assembly Bill A7535

2019-2020 Legislative Session

Relates to the sale of certain diagnostic and repair information systems

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to consumer affairs and protection
May 09, 2019 referred to consumer affairs and protection

Co-Sponsors

A7535 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8192
2021-2022: A6315

A7535 (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.

A7535 (ACTIVE) - Bill Text download pdf


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

                                  7535

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2019
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  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".
  § 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.
  (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.