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.