Assembly Bill A8955

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8955
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  the  sale  of
   digital  electronic  equipment  and  providing  diagnostic  and repair
   information; and to amend chapter 810 of the laws of 2022 amending the
   general business law relating to the sale of digital electronic equip-
   ment and providing diagnostic and repair information, in  relation  to
   the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b), and (m) of subdivision  1,  paragraphs
 (a),  (g),  (h), (i) and (j) of subdivision 3, paragraphs (d) and (e) of
 subdivision 4, and the opening paragraph of  subdivision  6  of  section
 399-nn  of  the  general  business  law,  paragraphs (a), (b) and (m) of
 subdivision 1, paragraphs (a) and (g) of subdivision 3, and the  opening
 paragraph  of  subdivision 6, as amended and paragraphs (h), (i) and (j)
 of subdivision 3, and paragraphs (d) and (e) of subdivision 4, as  added
 by chapter 48 of the laws of 2023, are amended to read as follows:
   (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 SHALL BE CONSIDERED AN AUTHORIZED  REPAIR  PROVIDER
 WITH RESPECT TO SUCH EQUIPMENT.
   (b)  "Digital  electronic equipment" or "equipment" means any hardware
 product manufactured for the first time, and first sold or used  in  New
 York  on  or  after July first, two thousand [twenty-three, that depends
 for its functioning, in whole or in part, on digital electronics  embed-

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

                                                            LBD13653-02-4
 A. 8955                             2

 ded  in  or  attached to the product] TWENTY-ONE, for which the original
 equipment manufacturer makes available tools, parts,  and  documentation
 either  through  authorized  repair providers, its own employees, or any
 authorized  third-party  providers  ["Digital  electronic  equipment" or
 "equipment" does not include any product sold  under  a  specific  busi-
 ness-to-government or business-to-business contract, which is not other-
 wise offered for sale directly by a retail seller].
   (m) "Part" or "parts" means any replacement part or assembly of parts,
 either new or used, made available by an original equipment manufacturer
 for  purposes  of  effecting  the  services  of maintenance or repair of
 digital electronic equipment manufactured or sold by the original equip-
 ment manufacturer. [Part does not include printed board assemblies  that
 may allow device cloning in violation of 18 U.S.C. Section 1029 or other
 applicable law.]
   (a) [Nothing] EXCEPT AS NECESSARY TO COMPLY WITH THIS SECTION, NOTHING
 in  this  section  shall  be  construed to require an original equipment
 manufacturer to divulge [any] A trade secret or license any intellectual
 property, INCLUDING COPYRIGHTS OR PATENTS, to any owner  or  independent
 service provider.
   (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, heating units, and] security
 devices or alarm systems including any related software and components.
   (h) Nothing in  this  section  shall  prevent  an  original  equipment
 manufacturer  from  establishing  reasonable  training and certification
 programs for  independent  repair  providers,  however,  no  independent
 repair  provider  shall  be  required  to  complete any such training or
 certification program as a condition to be covered by the rights granted
 under this chapter.
   (i) [Nothing in this  section  shall  prevent  an  original  equipment
 manufacturer from offering parts, such as integrated batteries, to inde-
 pendent repair providers or owners pre-assembled with other parts rather
 than  as individual components, where the individual components may pose
 a heightened safety risk if installed improperly.
   (j)] Nothing in this  section  shall  require  an  original  equipment
 manufacturer  to  make available special documentation, tools, and parts
 that would disable or override anti-theft security measures set  by  the
 owner of the equipment without the owner's authorization.
   (d)  OUTSIDE  THE METER commercial and industrial electrical equipment
 [(]including power distribution equipment, [such as  medium/low  voltage
 switchgear and transformers, power control equipment, such as medium/low
 voltage motor control and drives, power quality equipment, such as unin-
 terruptable  power  supplies,  remote  power  panels, power distribution
 units and static/transfer switches)] and any tools, technology,  attach-
 ments,  accessories,  components and repair parts for any of the forego-
 ing.
   (e) an electronic bicycle manufacturer, distributor, importer, retail-
 er or dealer.
   Before repairing  digital  electronic  equipment,  independent  repair
 providers  shall  provide  to  any  customer,  [and] OR publish on their
 website and the place of business, a written notice  that  contains  the
 following information:
 A. 8955                             3
 
   § 2. Section 3 of chapter 810 of the laws of 2022 amending the general
 business  law  relating  to the sale of digital electronic equipment and
 providing diagnostic and repair information, as amended by chapter 48 of
 the laws of 2023, is amended to read as follows:
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to digital electronic  equipment,  manufactured  for
 the  first  time, and first sold or used in New York on or after July 1,
 [2023] 2021.
   § 3. This act shall take effect immediately.