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A08991 Summary:

BILL NOA08991
 
SAME ASNo Same As
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
Amd §17, Mil L
 
Establishes a right-to-repair for military property by requiring the adjutant general procure goods and services with fair and reasonable access to repair materials.
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A08991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8991
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 13, 2025
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to amend the military law, in relation to establishing a right-
          to-repair for military property
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This act shall be known and may be cited as the "New York
     2  State Servicemember Right-to-Repair Act".
     3    § 2. Section 17 of the military law, as amended by chapter 141 of  the
     4  laws of 1988, is amended to read as follows:
     5    § 17. Purchase  of  military  property.  1. Under the direction of the
     6  governor, the adjutant general shall  authorize  the  purchase  of  such
     7  military  property as may be required for the use of the organized mili-
     8  tia.  In extreme emergencies, however, the  commanding  officer  of  any
     9  unit  of  the  organized  militia  may  purchase such necessities as are
    10  required for the immediate use and care  of  [his]  their  command.    A
    11  report  of such purchases shall be made forthwith to the adjutant gener-
    12  al.
    13    2. a. The adjutant general may not  enter  into  a  contract  for  the
    14  procurement of goods or services unless the contractor agrees in writing
    15  to  provide  the  division  of military and naval affairs and the United
    16  States department of defense fair  and  reasonable  access  to  all  the
    17  repair  materials,  including parts, tools, and information, used by the
    18  manufacturer or provider or their authorized repair providers  to  diag-
    19  nose, maintain, or repair the goods or services.
    20    b.  For  the  purposes of this subdivision, fair and reasonable access
    21  shall mean terms and conditions that allow the division of military  and
    22  naval  affairs  to:  (i)  provide  the repair materials to an authorized
    23  contractor for the purpose of diagnosing, maintaining, or repairing  the
    24  goods  or services; (ii) provision at prices, terms, and conditions that
    25  are equivalent to the most favorable prices, terms, and conditions under
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13434-01-5

        A. 8991                             2
 
     1  which the manufacturer or an authorized reseller or  distributor  offers
     2  the  part,  tool,  or  information  to  an  authorized  repair provider,
     3  accounting for any discount, rebate,  convenient  and  timely  means  of
     4  delivery,  means  of  enabling fully restored and updated functionality,
     5  rights of use, or other incentive or preference the manufacturer  or  an
     6  authorized  reseller  or  distributor  offers  to  an  authorized repair
     7  provider; and (iii) if  a  manufacturer  does  not  offer,  directly  or
     8  through an authorized reseller or distributor, the part, tool, or infor-
     9  mation  to  any authorized repair provider, then provision of such part,
    10  tool, or information at prices, terms, and conditions that are otherwise
    11  determined by the division of military and naval affairs to be fair  and
    12  reasonable in accordance with this section.
    13    § 3. This act shall take effect immediately.
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