NY State Senate Bill S4104

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2022	approval memo.93 signed chap.810
Dec 16, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.533 substituted for a7006b
Jun 01, 2022	referred to codes delivered to assembly passed senate ordered to third reading cal.1748 committee discharged and committed to rules
May 27, 2022	print number 4104a
May 27, 2022	amend and recommit to consumer protection
Jan 05, 2022	referred to consumer protection returned to senate died in assembly
Jun 10, 2021	referred to ways and means delivered to assembly passed senate
Jun 02, 2021	ordered to third reading cal.1443 committee discharged and committed to rules
Feb 02, 2021	referred to consumer protection

Votes

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Co-Sponsors

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S4104 - Details

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

S4104 - Summary

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

S4104 - Sponsor Memo

 
BILL NUMBER: S4104

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
digital electronic equipment and providing diagnostic and repair infor-
mation

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill require original equipment manufacturers (OEM) to make diag-
nostic and repair information for digital electronic parts and equipment
available to independent repair providers and consumers if such parts
and repair information are also available to OEM authorized repair
providers.

 
SUMMARY OF PROVISIONS:

Section 1. Titled "Digital Fair Repair Act"

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

1. Definitions

2. Requires OEMs to make available, for purposes of diagnosis, mainte-
nance, or repair, to any independent repair provider, or to the owner of
digital electronic equipment manufactured by or on behalf of, or sold
by, the OEM, on fair and reasonable terms, documentation, parts, and
tools, inclusive of any updates to information or embedded software.
Nothing in this section requires an OEM to make available a part if the
part is no longer available to the OEM.  For equipment that contains an
electronic security lock or other security-related function, the OEM
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 equipment. Such documenta-
tion, tools, and parts may be made available through appropriate secure
release systems.

3. Does not require an OEM to divulge a trade secret to an owner or an
independent service provider. Does not alter the terms of any arrange-
ment between and OEM and authorized repair provider. Does not require an
OEM of a medical device to comply with any provision that is not permit-
ted under federal law.

4. Excludes motor vehicle manufacturers, manufacturer of motor vehicle
equipment, or motor vehicle dealers and medical devices or a digital
electronic product or embedded software found in medical settings.

5. Provides for enforcement by the Attorney General. Limits the civil
penalty to $500 per violation.

Section 3. Applicability. This act applies with respect to equipment
sold or in use on or after the effective date of this act.

Section 4. Effective date. This act shall take effect on the one hundred
and twentieth day after it shall have become a law.

 
JUSTIFICATION:

This bill will protect consumers from the monopolistic practices of
digital electronics manufacturers. This legislation will require
manufacturers to make non-trade secret diagnostic and repair information
available for sale third party repairers. Nothing prevents third party
repairers from being technically competent to complete digital repairs
other than the lack of information being withheld by manufacturers.

In too many instances, repairs of digital items are intentionally limit-
ed by the manufacturer. Manufacturers will require consumers to pay for
repair services exclusively through their repair division or manufactur-
er-authorized repair providers. The practices by manufacturers essen-
tially create a monopoly on these repair services.

These limited authorized channels result in inflated, high repair pric-
es, poor service or non-existent service in rural areas and unnecessar-
ily high turnover rates for electronic products.  Another concern is the
significant amount of electronic waste created by the inability to
affordably repair broken electronics. Lack of competition in the digital
repair industry creates high costs for consumers, businesses, and
government operations, limits used equipment markets and results in the
early retirement of equipment with a remaining useful life. This bill
will open the digital repair market up to competition and all its
consumer, entrepreneurial and environmental benefits.

 
PRIOR LEGISLATIVE HISTORY:

2019-20 S.6309, Referred to Consumer Protection Formerly A-8192
(Morelle) of

2017-18, Died in Consumer Protection Committee.  Formerly A-6068
(Morelle) of

2015-16: Died in Consumer Protection Committee.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation will have no fiscal implications for the State.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it becomes law.

S4104 - 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

 S. 4104                             2
 
   (B)  "DIGITAL  ELECTRONIC  EQUIPMENT" OR "EQUIPMENT" MEANS ANY PRODUCT
 THAT DEPENDS FOR ITS FUNCTIONING, IN WHOLE OR IN PART, ON DIGITAL  ELEC-
 TRONICS EMBEDDED IN OR ATTACHED TO THE PRODUCT.
   (C)  "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  DIGITAL
 ELECTRONIC EQUIPMENT.
   (D)  "EMBEDDED  SOFTWARE" MEANS ANY PROGRAMMABLE INSTRUCTIONS PROVIDED
 ON FIRMWARE DELIVERED WITH DIGITAL ELECTRONIC EQUIPMENT, OR WITH A  PART
 FOR  SUCH  EQUIPMENT, FOR PURPOSES OF EQUIPMENT OPERATION, INCLUDING ALL
 RELEVANT PATCHES AND FIXES MADE BY THE MANUFACTURER OF SUCH EQUIPMENT OR
 PART FOR THESE PURPOSES.
   (E) "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.
   (F) "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF  INSTRUCTIONS
 PROGRAMMED ON DIGITAL ELECTRONIC EQUIPMENT, OR ON A PART FOR SUCH EQUIP-
 MENT,  TO ALLOW THE EQUIPMENT OR PART TO COMMUNICATE WITH OTHER COMPUTER
 HARDWARE.
   (G) "INDEPENDENT REPAIR PROVIDER"  MEANS  AN  INDIVIDUAL  OR  BUSINESS
 OPERATING  IN  THIS STATE, WHO DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN
 PARAGRAPH (A) 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 DIGITAL ELECTRONIC EQUIPMENT, 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 DIGITAL ELECTRONIC
 EQUIPMENT THAT IS NOT MANUFACTURED BY OR SOLD UNDER  THE  NAME  OF  THAT
 ORIGINAL EQUIPMENT MANUFACTURER.
   (H) "MANUFACTURER OF MOTOR VEHICLE EQUIPMENT" MEANS A BUSINESS ENGAGED
 IN  THE  BUSINESS OF MANUFACTURING OR SUPPLYING COMPONENTS THAT ARE USED
 IN THE MANUFACTURE, MAINTENANCE, OR REPAIR OF A MOTOR VEHICLE.
   (I)  "MEDICAL  DEVICE"  MEANS  AN  INSTRUMENT,  APPARATUS,  IMPLEMENT,
 MACHINE,  CONTRIVANCE,  IMPLANT,  OR  OTHER  SIMILAR OR RELATED ARTICLE,
 INCLUDING A COMPONENT PART, OR ACCESSORY,  AS  DEFINED  IN  THE  FEDERAL
 FOOD,  DRUG  AND  COSMETIC  ACT, 21 USC, SECTION 321 (H) AS AMENDED FROM
 TIME TO TIME, WHICH IS INTENDED FOR USE IN THE DIAGNOSIS OF  DISEASE  OR
 OTHER  CONDITIONS,  OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION
 OF DISEASE, IN MAN OR OTHER ANIMALS.
   (J) "MOTOR VEHICLE" MEANS A VEHICLE THAT IS DESIGNED FOR  TRANSPORTING
 PERSONS  OR  PROPERTY  ON  A  STREET  OR HIGHWAY AND IS CERTIFIED BY THE

 S. 4104                             3
 
 MANUFACTURER UNDER ALL APPLICABLE FEDERAL SAFETY AND EMISSIONS STANDARDS
 AND REQUIREMENTS FOR DISTRIBUTION AND SALE IN THE UNITED  STATES.  MOTOR
 VEHICLE  DOES NOT INCLUDE: (1) A MOTORCYCLE; OR (2) A RECREATIONAL VEHI-
 CLE OR AN AUTO HOME EQUIPPED FOR HABITATION.
   (K) "MOTOR VEHICLE DEALER" MEANS AN INDIVIDUAL OR BUSINESS WHO, IN THE
 ORDINARY  COURSE  OF  BUSINESS, IS ENGAGED IN THE BUSINESS OF SELLING OR
 LEASING NEW MOTOR VEHICLES TO AN INDIVIDUAL OR BUSINESS  PURSUANT  TO  A
 FRANCHISE  AGREEMENT, HAS OBTAINED A LICENSE UNDER THE VEHICLE AND TRAF-
 FIC LAW, AND IS ENGAGED IN THE SERVICES OF  DIAGNOSIS,  MAINTENANCE,  OR
 REPAIR OF MOTOR VEHICLES OR MOTOR VEHICLE ENGINES PURSUANT TO SUCH FRAN-
 CHISE AGREEMENT.
   (L) "MOTOR VEHICLE MANUFACTURER" MEANS A BUSINESS ENGAGED IN THE MANU-
 FACTURING OR ASSEMBLING OF NEW MOTOR VEHICLES.
   (M)  "ORIGINAL EQUIPMENT MANUFACTURER" MEANS A BUSINESS ENGAGED IN THE
 BUSINESS OF SELLING OR LEASING NEW DIGITAL ELECTRONIC EQUIPMENT MANUFAC-
 TURED BY OR ON BEHALF OF ITSELF, TO ANY INDIVIDUAL OR BUSINESS.
   (N) "OWNER" MEANS AN INDIVIDUAL OR BUSINESS WHO OWNS OR LEASES DIGITAL
 ELECTRONIC EQUIPMENT PURCHASED OR USED IN THIS STATE.
   (O) "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 DIGITAL ELECTRONIC EQUIPMENT  MANU-
 FACTURED OR SOLD BY THE ORIGINAL EQUIPMENT MANUFACTURER.
   2.  REQUIREMENTS.  (A) FOR DIGITAL ELECTRONIC EQUIPMENT, AND PARTS FOR
 SUCH EQUIPMENT, SOLD OR  USED  IN  THIS  STATE,  AN  ORIGINAL  EQUIPMENT
 MANUFACTURER  SHALL  MAKE  AVAILABLE, FOR PURPOSES OF DIAGNOSIS, MAINTE-
 NANCE, OR REPAIR, TO ANY INDEPENDENT REPAIR PROVIDER, OR TO THE OWNER OF
 DIGITAL ELECTRONIC EQUIPMENT 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  EQUIPMENT THAT CONTAINS AN ELECTRONIC SECURITY 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 EQUIPMENT.  SUCH DOCUMENTATION, TOOLS, AND
 PARTS MAY BE MADE AVAILABLE THROUGH APPROPRIATE SECURE RELEASE SYSTEMS.
   3. 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 (A) 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
 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

 S. 4104                             4
 
 TO AN AUTHORIZED REPAIR PROVIDER PURSUANT TO THE TERMS OF AN ARRANGEMENT
 DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   4. EXCLUSIONS. NOTHING IN THIS SECTION SHALL APPLY TO:
   (A) A MOTOR VEHICLE MANUFACTURER, MANUFACTURER OF MOTOR VEHICLE EQUIP-
 MENT, OR MOTOR VEHICLE DEALER ACTING IN SUCH CAPACITY, OR TO ANY PRODUCT
 OR  SERVICE OF A MOTOR VEHICLE MANUFACTURER, MANUFACTURER OF MOTOR VEHI-
 CLE EQUIPMENT, OR MOTOR VEHICLE DEALER ACTING IN SUCH CAPACITY.
   (B) A MEDICAL DEVICE, AS DEFINED IN THIS SECTION, OR A  DIGITAL  ELEC-
 TRONIC PRODUCT OR EMBEDDED SOFTWARE FOUND IN A MEDICAL SETTING INCLUDING
 DIAGNOSTIC,  MONITORING,  OR CONTROL EQUIPMENT OR ANY PRODUCT OR SERVICE
 THAT THEY OFFER.
   5. ENFORCEMENT BY ATTORNEY GENERAL. (A) WHENEVER THE ATTORNEY  GENERAL
 SHALL  BELIEVE FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT ANY PERSON,
 FIRM, CORPORATION OR  ASSOCIATION  OR  AGENT  OR  EMPLOYEE  THEREOF  HAS
 ENGAGED  IN  OR  IS  ABOUT  TO ENGAGE IN ANY OF THE ACTS OR PRACTICES IN
 VIOLATION OF THIS SECTION HE OR SHE MAY BRING A PROCEEDING IN  THE  NAME
 AND  ON  BEHALF  OF  THE  PEOPLE OF THE STATE OF NEW YORK TO ENJOIN SUCH
 UNLAWFUL ACTS OR PRACTICES AND TO OBTAIN RESTITUTION OF  ANY  MONEYS  OR
 PROPERTY  OBTAINED  DIRECTLY OR INDIRECTLY BY ANY SUCH ACTS OR PRACTICES
 IN VIOLATION OF THIS SECTION. IN SUCH PROCEEDING PRELIMINARY RELIEF  MAY
 BE  GRANTED  UNDER  ARTICLE  SIXTY-THREE  OF  THE CIVIL PRACTICE LAW AND
 RULES.
   (B) EXCEPT AS PROVIDED HEREIN, BEFORE ANY VIOLATION OF THIS SECTION IS
 SOUGHT TO BE ENJOINED,  THE  ATTORNEY  GENERAL  SHALL  GIVE  THE  PERSON
 AGAINST  WHOM  SUCH PROCEEDING IS CONTEMPLATED NOTICE AND AN OPPORTUNITY
 TO SHOW IN WRITING, WITHIN FIVE BUSINESS DAYS AFTER THE DELIVERY OF SUCH
 NOTICE, WHY A PROCEEDING SHOULD NOT BE INSTITUTED AGAINST  SUCH  PERSON.
 SUCH NOTICE BY THE ATTORNEY GENERAL SHALL BE DELIVERED BY CERTIFIED MAIL
 AND  BY FIRST-CLASS MAIL WITH PROOF OF MAILING. IN A PROCEEDING IN WHICH
 THE ATTORNEY GENERAL SEEKS PRELIMINARY RELIEF, SUCH NOTICE SHALL NOT  BE
 REQUIRED  UPON A FINDING BY THE ATTORNEY GENERAL THAT SUCH NOTICE IS NOT
 IN THE PUBLIC INTEREST.
   (C) IN CONNECTION WITH ANY PROPOSED PROCEEDING UNDER THIS SECTION, THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL
 PRACTICE LAW AND RULES.
   (D)  THIS SUBDIVISION SHALL APPLY TO ALL ACTS OR PRACTICES DECLARED TO
 BE IN VIOLATION OF THIS SECTION, WHETHER OR NOT SUBJECT TO ANY OTHER LAW
 OF THIS STATE, AND SHALL NOT SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF
 THIS STATE UNDER WHICH THE ATTORNEY GENERAL IS AUTHORIZED  TO  TAKE  ANY
 ACTION OR CONDUCT ANY INQUIRY.
   (E)  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE
 THEREOF WHO ENGAGES IN ANY OF THE ACTS OR PRACTICES IN VIOLATION OF THIS
 SECTION SHALL BE LIABLE TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
 DOLLARS FOR EACH VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW  YORK
 AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
   (F)  EXCEPT  IN  THE INSTANCE OF A DISPUTE ARISING BETWEEN AN ORIGINAL
 EQUIPMENT MANUFACTURER AND ITS AUTHORIZED  REPAIR  PROVIDER  RELATED  TO
 EITHER  PARTY'S COMPLIANCE WITH AN EXISTING AUTHORIZED REPAIR AGREEMENT,
 AN AUTHORIZED REPAIR PROVIDER SHALL HAVE ALL  THE  RIGHTS  AND  REMEDIES
 PROVIDED IN THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall apply with respect to equipment
 sold or in use on or after such date.

Co-Sponsors

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S4104A (ACTIVE) - Details

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

S4104A (ACTIVE) - Summary

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

S4104A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4104A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
digital electronic equipment and providing diagnostic and repair infor-
mation

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires original equipment manufacturers (OEM) to make diag-
nostic and repair information for digital electronic parts and equipment
available to independent repair providers and consumers if such parts
and repair information are also available to OEM authorized repair
providers.

 
SUMMARY OF PROVISIONS:

Section 1. Titled "Digital Fair Repair Act"

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

1. Definitions

2. Requires OEMs to make available, for purposes of diagnosis, mainte-
nance, or repair, to any independent repair provider, or to the owner of
digital electronic equipment manufactured by or on behalf of, or sold
by, the OEM, on fair and reasonable terms, documentation, parts, and
tools, inclusive of any updates to information. Nothing in this section
requires an OEM to make available a part if the part is no longer avail-
able to the OEM. For equipment that contains an electronic security lock
or other security-related function, the OEM shall make available to the
owner and to independent repair providers, on fair and reasonable terms,
any special documentation, tools, and parts needed to access and reset
the lock or function when disabled in the course of diagnosis, mainte-
nance, or repair of the equipment. Such documentation, tools, and parts
may be made available through appropriate secure release systems.

3. Provides for limitations to the requirements. This section does not
require an OEM to divulge a trade secret to an owner or an independent
service provider; or alter the terms of any arrangement between an OEM
and authorized repair provider. It does not require on OEM or authorized
repair provider to make available parts, tools, or documentation for
making modifications to digital electronic equipment. It also does not
require an OEM or authorized repair provider to make available parts,
tools, or documentation for

*certain public safety communications equipment used for emergency
response or prevention.

*any digital electronic equipment whose diagnosis, maintenance, or
repair would be inconsistent with or in violation of federal law.

*diagnosis, maintenance, or repair of any home appliance with a digital
electronic product embedded within it.

4. Provides for specific exclusions from the provisions of the bill
including, but not limited to, the following products:
*motor vehicles and motor vehicle equipment;

*medical devices; and

*off road equipment including, but not limited to, farm and utility,
forestry, industrial, construction, and mining equipment.

5. Provides that no original equipment manufacturer or authorized repair
provider shall be liable for any damage or injury caused to digital
electronic equipment by an independent repair provider or owner which
occurs during the course of repair, diagnosis, maintenance, or modifica-
tion, including but not limited to indirect, incidental, special or
consequential damages; any loss of data, privacy or profits; or any
inability to use, or reduced functionality of, the digital electronic
equipment.

6. Provides for enforcement by the'Attorney General.

Section 3. Effective date. This act shall take effect one year after it
shall have become a law.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

This version makes technical clarifications to the bill, including
providing that the requirements will apply to products with a value over
ten dollars, adjusted annually based on the consumer price index. Anoth-
er adds that nothing in the section will require that an OEM or author-
ized repair provider make available any parts, tools or documentation if
the intended use is for making modifications to digital electronic
equipment. Others provide that nothing in the section will require an
OEM or authorized repair provider to make available parts, tools or
documentation for 1) public safety communications equipment used for
emergency response or prevention purposes by an emergency service organ-
ization, 2) where it may be in violation of federal law such as with
gaming and entertainment consoles, related software, and components, or
3) home appliances with digital electronics embedded within them.

Manufacturers, distributors, importers, or dealers of off-road equipment
are added to the exclusions, those to whom the requirements would not
apply.

Amendments also include extending the effective date of the bill from
120 days to one year after it shall have become a law.

 
JUSTIFICATION:

This bill will protect consumers from the monopolistic practices of
digital electronics manufacturers. This legislation will require
manufacturers to make non-trade secret diagnostic and repair information
available for sale third party repairers. Nothing prevents third party
repairers from being technically competent to complete digital repairs
other than the lack of information being withheld by manufacturers.

In too many instances, repairs of digital items are intentionally limit-
ed by the manufacturer. Manufacturers will require consumers to pay for
repair services exclusively through their repair division or manufactur-
er-authorized repair providers. The practices by manufacturers essen-
tially create a monopoly on these repair services.  These limited
authorized channels result in inflated, high repair prices, poor service
or non-existent service in rural areas and unnecessarily high turnover
rates for electronic products. Another concern is the significant amount
of electronic waste created by the inability to affordably repair broken
electronics. Lack of competition in the digital repair industry creates
high costs for consumers, businesses, and government operations, limits
used equipment markets and results in the early retirement of equipment
with a remaining useful life. This bill will open the digital repair
market up to competition and all its consumer, entrepreneurial and envi-
ronmental benefits.

 
PRIOR LEGISLATIVE HISTORY:

A7416-A of 2019-20 (Lupardo)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation will have no fiscal implications for the State.'

 
EFFECTIVE DATE:
This act shall take effect one year after it becomes law.

S4104A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4104--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  BRESLIN, THOMAS, BIAGGI, BRISPORT, BROUK, COMRIE,
   COONEY, GIANARIS, HINCHEY, HOYLMAN, MYRIE, REICHLIN-MELNICK,  SALAZAR,
   SKOUFIS  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Consumer Protection  --  recommitted  to
   the Committee on Consumer Protection in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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
 HAS AN ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER UNDER  WHICH
 THE ORIGINAL EQUIPMENT MANUFACTURER GRANTS TO THE INDIVIDUAL OR BUSINESS
 A  LICENSE TO USE A TRADE NAME, SERVICE MARK, OR OTHER PROPRIETARY IDEN-
 TIFIER FOR THE PURPOSES OF OFFERING THE SERVICES OF  DIAGNOSIS,  MAINTE-
 NANCE,  OR  REPAIR OF DIGITAL ELECTRONIC 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06580-12-2
 S. 4104--A                          2

 
 THIS  SUBDIVISION  WITH AN UNAFFILIATED INDIVIDUAL OR BUSINESS, SHALL BE
 CONSIDERED AN AUTHORIZED REPAIR PROVIDER WITH RESPECT TO SUCH EQUIPMENT.
   (B)  "DIGITAL  ELECTRONIC  EQUIPMENT" OR "EQUIPMENT" MEANS ANY PRODUCT
 WITH A VALUE OVER TEN DOLLARS, ADJUSTED ANNUALLY BY THE RATE  OF  CHANGE
 IN  THE  CONSUMER PRICE INDEX AS REPORTED BY THE BUREAU OF LABOR STATIS-
 TICS OF THE UNITED STATES DEPARTMENT OF  LABOR,  THAT  DEPENDS  FOR  ITS
 FUNCTIONING,  IN WHOLE OR IN PART, ON DIGITAL ELECTRONICS EMBEDDED IN OR
 ATTACHED TO THE PRODUCT.
   (C) "DOCUMENTATION"  MEANS  ANY  MANUAL,  DIAGRAM,  REPORTING  OUTPUT,
 SERVICE  CODE DESCRIPTION, SCHEMATIC DIAGRAM, SECURITY CODES, PASSWORDS,
 OR SIMILAR KINDS OF INFORMATION USED IN EFFECTING THE SERVICES OF  DIAG-
 NOSIS, MAINTENANCE, OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT.
   (D)  "FAIR  AND REASONABLE TERMS" MEANS MAKING AVAILABLE PARTS, TOOLS,
 OR DOCUMENTATION AS FOLLOWS:
   (I) WITH RESPECT TO DOCUMENTATION, THAT  SUCH  DOCUMENTATION  IS  MADE
 AVAILABLE  BY  THE  ORIGINAL EQUIPMENT MANUFACTURER AT NO CHARGE, EXCEPT
 THAT, WHEN THE DOCUMENTATION IS REQUESTED IN PHYSICAL  PRINTED  FORM,  A
 CHARGE  MAY BE INCLUDED FOR THE REASONABLE ACTUAL COSTS OF PREPARING AND
 SENDING THE COPY.
   (II) WITH RESPECT TO TOOLS, THAT SUCH TOOLS ARE MADE AVAILABLE BY  THE
 ORIGINAL  EQUIPMENT  MANUFACTURER  AT  NO  CHARGE  AND WITHOUT REQUIRING
 AUTHORIZATION OR INTERNET ACCESS FOR USE OR OPERATION OF SUCH  TOOL,  OR
 IMPOSING IMPEDIMENTS TO ACCESS OR USE OF THE TOOL TO DIAGNOSE, MAINTAIN,
 OR REPAIR AND ENABLE FULL FUNCTIONALITY OF DIGITAL ELECTRONIC EQUIPMENT,
 OR IN A MANNER THAT IMPAIRS THE EFFICIENT AND COST-EFFECTIVE PERFORMANCE
 OF  ANY  SUCH  DIAGNOSIS, MAINTENANCE, OR REPAIR, EXCEPT THAT, WHEN SUCH
 TOOL IS REQUESTED IN PHYSICAL FORM, A CHARGE MAY  BE  INCLUDED  FOR  THE
 REASONABLE, ACTUAL COSTS OF PREPARING AND SENDING SUCH TOOL.
   (III) WITH RESPECT TO PARTS, THAT SUCH PARTS ARE MADE AVAILABLE BY THE
 ORIGINAL  EQUIPMENT  MANUFACTURER, EITHER DIRECTLY OR THROUGH AN AUTHOR-
 IZED REPAIR PROVIDER, TO INDEPENDENT  REPAIR  PROVIDERS  AND  OWNERS  AT
 COSTS  AND  TERMS  THAT  ARE  EQUIVALENT TO THE MOST FAVORABLE COSTS AND
 TERMS UNDER WHICH AN ORIGINAL EQUIPMENT MANUFACTURER OFFERS THE PART  TO
 AN AUTHORIZED REPAIR PROVIDER AND WHICH:
   A.  ACCOUNTS  FOR ANY DISCOUNT, REBATE, CONVENIENT AND TIMELY MEANS OF
 DELIVERY, MEANS OF ENABLING FULLY RESTORED  AND  UPDATED  FUNCTIONALITY,
 RIGHTS  OF  USE, OR OTHER INCENTIVE OR PREFERENCE THE ORIGINAL EQUIPMENT
 MANUFACTURER OFFERS TO AN AUTHORIZED REPAIR PROVIDER, OR ANY  ADDITIONAL
 COST,  BURDEN, OR IMPEDIMENT THE ORIGINAL EQUIPMENT MANUFACTURER IMPOSES
 ON AN OWNER OR INDEPENDENT REPAIR PROVIDER;
   B. IS NOT CONDITIONED ON  OR  IMPOSING  A  SUBSTANTIAL  OBLIGATION  OR
 RESTRICTION  THAT  IS NOT REASONABLY NECESSARY FOR ENABLING THE OWNER OR
 INDEPENDENT REPAIR PROVIDER TO ENGAGE IN THE DIAGNOSIS, MAINTENANCE,  OR
 REPAIR  OF  DIGITAL  ELECTRONIC  EQUIPMENT  MADE  BY OR ON BEHALF OF THE
 ORIGINAL EQUIPMENT MANUFACTURER; AND
   C. IS NOT CONDITIONED ON AN ARRANGEMENT DESCRIBED IN PARAGRAPH (A)  OF
 THIS SUBDIVISION.
   (IV)  SUCH  PARTS, TOOLS, AND DOCUMENTATION SHALL BE MADE AVAILABLE TO
 AN AUTHORIZED REPAIR PROVIDER, AND SHALL FURTHER BE MADE AVAILABLE BY AN
 AUTHORIZED REPAIR PROVIDER TO ANY INDEPENDENT REPAIR PROVIDER OR  OWNER,
 PROVIDED THAT SUCH AUTHORIZED REPAIR PROVIDER IS CONTRACTUALLY AND PRAC-
 TICALLY  PERMITTED  BY  THE ORIGINAL EQUIPMENT MANUFACTURER TO SELL SUCH
 PARTS, TOOLS, AND DOCUMENTATION TO ANY INDEPENDENT  REPAIR  PROVIDER  OR
 OWNER,  AND  PROVIDED  FURTHER THAT SUCH ORIGINAL EQUIPMENT MANUFACTURER
 SHALL NOT:
 S. 4104--A                          3
 
   A. RETALIATE AGAINST OR HINDER THE ABILITY OF  ANY  AUTHORIZED  REPAIR
 PROVIDER  TO SELL SUCH PARTS, TOOLS, OR DOCUMENTATION THROUGH ANY MEANS,
 INCLUDING ADVERTISING RESTRICTIONS  OR  PRODUCT  ALLOCATION  LIMITATIONS
 UNRELATED TO LEGITIMATE PRODUCT SHORTAGES; OR
   B. CONDITION OR IMPOSE A SUBSTANTIAL OBLIGATION OR RESTRICTION THAT IS
 NOT  REASONABLY  NECESSARY  FOR ENABLING THE OWNER OR INDEPENDENT REPAIR
 PROVIDER TO ENGAGE IN THE DIAGNOSIS, MAINTENANCE, OR REPAIR  OF  DIGITAL
 ELECTRONIC  EQUIPMENT  MADE  BY  OR  ON BEHALF OF THE ORIGINAL EQUIPMENT
 MANUFACTURER.
   (E) "INDEPENDENT REPAIR PROVIDER"  MEANS  AN  INDIVIDUAL  OR  BUSINESS
 OPERATING  IN THIS STATE, THAT DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN
 PARAGRAPH (A) OF THIS SUBDIVISION WITH AN ORIGINAL EQUIPMENT MANUFACTUR-
 ER, AND WHO IS ENGAGED IN THE SERVICES  OF  DIAGNOSIS,  MAINTENANCE,  OR
 REPAIR OF DIGITAL ELECTRONIC EQUIPMENT.
   (F) "MANUFACTURER OF MOTOR VEHICLE EQUIPMENT" MEANS A BUSINESS ENGAGED
 IN  THE  BUSINESS OF MANUFACTURING OR SUPPLYING COMPONENTS THAT ARE USED
 IN THE MANUFACTURE, MAINTENANCE, OR REPAIR OF A MOTOR VEHICLE.
   (G)  "MEDICAL  DEVICE"  MEANS  AN  INSTRUMENT,  APPARATUS,  IMPLEMENT,
 MACHINE,  CONTRIVANCE,  IMPLANT,  OR  OTHER  SIMILAR OR RELATED ARTICLE,
 INCLUDING A COMPONENT PART, OR ACCESSORY,  AS  DEFINED  IN  THE  FEDERAL
 FOOD,  DRUG  AND  COSMETIC  ACT, 21 USC, SECTION 321 (H) AS AMENDED FROM
 TIME TO TIME, WHICH IS INTENDED FOR USE IN THE DIAGNOSIS OF  DISEASE  OR
 OTHER  CONDITIONS,  OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION
 OF DISEASE, IN MAN OR OTHER ANIMALS.
   (H) "MOTOR VEHICLE" MEANS A VEHICLE THAT IS DESIGNED FOR  TRANSPORTING
 PERSONS  OR  PROPERTY  ON  A  STREET  OR HIGHWAY AND IS CERTIFIED BY THE
 MANUFACTURER UNDER ALL APPLICABLE FEDERAL SAFETY AND EMISSIONS STANDARDS
 AND REQUIREMENTS FOR DISTRIBUTION AND SALE IN THE UNITED STATES.
   (I) "MOTOR VEHICLE DEALER" MEANS AN INDIVIDUAL OR BUSINESS WHO, IN THE
 ORDINARY COURSE OF BUSINESS, IS ENGAGED IN THE BUSINESS  OF  SELLING  OR
 LEASING  MOTOR VEHICLES TO AN INDIVIDUAL OR BUSINESS PURSUANT TO A FRAN-
 CHISE AGREEMENT, HAS OBTAINED A LICENSE UNDER THE  VEHICLE  AND  TRAFFIC
 LAW, AND IS ENGAGED IN THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR
 OF  MOTOR  VEHICLES  OR MOTOR VEHICLE ENGINES PURSUANT TO SUCH FRANCHISE
 AGREEMENT.
   (J) "MOTOR VEHICLE MANUFACTURER" MEANS A BUSINESS ENGAGED IN THE MANU-
 FACTURING OR ASSEMBLING OF MOTOR VEHICLES.
   (K) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS ANY INDIVIDUAL OR BUSINESS
 THAT, IN THE NORMAL COURSE OF BUSINESS, IS ENGAGED IN  THE  BUSINESS  OF
 SELLING  OR  LEASING  DIGITAL ELECTRONIC EQUIPMENT MANUFACTURED BY OR ON
 BEHALF OF ITSELF, TO ANY INDIVIDUAL OR BUSINESS.
   (L) "OWNER" MEANS AN  INDIVIDUAL  OR  BUSINESS  THAT  OWNS  OR  LEASES
 DIGITAL ELECTRONIC EQUIPMENT PURCHASED OR USED IN THIS STATE.
   (M) "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 DIGITAL ELECTRONIC EQUIPMENT MANU-
 FACTURED OR SOLD BY THE ORIGINAL EQUIPMENT MANUFACTURER.
   (N) "TOOL" MEANS ANY SOFTWARE PROGRAM, HARDWARE  IMPLEMENT,  OR  OTHER
 APPARATUS  USED  FOR  DIAGNOSIS, MAINTENANCE, OR REPAIR OF DIGITAL ELEC-
 TRONIC EQUIPMENT, INCLUDING SOFTWARE OR OTHER MECHANISMS  THAT  PROVIDE,
 PROGRAM,  OR  PAIR A PART, CALIBRATE FUNCTIONALITY, OR PERFORM ANY OTHER
 FUNCTION REQUIRED TO BRING THE EQUIPMENT OR PART  BACK  TO  FULLY  FUNC-
 TIONAL CONDITION, INCLUDING ANY UPDATES.
   (O) "REPAIR" MEANS ANY ACT NEEDED TO RESTORE DIGITAL ELECTRONIC EQUIP-
 MENT OR EQUIPMENT TO FULLY WORKING ORDER.
 S. 4104--A                          4
 
   (P)  "MAINTENANCE"  MEANS  ANY ACT NECESSARY TO KEEP CURRENTLY WORKING
 DIGITAL ELECTRONIC EQUIPMENT OR EQUIPMENT IN FULLY WORKING ORDER.
   (Q)  "DIAGNOSIS"  MEANS THE PROCESS OF IDENTIFYING THE ISSUE OR ISSUES
 THAT CAUSE DIGITAL ELECTRONIC EQUIPMENT OR EQUIPMENT TO NOT BE IN  FULLY
 WORKING ORDER.
   (R)  "MODIFICATIONS" OR "MODIFY" MEANS ANY ALTERATION TO DIGITAL ELEC-
 TRONIC EQUIPMENT THAT IS NOT MAINTENANCE AND NOT A REPAIR.
   2. REQUIREMENTS. (A) FOR DIGITAL ELECTRONIC EQUIPMENT  AND  PARTS  FOR
 SUCH  EQUIPMENT  THAT ARE SOLD OR USED IN THIS STATE, AN ORIGINAL EQUIP-
 MENT MANUFACTURER SHALL MAKE AVAILABLE TO ANY INDEPENDENT REPAIR PROVID-
 ER AND OWNER OF DIGITAL  ELECTRONIC  EQUIPMENT  MANUFACTURED  BY  OR  ON
 BEHALF  OF  OR SOLD BY SUCH ORIGINAL EQUIPMENT MANUFACTURER, ON FAIR AND
 REASONABLE TERMS, ANY DOCUMENTATION, PARTS, AND TOOLS REQUIRED  FOR  THE
 DIAGNOSIS,  MAINTENANCE,  OR REPAIR OF SUCH DIGITAL ELECTRONIC EQUIPMENT
 AND PARTS FOR SUCH EQUIPMENT.   SUCH  DOCUMENTATION,  PARTS,  AND  TOOLS
 SHALL  BE  MADE  AVAILABLE  EITHER  DIRECTLY  BY SUCH ORIGINAL EQUIPMENT
 MANUFACTURER OR VIA AN AUTHORIZED REPAIR PROVIDER.
   (B) FOR EQUIPMENT THAT CONTAINS AN ELECTRONIC SECURITY LOCK  OR  OTHER
 SECURITY-RELATED  FUNCTION,  THE  ORIGINAL  EQUIPMENT MANUFACTURER SHALL
 MAKE AVAILABLE TO ANY OWNER AND INDEPENDENT REPAIR PROVIDER, ON FAIR AND
 REASONABLE TERMS, ANY SPECIAL DOCUMENTATION, TOOLS, AND PARTS NEEDED  TO
 ACCESS  AND  RESET  THE  LOCK OR FUNCTION WHEN DISABLED IN THE COURSE OF
 DIAGNOSIS, MAINTENANCE, OR REPAIR OF SUCH EQUIPMENT.    SUCH  DOCUMENTA-
 TION,  TOOLS, AND PARTS MAY BE MADE AVAILABLE THROUGH APPROPRIATE SECURE
 RELEASE SYSTEMS.
   3. LIMITATIONS. (A) NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
 REQUIRE  AN  ORIGINAL EQUIPMENT MANUFACTURER TO DIVULGE ANY TRADE SECRET
 TO ANY OWNER OR INDEPENDENT SERVICE PROVIDER.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE  TERMS  OF
 ANY  ARRANGEMENT  DESCRIBED  IN PARAGRAPH (A) 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
 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 (A) OF SUBDIVISION ONE OF THIS SECTION.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN  ORIGINAL
 EQUIPMENT  MANUFACTURER  OR AUTHORIZED REPAIR PROVIDER TO MAKE AVAILABLE
 ANY PARTS, TOOLS OR DOCUMENTATION  FOR  THE  PURPOSES  OF  MODIFYING  OR
 MAKING MODIFICATIONS TO ANY DIGITAL ELECTRONIC EQUIPMENT.
   (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ORIGINAL
 EQUIPMENT MANUFACTURER OR AUTHORIZED REPAIR PROVIDER TO  MAKE  AVAILABLE
 ANY  PARTS,  TOOLS, OR DOCUMENTATION REQUIRED FOR THE DIAGNOSIS, MAINTE-
 NANCE, OR REPAIR OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT, THE INTENDED
 USE OF WHICH IS FOR EMERGENCY RESPONSE  OR  PREVENTION  PURPOSES  BY  AN
 EMERGENCY  SERVICE  ORGANIZATION  SUCH  AS  A  POLICE, FIRE OR EMERGENCY
 MEDICAL SERVICES AGENCY.
 S. 4104--A                          5
 
   (F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY ORIGINAL
 EQUIPMENT MANUFACTURER OR AUTHORIZED REPAIR PROVIDER TO  MAKE  AVAILABLE
 ANY  PARTS,  TOOLS, OR DOCUMENTATION REQUIRED FOR THE DIAGNOSIS, MAINTE-
 NANCE, OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT IN  A  MANNER  THAT  IS
 INCONSISTENT WITH OR IN VIOLATION OF ANY FEDERAL LAW, SUCH AS GAMING AND
 ENTERTAINMENT CONSOLES, RELATED SOFTWARE AND COMPONENTS.
   (G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY ORIGINAL
 EQUIPMENT  MANUFACTURER  OR AUTHORIZED REPAIR PROVIDER TO MAKE AVAILABLE
 ANY PARTS, TOOLS, OR DOCUMENTATION REQUIRED FOR THE  DIAGNOSIS,  MAINTE-
 NANCE,  OR  REPAIR  OF  ANY HOME APPLIANCE THAT HAS A DIGITAL ELECTRONIC
 PRODUCT EMBEDDED WITHIN IT, INCLUDING, BUT NOT  LIMITED  TO,  REFRIGERA-
 TORS,  OVENS,  MICROWAVES, AIR CONDITIONING AND HEATING UNITS, INCLUDING
 ANY RELATED SOFTWARE AND COMPONENTS.
   4. EXCLUSIONS. NOTHING IN THIS SECTION SHALL APPLY TO:
   (A) A MOTOR VEHICLE MANUFACTURER, MANUFACTURER OF MOTOR VEHICLE EQUIP-
 MENT, OR MOTOR VEHICLE DEALER ACTING IN SUCH CAPACITY, OR TO ANY PRODUCT
 OR SERVICE OF A MOTOR VEHICLE MANUFACTURER, MANUFACTURER OF MOTOR  VEHI-
 CLE EQUIPMENT, OR MOTOR VEHICLE DEALER ACTING IN SUCH CAPACITY;
   (B)  A  MEDICAL DEVICE, AS DEFINED IN THIS SECTION, OR A DIGITAL ELEC-
 TRONIC PRODUCT FOUND IN A MEDICAL SETTING INCLUDING DIAGNOSTIC, MONITOR-
 ING, OR CONTROL EQUIPMENT OR ANY PRODUCT OR SERVICE THAT THEY OFFER; OR
   (C) A MANUFACTURER, DISTRIBUTOR, IMPORTER, OR DEALER OF  ANY  OFF-ROAD
 (NON-ROAD)  EQUIPMENT,  INCLUDING  BUT  NOT LIMITED TO, FARM AND UTILITY
 TRACTORS, FARM IMPLEMENTS, FARM MACHINERY,  FORESTRY  EQUIPMENT,  INDUS-
 TRIAL  EQUIPMENT,  UTILITY  EQUIPMENT,  CONSTRUCTION  EQUIPMENT, COMPACT
 CONSTRUCTION EQUIPMENT, MINING EQUIPMENT, TURF, YARD AND  GARDEN  EQUIP-
 MENT,  OUTDOOR  POWER EQUIPMENT (INCLUDING PORTABLE GENERATORS), MARINE,
 ALL-TERRAIN SPORTS AND RECREATIONAL  VEHICLES  (INCLUDING  RACING  VEHI-
 CLES),   STAND-ALONE   OR   INTEGRATED  STATIONARY  OR  MOBILE  INTERNAL
 COMBUSTION ENGINES, OTHER POWER SOURCES, (INCLUDING WITHOUT  LIMITATION,
 GENERATOR  SETS, ELECTRIC/BATTERY AND FUEL CELL POWER), POWER TOOLS, AND
 ANY TOOLS, TECHNOLOGY, ATTACHMENTS, ACCESSORIES, COMPONENTS  AND  REPAIR
 PARTS FOR ANY OF THE FOREGOING.
   5.  NO  ORIGINAL  EQUIPMENT MANUFACTURER OR AUTHORIZED REPAIR PROVIDER
 SHALL BE LIABLE FOR ANY DAMAGE OR INJURY CAUSED TO ANY DIGITAL ELECTRON-
 IC EQUIPMENT BY AN INDEPENDENT REPAIR PROVIDER  OR  OWNER  WHICH  OCCURS
 DURING  THE  COURSE  OF REPAIR, DIAGNOSIS, MAINTENANCE, OR MODIFICATION,
 INCLUDING BUT NOT LIMITED  TO,  ANY  INDIRECT,  INCIDENTAL,  SPECIAL  OR
 CONSEQUENTIAL  DAMAGES;  ANY  LOSS  OF  DATA, PRIVACY OR PROFITS; OR ANY
 INABILITY TO USE, OR REDUCED FUNCTIONALITY OF,  THE  DIGITAL  ELECTRONIC
 EQUIPMENT.
   6.  ENFORCEMENT  BY  THE  ATTORNEY  GENERAL. (A) WHENEVER THE ATTORNEY
 GENERAL SHALL BELIEVE FROM EVIDENCE SATISFACTORY TO THE ATTORNEY GENERAL
 THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT  OR  EMPLOYEE
 THEREOF HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY ACTS OR PRACTICES IN
 VIOLATION  OF  THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN ACTION IN
 THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO  ENJOIN
 SUCH  UNLAWFUL ACTS OR PRACTICES AND TO OBTAIN RESTITUTION OF ANY MONEYS
 OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH  ACTS  OR  PRAC-
 TICES  IN  VIOLATION  OF  THIS  SECTION.  IN SUCH PROCEEDING PRELIMINARY
 RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF  THE  CIVIL  PRACTICE
 LAW AND RULES.
   (B) EXCEPT AS PROVIDED HEREIN, BEFORE ANY VIOLATION OF THIS SECTION IS
 SOUGHT  TO  BE  ENJOINED,  THE  ATTORNEY GENERAL SHALL GIVE SUCH PERSON,
 FIRM, CORPORATION,  OR  ASSOCIATION  AGAINST  WHOM  SUCH  PROCEEDING  IS
 CONTEMPLATED  NOTICE  AND AN OPPORTUNITY TO SHOW IN WRITING, WITHIN FIVE
 S. 4104--A                          6
 
 BUSINESS DAYS AFTER THE DELIVERY OF SUCH NOTICE, WHY PROCEEDINGS  SHOULD
 NOT  BE  INSTITUTED  AGAINST  SUCH PERSON, FIRM, CORPORATION, OR ASSOCI-
 ATION.  SUCH NOTICE BY THE ATTORNEY GENERAL SHALL BE DELIVERED BY CERTI-
 FIED MAIL AND BY FIRST-CLASS MAIL WITH PROOF OF MAILING. IN ANY PROCEED-
 ING  IN WHICH THE ATTORNEY GENERAL SEEKS PRELIMINARY RELIEF, SUCH NOTICE
 SHALL NOT BE REQUIRED UPON A FINDING BY THE ATTORNEY GENERAL  THAT  SUCH
 NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   (C) IN CONNECTION WITH ANY PROPOSED PROCEEDING UNDER THIS SECTION, THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE  RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
 PRACTICE LAW AND RULES.
   (D) THIS SUBDIVISION SHALL APPLY TO ALL ACTS OR PRACTICES DECLARED  TO
 BE IN VIOLATION OF THIS SECTION, WHETHER OR NOT SUBJECT TO ANY OTHER LAW
 OF THIS STATE, AND SHALL NOT SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF
 THIS  STATE  UNDER  WHICH THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE ANY
 ACTION OR CONDUCT ANY INQUIRY.
   (E) ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT OR  EMPLOYEE
 THEREOF  WHO  ENGAGES  IN  ANY  ACTS  OR  PRACTICES IN VIOLATION OF THIS
 SECTION SHALL BE LIABLE TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
 DOLLARS FOR EACH VIOLATION, WHICH SHALL ACCRUE TO THE STATE OF NEW  YORK
 AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
   (F)  EXCEPT  IN  THE INSTANCE OF A DISPUTE ARISING BETWEEN AN ORIGINAL
 EQUIPMENT MANUFACTURER AND AN  AUTHORIZED  REPAIR  PROVIDER  RELATED  TO
 EITHER  PARTY'S COMPLIANCE WITH AN EXISTING AUTHORIZED REPAIR AGREEMENT,
 AN AUTHORIZED REPAIR PROVIDER SHALL HAVE ALL  THE  RIGHTS  AND  REMEDIES
 PROVIDED IN THIS SECTION.
   §  3. This act shall take effect one year after it shall have become a
 law.

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The New York State Senate

senate Bill S4104

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Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Committee Vote: Jun 1, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 2, 2021 - Rules committee Vote

Rules Committee Vote: Jun 2, 2021

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S4104 - Details

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S4104 - Bill Text download pdf

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S4104A (ACTIVE) - Details

S4104A (ACTIVE) - Summary

S4104A (ACTIVE) - Sponsor Memo

S4104A (ACTIVE) - Bill Text download pdf

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Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Committee Vote: Jun 1, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 2, 2021 - Rules committee Vote

Rules Committee Vote: Jun 2, 2021

Bill Amendments

Co-Sponsors

S4104 - Details

S4104 - Summary

S4104 - Sponsor Memo

S4104 - Bill Text download pdf

Co-Sponsors

S4104A (ACTIVE) - Details

S4104A (ACTIVE) - Summary

S4104A (ACTIVE) - Sponsor Memo

S4104A (ACTIVE) - Bill Text download pdf

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