NY State Senate Bill S710

Archive: Last 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
Jan 09, 2019	referred to consumer protection

Co-Sponsors

S710 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-nn, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S9058

S710 (ACTIVE) - Summary

Relates to the sale of mobile devices and computers; requires original equipment manufacturers to provide diagnostic and repair information.

S710 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S710

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
mobile devices and computers and providing diagnostic and repair infor-
mation

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require original equipment manufacturers (OEM) of mobile
devices and computers to make diagnostic and repair information for
electronic parts and equipment sold or used in this state after January
1, 2019 available to consumers and independent repair providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Titled "Mobile Devices and Computer Fair Repair Act".

Section 2. Adds a new § 399-nn of the General Business Law.

1. Definitions.

2. Requires OEMs of mobile devices and computers and parts sold or used
in New York in and after 2020 to make diagnostic and repair information,
parts and tools available for purchase by consumer owners and independ-
ent repair providers of such products. The OEMs shall make available for
purchase the diagnostics, tools, parts and software patches necessary to
effectuate repair to consumers and independent repair providers on fair
and reasonable terms for purposes of repair.

3. Directs the Attorney General to enforce the provisions of this act by
enjoining and restraining the continuance of a violation and to assess
civil penalties.

4. Nothing in this act requires an OEM or authorized repair provider to
divulge a trade secret. The act does not affect current agreements
between manufacturers and authorized repair providers that do not
attempt to waive, avoid, restrict or limit an OEM's compliance with the
provisions of this act. Nor does the act compel an OEM or authorized
repair provider to provide to an owner or independent repair provider
access to information, other than documentation, that is provided by the
OEM to an authorized repair provider.

5. Effective Date

 
JUSTIFICATION:

This bill will protect consumers of mobile device and computer from the
monopolistic repair practices by manufacturers. Consumers need to be
restored options to repair their consumer electronics. Repair is normal,
legal, and necessary to keep our homes and businesses running. The more
technology equipment enters our lives - the more essential it has become
that repair options keep pace.

Without widespread access to repair, consumers of phones, tablets,
computers and other electronic device continue to be frustrated and
inclined to do what manufacturers want them to do-toss their gadgets and
replace them with new ones. This is costly to consumers directly,
destroys the value of used equipment and is exploding the volume of
electronic waste in our communities. Limitations on repair also create
perverse incentives for manufacturers to build the least durable
products possible.

Currently, repairs of digital items are intentionally limited by the
manufacturer. Manufacturers will require consumers to pay for repair
services through their repair division or manufacturer-authorized repair
providers. The practices by manufacturers essentially create a monopoly
on these repair services. These limited authorized channels result in
inflated, high repair prices and high turnover of electronic items.

The significant amount of electronic waste created by the inability to
affordably repair broken electronics is a concern to everyone, including
municipalities and taxpayers. Lack of competition in the digital repair
industry creates high costs for consumers, businesses, and government
operations and the early retirement of equipment with a remaining useful
life. This bill will open the digital repair market to competition and
all its benefits.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This law shall take effect on January 1, 2020.

S710 (ACTIVE) - Bill Text download pdf


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

                                   710

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. BOYLE, GALLIVAN -- 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
  mobile devices and  computers  and  providing  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 "mobile device and computer fair repair act".
  §  2. The general business law is amended by adding a new section 399-
nn to read as follows:
  § 399-NN. SALE AND REPAIR OF MOBILE DEVICES AND  COMPUTERS.  1.  DEFI-
NITIONS.  FOR  THE  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "MOBILE DEVICE" MEANS ANY  HAND-HELD  MOBILE  TELEPHONE,  PERSONAL
DIGITAL  ASSISTANT  (PDA),  HAND-HELD  DEVICE  WITH  MOBILE DATA ACCESS,
LAPTOP COMPUTER, PAGER, BROADBAND PERSONAL COMMUNICATION DEVICE, TWO-WAY
MESSAGING DEVICE, OR PORTABLE COMPUTING DEVICE.
  (B) "COMPUTER" MEANS AN ELECTRONIC, MAGNETIC,  OPTICAL,  ELECTROCHEMI-
CAL,  OR  OTHER  HIGH-SPEED  DATA  PROCESSING DEVICE PERFORMING LOGICAL,
ARITHMETIC, OR STORAGE FUNCTIONS, AND INCLUDES ANY DATA STORAGE FACILITY
OR COMMUNICATIONS FACILITY DIRECTLY RELATED TO OR OPERATING IN  CONJUNC-
TION WITH SUCH DEVICE, BUT SUCH TERM DOES NOT INCLUDE AN AUTOMATED TYPE-
WRITER  OR  TYPESETTER, A PORTABLE HANDHELD CALCULATOR, OR OTHER SIMILAR
DEVICE.
  (C) "AUTHORIZED REPAIR PROVIDER" MEANS AN INDIVIDUAL OR  BUSINESS  WHO
IS  UNAFFILIATED  WITH AN ORIGINAL EQUIPMENT MANUFACTURER AND WHO HAS AN
ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER, FOR A DEFINITE  OR
INDEFINITE  PERIOD,  UNDER  WHICH  THE  ORIGINAL  EQUIPMENT MANUFACTURER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04576-01-9

S. 710                              2

GRANTS TO THE INDIVIDUAL OR BUSINESS A LICENSE  TO  USE  A  TRADE  NAME,
SERVICE MARK, OR OTHER PROPRIETARY IDENTIFIER FOR THE PURPOSES OF OFFER-
ING  THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF MOBILE DEVICES
OR  COMPUTERS  UNDER THE NAME OF THE ORIGINAL EQUIPMENT MANUFACTURER, OR
OTHER ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER TO OFFER SUCH
SERVICES ON BEHALF OF THE ORIGINAL EQUIPMENT MANUFACTURER.  AN  ORIGINAL
EQUIPMENT  MANUFACTURER  WHO  OFFERS  THE SERVICES OF DIAGNOSIS, MAINTE-
NANCE, OR REPAIR OF ITS OWN MOBILE DEVICE OR COMPUTER, AND WHO DOES  NOT
HAVE  AN  ARRANGEMENT DESCRIBED IN THIS SUBDIVISION WITH AN UNAFFILIATED
INDIVIDUAL OR BUSINESS, SHALL BE CONSIDERED AN AUTHORIZED REPAIR PROVID-
ER WITH RESPECT TO SUCH MOBILE DEVICES OR COMPUTERS.
  (D) "DOCUMENTATION"  MEANS  ANY  MANUAL,  DIAGRAM,  REPORTING  OUTPUT,
SERVICE  CODE DESCRIPTION, SCHEMATIC DIAGRAM, OR SIMILAR KINDS OF INFOR-
MATION PROVIDED TO AN AUTHORIZED REPAIR PROVIDER  FOR  PURPOSES  OF  ITS
EFFECTING  THE  SERVICES  OF  DIAGNOSIS,  MAINTENANCE,  OR REPAIR OF THE
MOBILE DEVICE OR COMPUTER.
  (E) "EMBEDDED SOFTWARE" MEANS ANY PROGRAMMABLE  INSTRUCTIONS  PROVIDED
ON FIRMWARE DELIVERED WITH THE MOBILE DEVICE OR COMPUTER, OR WITH A PART
FOR  SUCH  MOBILE  DEVICE  OR COMPUTER, FOR PURPOSES OF MOBILE DEVICE OR
COMPUTER OPERATION, INCLUDING ALL RELEVANT PATCHES AND FIXES MADE BY THE
MANUFACTURER OF SUCH  MOBILE  DEVICE  OR  COMPUTER  OR  PART  FOR  THESE
PURPOSES.
  (F)  "FAIR  AND  REASONABLE  TERMS"  FOR  OBTAINING  A PART OR TOOL OR
DOCUMENTATION MEANS AT COSTS AND TERMS, INCLUDING CONVENIENCE OF  DELIV-
ERY,  AND  INCLUDING RIGHTS OF USE, EQUIVALENT TO WHAT IS OFFERED BY THE
ORIGINAL EQUIPMENT MANUFACTURER TO AN AUTHORIZED REPAIR PROVIDER,  USING
THE NET COSTS THAT WOULD BE INCURRED BY AN AUTHORIZED REPAIR PROVIDER IN
OBTAINING  AN EQUIVALENT PART OR TOOL OR DOCUMENTATION FROM THE ORIGINAL
EQUIPMENT MANUFACTURER, ACCOUNTING FOR ANY DISCOUNTS, REBATES, OR  OTHER
INCENTIVE  PROGRAMS  IN ARRIVING AT THE ACTUAL NET COSTS. FOR DOCUMENTA-
TION, INCLUDING ANY RELEVANT UPDATES, "FAIR AND REASONABLE TERMS"  MEANS
AT  NO CHARGE, EXCEPT THAT, WHEN THE DOCUMENTATION IS REQUESTED IN PHYS-
ICAL PRINTED FORM, A CHARGE MAY BE INCLUDED FOR  THE  REASONABLE  ACTUAL
COSTS OF PREPARING AND SENDING THE COPY.
  (G)  "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF INSTRUCTIONS
PROGRAMMED ON THE MOBILE DEVICE OR COMPUTER,  OR  ON  A  PART  FOR  SUCH
MOBILE  DEVICES  OR COMPUTERS, TO ALLOW THE MOBILE DEVICE OR COMPUTER OR
PART TO COMMUNICATE WITH  OTHER  COMPONENTS  OF  THE  MOBILE  DEVICE  OR
COMPUTER.
  (H)  "INDEPENDENT  REPAIR  PROVIDER"  MEANS  AN INDIVIDUAL OR BUSINESS
OPERATING IN THIS STATE, WHO DOES NOT HAVE AN ARRANGEMENT  DESCRIBED  IN
PARAGRAPH (C) OF THIS SUBDIVISION WITH AN ORIGINAL EQUIPMENT MANUFACTUR-
ER,  AND  WHO  IS NOT AFFILIATED WITH ANY INDIVIDUAL OR BUSINESS WHO HAS
SUCH AN ARRANGEMENT, AND WHO IS ENGAGED IN THE  SERVICES  OF  DIAGNOSIS,
MAINTENANCE,  OR  REPAIR  OF  MOBILE  DEVICE OR COMPUTER, EXCEPT THAT AN
ORIGINAL EQUIPMENT MANUFACTURER OR, WITH RESPECT TO THAT ORIGINAL EQUIP-
MENT MANUFACTURER, AN INDIVIDUAL OR BUSINESS WHO HAS SUCH AN ARRANGEMENT
WITH THAT ORIGINAL EQUIPMENT MANUFACTURER, OR WHO IS AFFILIATED WITH  AN
INDIVIDUAL  OR  BUSINESS  WHO HAS SUCH AN ARRANGEMENT WITH THAT ORIGINAL
EQUIPMENT  MANUFACTURER,  SHALL  BE  CONSIDERED  AN  INDEPENDENT  REPAIR
PROVIDER  FOR  PURPOSES  OF  THOSE  INSTANCES IN WHICH IT ENGAGES IN THE
SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF THE  MOBILE  DEVICE  OR
COMPUTER  THAT  IS  NOT  MANUFACTURED  BY OR SOLD UNDER THE NAME OF THAT
ORIGINAL EQUIPMENT MANUFACTURER.

S. 710                              3

  (I) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS A BUSINESS ENGAGED IN  THE
BUSINESS  OF SELLING OR LEASING NEW MOBILE DEVICES OR COMPUTERS MANUFAC-
TURED BY OR ON BEHALF OF ITSELF, TO ANY INDIVIDUAL OR BUSINESS.
  (J)  "OWNER" MEANS AN INDIVIDUAL OR BUSINESS WHO OWNS OR LEASES MOBILE
DEVICES OR COMPUTERS PURCHASED OR USED IN THIS STATE.
  (K) "PART" MEANS ANY REPLACEMENT PART, EITHER NEW OR USED, MADE AVAIL-
ABLE BY AN ORIGINAL EQUIPMENT MANUFACTURER FOR PURPOSES OF EFFECTING THE
SERVICES OF MAINTENANCE OR REPAIR OF MOBILE DEVICES OR  COMPUTERS  MANU-
FACTURED OR SOLD BY THE ORIGINAL EQUIPMENT MANUFACTURER.
  2.  REQUIREMENTS.  (A)  FOR MOBILE DEVICES OR COMPUTERS, AND PARTS FOR
SUCH MOBILE DEVICES OR  COMPUTERS,  SOLD  OR  USED  IN  THIS  STATE,  AN
ORIGINAL  EQUIPMENT  MANUFACTURER  SHALL MAKE AVAILABLE, FOR PURPOSES OF
DIAGNOSIS, MAINTENANCE, OR REPAIR, TO ANY INDEPENDENT  REPAIR  PROVIDER,
OR  TO  THE OWNER OF THE MOBILE DEVICE OR COMPUTER MANUFACTURED BY OR ON
BEHALF OF, OR SOLD BY, THE ORIGINAL EQUIPMENT MANUFACTURER, ON FAIR  AND
REASONABLE  TERMS,  DOCUMENTATION,  PARTS,  AND  TOOLS, INCLUSIVE OF ANY
UPDATES TO INFORMATION OR EMBEDDED SOFTWARE.  NOTHING  IN  THIS  SECTION
REQUIRES  AN ORIGINAL EQUIPMENT MANUFACTURER TO MAKE AVAILABLE A PART IF
THE PART IS NO LONGER AVAILABLE TO THE ORIGINAL EQUIPMENT MANUFACTURER.
  (B) FOR MOBILE DEVICES OR COMPUTERS THAT CONTAIN AN ELECTRONIC SECURI-
TY LOCK OR  OTHER  SECURITY-RELATED  FUNCTION,  THE  ORIGINAL  EQUIPMENT
MANUFACTURER SHALL MAKE AVAILABLE TO THE OWNER AND TO INDEPENDENT REPAIR
PROVIDERS,  ON  FAIR  AND  REASONABLE  TERMS, ANY SPECIAL DOCUMENTATION,
TOOLS, AND PARTS NEEDED TO RESET THE LOCK OR FUNCTION WHEN  DISABLED  IN
THE  COURSE OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF THE MOBILE DEVICE OR
COMPUTER. SUCH DOCUMENTATION, TOOLS, AND PARTS  MAY  BE  MADE  AVAILABLE
THROUGH APPROPRIATE SECURE RELEASE SYSTEMS.
  3.  ENFORCEMENT  BY  ATTORNEY  GENERAL.  WHENEVER  THERE  SHALL  BE  A
VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE  BY  THE  ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
JUSTICE  HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNC-
TION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN  FIVE  DAYS,  TO
ENJOIN  AND  RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL
APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT
HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE  ALLOWANCES
TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A)
OF SECTION EIGHTY-THREE HUNDRED THREE OF  THE  CIVIL  PRACTICE  LAW  AND
RULES,  AND DIRECT RESTITUTION.  WHENEVER THE COURT SHALL DETERMINE THAT
A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE  A  CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION RESULT-
ING  FROM A SINGLE ACT OR INCIDENT. IN CONNECTION WITH ANY SUCH PROPOSED
APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENA IN  ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  4.  LIMITATIONS.  (A)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO
REQUIRE AN ORIGINAL EQUIPMENT MANUFACTURER TO DIVULGE A TRADE SECRET  TO
AN OWNER OR AN INDEPENDENT SERVICE PROVIDER.
  (B) NO PROVISION IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE TERMS
OF ANY ARRANGEMENT DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION  IN  FORCE BETWEEN AN AUTHORIZED REPAIR PROVIDER AND AN ORIGINAL
EQUIPMENT MANUFACTURER, INCLUDING, BUT NOT LIMITED TO,  THE  PERFORMANCE
OR  PROVISION  OF WARRANTY OR RECALL REPAIR WORK BY AN AUTHORIZED REPAIR
PROVIDER ON BEHALF OF AN ORIGINAL  EQUIPMENT  MANUFACTURER  PURSUANT  TO

S. 710                              4

SUCH  ARRANGEMENT, EXCEPT THAT ANY PROVISION IN SUCH TERMS THAT PURPORTS
TO WAIVE, AVOID, RESTRICT, OR LIMIT THE ORIGINAL  EQUIPMENT  MANUFACTUR-
ER'S  OBLIGATIONS  TO  COMPLY  WITH THIS SECTION SHALL BE VOID AND UNEN-
FORCEABLE.
  (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ORIGINAL
EQUIPMENT MANUFACTURER OR AN AUTHORIZED REPAIR PROVIDER TO PROVIDE TO AN
OWNER OR INDEPENDENT REPAIR PROVIDER ACCESS TO INFORMATION,  OTHER  THAN
DOCUMENTATION,  THAT  IS PROVIDED BY THE ORIGINAL EQUIPMENT MANUFACTURER
TO AN AUTHORIZED REPAIR PROVIDER PURSUANT TO THE TERMS OF AN ARRANGEMENT
DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION.
  5. APPLICABILITY. THIS SECTION APPLIES WITH RESPECT TO MOBILE  DEVICES
OR  COMPUTERS  SOLD  OR  IN  USE  ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  § 3. This act shall take effect January 1, 2020.

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The New York State Senate

senate Bill S710

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Your Voice

Actions

Co-Sponsors

S710 (ACTIVE) - Details

S710 (ACTIVE) - Summary

S710 (ACTIVE) - Sponsor Memo

S710 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S710

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Your Voice

Actions

Co-Sponsors

Joseph P. Addabbo Jr

Patrick M. Gallivan

Jessica Ramos

S710 (ACTIVE) - Details

S710 (ACTIVE) - Summary

S710 (ACTIVE) - Sponsor Memo

S710 (ACTIVE) - Bill Text download pdf

Comments