senate Bill S4104

2021-2022 Legislative Session

Enacts the digital fair 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2021 referred to consumer protection

Co-Sponsors

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S4104 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S6309

S4104 (ACTIVE) - Summary

Relates to the sale of digital electronic equipment; requires original equipment manufacturers to provide diagnostic and repair information.

S4104 (ACTIVE) - Sponsor Memo

S4104 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4104
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  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 "digital 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)  "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
 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  DIGITAL  ELEC-
 TRONIC  EQUIPMENT 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,
 MAINTENANCE,  OR REPAIR OF ITS OWN DIGITAL ELECTRONIC EQUIPMENT, AND WHO
 DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN THIS SUBDIVISION WITH AN UNAF-
 FILIATED INDIVIDUAL OR  BUSINESS,  SHALL  BE  CONSIDERED  AN  AUTHORIZED
 REPAIR PROVIDER WITH RESPECT TO SUCH EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06580-01-1

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