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Sponsors
Senator · Senate District 4
History
- Committee discharged and committed to rules
- Print number 3998b
- Amend and recommit to consumer protection
- Referred to consumer protection
- Committee discharged and committed to rules
- Print number 3998a
- Amend (t) and recommit to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the sale of certain diagnostic and repair information systems
In Assembly Committee · Consumer Affairs And Protection · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the sale of digital electronic equipment diagnostic and repair information
Purpose or general idea of bill
This bill will require manufacturers who operate and sell in New York State to make available diagnostic and repair information for digital electronic parts and machines.
Summary of specific provisions
Section 1. Creation of a new section 399-nn of the General Business Law
Sub-Section 1. Definitions Sub-Section 2. This section requires manufacturers of digital parts sold or used in New York to make available manufacturer diagnostic and repair information and tools for purchase by independent repair facilities. This section prohibits manufacturers from requiring independent repair providers to purchase diagnostic information in a propriety format unless such information is not available in a standard format. Manufacturers would not be responsible for the content and functionality of aftermarket diagnostic tools or service. Service/spare parts also must be made available Sub-Section 3. This legislation does not require the disclosure of trade secrets. Sub-Section 4. This legislation does not affect agreements between manufacturers and authorized repair providers. Sub-Section 5. This legislation does not require access to non-diagnostic and non-repair information. Sub-Section 6. Excludes motor vehicle manufacturers and motor vehicle dealers Sub-Section 7. Requires notification by independent repair providers. Sub-Section 8. Creates a public outreach program about this legislation. Sub-Section 9. Violations of this section are deemed an unlawful "Deceptive Act and Practice." This section allows the attorney general to take civil action against a company violating this section. Limits the civil penalty to $500 dollars.
Section 2. Effective Date
Justification
This bill will protect consumers from the monopolistic practices of digital electronics manufacturers. Manufacturers' current practices prohibit the repair services marketplace from thriving. Nothing prevents third party repairers from being technically competent to complete digital repairs other than the lack of information being withheld by manufacturers. This legislation will require manufacturers to make their non-trade secret diagnostic and repair information available for sale to third party repairers. It will also require manufacturers to produce clear contracts on what firmware is legally owned by the consumer and is retained by the manufacturer. This distinction is necessary for third party repairers and consumers to stay properly informed of their ownership rights.
Currently, repair of digital items are intentionally limited by the manufacturer. Manufacturers will require consumers to pay for repair services through their repair division or manufacturer-authorized repairers. The practices by manufacturers essentially create a monopoly on these repair services. These limited authorized channels result in inflated, high repair prices and high overturn of electronic items. Another concern is the large amount of electronic waste created by the inability to affordably repair broken electronics. Lack of competition in the digital repair industry creates high costs to consumers, businesses and government operations. This bill will open the market of digital repair to competition.
Prior legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
The 60th day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.