New York Assembly Bill A08434 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8434 2023-2024 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. This act shall be known and may be cited as "The Electron- 2 ics Repair Scores Act". 3 § 2. Subdivision 1 of section 399-nn of the general business law is 4 amended by adding two new paragraphs (s) and (t) to read as follows: 5 (s) "Repair score" or "score" means a one through ten score calculated 6 by the manufacturer based on the repair scoring criteria developed by 7 the attorney general. 8 (t) "Detailed score" means the information regarding the calculation 9 and meaning of the repair score as defined by the scoring criteria 10 developed by the attorney general. 11 § 3. Subdivision 2 of section 399-nn of the general business law, as 12 amended by chapter 48 of the laws of 2023, is amended to read as 13 follows: 14 2. Requirements. (a) An original equipment manufacturer shall make 15 available to any independent repair provider and owner of digital elec- 16 tronic equipment manufactured by or on behalf of or sold by such 17 original equipment manufacturer, on fair and reasonable terms, any 18 documentation, parts, and tools required for the diagnosis, maintenance, 19 or repair of such digital electronic equipment and parts that are manu- 20 factured for the first time, and first sold or used in New York on or 21 after July first, two thousand twenty-three. Such documentation, parts, 22 and tools shall be made available either directly by an original equip- 23 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 1 equipment manufacturer who, in the regular course of business, offers to 2 an owner the services of diagnosis, maintenance or repair of its own 3 digital electronic equipment, and who does not have an arrangement 4 described in paragraph (a) of subdivision one of this section with an 5 unaffiliated individual or business, shall be considered an authorized 6 repair provider with respect to such equipment. 7 (b) (i) For digital electronic equipment that is sold or used in this 8 state, an original equipment manufacturer shall make available to any 9 retail sellers and the attorney general the repair score and detailed 10 score for such digital electronic equipment, inclusive of any updates to 11 information. 12 (ii) When displayed by retailers and manufacturers near pricing infor- 13 mation, the score shall include the logo representation of the score as 14 developed by the attorney general. 15 (iii) A retail seller that receives notification from the original 16 equipment manufacturer or the attorney general regarding the product's 17 repair score shall ensure that, within ninety days of receipt of the 18 notification: 19 (A) prominently display repair scores on the product or near the pric- 20 ing information for the product for such digital electronic equipment 21 within all retail locations located within the state and internet retail 22 websites. 23 (B) make the detailed score available to a potential purchaser of the 24 product on the retail seller's website near pricing information. 25 (iv) Original equipment manufacturers shall clearly display repair 26 scores for such products on their website product listing pages, as well 27 as make publicly available detailed scores to all potential purchasers 28 on each product listing page. 29 (v) Scoring criteria will be determined by the attorney general, which 30 shall periodically update such criteria, and a logo representation of 31 scores. Scoring criteria shall include, but is not limited to: the free 32 and public availability of technical documents regarding the product; 33 ease of disassembly of the product; availability of spare parts for the 34 product; the price of spare parts for the product; length of software 35 support by the manufacturer of the product; and other criteria specific 36 to the category of the product as determined by the attorney general. 37 § 4. This act shall take effect one year after it shall have become a 38 law; provided, however, that if chapter 810 of the laws of 2022 shall 39 not have taken effect on or before such date then sections two and three 40 of this act shall take effect on the same date and in the same manner as 41 such chapter of the laws of 2022, takes effect.