NY State Assembly Bill 2025-A6601A

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2025	print number 6601a
Mar 13, 2025	amend (t) and recommit to consumer affairs and protection
Mar 06, 2025	referred to consumer affairs and protection

Bill Amendments

Original

A (Active)

2025-A6601 - Details

See Senate Version of this Bill:: S5771
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add Art 33-C §§698 & 698-a, Gen Bus L

2025-A6601 - Summary

Requires original manufacturers of agricultural equipment to make certain documentation, parts, and tools required for the diagnosis, maintenance, or repair of agricultural equipment available, on fair and reasonable terms, to independent repair providers and owners of agricultural equipment manufactured and sold on or after July 1, 2015.

2025-A6601 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6601
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend the general business law, in relation to establishing
   the "right to repair farm equipment act" to require original equipment
   manufacturers to  make  certain  equipment  available  to  independent
   repair providers under fair and reasonable terms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "right  to
 repair farm equipment act".
   §  2. The general business law is amended by adding a new article 33-C
 to read as follows:
                                ARTICLE 33-C
                      RIGHT TO REPAIR FARM EQUIPMENT
 SECTION 698. RIGHT OF  CONSUMERS  TO  DIAGNOSE,  SERVICE,  MAINTAIN  AND
                REPAIR FARM EQUIPMENT.
   §  698.  RIGHT  OF CONSUMERS TO DIAGNOSE, SERVICE, MAINTAIN AND REPAIR
 FARM EQUIPMENT. (A) DEFINITIONS. AS USED IN THIS SECTION:
   (1) "AUTHORIZED REPAIR PROVIDER" MEANS: (I) A PERSON OR BUSINESS  THAT
 HAS  AN ARRANGEMENT FOR A DEFINITE OR INDEFINITE PERIOD WITH AN ORIGINAL
 EQUIPMENT MANUFACTURER IN  WHICH  THE  ORIGINAL  EQUIPMENT  MANUFACTURER
 GRANTS  TO  A  PERSON  OR  BUSINESS LICENSE TO USE A TRADE NAME, SERVICE
 MARK, OR RELATED CHARACTERISTIC FOR  THE  PURPOSES  OF  OFFERING  REPAIR
 SERVICES  UNDER THE NAME OF THE ORIGINAL EQUIPMENT MANUFACTURER; OR (II)
 A PERSON OR BUSINESS RETAINED BY THE ORIGINAL EQUIPMENT MANUFACTURER  TO
 PROVIDE  REFURBISHING SERVICES FOR THE ORIGINAL EQUIPMENT MANUFACTURER'S
 PRODUCT OR PRODUCTS.
   (2) "EMBEDDED SOFTWARE" MEANS ANY PROGRAMMABLE  INSTRUCTIONS  PROVIDED
 ON  FIRMWARE  DELIVERED WITH THE EQUIPMENT FOR THE PURPOSES OF EQUIPMENT
 OPERATION, INCLUDING ALL RELEVANT PATCHES AND FIXES MADE BY THE ORIGINAL
 EQUIPMENT MANUFACTURER FOR THIS PURPOSE, INCLUDING, BUT NOT  LIMITED  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08785-01-5

 A. 6601                             2
 
 SYNONYMS  FOR  "BASIC  INTERNAL  OPERATING  SYSTEM", "INTERNAL OPERATING
 SYSTEM", "MACHINE CODE", "ASSEMBLY CODE", "ROOT CODE", AND "MICROCODE".
   (3)  "EQUIPMENT" MEANS DIGITAL ELECTRONIC EQUIPMENT OR A PART FOR SUCH
 EQUIPMENT ORIGINALLY MANUFACTURED  FOR  DISTRIBUTION  AND  SALE  IN  THE
 UNITED STATES.
   (4)  "FAIR  AND REASONABLE TERMS" MEANS AN EQUITABLE PRICE IN LIGHT OF
 RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO:
   (I) THE NET COST TO THE AUTHORIZED REPAIR PROVIDER FOR SIMILAR  INFOR-
 MATION  OBTAINED  FROM  AN  ORIGINAL  EQUIPMENT  MANUFACTURER,  LESS ANY
 DISCOUNTS, REBATES, OR OTHER INCENTIVE PROGRAMS;
   (II) THE COST TO THE ORIGINAL EQUIPMENT MANUFACTURER FOR PREPARING AND
 DISTRIBUTING THE INFORMATION, EXCLUDING  ANY  RESEARCH  AND  DEVELOPMENT
 COSTS INCURRED IN DESIGNING AND IMPLEMENTING, UPGRADING, OR ALTERING THE
 PRODUCT,  BUT  INCLUDING AMORTIZED CAPITAL COSTS FOR THE PREPARATION AND
 DISTRIBUTION OF THE INFORMATION;
   (III) THE PRICE CHARGED BY OTHER ORIGINAL EQUIPMENT MANUFACTURERS  FOR
 SIMILAR INFORMATION;
   (IV) THE PRICE CHARGED BY ORIGINAL EQUIPMENT MANUFACTURERS FOR SIMILAR
 INFORMATION  PRIOR  TO  THE  LAUNCH  OF  ORIGINAL EQUIPMENT MANUFACTURER
 WEBSITES;
   (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, INCLUDING THE
 NUMBER OF USERS, AND THE FREQUENCY, DURATION, AND VOLUME OF USE; AND
   (VIII) INFLATION.
   (5) "FARM EQUIPMENT"  MEANS  ANY  SELF-PROPELLED  FARM  EQUIPMENT  AND
 IMPLEMENTS  OF  HUSBANDRY  AND THE ACCESSORIES AND PARTS INCLUDED IN THE
 SALE OR LEASE OF SAME DESIGNED AND MANUFACTURED PRIMARILY TO BE USED FOR
 AGRICULTURAL PURPOSES FOR WHICH THE PURCHASE OR  LEASE  PRICE  FOR  EACH
 PIECE OF FARM EQUIPMENT EXCEEDS ONE THOUSAND FIVE HUNDRED DOLLARS.
   (6)  "FARM  EQUIPMENT DEALER" MEANS ANY PERSON OR BUSINESS WHO, IN THE
 ORDINARY COURSE OF BUSINESS, IS ENGAGED IN THE BUSINESS  OF  SELLING  OR
 LEASING  NEW  FARM EQUIPMENT TO A PERSON OR BUSINESS PURSUANT TO A FRAN-
 CHISE AGREEMENT, WHO HAS OBTAINED A LICENSE AS A FARM EQUIPMENT  DEALER,
 AND  WHO IS ENGAGED IN THE DIAGNOSIS, SERVICE, MAINTENANCE, OR REPAIR OF
 FARM EQUIPMENT OR FARM EQUIPMENT  ENGINES  PURSUANT  TO  SUCH  FRANCHISE
 AGREEMENT.
   (7) "FARM EQUIPMENT MANUFACTURER" MEANS ANY PERSON OR BUSINESS ENGAGED
 IN THE BUSINESS OF MANUFACTURING OR ASSEMBLING NEW FARM EQUIPMENT.
   (8)  "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF INSTRUCTIONS
 PROGRAMMED ON A HARDWARE DEVICE TO ALLOW THE DEVICE TO COMMUNICATE  WITH
 OTHER COMPUTER HARDWARE.
   (9) "INDEPENDENT REPAIR PROVIDER" MEANS A PERSON OR BUSINESS OPERATING
 IN  THIS STATE WHO IS NOT AFFILIATED WITH AN ORIGINAL EQUIPMENT MANUFAC-
 TURER OR AN ORIGINAL EQUIPMENT MANUFACTURER'S AUTHORIZED REPAIR PROVIDER
 AND WHO IS ENGAGED IN THE DIAGNOSIS, SERVICE, MAINTENANCE, OR REPAIR  OF
 EQUIPMENT;  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS SECTION, AN
 ORIGINAL EQUIPMENT  MANUFACTURER  SHALL  BE  CONSIDERED  AN  INDEPENDENT
 REPAIR  PROVIDER  FOR  PURPOSES  OF  THOSE  INSTANCES WHEN SUCH ORIGINAL
 EQUIPMENT MANUFACTURER ENGAGES IN THE DIAGNOSIS,  SERVICE,  MAINTENANCE,
 OR  REPAIR  OF EQUIPMENT THAT IS NOT AFFILIATED WITH THE ORIGINAL EQUIP-
 MENT MANUFACTURER.
   (10) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS ANY  PERSON  OR  BUSINESS
 WHO,  IN  THE ORDINARY COURSE OF THEIR BUSINESS, IS ENGAGED IN THE BUSI-
 NESS OF SELLING OR LEASING NEW EQUIPMENT TO ANY PERSON OR  BUSINESS  AND
 A. 6601                             3
 
 IS  ENGAGED  IN THE DIAGNOSIS, SERVICE, MAINTENANCE, OR REPAIR OF EQUIP-
 MENT.
   (11)  "OWNER"  MEANS A PERSON OR BUSINESS WHO OWNS OR LEASES A DIGITAL
 ELECTRONIC PRODUCT PURCHASED OR USED IN THIS STATE.
   (12) "PART" OR "SERVICE PART" MEANS ANY REPLACEMENT PART,  EITHER  NEW
 OR  USED,  MADE  AVAILABLE BY THE ORIGINAL EQUIPMENT MANUFACTURER TO THE
 AUTHORIZED REPAIR PROVIDER FOR PURPOSES OF EFFECTING REPAIR.
   (13) "REMOTE DIAGNOSTICS" MEANS  ANY  REMOTE  DATA  TRANSFER  FUNCTION
 BETWEEN  EQUIPMENT AND THE PROVIDER OF REPAIR SERVICES INCLUDING FOR THE
 PURPOSES OF REMOTE DIAGNOSTICS, SETTINGS CONTROLS, OR LOCATION IDENTIFI-
 CATION;
   (14) "SERVICE PARTS" OR "PARTS" MEANS ANY  REPLACEMENT  PARTS,  EITHER
 NEW  OR  USED,  MADE AVAILABLE BY THE ORIGINAL EQUIPMENT MANUFACTURER TO
 THE AUTHORIZED REPAIR PROVIDER FOR THE PURPOSES OF EFFECTING REPAIR.
   (B) REQUIREMENTS. (1) FOR EQUIPMENT AND PARTS SOLD AND  USED  IN  THIS
 STATE,  THE  ORIGINAL EQUIPMENT MANUFACTURER OF SUCH EQUIPMENT AND PARTS
 SHALL:
   (I) MAKE AVAILABLE TO INDEPENDENT REPAIR PROVIDERS OR OWNERS OF EQUIP-
 MENT MANUFACTURED BY SUCH ORIGINAL EQUIPMENT MANUFACTURER THE SAME DIAG-
 NOSTIC AND REPAIR INFORMATION, INCLUDING REPAIR TECHNICAL UPDATES, SCHE-
 MATIC DIAGRAMS, UPDATES, CORRECTIONS TO EMBEDDED SOFTWARE AND SAFETY AND
 SECURITY PATCHES TIMELY, AND FOR NO CHARGE OR FOR THE SAME CHARGE AND IN
 THE SAME FORMAT SUCH ORIGINAL EQUIPMENT MANUFACTURER MAKES AVAILABLE  TO
 ITS  AUTHORIZED  REPAIR PROVIDER AND SUBCONTRACT REPAIR OF REFURBISHMENT
 FACILITIES; AND
   (II) MAKE AVAILABLE FOR PURCHASE BY THE OWNER, THEIR AUTHORIZED AGENT,
 OR INDEPENDENT REPAIR PROVIDER, EQUIPMENT OR SERVICE PARTS, INCLUSIVE OF
 ANY UPDATES TO THE EMBEDDED SOFTWARE OF THE  EQUIPMENT  OR  PARTS,  UPON
 FAIR AND REASONABLE TERMS.
   NOTHING  IN THIS SECTION SHALL REQUIRE THE ORIGINAL EQUIPMENT MANUFAC-
 TURER TO SELL EQUIPMENT OR SERVICE PARTS IF  THE  PARTS  ARE  NO  LONGER
 AVAILABLE  TO  THE  ORIGINAL  EQUIPMENT  MANUFACTURER  OR THE AUTHORIZED
 REPAIR PROVIDER OF THE ORIGINAL EQUIPMENT MANUFACTURER.
   (2) ANY ORIGINAL EQUIPMENT MANUFACTURER  THAT  SELLS  ANY  DIAGNOSTIC,
 SERVICE,  OR  REPAIR DOCUMENTATION TO ANY INDEPENDENT REPAIR PROVIDER OR
 TO ANY OWNER IN A FORMAT THAT IS STANDARDIZED WITH OTHER ORIGINAL EQUIP-
 MENT MANUFACTURERS, 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 DOCUMEN-
 TATION, SHALL BE PROHIBITED FROM REQUIRING ANY AUTHORIZED REPAIR PROVID-
 ER TO CONTINUE PURCHASING DIAGNOSTIC, SERVICE, OR  REPAIR  DOCUMENTATION
 IN  A  PROPRIETARY FORMAT, UNLESS SUCH PROPRIETARY FORMAT INCLUDES DIAG-
 NOSTIC, SERVICE, OR REPAIR DOCUMENTATION OR FUNCTIONALITY  THAT  IS  NOT
 AVAILABLE IN SUCH STANDARDIZED FORMAT.
   (3) (I) EACH ORIGINAL EQUIPMENT MANUFACTURER OF EQUIPMENT SOLD OR USED
 IN THE STATE SHALL MAKE AVAILABLE FOR PURCHASE BY OWNERS AND INDEPENDENT
 REPAIR  PROVIDERS  ALL  DIAGNOSTIC  REPAIR  TOOLS INCORPORATING THE SAME
 DIAGNOSTIC, REPAIR, AND REMOTE  COMMUNICATIONS  CAPABILITIES  THAT  SUCH
 ORIGINAL  EQUIPMENT  MANUFACTURER  MAKES  AVAILABLE TO ITS OWN REPAIR OR
 ENGINEERING STAFF OR ANY AUTHORIZED REPAIR PROVIDER.
   (II) EACH ORIGINAL EQUIPMENT MANUFACTURER SHALL OFFER SUCH  TOOLS  FOR
 SALE TO OWNERS AND INDEPENDENT REPAIR PROVIDERS UPON FAIR AND REASONABLE
 TERMS.  EACH  ORIGINAL  EQUIPMENT  MANUFACTURER THAT PROVIDES DIAGNOSTIC
 REPAIR DOCUMENTATION TO  AFTERMARKET  DIAGNOSTIC  TOOL,  DIAGNOSTIC,  OR
 THIRD  PARTY  SERVICE  INFORMATION  PUBLICATIONS  AND SYSTEMS SHALL HAVE
 FULLY SATISFIED ITS OBLIGATIONS UNDER THIS SECTION AND THEREAFTER NOT BE
 A. 6601                             4
 
 RESPONSIBLE FOR THE CONTENT AND FUNCTIONALITY OF SUCH AFTERMARKET  DIAG-
 NOSTIC TOOLS, DIAGNOSTICS, OR SERVICE INFORMATION SYSTEMS.
   (4) ORIGINAL EQUIPMENT MANUFACTURER EQUIPMENT OR PARTS SOLD OR USED IN
 THE  STATE  FOR  THE PURPOSE OF PROVIDING SECURITY-RELATED FUNCTIONS MAY
 NOT EXCLUDE DIAGNOSTIC, SERVICE, AND  REPAIR  INFORMATION  NECESSARY  TO
 RESET  A  SECURITY 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 ELECTRONIC MODULE SHALL BE OBTAINED BY OWNERS AND INDE-
 PENDENT REPAIR FACILITIES THROUGH THE APPROPRIATE  SECURE  DATA  RELEASE
 SYSTEMS.
   (C)  LIMITATIONS.  (1)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
 THE CONTRARY, NO PROVISION OF 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 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 AUTHORIZED REPAIR AGREEMENT,  EXCEPT  THAT
 ANY  PROVISION  IN  SUCH AN AUTHORIZED REPAIR AGREEMENT THAT PURPORTS TO
 WAIVE, AVOID, RESTRICT, OR LIMIT AN  ORIGINAL  EQUIPMENT  MANUFACTURER'S
 COMPLIANCE WITH THIS SECTION SHALL BE VOID AND UNENFORCEABLE.
   (2)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE ORIGINAL
 EQUIPMENT MANUFACTURERS OR AUTHORIZED REPAIR  PROVIDERS  TO  PROVIDE  AN
 OWNER OR INDEPENDENT REPAIR PROVIDER ACCESS TO NON-DIAGNOSTIC AND REPAIR
 INFORMATION  BY  AN  ORIGINAL  EQUIPMENT  MANUFACTURER  TO AN AUTHORIZED
 REPAIR PROVIDER PURSUANT TO THE TERMS OF AN AUTHORIZING AGREEMENT.
   (D) ENFORCEMENT. A VIOLATION OF THIS SECTION SHALL BE  ENFORCEABLE  BY
 THE  ATTORNEY  GENERAL  AND  PUNISHABLE  BY  A FINE OF A MAXIMUM OF FIVE
 HUNDRED DOLLARS PER INCIDENT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment  and/or repeal of any rules or regulations necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.

2025-A6601A (ACTIVE) - Details

See Senate Version of this Bill:: S5771
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add Art 33-C §§698 & 698-a, Gen Bus L

2025-A6601A (ACTIVE) - Summary

2025-A6601A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6601--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection  --  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 enacting the
   "farm equipment fair repair act"

   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 "farm equipment fair repair act".
   § 2. The general business law is amended by adding a new article  33-C
 to read as follows:
 
                               ARTICLE 33-C
                  AGRICULTURAL EQUIPMENT RIGHT TO REPAIR
 
 SECTION 698. DEFINITIONS.
         698-A. AGRICULTURAL EQUIPMENT REPAIR; RIGHTS OF CONSUMERS.
   § 698. DEFINITIONS.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTHORIZED REPAIR PROVIDER" MEANS AN INDIVIDUAL  OR  BUSINESS  WHO
 HAS  AN ARRANGEMENT WITH THE ORIGINAL EQUIPMENT MANUFACTURER UNDER WHICH
 SUCH ORIGINAL EQUIPMENT MANUFACTURER GRANTS TO SUCH INDIVIDUAL OR  BUSI-
 NESS  A  LICENSE TO USE A TRADE NAME, SERVICE MARK, OR OTHER PROPRIETARY
 IDENTIFIERS FOR THE PURPOSES OF  OFFERING  THE  SERVICES  OF  DIAGNOSIS,
 MAINTENANCE,  OR REPAIR OF AGRICULTURAL EQUIPMENT UNDER THE NAME OF SUCH
 ORIGINAL EQUIPMENT MANUFACTURER, OR OTHER ARRANGEMENT WITH SUCH ORIGINAL
 EQUIPMENT MANUFACTURER TO OFFER SUCH SERVICES ON  BEHALF  OF,  OR  UNDER
 CONTRACT TO, SUCH ORIGINAL EQUIPMENT MANUFACTURER. AN ORIGINAL EQUIPMENT
 MANUFACTURER  WHO  OFFERS  THE  SERVICES  OF  DIAGNOSIS, MAINTENANCE, OR
 REPAIR OF ITS OWN AGRICULTURAL EQUIPMENT SHALL BE CONSIDERED AN  AUTHOR-
 IZED REPAIR PROVIDER WITH RESPECT TO SUCH EQUIPMENT.
   2.  "AGRICULTURAL  EQUIPMENT" OR "EQUIPMENT" MEANS ANY DEVICE, INSTRU-
 MENT OR MACHINERY USED IN AGRICULTURE, HORTICULTURE, VITICULTURE,  DAIRY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08785-02-5
 A. 6601--A                          2
 
 FARMING, LIVESTOCK FARMING, POULTRY AND/OR BEEF RAISING, FORESTRY, PROP-
 ERTY MAINTENANCE AND IN THE PRODUCTION OF ANY AND ALL PRODUCTS RAISED OR
 PRODUCED ON FARMS AND PROCESSED OR MANUFACTURED PRODUCTS THEREOF, TRANS-
 PORTED  OR  INTENDED  TO  BE  TRANSPORTED  IN  INTERSTATE AND/OR FOREIGN
 COMMERCE.
   3. "DOCUMENTATION" MEANS ANY  MANUAL,  MAINTENANCE  PROCEDURES,  FUNC-
 TIONAL  AND WIRING DIAGRAMS, REPORTING OUTPUT, SERVICE CODE DESCRIPTION,
 BOARD VIEW FILE OR COMPLETE PCB LAYOUT, PCB  SCHEMATIC,  SECURITY  CODE,
 PASSWORD,  TRAINING  MATERIAL, TROUBLESHOOTING INFORMATION, FULL LIST OF
 REQUIRED TOOLS, FULL PARTS LIST, AND OTHER GUIDANCE OR INFORMATION  USED
 IN  EFFECTING THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR REPAIR OF AGRI-
 CULTURAL EQUIPMENT.
   4. "EMBEDDED SOFTWARE" MEANS ANY PROGRAMMABLE INSTRUCTIONS PROVIDED ON
 FIRMWARE DELIVERED  WITH  OR  LOADED  TO  AGRICULTURAL  EQUIPMENT,  WITH
 RESPECT  TO SUCH AGRICULTURAL EQUIPMENT'S OPERATION, INCLUDING ALL RELE-
 VANT PATCHES AND FIXES MADE  BY  THE  MANUFACTURER,  INCLUDING  BUT  NOT
 LIMITED  TO  ITEMS  DESCRIBED  AS  A BASIC INTERNAL OPERATING SYSTEM, AN
 INTERNAL OPERATING SYSTEM, A MACHINE CODE,  AN  ASSEMBLY  CODE,  A  ROOT
 CODE, OR A MICROCODE.
   5. "FAIR AND REASONABLE TERMS" MEANS:
   (A)  WITH  RESPECT  TO PARTS, MADE AVAILABLE BY THE ORIGINAL EQUIPMENT
 MANUFACTURER, EITHER DIRECTLY OR THROUGH AN AUTHORIZED REPAIR  PROVIDER,
 IN A MANNER THAT:
   (I)  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 AGRICULTURAL EQUIPMENT MADE BY OR ON BEHALF  OF  THE  ORIGINAL
 EQUIPMENT MANUFACTURER;
   (II)  DOES  NOT  REQUIRE  A  MINIMUM OR MAXIMUM QUANTITY OF PARTS THAT
 OWNERS AND INDEPENDENT REPAIR PROVIDERS CAN PURCHASE; AND
   (III) DOES NOT CONDITION ACCESS TO PARTS ON  ANY  ADDITIONAL  CONTRACT
 OTHER THAN A PURCHASE ORDER;
   (B)  WITH  RESPECT  TO  DOCUMENTATION,  MADE AVAILABLE BY THE ORIGINAL
 EQUIPMENT MANUFACTURER  WITHOUT  REQUIRING  ANY  CONTRACT  AGREEMENT  OR
 ACCOUNT  CREATION  AND AT NO CHARGE EXCEPT THAT, WHEN SUCH DOCUMENTATION
 IS REQUESTED IN PHYSICAL PRINTED FORM, A CHARGE MAY BE INCLUDED FOR  THE
 REASONABLE ACTUAL COSTS OF PREPARING AND SENDING SUCH DOCUMENTATION; OR
   (C)  WITH  RESPECT  TO TOOLS, MADE AVAILABLE BY THE ORIGINAL EQUIPMENT
 MANUFACTURER:
   (I) AT NO CHARGE, EXCEPT THAT, WHEN A TOOL IS  REQUESTED  IN  PHYSICAL
 FORM,  A  CHARGE  MAY  BE  INCLUDED  FOR THE REASONABLE, ACTUAL COSTS OF
 PREPARING AND SENDING SUCH TOOL;
   (II) WITHOUT REQUIRING AUTHORIZATION OR INTERNET ACCESS FOR THE USE OR
 OPERATION OF SUCH TOOLS, OR IMPOSING IMPEDIMENTS TO ACCESS OR USE OF THE
 TOOLS TO DIAGNOSE, MAINTAIN, OR REPAIR AND ENABLE FULL FUNCTIONALITY  OF
 AGRICULTURAL EQUIPMENT; AND
   (III)  IN  A MANNER THAT DOES NOT IMPAIR THE EFFICIENT AND COST-EFFEC-
 TIVE PERFORMANCE OF ANY SUCH DIAGNOSIS, MAINTENANCE, OR REPAIR.
   6.  "FIRMWARE"  MEANS  A  SOFTWARE  PROGRAM  OR  SET  OF  INSTRUCTIONS
 PROGRAMMED  ON AGRICULTURAL EQUIPMENT, OR ON A PART OF SUCH AGRICULTURAL
 EQUIPMENT, TO ALLOW SUCH AGRICULTURAL EQUIPMENT OR PART  TO  COMMUNICATE
 WITHIN ITSELF OR WITH OTHER COMPUTER HARDWARE.
   7. "INDEPENDENT REPAIR PROVIDER" MEANS AN INDIVIDUAL OR BUSINESS OPER-
 ATING IN THE STATE THAT DOES NOT HAVE AN ARRANGEMENT DESCRIBED IN SUBDI-
 VISION  ONE OF THIS SECTION WITH AN ORIGINAL EQUIPMENT MANUFACTURER, AND
 A. 6601--A                          3
 
 WHO IS ENGAGED IN THE SERVICES OF DIAGNOSIS, MAINTENANCE, OR  REPAIR  OF
 AGRICULTURAL EQUIPMENT.
   8.  "ORIGINAL  EQUIPMENT MANUFACTURER" OR "MANUFACTURER" MEANS A BUSI-
 NESS ENGAGED IN THE BUSINESS OF SELLING, LEASING, OR OTHERWISE SUPPLYING
 NEW AGRICULTURAL EQUIPMENT MANUFACTURED BY OR ON BEHALF  OF  ITSELF,  TO
 ANY INDIVIDUAL OR BUSINESS.
   9. "OWNER" MEANS AN INDIVIDUAL OR BUSINESS WHO OWNS OR LEASES AGRICUL-
 TURAL EQUIPMENT PURCHASED OR USED IN THIS STATE.
   10. "PART" MEANS ANY REPLACEMENT PART, EITHER NEW OR USED, MADE AVAIL-
 ABLE  OR  USED  BY  AN ORIGINAL EQUIPMENT MANUFACTURER OR ITS AUTHORIZED
 REPAIR PROVIDERS FOR PURPOSES OF EFFECTING THE SERVICES  OF  MAINTENANCE
 OR  REPAIR  OF  AGRICULTURAL  EQUIPMENT MANUFACTURED BY OR ON BEHALF OF,
 SOLD OR OTHERWISE SUPPLIED BY THE ORIGINAL EQUIPMENT MANUFACTURER.
   11. "PARTS PAIRING" REFERS TO THE PRACTICE BY MANUFACTURERS  OF  USING
 SOFTWARE TO IDENTIFY COMPONENT PARTS THROUGH A UNIQUE IDENTIFIER.
   12.  "TOOL"  MEANS  ANY SOFTWARE PROGRAM, HARDWARE IMPLEMENT, OR OTHER
 APPARATUS USED FOR DIAGNOSIS, MAINTENANCE,  OR  REPAIR  OF  AGRICULTURAL
 EQUIPMENT,  INCLUDING  SOFTWARE  OR  OTHER  MECHANISMS  THAT  PROVISION,
 PROGRAM, OR PAIR A NEW PART, CALIBRATE  FUNCTIONALITY,  OR  PERFORM  ANY
 OTHER  FUNCTION  REQUIRED  TO BRING THE PRODUCT BACK TO FULLY FUNCTIONAL
 CONDITION, INCLUDING ANY UPDATES.
   13. "TRADE SECRET" MEANS PROPRIETARY  INFORMATION  OF  A  MANUFACTURER
 THAT IS PROTECTED FROM DISCLOSURE PURSUANT TO STATE OR FEDERAL LAW.
   14.  "UPDATES"  MEANS RECOMMENDED CORRECTIONS OR ADJUSTMENTS TO PARTS,
 TOOLS OR INFORMATION THAT ARE CREATED AND DISTRIBUTED  BY  THE  ORIGINAL
 EQUIPMENT  MANUFACTURER  AND USED IN OFFERING THE SERVICES OF DIAGNOSIS,
 MAINTENANCE OR REPAIR OF AGRICULTURAL EQUIPMENT.
   § 698-A. AGRICULTURAL  EQUIPMENT  REPAIR;  RIGHTS  OF  CONSUMERS.   1.
 REQUIREMENTS.  (A)  AN  ORIGINAL  EQUIPMENT MANUFACTURER OF AGRICULTURAL
 EQUIPMENT AND PARTS FOR SUCH EQUIPMENT THAT ARE SOLD OR USED IN NEW YORK
 STATE SHALL MAKE AVAILABLE TO ANY  INDEPENDENT  REPAIR  PROVIDER  AND/OR
 OWNER OF AGRICULTURAL 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, MAINTE-
 NANCE, OR REPAIR OF SUCH  AGRICULTURAL  EQUIPMENT  AND  PARTS  FOR  SUCH
 EQUIPMENT, INCLUSIVE OF ANY UPDATES. SUCH DOCUMENTATION, PARTS AND TOOLS
 SHALL  BE  MADE  AVAILABLE  EITHER  DIRECTLY  BY SUCH ORIGINAL EQUIPMENT
 MANUFACTURER OR VIA AN AUTHORIZED REPAIR PROVIDER OR DISTRIBUTOR.
   (B) AN ORIGINAL EQUIPMENT MANUFACTURER SHALL NOT USE PARTS PAIRING  OR
 ANY OTHER MECHANISM TO:
   (I) PREVENT THE INSTALLATION OR FUNCTIONING OF ANY OTHERWISE-FUNCTION-
 AL  PART,  INCLUDING  A  NON-MANUFACTURER  APPROVED  REPLACEMENT PART OR
 COMPONENT;
   (II) INHIBIT OR REDUCE THE FUNCTIONING  OF  ANY  PART  OR  BOARD-LEVEL
 COMPONENT,  SUCH  THAT  REPLACEMENT BY AN INDEPENDENT REPAIR PROVIDER OR
 THE DEVICE OWNER MAY CAUSE THE DEVICE TO OPERATE WITH REDUCED  FUNCTION-
 ALITY OR PERFORMANCE;
   (III)  CREATE  FALSE, MISLEADING, DECEPTIVE, OR NON-DISMISSIBLE ALERTS
 OR WARNINGS ABOUT PARTS;
   (IV) CHARGE ADDITIONAL FEES OR INCREASED PRICES FOR FUTURE REPAIRS; OR
   (V) LIMIT WHO CAN PURCHASE DOCUMENTATION, PARTS, AND TOOLS OR  PERFORM
 REPAIR SERVICES.
   (C)  THE  ORIGINAL  EQUIPMENT  MANUFACTURER OF EQUIPMENT THAT REQUIRES
 DEACTIVATING AN ELECTRONIC LOCK FOR PURPOSES OF REPAIR SHALL MAKE AVAIL-
 ABLE TO ANY OWNER, OR INDEPENDENT  REPAIR  PROVIDER,  WITH  THE  EXPRESS
 PERMISSION  OF  THE  OWNER,  ON  FAIR  AND REASONABLE TERMS, ANY SPECIAL
 A. 6601--A                          4
 
 DOCUMENTATION, TOOLS, AND PARTS NEEDED TO ACCESS AND  RESET  SUCH  ELEC-
 TRONIC  LOCK  WHEN  DISABLED IN THE COURSE OF DIAGNOSIS, MAINTENANCE, OR
 REPAIR OF SUCH EQUIPMENT. SUCH DOCUMENTATION, TOOLS, AND  PARTS  MAY  BE
 MADE AVAILABLE THROUGH AN APPROPRIATE SECURE RELEASE SYSTEM.
   2.  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, EXCEPT AS NECESSARY TO
 PERFORM DIAGNOSIS, MAINTENANCE, OR REPAIR ON FAIR AND REASONABLE TERMS.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE  TERMS  OF
 ANY  ARRANGEMENT  MADE  FOR COMPLIANCE WITH 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 AUTHOR-
 IZED REPAIR PROVIDER ON BEHALF OF AN ORIGINAL EQUIPMENT MANUFACTURER AND
 PURSUANT TO SUCH ARRANGEMENT, EXCEPT THAT ANY PROVISION  IN  SUCH  TERMS
 THAT  PURPORTS TO WAIVE, AVOID, RESTRICT OR LIMIT THE ORIGINAL EQUIPMENT
 MANUFACTURER'S OBLIGATIONS TO COMPLY WITH THIS SECTION SHALL BE VOID AND
 UNENFORCEABLE.
   (C) NO ORIGINAL EQUIPMENT MANUFACTURER OR AUTHORIZED  REPAIR  PROVIDER
 SHALL  BE  LIABLE FOR ANY DAMAGE OR INJURY TO ANY AGRICULTURAL EQUIPMENT
 CAUSED BY AN INDEPENDENT REPAIR PROVIDER OR OWNER  WHICH  OCCURS  DURING
 THE  COURSE OF REPAIR, DIAGNOSIS, OR MAINTENANCE AND IS NOT ATTRIBUTABLE
 TO SUCH ORIGINAL EQUIPMENT MANUFACTURER OR  AUTHORIZED  REPAIR  PROVIDER
 OTHER  THAN  IF SUCH DAMAGE OR INJURY IS ATTRIBUTABLE TO DESIGN OR MANU-
 FACTURING DEFECTS.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  A  MANUFAC-
 TURER  TO  MAKE  AVAILABLE  SPECIAL  DOCUMENTATION, TOOLS, OR PARTS THAT
 WOULD DISABLE OR OVERRIDE ANTI-THEFT SECURITY MEASURES SET BY THE  OWNER
 OF THE EQUIPMENT WITHOUT SUCH OWNER'S AUTHORIZATION.
   (E)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MANUFAC-
 TURER TO SELL A PART IF  SUCH  PART  IS  NO  LONGER  AVAILABLE  TO  SUCH
 MANUFACTURER.
   (F)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MANUFAC-
 TURER TO SELL ANY SERVICE MATERIALS THAT WOULD BE ILLEGAL TO  USE  UNDER
 FEDERAL OR STATE LAW.
   (G)  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PREVENT A PARTS
 DEALER FROM PRICING GOODS OVER THE WHOLESALE PRICE OF SUCH GOODS.
   3. ENFORCEMENT. IF THE ATTORNEY GENERAL DETERMINES THAT A  FAILURE  TO
 PROVIDE  DOCUMENTATION,  PARTS,  OR  TOOLS  AS  DESCRIBED REQUIRED UNDER
 SUBDIVISION ONE OF THIS SECTION CONSTITUTES AN UNFAIR METHOD OF COMPETI-
 TION, FALSE ADVERTISING, OR UNFAIR OR DECEPTIVE  TRADE  PRACTICES  UNDER
 SECTION  THREE  HUNDRED FORTY-NINE OF THIS CHAPTER, ALL REMEDIES, PENAL-
 TIES, AND AUTHORITY GRANTED TO THE  ATTORNEY  GENERAL  BY  SUCH  SECTION
 THREE  HUNDRED FORTY-NINE SHALL BE AVAILABLE TO THE ATTORNEY GENERAL FOR
 THE ENFORCEMENT OF THIS SECTION.
   4. EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   (A) A MOTOR VEHICLE THAT IS DESIGNED TO TRANSPORT INDIVIDUALS OR PROP-
 ERTY ON A STREET OR HIGHWAY AND IS CERTIFIED BY A MOTOR VEHICLE MANUFAC-
 TURER UNDER ALL REQUIREMENTS FOR THE  DISTRIBUTION  AND  SALE  OF  MOTOR
 VEHICLES IN THE UNITED STATES; OR
   (B)  INDUSTRIAL,  CONSTRUCTION,  COMPACT CONSTRUCTION, MINING OR ROAD-
 BUILDING EQUIPMENT.
   5. APPLICABILITY. THIS SECTION SHALL APPLY TO EQUIPMENT FIRST MANUFAC-
 TURED AND SOLD ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A6601A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

2025-A6601 - Details

2025-A6601 - Summary

2025-A6601 - Bill Text download pdf

2025-A6601A (ACTIVE) - Details

2025-A6601A (ACTIVE) - Summary

2025-A6601A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A6601A

Share this bill

Sponsored By

KELLES

Current Bill Status - In Assembly Committee

Bill Amendments

2025-A6601 - Details

2025-A6601 - Summary

2025-A6601 - Bill Text download pdf

2025-A6601A (ACTIVE) - Details

2025-A6601A (ACTIVE) - Summary

2025-A6601A (ACTIVE) - Bill Text download pdf

Comments