S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4500
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  enacting  the
   "consumer wheelchair repair bill of rights act"
 
   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 "consumer wheelchair repair bill of rights act".
   §  2.  Article  32  and  section  670  of the general business law, as
 amended by chapter 219 of the laws of 2006, are renumbered article  32-A
 and section 676 and a new section 677 is added to read as follows:
   § 677. RIGHT  TO  REPAIR  WHEELCHAIRS.  1.  FOR  THE  PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) (I) "AUTHORIZED REPAIR PROVIDER" MEANS A PERSON THAT  IS  UNAFFIL-
 IATED  WITH  A  MANUFACTURER OTHER THAN THROUGH AN ARRANGEMENT WITH SUCH
 MANUFACTURER, WHETHER FOR A DEFINITE OR AN INDEFINITE PERIOD,  IN  WHICH
 SUCH MANUFACTURER, FOR THE PURPOSE OF OFFERING TO PROVIDE SERVICES TO AN
 EQUIPMENT  OWNER  REGARDING THE OWNER'S EQUIPMENT OR A PART, GRANTS SUCH
 PERSON:
   (1) A LICENSE TO USE A TRADE NAME, SERVICE MARK, OR OTHER  PROPRIETARY
 IDENTIFIER; OR
   (2) AUTHORIZATION UNDER ANY OTHER ARRANGEMENT TO ACT ON BEHALF OF SUCH
 MANUFACTURER.
   (II)  "AUTHORIZED  REPAIR PROVIDER" INCLUDES, BUT IS NOT LIMITED TO, A
 MANUFACTURER THAT OFFERS  TO  PROVIDE  SERVICES  TO  AN  OWNER  OF  SUCH
 MANUFACTURER'S  EQUIPMENT  REGARDING SUCH OWNER'S EQUIPMENT OR A PART IF
 SUCH MANUFACTURER DOES NOT HAVE  AN  ARRANGEMENT  WITH  AN  UNAFFILIATED
 PERSON, AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS SUBDIVISION.
   (B)  "DOCUMENTATION"  MEANS  A  MANUAL; DIAGRAM, INCLUDING A SCHEMATIC
 DIAGRAM; REPORTING OUTPUT; SERVICE CODE DESCRIPTION; OR SIMILAR TYPE  OF
 INFORMATION,  WHETHER  IN  AN  ELECTRONIC  OR  TANGIBLE  FORMAT,  THAT A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08308-01-5
              

 S. 4500                             2
 
 MANUFACTURER PROVIDES TO AN AUTHORIZED REPAIR PROVIDER FOR  PURPOSES  OF
 ASSISTING  SUCH  AUTHORIZED  REPAIR  PROVIDER WITH SERVICES PERFORMED ON
 SUCH MANUFACTURER'S EQUIPMENT OR A PART.
   (C)  "EMBEDDED  SOFTWARE"  MEANS PROGRAMMABLE INSTRUCTIONS PROVIDED ON
 FIRMWARE DELIVERED WITH AN ELECTRONIC COMPONENT OF EQUIPMENT OR WITH ANY
 PART FOR THE PURPOSE OF RESTORING OR IMPROVING OPERATION OF SUCH  EQUIP-
 MENT  OR  PART;  AND  SHALL  INCLUDE  BUT NOT BE LIMITED TO ALL RELEVANT
 PATCHES AND FIXES THAT THE MANUFACTURER MAKES TO  EQUIPMENT  OR  TO  ANY
 PART FOR THE PURPOSE OF RESTORING OR IMPROVING SUCH EQUIPMENT OR PART.
   (D) "EQUIPMENT" MEANS A POWERED WHEELCHAIR.
   (E) (I) "FAIR AND REASONABLE COSTS" WITH RESPECT TO OBTAINING DOCUMEN-
 TATION, PARTS, EMBEDDED SOFTWARE, FIRMWARE, OR TOOLS FROM A MANUFACTURER
 TO PROVIDE SERVICES, MEANS TERMS THAT ARE EQUIVALENT TO THE MOST FAVORA-
 BLE TERMS THAT SUCH MANUFACTURER OFFERS TO AN AUTHORIZED REPAIR PROVIDER
 AND  COSTS THAT ARE NO GREATER THAN SUCH MANUFACTURER'S SUGGESTED RETAIL
 PRICE. COSTS CONSIDERED UNDER  THIS  SUBPARAGRAPH  SHALL  BE  CALCULATED
 USING  NET  COSTS  INCURRED,  ACCOUNTING  FOR ANY DISCOUNTS, REBATES, OR
 INCENTIVES OFFERED.
   (II) WITH RESPECT TO DOCUMENTATION, "FAIR  AND  REASONABLE  TERMS  AND
 COSTS"  MEANS THAT THE MANUFACTURER PROVIDES SUCH DOCUMENTATION, INCLUD-
 ING ANY RELEVANT UPDATES TO SUCH DOCUMENTATION,  AT  NO  CHARGE;  EXCEPT
 THAT  SUCH  MANUFACTURER  MAY  CHARGE  A  FEE FOR A PRINTED COPY OF SUCH
 DOCUMENTATION IF THE AMOUNT OF SUCH FEE COVERS ONLY SUCH  MANUFACTURER'S
 ACTUAL COST TO PREPARE AND SEND SUCH PRINTED COPY OF SUCH DOCUMENTATION.
   (III)  WITH  RESPECT  TO  TOOLS  THAT ARE SOFTWARE PROGRAMS, "FAIR AND
 REASONABLE TERMS AND COSTS" MEANS THAT THE  MANUFACTURER  PROVIDES  SUCH
 TOOLS THAT ARE SOFTWARE PROGRAMS:
   (1)  AT  NO  CHARGE  AND  WITHOUT  REQUIRING AUTHORIZATION OR INTERNET
 ACCESS OR OTHERWISE IMPOSING IMPEDIMENTS TO ACCESS OR USE;
   (2) IN THE COURSE  OF  EFFECTUATING  THE  DIAGNOSIS,  MAINTENANCE,  OR
 REPAIR AND ENABLING THE FULL FUNCTIONALITY OF THE EQUIPMENT OR PART; AND
   (3)  IN A MANNER THAT DOES NOT IMPAIR THE EFFICIENT AND COST-EFFECTIVE
 PERFORMANCE OF THE EQUIPMENT OR PART.
   (F) "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF  INSTRUCTIONS
 PROGRAMMED  ON  EQUIPMENT  OR  A PART TO ALLOW SUCH EQUIPMENT OR PART TO
 COMMUNICATE WITH ITSELF OR WITH OTHER COMPUTER HARDWARE.
   (G) (I) "INDEPENDENT REPAIR PROVIDER", EXCEPT AS OTHERWISE PROVIDED IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, MEANS A PERSON IN  THE  STATE  THAT
 IS:
   (1) NEITHER A MANUFACTURER'S AUTHORIZED REPAIR PROVIDER NOR AFFILIATED
 WITH A MANUFACTURER'S AUTHORIZED REPAIR PROVIDER; AND
   (2) ENGAGED IN OFFERING OR PROVIDING SERVICES.
   (II) "INDEPENDENT REPAIR PROVIDER" MEANS:
   (1)  AN  AUTHORIZED REPAIR PROVIDER IF SUCH AUTHORIZED REPAIR PROVIDER
 IS OFFERING OR PROVIDING  SERVICES  FOR  A  MANUFACTURER  OTHER  THAN  A
 MANUFACTURER  WITH WHICH SUCH AUTHORIZED REPAIR PROVIDER HAS AN ARRANGE-
 MENT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; OR
   (2) A MANUFACTURER WITH RESPECT TO OFFERING OR PROVIDING SERVICES  FOR
 ANOTHER MANUFACTURER'S EQUIPMENT OR PART.
   (H) "ORIGINAL EQUIPMENT MANUFACTURER" OR "MANUFACTURER" MEANS A PERSON
 DOING  BUSINESS  IN  THE  STATE  AND ENGAGED IN THE BUSINESS OF SELLING,
 LEASING, OR OTHERWISE SUPPLYING NEW EQUIPMENT OR PARTS  MANUFACTURED  BY
 OR ON BEHALF OF ITSELF TO ANY INDIVIDUAL, BUSINESS, OR OTHER ENTITY.
   (I)  "OWNER"  MEANS  A  PERSON THAT OWNS EQUIPMENT OR AN AGENT OF SUCH
 PERSON.
 S. 4500                             3
 
   (J) "PART" MEANS A NEW OR USED REPLACEMENT PART FOR EQUIPMENT  THAT  A
 MANUFACTURER  OFFERS  FOR  SALE  OR  OTHERWISE  MAKES  AVAILABLE FOR THE
 PURPOSE OF PROVIDING SERVICES.
   (K) "POWERED WHEELCHAIR" MEANS A MOTORIZED WHEELED DEVICE DESIGNED FOR
 USE BY A PERSON WITH A PHYSICAL DISABILITY.
   (L)  "SERVICES"  MEANS  DIAGNOSTIC,  MAINTENANCE,  OR  REPAIR SERVICES
 PERFORMED ON EQUIPMENT OR A PART.
   (M) "TOOLS" MEANS ANY SOFTWARE PROGRAM, HARDWARE IMPLEMENT,  OR  OTHER
 APPARATUS  USED  FOR  DIAGNOSIS,  MAINTENANCE, OR REPAIR OF EQUIPMENT OR
 PARTS, INCLUDING SOFTWARE OR OTHER MECHANISM THAT PROVIDES, PROGRAMS, OR
 PAIRS A NEW PART; CALIBRATES FUNCTIONALITY; OR PERFORMS ANY OTHER  FUNC-
 TION  REQUIRED  TO  RETURN  SUCH  EQUIPMENT  OR PART TO FULLY FUNCTIONAL
 CONDITION.
   (N) "TRADE SECRET" MEANS THE WHOLE OR ANY  PORTION  OR  PHASE  OF  ANY
 SCIENTIFIC  OR TECHNICAL INFORMATION, DESIGN, PROCESS, PROCEDURE, FORMU-
 LA, IMPROVEMENT, CONFIDENTIAL BUSINESS OR FINANCIAL INFORMATION, LISTING
 OF NAMES, ADDRESSES, OR TELEPHONE NUMBERS, OR OTHER INFORMATION RELATING
 TO ANY BUSINESS OR PROFESSION WHICH IS SECRET AND  OF  VALUE.  TO  BE  A
 "TRADE  SECRET"  THE  OWNER THEREOF SHALL HAVE TAKEN MEASURES TO PREVENT
 THE SECRET FROM BECOMING AVAILABLE TO PERSONS OTHER THAN THOSE  SELECTED
 BY THE OWNER TO HAVE ACCESS THERETO FOR LIMITED PURPOSES.
   2. (A) EXCEPT AS PROVIDED UNDER PARAGRAPH (B) OF THIS SUBDIVISION:
   (I)  FOR THE PURPOSE OF PROVIDING SERVICES FOR EQUIPMENT IN THE STATE,
 AN ORIGINAL EQUIPMENT MANUFACTURER SHALL, WITH FAIR AND REASONABLE TERMS
 AND COSTS, MAKE AVAILABLE TO AN INDEPENDENT REPAIR PROVIDER OR OWNER  OF
 SUCH  MANUFACTURER'S  EQUIPMENT ANY DOCUMENTATION, PARTS, EMBEDDED SOFT-
 WARE, FIRMWARE, OR TOOLS THAT ARE INTENDED FOR USE WITH THE EQUIPMENT OR
 ANY PART, INCLUDING UPDATES TO DOCUMENTATION, PARTS, EMBEDDED  SOFTWARE,
 FIRMWARE, OR TOOLS.
   (II)  WITH  RESPECT  TO EQUIPMENT THAT CONTAINS AN ELECTRONIC SECURITY
 LOCK OR OTHER SECURITY-RELATED FUNCTION, A MANUFACTURER SHALL, WITH FAIR
 AND REASONABLE TERMS AND COSTS, MAKE  AVAILABLE  TO  INDEPENDENT  REPAIR
 PROVIDERS  AND OWNERS ANY DOCUMENTATION, PARTS, EMBEDDED SOFTWARE, FIRM-
 WARE, OR TOOLS NEEDED TO RESET THE LOCK OR FUNCTION WHEN DISABLED IN THE
 COURSE OF PROVIDING SERVICES. THE MANUFACTURER MAY MAKE  THE  DOCUMENTA-
 TION,  PARTS,  EMBEDDED  SOFTWARE, FIRMWARE, OR TOOLS AVAILABLE TO INDE-
 PENDENT REPAIR PROVIDERS AND OWNERS THROUGH APPROPRIATE  SECURE  RELEASE
 SYSTEMS.
   (B) (I) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO:
   (1)  A  PART  THAT  IS  NO  LONGER AVAILABLE TO THE ORIGINAL EQUIPMENT
 MANUFACTURER; OR
   (2) CONDUCT THAT WOULD REQUIRE THE MANUFACTURER  TO  DIVULGE  A  TRADE
 SECRET; EXCEPT THAT A MANUFACTURER SHALL NOT REFUSE TO MAKE AVAILABLE TO
 AN  INDEPENDENT REPAIR PROVIDER OR OWNER ANY DOCUMENTATION, PART, EMBED-
 DED SOFTWARE, FIRMWARE, OR TOOL NECESSARY TO PROVIDE SERVICES ON GROUNDS
 THAT SUCH DOCUMENTATION, PART,  EMBEDDED  SOFTWARE,  FIRMWARE,  OR  TOOL
 ITSELF IS A TRADE SECRET.
   (II)  (1)  A  MANUFACTURER  MAY  REDACT  DOCUMENTATION TO REMOVE TRADE
 SECRETS FROM SUCH DOCUMENTATION BEFORE PROVIDING ACCESS TO SUCH DOCUMEN-
 TATION IF THE USABILITY OF SUCH REDACTED DOCUMENTATION FOR  THE  PURPOSE
 OF PROVIDING SERVICES IS NOT DIMINISHED.
   (2)  A MANUFACTURER MAY WITHHOLD INFORMATION REGARDING A COMPONENT OF,
 DESIGN OF, FUNCTIONALITY OF, OR PROCESS OF DEVELOPING A  PART,  EMBEDDED
 SOFTWARE,  FIRMWARE, OR A TOOL IF SUCH INFORMATION IS A TRADE SECRET AND
 THE USABILITY OF SUCH PART, EMBEDDED SOFTWARE, FIRMWARE, OR TOOL FOR THE
 PURPOSE OF PROVIDING SERVICES IS NOT DIMINISHED.
 S. 4500                             4
 
   (C) AN ORIGINAL EQUIPMENT MANUFACTURER SHALL NOT BE LIABLE FOR  FAULTY
 OR  OTHERWISE  IMPROPER REPAIRS PROVIDED BY INDEPENDENT REPAIR PROVIDERS
 OR OWNERS, INCLUDING FAULTY OR OTHERWISE IMPROPER REPAIRS THAT CAUSE:
   (I) DAMAGE TO POWERED WHEELCHAIRS THAT OCCUR DURING SUCH REPAIRS;
   (II) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR
   (III)  AN  INABILITY  TO USE, OR A REDUCED FUNCTIONALITY OF, A POWERED
 WHEELCHAIR RESULTING FROM THE FAULTY OR OTHERWISE IMPROPER REPAIR.
   3. (A) EXCEPT AS PROVIDED UNDER PARAGRAPH  (B)  OF  THIS  SUBDIVISION,
 NOTHING IN THIS SECTION SHALL:
   (I)  ALTER  THE TERMS OF ANY CONTRACT OR OTHER ARRANGEMENT IN FORCE ON
 THE EFFECTIVE  DATE  OF  THIS  SECTION  BETWEEN  AN  ORIGINAL  EQUIPMENT
 MANUFACTURER  AND  AN AUTHORIZED REPAIR PROVIDER, INCLUDING THE PERFORM-
 ANCE OR PROVISION OF WARRANTY OR RECALL REPAIR WORK AND ANY  EXCLUSIVITY
 OR NONCOMPETE CLAUSE IN A CONTRACT;
   (II)  REQUIRE A MANUFACTURER TO PROVIDE AN INDEPENDENT REPAIR PROVIDER
 OR OWNER ACCESS TO INFORMATION,  OTHER  THAN  DOCUMENTATION,  THAT  SUCH
 MANUFACTURER  PROVIDES  TO  AN  AUTHORIZED REPAIR PROVIDER PURSUANT TO A
 CONTRACT OR OTHER  ARRANGEMENT  WITH  SUCH  AUTHORIZED  REPAIR  PROVIDER
 EXCEPT  AS  NECESSARY TO COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
 THIS SECTION; OR
   (III) EXEMPT A MANUFACTURER FROM A PRODUCTS LIABILITY  CLAIM  THAT  IS
 OTHERWISE AUTHORIZED UNDER LAW.
   (B)  WITH  RESPECT TO A CONTRACT OR OTHER ARRANGEMENT, OR RENEWAL OF A
 CONTRACT OR EXISTING ARRANGEMENT, THAT AN ORIGINAL EQUIPMENT MANUFACTUR-
 ER ENTERS INTO AFTER THE EFFECTIVE DATE OF THIS  SECTION,  ANY  CONTRACT
 TERM,  PROVISION, AGREEMENT, OR LANGUAGE IN SUCH CONTRACT OR ARRANGEMENT
 THAT WAIVES, AVOIDS, RESTRICTS,  OR  LIMITS  SUCH  MANUFACTURER'S  OBLI-
 GATIONS UNDER THIS SECTION SHALL BE VOID AND UNENFORCEABLE.
   § 3. This act shall take effect January 1, 2026.