https://www.nysenate.gov/legislation/bills/2021/S4104 Skip to main content The New York State Senate * facebook * twitter * youtube get involved login * News & Issues * Senators & Committees * Bills & Laws * Events * About the Senate Search [ ] Search Advanced Legislation Search search * facebook * twitter * youtube login Search [ ] Search Advanced Legislation Search Find your Senator and share your views on important issues. find your senator senate Bill S4104A 2021-2022 Legislative Session Enacts the digital fair repair act download bill text pdf Share this bill * Facebook * Twitter * Email Sponsored By [07-20-11_b] Neil D. Breslin (D, IP, WF) 44th Senate District Current Bill Status - Passed Senate & Assembly ----------------------------------------------------------------- * Introduced * In Committee * On Floor Calendar * + Passed Senate + Passed Assembly * Delivered to Governor * Signed/Vetoed by Governor * Your Voice do you support this bill? Aye Nay BETA i Get Status Alerts for S4104A Email Address [ ] Subscribe Please enter your contact information First Name * [ ] Last Name * [ ] Email Address * [ ] A valid email address is required. Home address search or enter your address manually * [ ] Street Address * [ ] Your valid home address is used to determine which NY State Senator Represents you. Apt/Suite/Floor (Optional) [ ] City * [ ] State * [ ] Postal Code * [ ] Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you. --------------------------------------------------------------------- Optional services from the NY State Senate: [*] Send me alerts for this bill. I can unsubscribe at any time. Learn more. [*] Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation. --------------------------------------------------------------------- Include a custom message for your Senator? (Optional) [ ] [ ] [ ] [ ] [ ] Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about. Submit Form Leave this field blank [ ] Actions view actions (20) Assembly Actions - Lowercase Senate Actions - UPPERCASE returned to senate Jun 03, 2022 passed assembly ordered to third reading rules cal.533 substituted for a7006b referred to codes delivered to assembly Jun 01, 2022 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 referred to consumer protection Jan 05, 2022 returned to senate died in assembly referred to ways and means Jun 10, 2021 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 view votes Jun 1, 2022 - floor Vote S4104A 59 4 floor 59 Aye 4 Nay 0 Absent 0 Excused 0 Abstained show floor vote details Floor Vote: Jun 1, 2022 aye (59) o Addabbo o Bailey o Biaggi o Boyle o Breslin o Brisport o Brooks o Brouk o Cleare o Comrie o Cooney o Felder o Gallivan o Gaughran o Gianaris o Gounardes o Griffo o Harckham o Helming o Hinchey o Hoylman o Jackson o Jordan o Kaminsky o Kaplan o Kavanagh o Kennedy o Krueger o Lanza o Liu o Mannion o Mattera o May o Mayer o Myrie o O'Mara o Oberacker o Ortt o Palumbo o Parker o Persaud o Ramos o Rath III o Reichlin-Melnick o Ritchie o Rivera o Ryan o Salazar o Sanders o Savino o Sepulveda o Serino o Serrano o Skoufis o Stavisky o Stec o Stewart-Cousins o Tedisco o Thomas nay (4) o Akshar o Borrello o Martucci o Weik Jun 1, 2022 - Rules committee Vote S4104A 18 0 committee 18 Aye 0 Nay 3 Aye with Reservations 0 Absent 0 Excused 0 Abstained show Rules committee vote details Rules Committee Vote: Jun 1, 2022 aye (18) o Addabbo o Bailey o Biaggi o Breslin o Comrie o Gallivan o Gianaris o Kennedy o Krueger o Liu o Mayer o O'Mara o Ortt o Parker o Ritchie o Savino o Sepulveda o Stewart-Cousins aye wr (3) o Boyle o Griffo o Lanza Jun 10, 2021 - floor Vote S4104 49 14 floor 49 Aye 14 Nay 0 Absent 0 Excused 0 Abstained show floor vote details Floor Vote: Jun 10, 2021 aye (49) o Addabbo o Bailey o Benjamin o Biaggi o Boyle o Breslin o Brisport o Brooks o Brouk o Comrie o Cooney o Felder o Gallivan o Gaughran o Gianaris o Gounardes o Harckham o Helming o Hinchey o Hoylman o Jackson o Jordan o Kaminsky o Kaplan o Kavanagh o Kennedy o Krueger o Liu o Mattera o May o Mayer o Myrie o O'Mara o Oberacker o Parker o Persaud o Ramos o Reichlin-Melnick o Rivera o Ryan o Salazar o Sanders o Savino o Sepulveda o Serrano o Skoufis o Stavisky o Stewart-Cousins o Thomas nay (14) o Akshar o Borrello o Griffo o Lanza o Mannion o Martucci o Ortt o Palumbo o Rath III o Ritchie o Serino o Stec o Tedisco o Weik Jun 2, 2021 - Rules committee Vote S4104 20 0 committee 20 Aye 0 Nay 1 Aye with Reservations 0 Absent 0 Excused 0 Abstained show committee vote details Committee Vote: Jun 2, 2021 aye (20) o Addabbo o Bailey o Benjamin o Biaggi o Boyle o Breslin o Comrie o Gallivan o Gianaris o Griffo o Kennedy o Krueger o Lanza o Liu o Mayer o O'Mara o Ortt o Parker o Savino o Stewart-Cousins aye wr (1) o Ritchie Bill Amendments Original A (Active) Original A (Active) Co-Sponsors [senator-th] Kevin Thomas (D) 6th Senate District [01-09-19_b] Alessandra Biaggi (D, WF) 34th Senate District [sd25jabar_] Jabari Brisport (D, WF) 25th Senate District [brouk_21_o] Samra G. Brouk (D, WF) 55th Senate District view additional co-sponsors [] Leroy Comrie (D) 14th Senate District [sd56_coone] Jeremy A. Cooney (D, WF) 56th Senate District [hs_3] Michael Gianaris (D, WF) 12th Senate District [hinchey-hs] Michelle Hinchey (D, WF) 46th Senate District [bh_headsho] Brad Hoylman (D, WF) 27th Senate District [zmyriemain] Zellnor Myrie (D) 20th Senate District [ermofficia] Elijah Reichlin-Melnick (D, WF) 38th Senate District [screenshot] Julia Salazar (D, WF) 18th Senate District [39sd-thumb] James Skoufis (D) 39th Senate District S4104 - Details See Assembly Version of this Bill: A7006 Law Section: General Business Law Laws Affected: Add SS399-nn, Gen Bus L Versions Introduced in 2019-2020 Legislative Session: S6309, A7416 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 SS 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. * View More (85 Lines) 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". SS 2. The general business law is amended by adding a new section 399- nn to read as follows: SS 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. SS 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. * View More (177 Lines) Co-Sponsors [senator-th] Kevin Thomas (D) 6th Senate District [01-09-19_b] Alessandra Biaggi (D, WF) 34th Senate District [sd25jabar_] Jabari Brisport (D, WF) 25th Senate District [brouk_21_o] Samra G. Brouk (D, WF) 55th Senate District view additional co-sponsors [] Leroy Comrie (D) 14th Senate District [sd56_coone] Jeremy A. Cooney (D, WF) 56th Senate District [hs_3] Michael Gianaris (D, WF) 12th Senate District [hinchey-hs] Michelle Hinchey (D, WF) 46th Senate District [bh_headsho] Brad Hoylman (D, WF) 27th Senate District [liu-760-ar] John C. Liu (D) 11th Senate District [zmyriemain] Zellnor Myrie (D) 20th Senate District [ermofficia] Elijah Reichlin-Melnick (D, WF) 38th Senate District [screenshot] Julia Salazar (D, WF) 18th Senate District [39sd-thumb] James Skoufis (D) 39th Senate District S4104A (ACTIVE) - Details See Assembly Version of this Bill: A7006 Law Section: General Business Law Laws Affected: Add SS399-nn, Gen Bus L Versions Introduced in 2019-2020 Legislative Session: S6309, A7416 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 SS 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. * View More (122 Lines) 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". SS 2. The general business law is amended by adding a new section 399- nn to read as follows: SS 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. SS 3. This act shall take effect one year after it shall have become a law. * View More (261 Lines) Comments Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13. View the discussion thread. NYsenate.gov New York State Senate Seal * news & issues * senators & committees * bills & laws * budget * events * about the senate Follow the New York Senate * facebook * twitter * youtube * Accessibility Statement * Contact the Senate * Creative Commons * Developers * Home Rule Form * Policies & Waivers * Privacy Policy * Terms of Participation Sorry, you need to enable JavaScript to visit this website.