The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1285
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 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 a chapter 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, as proposed in
   legislative bills numbers S. 4104-A and A. 7006-B, 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. Section 399-nn of the general business law, as added  by  a
 chapter  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 proposed in legislative bills numbers  S.  4104-A
 and A. 7006-B, is amended 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
 this  subdivision  with an unaffiliated individual or business, shall be

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04221-01-3

 A. 1285                             2

 considered an authorized repair provider with  respect  to  such  equip-
 ment.]
   (b)  "Digital  electronic equipment" or "equipment" means any HARDWARE
 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
 statistics  of  the United States department of labor,] 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 embedded in or attached to  the
 product  FOR  WHICH  THE ORIGINAL EQUIPMENT MANUFACTURER MAKES AVAILABLE
 TOOLS, PARTS, AND DOCUMENTATION EITHER THROUGH AUTHORIZED REPAIR PROVID-
 ERS,  ITS  OWN  EMPLOYEES,  OR  ANY  AUTHORIZED  THIRD-PARTY  PROVIDERS.
 "DIGITAL ELECTRONIC EQUIPMENT" OR "EQUIPMENT" DOES NOT INCLUDE ANY PROD-
 UCT SOLD UNDER A SPECIFIC BUSINESS-TO-GOVERNMENT OR BUSINESS-TO-BUSINESS
 CONTRACT,  WHICH  IS NOT OTHERWISE OFFERED FOR SALE DIRECTLY BY A RETAIL
 SELLER.
   (c) "Documentation"  means  any  manual,  diagram,  reporting  output,
 service  code  description,  schematic  diagram,  [security codes, pass-
 words,] or similar kinds of information [used in] REQUIRED FOR effecting
 the services of diagnosis, 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  REQUIRED  FOR  REPAIR,  that  such
 documentation  is  made available by the original equipment manufacturer
 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.
   (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  equip-
 ment  USING  PARTS  PROVIDED  BY  THE ORIGINAL EQUIPMENT MANUFACTURER IN
 ACCORDANCE WITH THIS SECTION, [or] AND in  a  REASONABLY  TIMELY  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 PROCURING, preparing and sending such tool.
   (iii) With respect to parts, that such parts are made available by the
 original  equipment  manufacturer, either directly or INDIRECTLY through
 an authorized repair provider OR  AUTHORIZED  THIRD-PARTY  PROVIDER,  to
 independent  repair  providers  and owners at REASONABLE 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] ARE 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
 A. 1285                             3
 
 repair of digital electronic equipment made  by  or  on  behalf  of  the
 original equipment manufacturer; and
   [C.  is]  B.  ARE not conditioned on an arrangement described in para-
 graph (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:
   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.
 A. 1285                             4
 
   (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.
   (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] REPAIR OR UPDATE the ORIGINAL equipment or
 part back to fully functional condition[, including any updates].
   (o) "Repair" means any act needed to restore digital electronic equip-
 ment or equipment to fully working order.
   (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] AN original
 equipment manufacturer shall make available to  any  independent  repair
 provider 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] THAT ARE MANUFACTURED FOR THE FIRST TIME,
 AND FIRST SOLD OR USED IN NEW YORK ON OR AFTER JULY FIRST, TWO  THOUSAND
 TWENTY-THREE.  Such documentation, parts, and tools shall be made avail-
 able either directly by [such] AN original equipment manufacturer or via
 an authorized repair provider.  AN ORIGINAL EQUIPMENT MANUFACTURER  WHO,
 IN  THE  REGULAR  COURSE OF BUSINESS, OFFERS TO AN OWNER THE SERVICES OF
 DIAGNOSIS, MAINTENANCE OR REPAIR OF ITS OWN  DIGITAL  ELECTRONIC  EQUIP-
 MENT, AND WHO DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN PARAGRAPH (A) OF
 SUBDIVISION ONE OF THIS SECTION WITH AN UNAFFILIATED INDIVIDUAL OR BUSI-
 NESS,  SHALL BE CONSIDERED AN AUTHORIZED REPAIR PROVIDER WITH RESPECT TO
 SUCH EQUIPMENT.
   [(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
 OR LICENSE ANY INTELLECTUAL PROPERTY 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
 A. 1285                             5
 
 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.
   (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, 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.
   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
 A. 1285                             6
 
 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.
   (D)  COMMERCIAL  AND  INDUSTRIAL ELECTRICAL EQUIPMENT (INCLUDING POWER
 DISTRIBUTION EQUIPMENT, SUCH AS MEDIUM/LOW VOLTAGE SWITCHGEAR AND TRANS-
 FORMERS, POWER CONTROL  EQUIPMENT,  SUCH  AS  MEDIUM/LOW  VOLTAGE  MOTOR
 CONTROL  AND  DRIVES,  POWER  QUALITY EQUIPMENT, SUCH AS UNINTERRUPTABLE
 POWER SUPPLIES,  REMOTE  POWER  PANELS,  POWER  DISTRIBUTION  UNITS  AND
 STATIC/TRANSFER SWITCHES) AND ANY TOOLS, TECHNOLOGY, ATTACHMENTS, ACCES-
 SORIES, COMPONENTS AND REPAIR PARTS FOR ANY OF THE FOREGOING.
   (E) AN ELECTRONIC BICYCLE MANUFACTURER, DISTRIBUTOR, IMPORTER, RETAIL-
 ER OR DEALER.
   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],  PERSON,  OR
 PROPERTY which occurs [during the course] AS A RESULT of repair, diagno-
 sis,  maintenance,  or  modification  PERFORMED BY AN INDEPENDENT REPAIR
 PROVIDER OR OWNER, including but not limited  to,  any  indirect,  inci-
 dental,  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.  BEFORE  REPAIRING DIGITAL ELECTRONIC EQUIPMENT, INDEPENDENT REPAIR
 PROVIDERS SHALL PROVIDE TO ANY CUSTOMER, AND PUBLISH  ON  THEIR  WEBSITE
 AND  THE PLACE OF BUSINESS, A WRITTEN NOTICE THAT CONTAINS THE FOLLOWING
 INFORMATION:
   (A) THE INDEPENDENT  REPAIR  PROVIDER  IS  NOT  AN  AUTHORIZED  REPAIR
 PROVIDER FOR THE EQUIPMENT;
   (B) THE CONSUMER SHOULD REVIEW THE TERMS AND CONDITIONS OF ANY WARRAN-
 TY  FOR  THE EQUIPMENT, AS REPAIRS NOT PERFORMED BY AN AUTHORIZED REPAIR
 PROVIDER MAY AFFECT THE WARRANTY;
   (C) WARRANTIES FOR CONSUMER  PRODUCTS  ARE  GOVERNED  BY  THE  FEDERAL
 MAGNUSON-MOSS  WARRANTY  ACT  (15  U.S.C.  CH.  50  § 2301), WHICH GIVES
 CONSUMERS RIGHTS AND PROTECTIONS THAT APPLY OVER CONFLICTING  PROVISIONS
 IN THE WARRANTY;
   (D)  UNDER  THE  MAGNUSON-MOSS WARRANTY ACT, A WARRANTY CANNOT REQUIRE
 THAT MAINTENANCE AND REPAIRS BE PERFORMED ONLY BY AN  AUTHORIZED  REPAIR
 PROVIDER; AND
   (E)  UNDER  THE  MAGNUSON-MOSS WARRANTY ACT, IF DAMAGE TO EQUIPMENT IS
 SHOWN TO BE CAUSED BY EQUIPMENT NOT OFFERED  OR  SOLD  BY  THE  ORIGINAL
 EQUIPMENT MANUFACTURER OR BY FAULTY REPAIR PERFORMED BY A NON-AUTHORIZED
 REPAIR PROVIDER, THAT DAMAGE MAY NOT BE COVERED BY THE WARRANTY, BUT THE
 WARRANTY MAY OTHERWISE REMAIN IN EFFECT.
 A. 1285                             7
 
   7.  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
 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.
   § 2. Section 3 of a chapter 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 proposed in  legislative
 bills numbers S. 4104-A and A. 7006-B 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.
   § 3. This act shall take effect immediately;  provided,  however  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2022 amending the general  busi-
 ness  law  relating  to  the  sale  of  digital electronic equipment and
 providing diagnostic and repair information, as proposed in  legislative
 bills numbers S. 4104-A and A. 7006-B, takes effect.