S T A T E O F N E W Y O R K
________________________________________________________________________
7006--B
2021-2022 Regular Sessions
I N A S S E M B L Y
April 19, 2021
___________
Introduced by M. of A. FAHY, LUPARDO, MAGNARELLI, GLICK, GOTTFRIED,
BRONSON, L. ROSENTHAL, STECK, McDONALD, DICKENS, REYES, SIMON,
GUNTHER, SEAWRIGHT, PHEFFER AMATO, NIOU, COLTON, GRIFFIN, FALL, GALEF,
ZINERMAN, BURKE, HUNTER, WOERNER, J. RIVERA, MAMDANI, JACKSON,
FORREST, THIELE, B. MILLER, CLARK, HEVESI, BLANKENBUSH, JEAN-PIERRE,
KIM, WALLACE, CARROLL, LUNSFORD, BURDICK, GALLAGHER, JACOBSON, BURGOS,
GIBBS, KELLES, GONZALEZ-ROJAS, ZEBROWSKI, ENGLEBRIGHT, STERN --
Multi-Sponsored by -- M. of A. BRAUNSTEIN, DAVILA -- read once and
referred to the Committee on Consumer Affairs and Protection -- recom-
mitted to the Committee on Consumer Affairs and Protection in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Codes -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
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".
§ 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) "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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06580-13-2
A. 7006--B 2
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
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.
A. 7006--B 3
(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:
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.
A. 7006--B 4
(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.
(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.
A. 7006--B 5
(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.
(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-
A. 7006--B 6
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
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.
§ 3. This act shall take effect one year after it shall have become a
law.