BILL NUMBER: S4500
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the general business law, in relation to enacting the
"consumer wheelchair repair bill of rights act"
 
PURPOSE:
To require a manufacturer to provide parts, embedded software, firmware,
tools, or documentation, such as diagnostic, maintenance, or repair
manuals, diagrams, or similar information, to independent repair provid-
ers and owners of the manufacturer's powered wheelchairs to allow an
independent repair provider or owner to conduct diagnostic, maintenance,
or repair services on the owner's powered wheelchair.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Sets the short title of the act to be the "consumer wheel-
chair repair bill of rights act."
2. Amends article 32 and section 670 of the general business law to add
a new section 677 requiring original equipment manufacturers to make
available to an independent repair provider or owner of such
manufactuer's equipment, with fair and reasonable terms and costs, any
documentation, parts, embedded software, firmware, or tools that are
intended for use with the equipment.
3. Sets the effective date.
 
JUSTIFICATION:
The ability to receive timely repairs is critical for the autonomy and
freedom of wheelchair uses with mobility-related disabilities. When a
wheelchair malfunctions it can severely hinder the user's day to day
life, sometimes resulting in serious health complications. Currently, an
owner of a powered wheelchair must seek repair services directly from
the manufacturer. As it stands, there is a constrained market for wheel-
chair service and repair, with just a few large, national suppliers
controlling the market. This constrained market commonly causes delays
for repair of weeks or even months. In a 2022 survey done by U.S. PIRG
of 141 manual and power wheelchair users, 62% of respondents estimated
that the average time it takes from an initial repair request to a
completed repair is 4 or more weeks, and 40% of respondents estimated
that it takes on average 7 or more weeks to get a repair completed. In
addition, 93% of survey respondents indicated that they needed repair
service in the past year, with 77% reporting that they needed two or
more repairs in the past year.
These statistics show that repairs are a frequent neccesity for wheel-
chair users, and that when repairs are required long wait times are the
norm. This legislation, the wheelchair repair bill of rights addresses
this issue by fostering an open market for wheelchair repair and service
that offers real choice and price competition to consumers. This bill
follows in the footsteps of Colorado, which passed a wheelchair right to
repair bill in 2022, and builds on the precedent of New York's digital
fair repair act.
 
LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
January 1, 2026.