
AUTHORIZED REPAIR PROVIDER, WHICH IS ENGAGED IN THE DIAGNOSIS,  SERVICE,
MAINTENANCE  OR  REPAIR  OF  EQUIPMENT; PROVIDED, HOWEVER, THAT, FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07386-05-5

Co-Sponsors

view additional co-sponsors

S3998B (ACTIVE) - Details

See Assembly Version of this Bill:
A6068A
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L

S3998B (ACTIVE) - Summary

Requires manufacturers of digital electronic parts to offer for sale diagnostic and repair information in the same manner as such manufacturer provides such diagnostic and repair information to such manufacturer's repair channel; section does not apply to motor vehicles.

S3998B (ACTIVE) - Sponsor Memo

S3998B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3998--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  ADDABBO,  AVELLA, CARLUCCI, CROCI, DILAN,
  HAMILTON, PERALTA, ROBACH -- read twice and ordered printed, and  when
  printed  to  be  committed  to the Committee on Consumer Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Consumer Protection in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  digital electronic equipment diagnostic and repair information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "fair repair act".
  S  2. The general business law is amended by adding a new section 399-
nn to read as follows:
  S 399-NN. SALE OF DIGITAL ELECTRONIC EQUIPMENT DIAGNOSTIC  AND  REPAIR
INFORMATION.  1.  DEFINITIONS.    FOR  THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ORIGINAL EQUIPMENT MANUFACTURER" OR "OEM"  MEANS  ANY  PERSON  OR
BUSINESS  WHO, IN THE ORDINARY COURSE OF ITS BUSINESS, IS ENGAGED IN THE
BUSINESS OF SELLING OR LEASING NEW DIGITAL ELECTRONIC EQUIPMENT OR PARTS
OF EQUIPMENT TO ANY PERSON OR BUSINESS AND IS ENGAGED IN THE  DIAGNOSIS,
SERVICE,  MAINTENANCE OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT OR PARTS
OF SUCH EQUIPMENT.
  (B) "AUTHORIZED REPAIR PROVIDER" MEANS A PERSON OR BUSINESS  THAT  HAS
AN  ARRANGEMENT  FOR  A  DEFINITE  OR  INDEFINITE PERIOD IN WHICH AN OEM
GRANTS TO A SEPARATE BUSINESS ORGANIZATION OR INDIVIDUAL LICENSE TO  USE
A TRADE NAME, SERVICE MARK OR RELATED CHARACTERISTIC FOR THE PURPOSES OF
OFFERING REPAIR SERVICES UNDER THE NAME OF THE OEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07386-10-6

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