senate Bill S5283

2019-2020 Legislative Session

Establishes the "right to repair farm equipment act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to consumer protection
Apr 23, 2019 referred to consumer protection

Co-Sponsors

S5283 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 33-C §698, Gen Bus L

S5283 (ACTIVE) - Summary

Establishes the "right to repair farm equipment act" to protect the rights of consumers to diagnose, service, maintain, and repair farm equipment; requires original equipment manufacturers to make equipment available to independent repair providers under fair and reasonable terms.

S5283 (ACTIVE) - Sponsor Memo

S5283 (ACTIVE) - Bill Text download pdf


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

                                  5283

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 23, 2019
                               ___________

Introduced  by  Sen.  MAY  --  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  establishing
  the "right to repair farm equipment act" to require original equipment
  manufacturers  to  make  certain  equipment  available  to independent
  repair providers under fair and reasonable terms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "right to
repair farm equipment act".
  § 2. The general business law is amended by adding a new article  33-C
to read as follows:
                               ARTICLE 33-C
                     RIGHT TO REPAIR FARM EQUIPMENT
SECTION 698. RIGHT  OF  CONSUMERS  TO  DIAGNOSE,  SERVICE,  MAINTAIN AND
               REPAIR FARM EQUIPMENT.
  § 698. RIGHT OF CONSUMERS TO DIAGNOSE, SERVICE,  MAINTAIN  AND  REPAIR
FARM EQUIPMENT. (A) DEFINITIONS. AS USED IN THIS SECTION:
  (1)  "AUTHORIZED REPAIR PROVIDER" MEANS: (I) A PERSON OR BUSINESS THAT
HAS AN ARRANGEMENT FOR A DEFINITE OR INDEFINITE PERIOD WITH AN  ORIGINAL
EQUIPMENT  MANUFACTURER  IN  WHICH  THE  ORIGINAL EQUIPMENT MANUFACTURER
GRANTS TO A PERSON OR BUSINESS LICENSE TO  USE  A  TRADE  NAME,  SERVICE
MARK,  OR  RELATED  CHARACTERISTIC  FOR  THE PURPOSES OF OFFERING REPAIR
SERVICES UNDER THE NAME OF THE ORIGINAL EQUIPMENT MANUFACTURER; OR  (II)
A  PERSON OR BUSINESS RETAINED BY THE ORIGINAL EQUIPMENT MANUFACTURER TO
PROVIDE REFURBISHING SERVICES FOR THE ORIGINAL EQUIPMENT  MANUFACTURER'S
PRODUCT OR PRODUCTS.
  (2)  "EMBEDDED  SOFTWARE" MEANS ANY PROGRAMMABLE INSTRUCTIONS PROVIDED
ON FIRMWARE DELIVERED WITH THE EQUIPMENT FOR THE PURPOSES  OF  EQUIPMENT
OPERATION, INCLUDING ALL RELEVANT PATCHES AND FIXES MADE BY THE ORIGINAL
EQUIPMENT  MANUFACTURER  FOR THIS PURPOSE, INCLUDING, BUT NOT LIMITED TO

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

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