Assembly Bill A8991

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8991
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the military law, in relation to establishing a right-
   to-repair for military property
 
   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 "New York
 State Servicemember Right-to-Repair Act".
   § 2. Section 17 of the military law, as amended by chapter 141 of  the
 laws of 1988, is amended to read as follows:
   § 17. Purchase  of  military  property.  1. Under the direction of the
 governor, the adjutant general shall  authorize  the  purchase  of  such
 military  property as may be required for the use of the organized mili-
 tia.  In extreme emergencies, however, the  commanding  officer  of  any
 unit  of  the  organized  militia  may  purchase such necessities as are
 required for the immediate use and care  of  [his]  THEIR  command.    A
 report  of such purchases shall be made forthwith to the adjutant gener-
 al.
   2. A. THE ADJUTANT GENERAL MAY NOT  ENTER  INTO  A  CONTRACT  FOR  THE
 PROCUREMENT OF GOODS OR SERVICES UNLESS THE CONTRACTOR AGREES IN WRITING
 TO  PROVIDE  THE  DIVISION  OF MILITARY AND NAVAL AFFAIRS AND THE UNITED
 STATES DEPARTMENT OF DEFENSE FAIR  AND  REASONABLE  ACCESS  TO  ALL  THE
 REPAIR  MATERIALS,  INCLUDING PARTS, TOOLS, AND INFORMATION, USED BY THE
 MANUFACTURER OR PROVIDER OR THEIR AUTHORIZED REPAIR PROVIDERS  TO  DIAG-
 NOSE, MAINTAIN, OR REPAIR THE GOODS OR SERVICES.
   B.  FOR  THE  PURPOSES OF THIS SUBDIVISION, FAIR AND REASONABLE ACCESS
 SHALL MEAN TERMS AND CONDITIONS THAT ALLOW THE DIVISION OF MILITARY  AND
 NAVAL  AFFAIRS  TO:  (I)  PROVIDE  THE REPAIR MATERIALS TO AN AUTHORIZED
 CONTRACTOR FOR THE PURPOSE OF DIAGNOSING, MAINTAINING, OR REPAIRING  THE
 GOODS  OR SERVICES; (II) PROVISION AT PRICES, TERMS, AND CONDITIONS THAT
 ARE EQUIVALENT TO THE MOST FAVORABLE PRICES, TERMS, AND CONDITIONS UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13434-01-5
              

 A. 8991                             2
 
 WHICH THE MANUFACTURER OR AN AUTHORIZED RESELLER OR  DISTRIBUTOR  OFFERS
 THE  PART,  TOOL,  OR  INFORMATION  TO  AN  AUTHORIZED  REPAIR PROVIDER,
 ACCOUNTING 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 MANUFACTURER  OR  AN
 AUTHORIZED  RESELLER  OR  DISTRIBUTOR  OFFERS  TO  AN  AUTHORIZED REPAIR
 PROVIDER; AND (III) IF  A  MANUFACTURER  DOES  NOT  OFFER,  DIRECTLY  OR
 THROUGH AN AUTHORIZED RESELLER OR DISTRIBUTOR, THE PART, TOOL, OR INFOR-
 MATION  TO  ANY AUTHORIZED REPAIR PROVIDER, THEN PROVISION OF SUCH PART,
 TOOL, OR INFORMATION AT PRICES, TERMS, AND CONDITIONS THAT ARE OTHERWISE
 DETERMINED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS TO BE FAIR  AND
 REASONABLE IN ACCORDANCE WITH THIS SECTION.
   § 3. This act shall take effect immediately.