Senate Bill S618B

2017-2018 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 Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2017-S618 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998

2017-S618 - Summary

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

2017-S618 - Sponsor Memo

2017-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".
   §  2. The general business law is amended by adding a new section 399-
 nn to read as follows:
   § 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.
              

co-Sponsors

2017-S618A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998

2017-S618A - Summary

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

2017-S618A - Sponsor Memo

2017-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".
   §  2. The general business law is amended by adding a new section 399-
 nn to read as follows:
   § 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

2017-S618B - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998

2017-S618B - Summary

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

2017-S618B - Sponsor Memo

2017-S618B - 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".
   § 2. The general business law is amended by adding a new section  399-
 nn to read as follows:
   §  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.
              

co-Sponsors

2017-S618C (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S3998

2017-S618C (ACTIVE) - Summary

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

2017-S618C (ACTIVE) - Sponsor Memo

2017-S618C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  618--C
 
                        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  --  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".
   §  2. The general business law is amended by adding a new section 399-
 nn to read as follows:
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.