assembly Bill A6068A

2015-2016 Legislative Session

Relates to the sale of certain diagnostic and repair information systems

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Archive: Last Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2016 print number 6068a
Mar 29, 2016 amend (t) and recommit to consumer affairs and protection
Jan 06, 2016 referred to consumer affairs and protection
Mar 11, 2015 referred to consumer affairs and protection

Co-Sponsors

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Multi-Sponsors

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A6068 - Details

See Senate Version of this Bill:
S3998B
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L

A6068 - 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.

A6068 - Bill Text download pdf

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

                                  6068

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Consumer Affairs and 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

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Multi-Sponsors

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A6068A (ACTIVE) - Details

See Senate Version of this Bill:
S3998B
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L

A6068A (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.

A6068A (ACTIVE) - Bill Text download pdf

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

                                 6068--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by M. of A. MORELLE, STIRPE, WOERNER, SKOUFIS, COLTON, BENE-
  DETTO, GOTTFRIED, GUNTHER, FAHY, LAVINE -- Multi-Sponsored by -- M. of
  A.  BRAUNSTEIN, GALEF, LENTOL, LUPARDO, SIMANOWITZ, SIMON,  SKARTADOS,
  WEINSTEIN  --  read  once  and  referred  to the Committee on Consumer
  Affairs and Protection -- recommitted to  the  Committee  on  Consumer
  Affairs  and  Protection in accordance with Assembly Rule 3, sec. 2 --
  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.
                                                           LBD07386-11-6

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