senate Bill S618B

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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2017 print number 618b
amend and recommit to consumer protection
Apr 18, 2017 print number 618a
amend and recommit to consumer protection
Jan 04, 2017 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S618 - Details

See Assembly Version of this Bill:
A8192
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998B

S618 - 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.

S618 - Sponsor Memo

S618 - Bill Text download pdf

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

                                   618

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sens.  BOYLE,  ADDABBO, AKSHAR, AVELLA, CARLUCCI, CROCI,
  DILAN, HAMILTON, KAMINSKY, MURPHY, PERALTA, ROBACH -- 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
  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
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.
                                                           LBD05441-01-7

Co-Sponsors

view additional co-sponsors

S618A - Details

See Assembly Version of this Bill:
A8192
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998B

S618A - 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.

S618A - Sponsor Memo

S618A - Bill Text download pdf

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

                                 618--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sens.  BOYLE,  ADDABBO, AKSHAR, AVELLA, CARLUCCI, CROCI,
  DILAN, HAMILTON, KAMINSKY, MURPHY, PERALTA, PERSAUD,  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 commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05441-04-7

Co-Sponsors

view additional co-sponsors

S618B (ACTIVE) - Details

See Assembly Version of this Bill:
A8192
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998B

S618B (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.

S618B (ACTIVE) - Sponsor Memo

S618B (ACTIVE) - Bill Text download pdf

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

                                 618--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sens.  BOYLE, ADDABBO, AKSHAR, AVELLA, BAILEY, CARLUCCI,
  CROCI, DILAN, HAMILTON, KAMINSKY, MURPHY, PERALTA, PERSAUD, 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 commit-
  tee --  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 (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05441-05-7

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