S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3333--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by Sens. MONSERRATE, ADAMS, SAVINO -- 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  commit-
  tee

AN ACT to amend the general business law, in relation to mandating auto-
  mobile  manufacturers to release vehicle repair information to vehicle
  owners

  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 "New York state consumers' right to repair act of 2010".
  S 2. Legislative findings. The legislature finds that the  ability  to
diagnose, service, and repair a motor vehicle in a timely, reliable, and
affordable  manner  is essential to the safety and well-being of automo-
tive consumers in the state of  New  York.  Consumers  are  entitled  to
choose  among  competing repair facilities for the convenient, reliable,
and affordable repair of their  motor  vehicles.  Increased  competition
among  repair  facilities  will  benefit  vehicle  owners in this state.
Computers of various kinds are increasingly being used in motor  vehicle
systems, such as pollution control, transmission, antilock brakes, elec-
tronic  and mechanical systems, heating and air-conditioning, sound, and
steering.
  The legislature finds that the diagnosis, service, and repair of these
vehicle systems are essential to the  safety  and  proper  operation  of
modern  motor  vehicles.  In many instances, access codes prevent owners
from making, or having  made,  the  necessary  diagnosis,  service,  and
repair  of  their  motor vehicles in a timely, convenient, reliable, and
affordable manner. Consumers in New York have benefited from the  avail-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10277-03-0

              

S. 3333--A                          2

ability of an aftermarket parts supply, or parts and accessories used in
the repair, maintenance, or enhancement of a motor vehicle.
  The legislature therefore finds that vehicle owners in New York should
have  the  right  to  all  information necessary to allow the diagnosis,
service, and repair of their vehicles and to make, or have made, repairs
necessary to keep their vehicles  in  reasonably  good  and  serviceable
condition during the expected vehicle life.
  S  3. The general business law is amended by adding a new article 11-C
to read as follows:
                              ARTICLE 11-C
              NEW YORK STATE CONSUMERS' RIGHT TO REPAIR ACT
SECTION 199-S.   DEFINITIONS.
        199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS.
        199-U. REMEDIES.
  S 199-S. DEFINITIONS.  1. FOR THE PURPOSES OF THIS ARTICLE,  THE  TERM
"MOTOR  VEHICLE"  SHALL  MEAN  MOTOR  VEHICLES AS DEFINED BY SECTION ONE
HUNDRED TWENTY-FIVE AND TRAILERS  AS  DEFINED  BY  SECTION  ONE  HUNDRED
FIFTY-SIX OF THE VEHICLE AND TRAFFIC LAW.
  2.  THE  TERM  "VEHICLE  OWNER"  MEANS  ANY PERSON WHO OWNS, LEASES OR
OTHERWISE HAS THE LEGAL RIGHT TO USE AND POSSESS A MOTOR VEHICLE, OR THE
AGENT OF SUCH PERSON.
  3. THE TERM "MOTOR VEHICLE REPAIR SHOP"  MEANS  ANY  PERSON  WHO,  FOR
COMPENSATION,  IS WHOLLY OR PARTIALLY ENGAGED IN THE BUSINESS OF REPAIR-
ING OR DIAGNOSING MOTOR VEHICLE MALFUNCTIONS OR REPAIRING MOTOR  VEHICLE
BODIES,  FENDERS  OR  OTHER COMPONENTS DAMAGED BY ACCIDENT OR OTHERWISE,
EXCEPT THAT SUCH TERM DOES NOT INCLUDE:
  (A) AN EMPLOYEE OF A MOTOR VEHICLE REPAIR  SHOP  WHO  ENGAGES  IN  THE
BUSINESS OF REPAIRING MOTOR VEHICLES SOLELY BY REASON OF HIS EMPLOYMENT;
OR
  (B)  ANY PERSON WHO IS SOLELY ENGAGED IN THE BUSINESS OF REPAIRING THE
MOTOR VEHICLES OF A SINGLE COMMERCIAL OR INDUSTRIAL ESTABLISHMENT, OR OF
THE FEDERAL, STATE OR A LOCAL GOVERNMENT OR ANY AGENCY THEREOF; OR
  (C) ANY PERSON WHOSE ACTIVITIES CONSIST SOLELY  OF  FUELING,  CHANGING
OIL,  WATER, BATTERIES OR TIRES, REPLACING FAN BELTS, AIR FILTERS OR OIL
FILTERS, INSTALLING WINDSHIELD WIPER BLADES  OR  LIGHT  BULBS,  OR  SUCH
OTHER  MINOR REPAIR AND SERVICING FUNCTIONS AS THE COMMISSIONER OF MOTOR
VEHICLES SHALL BY RULE PRESCRIBE; OR
  (D) ANY PERSON SOLELY ENGAGED IN THE BUSINESS  OF  REPAIRING  FARM  OR
ROAD  BUILDING  MACHINES,  OR SUCH OTHER UTILITY VEHICLES AS THE COMMIS-
SIONER OF MOTOR VEHICLES MAY BY REGULATION DESIGNATE.
  THE TERM "MOTOR VEHICLE REPAIR SHOP"  SHALL  ALSO  INCLUDE  ANY  SHOP,
DRIVE-IN STATION, OR GARAGE OPERATED BY ANY PERSON, FIRM, CORPORATION OR
ASSOCIATION  AT  WHICH  MOTOR VEHICLES ARE INSPECTED FOR THE PURPOSES OF
APPRAISING, EVALUATING OR ESTIMATING THE EXTENT OR VALUE OF MOTOR  VEHI-
CLE DAMAGE OR THE NECESSITY OR COST OF MOTOR VEHICLE REPAIRS.
  S  199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS. 1. THE MANUFACTURER
OF A MOTOR VEHICLE SOLD OR INTRODUCED INTO COMMERCE IN THIS STATE  SHALL
PROVIDE  TO  THE  VEHICLE OWNER, TO THE MOTOR VEHICLE REPAIR SHOP AND TO
THE DEPARTMENT OF MOTOR VEHICLES FOR USE BY ANY SUCH  VEHICLE  OWNER  OR
REPAIR  FACILITY,  THE  INFORMATION  NECESSARY  TO DIAGNOSE, SERVICE, OR
REPAIR THE VEHICLE. SUCH INFORMATION SHALL INCLUDE, BUT NOT  BE  LIMITED
TO,  INFORMATION  NECESSARY  TO INTEGRATE REPLACEMENT EQUIPMENT INTO THE
VEHICLE AND OTHER INFORMATION OF ANY KIND NEEDED OR  USED  TO  DIAGNOSE,
SERVICE,  REPAIR, ACTIVATE, CERTIFY, OR INSTALL ANY MOTOR VEHICLE EQUIP-
MENT (INCLUDING REPLACEMENT EQUIPMENT) IN A MOTOR VEHICLE.

S. 3333--A                          3

  2. THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT REQUIRE  A  MANUFACTURER
TO  PUBLICLY  DISCLOSE  INFORMATION  THAT, IF MADE PUBLIC, WOULD DIVULGE
METHODS OR PROCESSES ENTITLED TO PROTECTION AS  TRADE  SECRETS  OF  THAT
MANUFACTURER,  BUT  MAY  REQUIRE  DISCLOSURE  OF SUCH INFORMATION TO THE
DEPARTMENT OF MOTOR VEHICLES FOR THE PURPOSE OF DETERMINING WHETHER SUCH
INFORMATION IS ENTITLED TO SUCH PROTECTION.  SUCH DETERMINATION SHALL BE
MADE AFTER AN OPPORTUNITY FOR A HEARING.
  3.  NO  SUCH  INFORMATION  MAY  BE  WITHHELD BY A MANUFACTURER IF THAT
INFORMATION IS PROVIDED, DIRECTLY OR INDIRECTLY, TO  FRANCHISED  DEALERS
OR OTHER REPAIR FACILITIES.
  S  199-U.  REMEDIES.   1. THE FAILURE OF A MANUFACTURER TO PROVIDE THE
INFORMATION REQUIRED BY SECTION ONE HUNDRED NINETY-NINE-T OF THIS  ARTI-
CLE SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE.
  2.    ANY  MANUFACTURER WHO VIOLATES THE PROVISIONS OF THIS ARTICLE OR
ANY RULES OR REGULATIONS PROMULGATED THEREUNDER WITH ACTUAL KNOWLEDGE OR
KNOWLEDGE FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE  CIRCUMSTANCES  SHALL
BE  LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR
MORE THAN TEN THOUSAND DOLLARS.
  3. A VEHICLE OWNER OR MOTOR VEHICLE REPAIR  SHOP  MAY  BRING  A  CIVIL
ACTION  IN  A  COURT  OF COMPETENT JURISDICTION TO ENJOIN A VIOLATION OF
THIS ARTICLE AND TO RECOVER THE ACTUAL  COSTS  OF  LITIGATION  INCLUDING
REASONABLE ATTORNEY'S FEES.
  4.  UPON  ANY VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE BY
THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK
TO  A  COURT  OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND
UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF  THE VIOLATION. IF IT SHALL APPEAR TO THE
SATISFACTION OF THE COURT OR JUSTICE THAT  THE  DEFENDANT  HAS  VIOLATED
THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS  ARTI-
CLE  HAS  OCCURRED,  IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE
HUNDRED DOLLARS  AND  NOT  MORE  THAN  TEN  THOUSAND  DOLLARS  FOR  EACH
VIOLATION.  IN  CONNECTION  WITH AN APPLICATION MADE UNDER THIS SUBDIVI-
SION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF  AND  TO  MAKE  A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.