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

                                 6068--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by M. of A. MORELLE, STIRPE, WOERNER, SKOUFIS, COLTON, BENE-
  DETTO, GOTTFRIED, GUNTHER, FAHY, LAVINE -- Multi-Sponsored by -- M. of
  A.  BRAUNSTEIN, GALEF, LENTOL, LUPARDO, SIMANOWITZ, SIMON,  SKARTADOS,
  WEINSTEIN  --  read  once  and  referred  to the Committee on Consumer
  Affairs and Protection -- recommitted to  the  Committee  on  Consumer
  Affairs  and  Protection in accordance with Assembly Rule 3, sec. 2 --
  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 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 "fair repair act".
  S 2. The general business law is amended by adding a new section  399-
nn to read as follows:
  S  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)  "ORIGINAL  EQUIPMENT  MANUFACTURER"  OR "OEM" MEANS ANY PERSON OR
BUSINESS WHO, IN THE ORDINARY COURSE OF ITS BUSINESS, IS ENGAGED IN  THE
BUSINESS OF SELLING OR LEASING NEW DIGITAL ELECTRONIC EQUIPMENT OR PARTS
OF  EQUIPMENT TO ANY PERSON OR BUSINESS AND IS ENGAGED IN THE DIAGNOSIS,
SERVICE, MAINTENANCE OR REPAIR OF DIGITAL ELECTRONIC EQUIPMENT OR  PARTS
OF SUCH EQUIPMENT.
  (B)  "AUTHORIZED  REPAIR PROVIDER" MEANS A PERSON OR BUSINESS THAT HAS
AN ARRANGEMENT FOR A DEFINITE OR  INDEFINITE  PERIOD  IN  WHICH  AN  OEM
GRANTS  TO A SEPARATE BUSINESS ORGANIZATION OR INDIVIDUAL LICENSE TO USE
A TRADE NAME, SERVICE MARK OR RELATED CHARACTERISTIC FOR THE PURPOSES OF
OFFERING REPAIR SERVICES UNDER THE NAME OF THE OEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07386-11-6

              

A. 6068--A                          2

  (C) "INDEPENDENT REPAIR PROVIDER" MEANS A PERSON OR BUSINESS OPERATING
IN THE STATE OF NEW YORK THAT IS NOT AFFILIATED WITH AN OEM OR AN  OEM'S
AUTHORIZED  REPAIR PROVIDER, WHICH IS ENGAGED IN THE DIAGNOSIS, SERVICE,
MAINTENANCE OR REPAIR OF EQUIPMENT; PROVIDED,  HOWEVER,  THAT,  FOR  THE
PURPOSES  OF  THIS  SECTION,  AN  OEM SHALL BE CONSIDERED AN INDEPENDENT
REPAIR PROVIDER FOR THE  PURPOSES  OF  THOSE  INSTANCES  WHEN  SUCH  OEM
ENGAGES  IN  THE  DIAGNOSIS,  SERVICE,  MAINTENANCE OR REPAIR OF DIGITAL
EQUIPMENT THAT IS NOT AFFILIATED WITH THE OEM.
  (D) "OWNER" MEANS A PERSON OR BUSINESS WHO OWNS OR  LEASES  A  DIGITAL
ELECTRONIC PRODUCT PURCHASED OR USED IN THE STATE OF NEW YORK.
  (E)  "DOCUMENTATION" MEANS ANY MANUALS, DIAGRAMS, REPORTING OUTPUT, OR
SERVICE CODE DESCRIPTIONS PROVIDED TO THE AUTHORIZED REPAIR PROVIDER FOR
THE PURPOSES OF EFFECTING REPAIR.
  (F) "DIGITAL ELECTRONIC EQUIPMENT" OR  "EQUIPMENT"  MEANS  A  PART  OR
EQUIPMENT  ORIGINALLY  MANUFACTURED  FOR  DISTRIBUTION  AND  SALE IN THE
UNITED STATES.
  (G) "EMBEDDED SOFTWARE" MEANS ANY PROGRAMMABLE  INSTRUCTIONS  PROVIDED
ON  FIRMWARE  DELIVERED  WITH  THE EQUIPMENT OR PART FOR THE PURPOSES OF
EQUIPMENT OPERATION, INCLUDING ALL RELEVANT PATCHES AND  FIXES  MADE  BY
THE  MANUFACTURER  FOR THIS PURPOSE, INCLUDING, BUT NOT LIMITED TO SYNO-
NYMS "BASIC INTERNAL OPERATING  SYSTEM",  "INTERNAL  OPERATING  SYSTEM",
"MACHINE CODE", "ASSEMBLY CODE", "ROOT CODE", AND "MICROCODE".
  (H)  "REMOTE  DIAGNOSTICS"  MEANS  ANY  REMOTE  DATA TRANSFER FUNCTION
BETWEEN EQUIPMENT AND THE PROVIDER  OF  REPAIR  SERVICES  INCLUDING  FOR
PURPOSES  OF REMOTE DIAGNOSTICS, SETTING CONTROLS, OR LOCATION IDENTIFI-
CATION.
  (I) "SERVICE PARTS" OR "PARTS" MEANS ANY REPLACEMENT PARTS, EITHER NEW
OR USED, MADE AVAILABLE BY THE OEM TO THE AUTHORIZED REPAIR PROVIDER FOR
THE PURPOSES OF EFFECTING REPAIR.
  (J) "FAIR AND REASONABLE TERMS" MEANS AN EQUITABLE PRICE IN  LIGHT  OF
RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (I)  THE NET COST TO THE AUTHORIZED REPAIR PROVIDER FOR SIMILAR INFOR-
MATION OBTAINED FROM AN OEM,  LESS  ANY  DISCOUNTS,  REBATES,  OR  OTHER
INCENTIVE PROGRAMS;
  (II)  THE  COST TO THE OEM FOR PREPARING AND DISTRIBUTING THE INFORMA-
TION, EXCLUDING ANY RESEARCH AND DEVELOPMENT COSTS INCURRED IN DESIGNING
AND IMPLEMENTING, UPGRADING OR ALTERING THE PRODUCT, BUT INCLUDING AMOR-
TIZED CAPITAL COSTS FOR THE PREPARATION AND DISTRIBUTION OF THE INFORMA-
TION;
  (III) THE PRICE CHARGED BY OTHER OEMS FOR SIMILAR INFORMATION;
  (IV) THE PRICE CHARGED BY OEMS FOR SIMILAR INFORMATION  PRIOR  TO  THE
LAUNCH OF OEM WEB SITES;
  (V)  THE  ABILITY  OF  AFTERMARKET  TECHNICIANS OR SHOPS TO AFFORD THE
INFORMATION;
  (VI) THE MEANS BY WHICH THE INFORMATION IS DISTRIBUTED;
  (VII) THE EXTENT TO WHICH THE INFORMATION IS USED, WHICH INCLUDES  THE
NUMBER OF USERS, AND FREQUENCY, DURATION, AND VOLUME OF USE; AND
  (VIII) INFLATION.
  (K)  "TRADE SECRET" MEANS ANYTHING TANGIBLE OR INTANGIBLE OR ELECTRON-
ICALLY STORED  OR  KEPT  WHICH  CONSTITUTES,  REPRESENTS,  EVIDENCES  OR
RECORDS  INTELLECTUAL  PROPERTY  INCLUDING SECRET OR CONFIDENTIALLY HELD
DESIGNS, PROCESSES, PROCEDURES, FORMULAS, INVENTIONS OR IMPROVEMENTS, OR
SECRET OR  CONFIDENTIALLY  HELD  SCIENTIFIC,  TECHNICAL,  MERCHANDISING,
PRODUCTION,  FINANCIAL,  BUSINESS OR MANAGEMENT INFORMATION, OR ANYTHING
WITHIN THE DEFINITION OF PARAGRAPH THREE OF SECTION 1839 OF TITLE  EIGH-
TEEN OF THE UNITED STATES CODE.

A. 6068--A                          3

  (L)  "MOTOR VEHICLE" MEANS ANY VEHICLE THAT IS DESIGNED FOR TRANSPORT-
ING PERSONS OR PROPERTY ON A STREET OR HIGHWAY AND THAT IS CERTIFIED  BY
THE MANUFACTURER UNDER ALL APPLICABLE FEDERAL SAFETY AND EMISSIONS STAN-
DARDS  AND  REQUIREMENTS FOR DISTRIBUTION AND SALE IN THE UNITED STATES,
BUT  EXCLUDING  (I)  A  MOTORCYCLE; OR (II) A RECREATIONAL VEHICLE OR AN
AUTO HOME EQUIPPED FOR HABITATION.
  (M) "MOTOR VEHICLE MANUFACTURER" MEANS ANY PERSON OR BUSINESS  ENGAGED
IN THE BUSINESS OF MANUFACTURING OR ASSEMBLING NEW MOTOR VEHICLES.
  (N)  "MOTOR  VEHICLE  DEALER" MEANS ANY PERSON OR BUSINESS WHO, IN THE
ORDINARY COURSE OF ITS BUSINESS, IS ENGAGED IN THE BUSINESS  OF  SELLING
OR  LEASING  NEW  MOTOR  VEHICLES  TO A PERSON OR BUSINESS PURSUANT TO A
FRANCHISE AGREEMENT AND WHO HAS OBTAINED A LICENSE,  AS  REQUIRED  UNDER
APPLICABLE LAW, AND IS ENGAGED IN THE DIAGNOSIS, SERVICE, MAINTENANCE OR
REPAIR OF MOTOR VEHICLES OR MOTOR VEHICLE ENGINES PURSUANT TO SAID FRAN-
CHISE AGREEMENT.
  2. (A) FOR EQUIPMENT AND PARTS SOLD OR USED IN THIS STATE, THE OEMS OF
SUCH  EQUIPMENT AND PARTS SHALL (I) MAKE AVAILABLE TO INDEPENDENT REPAIR
PROVIDERS OR OWNERS OF PRODUCTS MANUFACTURED BY SUCH OEM DIAGNOSTIC  AND
REPAIR  INFORMATION,  INCLUDING  REPAIR  TECHNICAL  UPDATES, UPDATES AND
CORRECTIONS TO EMBEDDED SOFTWARE FOR NO CHARGE OR  IN  THE  SAME  MANNER
SUCH OEM MAKES AVAILABLE TO ITS AUTHORIZED REPAIR PROVIDER; AND
  (II)  MAKE  AVAILABLE  FOR PURCHASE BY THE EQUIPMENT OWNER, HIS OR HER
AUTHORIZED AGENT OR INDEPENDENT REPAIR PROVIDER, PARTS, INCLUSIVE OF ANY
UPDATES TO THE EMBEDDED SOFTWARE OF THE PARTS, UPON FAIR AND  REASONABLE
TERMS.  NOTHING  IN THIS SUBDIVISION SHALL REQUIRE THE OEM TO SELL PARTS
IF THE PARTS ARE NO LONGER AVAILABLE TO THE OEM OR THE AUTHORIZED REPAIR
PROVIDER OF THE OEM.
  (B) ANY OEM THAT SELLS ANY DIAGNOSTIC, SERVICE, OR REPAIR  INFORMATION
TO  ANY  INDEPENDENT REPAIR PROVIDER OR TO ANY OWNER IN A FORMAT THAT IS
STANDARDIZED WITH OTHER OEMS, AND ON TERMS AND CONDITIONS MORE FAVORABLE
THAN THE MANNER AND THE TERMS  AND  CONDITIONS  PURSUANT  TO  WHICH  THE
AUTHORIZED  REPAIR  PROVIDER  OBTAINS  THE  SAME  DIAGNOSTIC, SERVICE OR
REPAIR INFORMATION, SHALL BE PROHIBITED FROM  REQUIRING  ANY  AUTHORIZED
REPAIR  PROVIDER  TO  CONTINUE PURCHASING DIAGNOSTIC, SERVICE, OR REPAIR
INFORMATION IN A PROPRIETARY  FORMAT,  UNLESS  SUCH  PROPRIETARY  FORMAT
INCLUDES  DIAGNOSTIC, SERVICE, OR REPAIR OPERATIONS INFORMATION OR FUNC-
TIONALITY THAT IS NOT AVAILABLE IN SUCH STANDARDIZED FORMAT.
  (C) EACH OEM OF EQUIPMENT SOLD OR USED IN THE STATE OF NEW YORK  SHALL
MAKE  AVAILABLE FOR PURCHASE BY OWNERS AND INDEPENDENT REPAIR FACILITIES
ALL DIAGNOSTIC REPAIR TOOLS INCORPORATING THE  SAME  DIAGNOSTIC,  REPAIR
AND  REMOTE COMMUNICATIONS CAPABILITIES THAT SUCH OEM MAKES AVAILABLE TO
ITS OWN REPAIR OR ENGINEERING STAFF OR ANY AUTHORIZED  REPAIR  PROVIDER.
EACH  OEM  SHALL  OFFER SUCH TOOLS FOR SALE TO OWNERS AND TO INDEPENDENT
REPAIR FACILITIES UPON FAIR AND REASONABLE TERMS.
  EACH OEM THAT PROVIDES DIAGNOSTIC REPAIR  INFORMATION  TO  AFTERMARKET
TOOL,  DIAGNOSTICS,  OR THIRD PARTY SERVICE INFORMATION PUBLICATIONS AND
SYSTEMS SHALL HAVE FULLY SATISFIED ITS OBLIGATIONS  UNDER  THIS  SECTION
AND  THEREAFTER  NOT BE RESPONSIBLE FOR THE CONTENT AND FUNCTIONALITY OF
AFTERMARKET DIAGNOSTIC TOOLS OR SERVICE INFORMATION SYSTEMS.
  (D) OEM EQUIPMENT OR PARTS SOLD OR USED IN THE STATE OF NEW  YORK  FOR
THE  PURPOSE  OF  PROVIDING  SECURITY-RELATED  FUNCTIONS MAY NOT EXCLUDE
DIAGNOSTIC, SERVICE AND REPAIR INFORMATION NECESSARY TO RESET A  SECURI-
TY-RELATED  ELECTRONIC  FUNCTION FROM INFORMATION PROVIDED TO OWNERS AND
INDEPENDENT REPAIR FACILITIES.  IF EXCLUDED UNDER  THIS  PARAGRAPH,  THE
INFORMATION NECESSARY TO RESET AN IMMOBILIZER SYSTEM OR SECURITY-RELATED

A. 6068--A                          4

ELECTRONIC  MODULE  SHALL  BE  OBTAINED BY OWNERS AND INDEPENDENT REPAIR
FACILITIES THROUGH THE APPROPRIATE SECURE DATA RELEASE SYSTEMS.
  3.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE AN OEM TO
DIVULGE A TRADE SECRET.
  4. NOTWITHSTANDING ANY LAW, RULE OR REGULATION  TO  THE  CONTRARY,  NO
PROVISION  IN  THIS  SECTION  SHALL BE READ, INTERPRETED OR CONSTRUED TO
ABROGATE, INTERFERE WITH, CONTRADICT OR ALTER THE TERMS OF ANY AGREEMENT
EXECUTED AND IN FORCE BETWEEN AN AUTHORIZED REPAIR PROVIDER AND  AN  OEM
INCLUDING,  BUT NOT LIMITED TO, THE PERFORMANCE OR PROVISION OF WARRANTY
OR RECALL REPAIR WORK BY AN AUTHORIZED REPAIR PROVIDER ON BEHALF  OF  AN
OEM  PURSUANT  TO  SUCH  AUTHORIZED REPAIR AGREEMENT; PROVIDED, HOWEVER,
THAT ANY PROVISION IN SUCH AN AUTHORIZED REPAIR AGREEMENT THAT  PURPORTS
TO WAIVE, AVOID, RESTRICT OR LIMIT AN OEM'S COMPLIANCE WITH THIS SECTION
SHALL BE VOID AND UNENFORCEABLE.
  5.  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO REQUIRE OEMS OR
AUTHORIZED REPAIR PROVIDERS TO PROVIDE AN OWNER  OR  INDEPENDENT  REPAIR
PROVIDER  ACCESS TO NON-DIAGNOSTIC AND REPAIR INFORMATION PROVIDED BY AN
OEM TO AN AUTHORIZED REPAIR PROVIDER PURSUANT TO THE TERMS OF AN AUTHOR-
IZING AGREEMENT.
  6. NOTHING IN THIS SECTION SHALL APPLY TO MOTOR VEHICLE MANUFACTURERS,
ANY PRODUCT OR SERVICE OF A MOTOR VEHICLE MANUFACTURER OR MOTOR  VEHICLE
DEALERS AS DEFINED IN THIS SECTION.
  7. ANY INDEPENDENT REPAIR PROVIDER THAT PURCHASES OR ACQUIRES EMBEDDED
SOFTWARE  OR  SERVICE  PARTS  SHALL, PRIOR TO PERFORMING ANY SERVICES ON
DIGITAL ELECTRONIC EQUIPMENT, NOTIFY THE  OWNER  OF  SUCH  EQUIPMENT  IN
WRITING THAT:
  (A)  CONSUMERS  SHOULD REVIEW THE TERMS AND CONDITIONS OF THE WARRANTY
FOR SUCH DIGITAL ELECTRONIC EQUIPMENT AS REPAIRS  NOT  PERFORMED  BY  AN
AUTHORIZED  REPAIR PROVIDER COULD AFFECT THE TERMS AND CONDITIONS OF THE
WARRANTY;
  (B) WARRANTORS CANNOT REQUIRE THAT ONLY BRANDED PARTS BE USED WITH THE
PRODUCT IN ORDER TO RETAIN THE WARRANTY;
  (C) WARRANTORS SHALL DEMONSTRATE THAT A DEFECT OR DAMAGE WAS CAUSED BY
INDEPENDENT REPAIR TO AFFECT THE WARRANTY;
  (D) WARRANTIES ARE GOVERNED BY THE FEDERAL MAGNUSON-MOSS WARRANTY ACT;
AND
  (E) SUCH INDEPENDENT REPAIR  PROVIDER  IS  NOT  AN  AUTHORIZED  REPAIR
PROVIDER FOR SUCH DIGITAL ELECTRONIC EQUIPMENT.
  8.  THE  CONSUMER  PROTECTION  DIVISION  SHALL  DEVELOP, ESTABLISH AND
IMPLEMENT A PUBLIC  OUTREACH  PROGRAM  DIRECTED  AT  INDEPENDENT  REPAIR
PROVIDERS,  CONSUMERS AND DIGITAL ELECTRONIC ORIGINAL EQUIPMENT MANUFAC-
TURERS TO INFORM THEM OF THEIR RIGHTS AND RESPONSIBILITIES  PURSUANT  TO
THIS  SECTION.  SUCH  PUBLIC  OUTREACH SHALL INCLUDE BROCHURES, CONSUMER
GUIDES, POSTERS OR ANY COMBINATION THEREOF AND MADE AVAILABLE TO CONSUM-
ERS AND OTHER STAKEHOLDERS BY ANY MEANS DEEMED APPROPRIATE BY SUCH DIVI-
SION AND MAY INCLUDE INTERNET, RADIO, AND PRINT ADVERTISING. THE  PUBLIC
OUTREACH  MAY  ALSO  IDENTIFY AND RECRUIT INDIVIDUALS OR TRADE ORGANIZA-
TIONS TO ASSIST IN DISTRIBUTING  THIS  INFORMATION  AND  MATERIALS.  THE
PUBLIC  OUTREACH  SHALL  BEGIN NO LATER THAN THE THIRTIETH DAY AFTER THE
EFFECTIVE DATE OF THIS SECTION.
  9. (A) WHENEVER THE  ATTORNEY  GENERAL  SHALL  BELIEVE  FROM  EVIDENCE
SATISFACTORY TO HIM 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 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

A. 6068--A                          5

ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH  ACTS
OR  PRACTICES  IN  VIOLATION OF THIS SECTION. IN SUCH ACTION PRELIMINARY
RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF  THE  CIVIL  PRACTICE
LAW AND RULES.
  (B) BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
PROCEEDINGS  SHOULD  NOT  BE INSTITUTED AGAINST HIM, UNLESS THE ATTORNEY
GENERAL SHALL FIND, IN ANY CASE IN WHICH HE  SEEKS  PRELIMINARY  RELIEF,
THAT TO GIVE 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 OF THE ACTS OR PRACTICES TO BE 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.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided,  however, that subdivision 7 of section
399-nn of the general business law, as added by section two of this  act
shall take effect on the ninetieth day after it shall have become a law.