S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6315
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  STIRPE,  THIELE,  McDONOUGH -- read once and
   referred to the Committee on Consumer Affairs and Protection
 
 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".
   §  2. The general business law is amended by adding a new section 399-
 nn to read as follows:
   § 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 (I) A PERSON OR  BUSINESS  THAT
 HAS  AN  ARRANGEMENT  WITH AN OEM FOR A DEFINITE OR INDEFINITE PERIOD IN
 WHICH THE OEM GRANTS TO A PERSON OR BUSINESS  LICENSE  TO  USE  A  TRADE
 NAME,  SERVICE MARK OR RELATED CHARACTERISTIC FOR THE PURPOSES OF OFFER-
 ING REPAIR SERVICES UNDER THE NAME OF THE OEM, OR (II) A PERSON OR BUSI-
 NESS RETAINED BY THE OEM TO PROVIDE REFURBISHING SERVICES FOR THE  OEM'S
 PRODUCT OR PRODUCTS.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07508-01-1

 A. 6315                             2
 
 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) "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.
   (L) "MOTOR VEHICLE MANUFACTURER" MEANS ANY PERSON OR BUSINESS  ENGAGED
 IN THE BUSINESS OF MANUFACTURING OR ASSEMBLING NEW MOTOR VEHICLES.
   (M)  "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

 A. 6315                             3
 
 REPAIR OF MOTOR VEHICLES OR MOTOR VEHICLE ENGINES PURSUANT TO SAID FRAN-
 CHISE AGREEMENT.
   (N)  "MANUFACTURER OF MOTOR VEHICLE EQUIPMENT" MEANS A PERSON OR BUSI-
 NESS ENGAGED IN THE BUSINESS OF MANUFACTURING  OR  SUPPLYING  COMPONENTS
 THAT  ARE  USED IN THE MANUFACTURE, SERVICING OR REPAIR OF A MOTOR VEHI-
 CLE.
   (O)  "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.
   (P) "AFTERMARKET" MEANS ANY ENTITY THAT PROVIDES SERVICE PARTS, ACCES-
 SORIES, SECOND-HAND EQUIPMENT, TOOLS, OR DIAGNOSTIC SUPPORT FOR THE CARE
 OR ENHANCEMENT OF ORIGINAL EQUIPMENT.
   2. FOR EQUIPMENT AND PARTS SOLD OR USED IN  THIS  STATE  IN  OR  AFTER
 CALENDAR  YEAR TWO THOUSAND TWELVE, THE OEMS OF SUCH EQUIPMENT AND PARTS
 SHALL MAKE AVAILABLE  TO  INDEPENDENT  REPAIR  PROVIDERS  OR  OWNERS  OF
 PRODUCTS MANUFACTURED BY SUCH OEM IN A TIMELY MANNER:
   (A)  (1)  DOCUMENTATION,  DIAGNOSTIC AND REPAIR INFORMATION, INCLUDING
 REPAIR TECHNICAL UPDATES, SCHEMATIC DIAGRAMS,  UPDATES,  CORRECTIONS  TO
 EMBEDDED  SOFTWARE AND SAFETY AND SECURITY PATCHES AT NO COST OR FOR THE
 SAME COST AND IN THE SAME FORMAT SUCH OEM  MAKES  SUCH  INFORMATION  AND
 MATERIAL AVAILABLE TO ITS AUTHORIZED REPAIR PROVIDER; AND
   (2)  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
 SHALL  NOT  REQUIRE AN AUTHORIZED REPAIR PROVIDER TO PURCHASE DOCUMENTA-
 TION, DIAGNOSTIC, SERVICE, OR REPAIR INFORMATION IN  PROPRIETARY  FORMAT
 IF  SUCH  INFORMATION  IS  SOLD  OR  PROVIDED  TO ANY INDEPENDENT REPAIR
 PROVIDER OR TO ANY OWNER IN A FORMAT THAT  IS  STANDARDIZED  WITH  OTHER
 OEMS,  ON  TERMS AND CONDITIONS MORE FAVORABLE THAN THE TERMS AND CONDI-
 TIONS PURSUANT TO WHICH THE AUTHORIZED REPAIR PROVIDER OBTAINS THE  SAME
 DIAGNOSTIC,  SERVICE  OR  REPAIR  INFORMATION,  UNLESS  SUCH PROPRIETARY
 FORMAT INCLUDES DOCUMENTATION, DIAGNOSTIC, SERVICE, OR REPAIR OPERATIONS
 INFORMATION OR FUNCTIONALITY 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

 A. 6315                             4
 
 DIAGNOSTIC,  SERVICE AND REPAIR INFORMATION NECESSARY TO RESET A SECURI-
 TY-RELATED ELECTRONIC FUNCTION FROM INFORMATION PROVIDED TO  OWNERS  AND
 INDEPENDENT  REPAIR FACILITIES UNLESS THE INFORMATION NECESSARY TO RESET
 AN  IMMOBILIZER  SYSTEM  OR  SECURITY-RELATED ELECTRONIC MODULE SHALL BE
 MADE AVAILABLE TO 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 IF SUCH AUTHORIZED REPAIR AGREEMENT IS
 EXECUTED OR EXTENDED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   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, MANUFACTURER OF
 MOTOR VEHICLE EQUIPMENT, OR MOTOR VEHICLE DEALERS  AS  DEFINED  IN  THIS
 SECTION.
   7.  NOTHING  IN THIS SECTION SHALL REQUIRE A MANUFACTURER OF A MEDICAL
 DEVICE AS DEFINED IN THIS SECTION TO IMPLEMENT  ANY  PROVISION  OF  THIS
 SECTION  THAT IS NOT PERMITTED UNDER THE FEDERAL FOOD, DRUG AND COSMETIC
 ACT OR ANY OTHER FEDERAL LAW, RULE OR REGULATION  THAT  SUPERSEDES  THIS
 SECTION.
   8. 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.
   9.  (A)  WHENEVER  THE  ATTORNEY  GENERAL  SHALL BELIEVE FROM EVIDENCE
 SATISFACTORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCI-
 ATION 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  INDI-

 A. 6315                             5
 
 RECTLY  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 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.