New York A 8405: Relates to the sale of digital electronic equipment and providing diagnostic and repair information

Bill Text

STATE OF NEW YORK
________________________________________________________________________
8405
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. ROMERO -- 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 and providing diagnostic and repair
information; and to amend chapter 810 of the laws of 2022 amending the
general business law relating to the sale of digital electronic equip-
ment and providing diagnostic and repair information, in relation to
the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraphs (a), (b), and (m) of subdivision 1, paragraphs
2 (a), (g), (h), (i) and (j) of subdivision 3, paragraphs (d) and (e) of
3 subdivision 4, and the opening paragraph of subdivision 6 of section
4 399-nn of the general business law, paragraphs (a), (b) and (m) of
5 subdivision 1, paragraphs (a) and (g) of subdivision 3, and the opening
6 paragraph of subdivision 6, as amended and paragraphs (h), (i) and (j)
7 of subdivision 3, and paragraphs (d) and (e) of subdivision 4, as added
8 by chapter 48 of the laws of 2023, are amended to read as follows:
9 (a) "Authorized repair provider" means an individual or business who
10 has an arrangement with the original equipment manufacturer under which
11 the original equipment manufacturer grants to the individual or business
12 a license to use a trade name, service mark, or other proprietary iden-
13 tifier for the purposes of offering the services of diagnosis, mainte-
14 nance, or repair of digital electronic equipment under the name of the
15 original equipment manufacturer, or other arrangement with the original
16 equipment manufacturer to offer such services on behalf of the original
17 equipment manufacturer. An original equipment manufacturer who offers
18 the services of diagnosis, maintenance, or repair of its own digital
19 electronic equipment shall be considered an authorized repair provider
20 with respect to such equipment.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD09271-01-5

A. 8405 2
1 (b) "Digital electronic equipment" or "equipment" means any hardware
2 product manufactured for the first time, and first sold or used in New
3 York on or after July first, two thousand [twenty-three, that depends
4 for its functioning, in whole or in part, on digital electronics embed-
5 ] for which the originalded in or attached to the product twenty-one,
6 equipment manufacturer makes available tools, parts, and documentation
7 either through authorized repair providers, its own employees, or any
8 authorized third-party providers ["Digital electronic equipment" or
9 "equipment" does not include any product sold under a specific busi-
10 ness-to-government or business-to-business contract, which is not other-
11 ].wise offered for sale directly by a retail seller
12 (m) "Part" or "parts" means any replacement part or assembly of parts,
13 either new or used, made available by an original equipment manufacturer
14 for purposes of effecting the services of maintenance or repair of
15 digital electronic equipment manufactured or sold by the original equip-
16 ment manufacturer. [Part does not include printed board assemblies that
17 may allow device cloning in violation of 18 U.S.C. Section 1029 or other
18 ]applicable law.
19 (a) [ ] Nothing Except as necessary to comply with this section, nothing
20 in this section shall be construed to require an original equipment
21 manufacturer to divulge [ ] trade secret or license any intellectualany a
22 property to any owner or independent, including copyrights or patents,
23 service provider.
24 (g) Nothing in this section shall be construed to require any original
25 equipment manufacturer or authorized repair provider to make available
26 any parts, tools, or documentation required for the diagnosis, mainte-
27 nance, or repair of any [home appliance that has a digital electronic
28 product embedded within it, including, but not limited to, refrigera-
29 ] securitytors, ovens, microwaves, air conditioning, heating units, and
30 devices or alarm systems including any related software and components.
31 (h) Nothing in this section shall prevent an original equipment
32 manufacturer from establishing reasonable training and certification
33 programs for independent repair providers, however, no independent
34 repair provider shall be required to complete any such training or
35 certification program as a condition to be covered by the rights granted
36 under this chapter.
37 (i) [Nothing in this section shall prevent an original equipment
38 manufacturer from offering parts, such as integrated batteries, to inde-
39 pendent repair providers or owners pre-assembled with other parts rather
40 than as individual components, w