S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8434
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  promoting
   consumer  choice  by  requiring  manufacturers  of  digital electronic
   equipment to provide retail sellers with  a  one  through  ten  repair
   score that will be displayed to consumers at point of sale
 
   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  Electron-
 ics Repair Scores Act".
   §  2.  Subdivision  1 of section 399-nn of the general business law is
 amended by adding two new paragraphs (s) and (t) to read as follows:
   (S) "REPAIR SCORE" OR "SCORE" MEANS A ONE THROUGH TEN SCORE CALCULATED
 BY THE MANUFACTURER BASED ON THE REPAIR SCORING  CRITERIA  DEVELOPED  BY
 THE ATTORNEY GENERAL.
   (T)  "DETAILED  SCORE" MEANS THE INFORMATION REGARDING THE CALCULATION
 AND MEANING OF THE REPAIR SCORE  AS  DEFINED  BY  THE  SCORING  CRITERIA
 DEVELOPED BY THE ATTORNEY GENERAL.
   §  3.  Subdivision 2 of section 399-nn of the general business law, as
 amended by chapter 48 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   2.  Requirements.  (A)  An  original equipment manufacturer shall make
 available to any independent repair provider and owner of digital  elec-
 tronic  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, maintenance,
 or  repair of such digital electronic equipment and parts that are manu-
 factured for the first time, and first sold or used in New  York  on  or
 after  July first, two thousand twenty-three. Such documentation, parts,
 and tools shall be made available either directly by an original  equip-
 ment  manufacturer  or  via  an  authorized repair provider. An original
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13840-01-3
              

 A. 8434                             2
 
 equipment manufacturer who, in the regular course of business, offers to
 an owner the services of diagnosis, maintenance or  repair  of  its  own
 digital  electronic  equipment,  and  who  does  not have an arrangement
 described  in  paragraph  (a) of subdivision one of this section with an
 unaffiliated individual or business, shall be considered  an  authorized
 repair provider with respect to such equipment.
   (B)  (I) FOR DIGITAL ELECTRONIC EQUIPMENT THAT IS SOLD OR USED IN THIS
 STATE, AN ORIGINAL EQUIPMENT MANUFACTURER SHALL MAKE  AVAILABLE  TO  ANY
 RETAIL  SELLERS  AND  THE ATTORNEY GENERAL THE REPAIR SCORE AND DETAILED
 SCORE FOR SUCH DIGITAL ELECTRONIC EQUIPMENT, INCLUSIVE OF ANY UPDATES TO
 INFORMATION.
   (II) WHEN DISPLAYED BY RETAILERS AND MANUFACTURERS NEAR PRICING INFOR-
 MATION, THE SCORE SHALL INCLUDE THE LOGO REPRESENTATION OF THE SCORE  AS
 DEVELOPED BY THE ATTORNEY GENERAL.
   (III)  A  RETAIL  SELLER  THAT RECEIVES NOTIFICATION FROM THE ORIGINAL
 EQUIPMENT MANUFACTURER OR THE ATTORNEY GENERAL REGARDING  THE  PRODUCT'S
 REPAIR  SCORE  SHALL  ENSURE  THAT, WITHIN NINETY DAYS OF RECEIPT OF THE
 NOTIFICATION:
   (A) PROMINENTLY DISPLAY REPAIR SCORES ON THE PRODUCT OR NEAR THE PRIC-
 ING INFORMATION FOR THE PRODUCT FOR SUCH  DIGITAL  ELECTRONIC  EQUIPMENT
 WITHIN ALL RETAIL LOCATIONS LOCATED WITHIN THE STATE AND INTERNET RETAIL
 WEBSITES.
   (B)  MAKE THE DETAILED SCORE AVAILABLE TO A POTENTIAL PURCHASER OF THE
 PRODUCT ON THE RETAIL SELLER'S WEBSITE NEAR PRICING INFORMATION.
   (IV) ORIGINAL EQUIPMENT MANUFACTURERS  SHALL  CLEARLY  DISPLAY  REPAIR
 SCORES FOR SUCH PRODUCTS ON THEIR WEBSITE PRODUCT LISTING PAGES, AS WELL
 AS  MAKE  PUBLICLY AVAILABLE DETAILED SCORES TO ALL POTENTIAL PURCHASERS
 ON EACH PRODUCT LISTING PAGE.
   (V) SCORING CRITERIA WILL BE DETERMINED BY THE ATTORNEY GENERAL, WHICH
 SHALL PERIODICALLY UPDATE SUCH CRITERIA, AND A  LOGO  REPRESENTATION  OF
 SCORES.  SCORING CRITERIA SHALL INCLUDE, BUT IS NOT LIMITED TO: THE FREE
 AND PUBLIC AVAILABILITY OF TECHNICAL DOCUMENTS  REGARDING  THE  PRODUCT;
 EASE  OF DISASSEMBLY OF THE PRODUCT; AVAILABILITY OF SPARE PARTS FOR THE
 PRODUCT; THE PRICE OF SPARE PARTS FOR THE PRODUCT;  LENGTH  OF  SOFTWARE
 SUPPORT  BY THE MANUFACTURER OF THE PRODUCT; AND OTHER CRITERIA SPECIFIC
 TO THE CATEGORY OF THE PRODUCT AS DETERMINED BY THE ATTORNEY GENERAL.
   § 4. This act shall take effect one year after it shall have become  a
 law;  provided,  however,  that if chapter 810 of the laws of 2022 shall
 not have taken effect on or before such date then sections two and three
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2022, takes effect.