The current debate is about an agreement mentioned in memorandum 93 ( https://twitter.com/JonCampbellNY/status/1608327624526548993 ), which describes changes that were not part of the amendment in May 2022. I also thought it may just be a bad summary of those changes, but it details changes that were not done in may. So it is either a very badly written memo, or there is something more going on than can not currently be seen in the public paper trail on the senate website.
The bad stuff went in back in February, 2022, and was adopted in May 2022. Compare the "Limitations" section of S4104 and S4104A. That's what guts the bill. Here's the "sponsor memo" on the amendment:
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
This version makes technical clarifications to the bill, including
providing that the requirements will apply to products with a value over
ten dollars, adjusted annually based on the consumer price index. Another adds that nothing in the section will require that an OEM or authorized repair provider make available any parts, tools or documentation if
the intended use is for making modifications to digital electronic
equipment. Others provide that nothing in the section will require an
OEM or authorized repair provider to make available parts, tools or
documentation for 1) public safety communications equipment used for
emergency response or prevention purposes by an emergency service organization, 2) where it may be in violation of federal law such as with
gaming and entertainment consoles, related software, and components, or
3) home appliances with digital electronics embedded within them.
Manufacturers, distributors, importers, or dealers of off-road equipment
are added to the exclusions, those to whom the requirements would not
apply.
Amendments also include extending the effective date of the bill from
120 days to one year after it shall have become a law.
the "bad stuff" currently discussed is about manufacturers only making assemblies available, not components. (that is the big topic in the linked video) I diffed S4104 and S4104A and don't see that in the changes. I also don't see the interpretation of Louis Rossmann in the old version, the definition of "part" was always quite open to interpretation and neither "component" nor "assembly" are mentioned in S4104A. But the relevant point here is: the governors memo explicitly states that the manufacturer only needs to provide assemblies, not components, if there is a risk of injury. The only change from S4104 to S4104A using the word "injury" is the new section 5 about liability. The change mentioned in the governors memo is not in the amended bill that passed Senate and Assembly in May/June 2022.
The governors memo also talks about eliminating the requirement related to overriding security features, which is section 2.B of the bill. Again the change the governors memo describes is not in the amendment made earlier this year.
The governors memo also talks about business to business and business to government sales. There is a point 3.E related to emergency communication equipment, but it would be a stretch to match those. Again the change the governors memo mentions as being agreed upon is not there.
I would be happy if the governors approval memo is horseshit and talks nonsense. Because the alternative is that they are making backroom deals changing the bills text between senate vote and signing.
