S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4104--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  BRESLIN, THOMAS, BIAGGI, BRISPORT, BROUK, COMRIE,
   COONEY, GIANARIS, HINCHEY, HOYLMAN, MYRIE, REICHLIN-MELNICK,  SALAZAR,
   SKOUFIS  --  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 committee
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06580-12-2
 S. 4104--A                          2
              

 
 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.
   (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:
 S. 4104--A                          3
 
   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.
   (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.
 S. 4104--A                          4
 
   (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.
   (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.
 S. 4104--A                          5
 
   (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-
 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
 S. 4104--A                          6
 
 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.