senate Bill S9058

2017-2018 Legislative Session

Enacts the mobile device and computer fair repair act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2018 referred to rules

Co-Sponsors

S9058 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S710

S9058 (ACTIVE) - Summary

Relates to the sale of mobile devices and computers; requires original equipment manufacturers to provide diagnostic and repair information.

S9058 (ACTIVE) - Sponsor Memo

S9058 (ACTIVE) - Bill Text download pdf


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

                                  9058

                            I N  S E N A T E

                              June 15, 2018
                               ___________

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

AN ACT to amend the general business law, in relation  to  the  sale  of
  mobile  devices  and  computers  and  providing  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 "mobile device and computer fair repair act".
  § 2. The general business law is amended by adding a new section  399-
nn to read as follows:
  §  399-NN.  SALE  AND REPAIR OF MOBILE DEVICES AND COMPUTERS. 1. DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "MOBILE  DEVICE"  MEANS  ANY HAND-HELD MOBILE TELEPHONE, PERSONAL
DIGITAL ASSISTANT (PDA),  HAND-HELD  DEVICE  WITH  MOBILE  DATA  ACCESS,
LAPTOP COMPUTER, PAGER, BROADBAND PERSONAL COMMUNICATION DEVICE, TWO-WAY
MESSAGING DEVICE, OR PORTABLE COMPUTING DEVICE.
  (B)  "COMPUTER"  MEANS AN ELECTRONIC, MAGNETIC, OPTICAL, ELECTROCHEMI-
CAL, OR OTHER HIGH-SPEED  DATA  PROCESSING  DEVICE  PERFORMING  LOGICAL,
ARITHMETIC, OR STORAGE FUNCTIONS, AND INCLUDES ANY DATA STORAGE FACILITY
OR  COMMUNICATIONS FACILITY DIRECTLY RELATED TO OR OPERATING IN CONJUNC-
TION WITH SUCH DEVICE, BUT SUCH TERM DOES NOT INCLUDE AN AUTOMATED TYPE-
WRITER OR TYPESETTER, A PORTABLE HANDHELD CALCULATOR, OR  OTHER  SIMILAR
DEVICE.
  (C)  "AUTHORIZED  REPAIR PROVIDER" MEANS AN INDIVIDUAL OR BUSINESS WHO
IS UNAFFILIATED WITH AN ORIGINAL EQUIPMENT MANUFACTURER AND WHO  HAS  AN
ARRANGEMENT  WITH THE ORIGINAL EQUIPMENT MANUFACTURER, FOR A DEFINITE OR
INDEFINITE PERIOD,  UNDER  WHICH  THE  ORIGINAL  EQUIPMENT  MANUFACTURER
GRANTS  TO  THE  INDIVIDUAL  OR  BUSINESS A LICENSE TO USE A TRADE NAME,
SERVICE MARK, OR OTHER PROPRIETARY IDENTIFIER FOR THE PURPOSES OF OFFER-
ING THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF MOBILE  DEVICES
OR  COMPUTERS  UNDER THE NAME OF THE ORIGINAL EQUIPMENT MANUFACTURER, OR
OTHER ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER TO OFFER SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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