senate Bill S149

2021-2022 Legislative Session

Establishes the right to repair 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to consumer protection

S149 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S6033

S149 (ACTIVE) - Summary

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

S149 (ACTIVE) - Sponsor Memo

S149 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    149
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 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 act".
   § 2. The general business law is amended by adding a new section 198-d
 to read as follows:
   §  198-D. RIGHT OF CONSUMERS TO DIAGNOSE, SERVICE, MAINTAIN AND REPAIR
 MOTOR VEHICLES. (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
 SYNONYMS  FOR  "BASIC  INTERNAL  OPERATING  SYSTEM", "INTERNAL OPERATING
 SYSTEM", "MACHINE CODE", "ASSEMBLY CODE", "ROOT CODE", AND "MICROCODE".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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