assembly Bill A8192

2017-2018 Legislative Session

Relates to the sale of certain diagnostic and repair information systems

download bill text pdf

Sponsored By

Current Bill Status -


  • 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 02, 2017 referred to consumer affairs and protection

Co-Sponsors

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A8192 - Details

See Senate Version of this Bill:
S618B
Law Section:
General Business Law
Laws Affected:
Add ยง399-nn, Gen Bus L

A8192 - 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.

A8192 - Bill Text download pdf

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

                                  8192

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2017
                               ___________

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
  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 (I) A PERSON OR  BUSINESS  THAT
HAS  AN  ARRANGEMENT  WITH AN OEM FOR A DEFINITE OR INDEFINITE PERIOD IN
WHICH THE OEM GRANTS TO A PERSON OR BUSINESS  LICENSE  TO  USE  A  TRADE
NAME,  SERVICE MARK OR RELATED CHARACTERISTIC FOR THE PURPOSES OF OFFER-
ING REPAIR SERVICES UNDER THE NAME OF THE OEM, OR (II) A PERSON OR BUSI-
NESS RETAINED BY THE OEM TO PROVIDE REFURBISHING SERVICES FOR THE  OEM'S
PRODUCT OR PRODUCTS.
  (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
PURPOSES OF THIS SECTION, AN OEM  SHALL  BE  CONSIDERED  AN  INDEPENDENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05441-06-7

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