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S1434aa.....................................by COMMERCE AND HUMAN RESOURCES
MOTOR VEHICLES - WARRANTIES - Repeals and adds to existing law to rewrite
Idaho's "Lemon Law" regarding warranties on new motor vehicles.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Com/HuRes
02/27 Rpt out - to 14th Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Ipsen
Title apvd - to House
03/11 House intro - 1st rdg as amen - to Bus
03/18 Rpt out - rec d/p - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp as amen - PASSED - 69-0-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Campbell,
Floor Sponsor - Tillman
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 333
Effective: 07/01/98
S1434|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1434, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO WARRANTIES FOR NEW MOTOR VEHICLES; REPEALING CHAPTER 9, TITLE 48, 3 IDAHO CODE; AMENDING TITLE 48, IDAHO CODE, BY THE ADDITION OF A NEW CHAP- 4 TER 9, TITLE 48, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE A MANUFACTURER'S 5 DUTY TO REPAIR, TO PROVIDE A MANUFACTURER'S DUTY TO REFUND OR REPLACE, TO 6 PROVIDE A MANUFACTURER'S DUTY TO CONSUMERS WITH LEASED VEHICLES, TO PRO- 7 VIDE FOR RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLES, TO PROVIDE FOR AN 8 ALTERNATIVE DISPUTE SETTLEMENT MECHANISM, TO PROVIDE FOR EFFECT AND ADMIS- 9 SIBILITY OF INFORMAL DISPUTE SETTLEMENT MECHANISM, TO PROVIDE FOR TREBLE 10 DAMAGES, TO PROVIDE FOR CIVIL REMEDIES, TO PROVIDE FOR LIMITATIONS ON 11 ACTIONS, TO PROVIDE THAT THE REMEDY SHALL BE NONEXCLUSIVE, TO PROVIDE A 12 DISCLOSURE REQUIREMENT AND TO PROVIDE FOR DEALER LIABILITY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Chapter 9, Title 48, Idaho Code, be, and the same is 15 hereby repealed. 16 SECTION 2. That Title 48, Idaho Code, be, and the same is hereby amended 17 by the addition thereto of a NEW CHAPTER , to be known and desig- 18 nated as Chapter 9, Title 48, Idaho Code, and to read as follows: 19 CHAPTER 9 20 NEW MOTOR VEHICLE WARRANTIES -- MANUFACTURER'S DUTY TO REPAIR, 21 REFUND OR REPLACE 22 48-901. DEFINITIONS. For purposes of this chapter, the following terms 23 have the following meanings: 24 (1) "Consumer" means the purchaser or lessee, other than for purposes of 25 resale or sublease, of a new motor vehicle used for personal business use, 26 personal, family or household purposes, or a person to whom the new motor 27 vehicle is transferred for the same purposes during the duration of an express 28 warranty applicable to the motor vehicle. 29 (2) "Early termination costs" means expenses and obligations incurred by 30 a motor vehicle lessor as a result of an early termination of a written lease 31 agreement and surrender of a motor vehicle to a manufacturer under section 32 48-904, Idaho Code, including penalties for prepayment of finance arrange- 33 ments. 34 (3) "Informal dispute settlement mechanism" means an arbitration process 35 or procedure by which the manufacturer attempts to resolve disputes with con- 36 sumers regarding motor vehicle nonconformities and repairs that arise during 37 the vehicle's warranty period. 38 (4) "Lease" means a contract in the form of a lease or bailment for the 39 use of personal property by a natural person for a period of time exceeding 40 four (4) months, used for personal business use, personal, family, or house- 41 hold purposes, whether or not the lessee has the option to purchase or other- 2 1 wise become the owner of the property at the expiration of the lease. 2 (5) "Manufacturer" means a person engaged in the business of manufactur- 3 ing, assembling or distributing motor vehicles, who will, under normal busi- 4 ness conditions during the year, manufacture, assemble or distribute to deal- 5 ers at least ten (10) new motor vehicles. 6 (6) "Manufacturer's express warranty" and "warranty" mean the written 7 warranty of the manufacturer of a new motor vehicle of its condition and fit- 8 ness for use, including any terms or conditions precedent to the enforcement 9 of obligations under that warranty. 10 (7) "Motor vehicle" means a motor vehicle as defined in chapter 1, title 11 49, Idaho Code, which is sold or licensed in this state but does not include: 12 (a) Motorcycle or farm tractor as defined in sections 49-107 and 49-114, 13 Idaho Code; or 14 (b) Trailer as defined in section 49-121, Idaho Code; or 15 (c) Any motor vehicle with a gross laden weight over twelve thousand 16 (12,000) pounds. 17 (8) "Motor vehicle lessor" means a person who holds title to a motor 18 vehicle leased to a lessee under a written lease agreement or who holds the 19 lessor's rights under such agreement. 20 48-902. MANUFACTURER'S DUTY TO REPAIR. If a new motor vehicle does not 21 conform to all applicable express warranties, and the consumer reports the 22 nonconformity to the manufacturer, its agent, or its authorized dealer during 23 the term of the applicable express warranties or during the period of two (2) 24 years following the date of original delivery of the new motor vehicle to a 25 consumer, or during the period ending with the date on which the mileage on 26 the motor vehicle reaches twenty-four thousand (24,000) miles, whichever is 27 the earliest date, the manufacturer, its agent, or its authorized dealer shall 28 make the repairs necessary to conform the vehicle to the applicable express 29 warranties, notwithstanding the fact that the repairs are made after the 30 expiration of the warranty term or the two (2) year period. 31 48-903. MANUFACTURER'S DUTY TO REFUND OR REPLACE. (1) If the manufac- 32 turer, its agents, or its authorized dealers are unable to conform the new 33 motor vehicle to any applicable express warranty by repairing or correcting 34 any defect or condition which impairs the use or market value of the motor 35 vehicle to the consumer after a reasonable number of attempts, the manufac- 36 turer shall either replace the new motor vehicle with a comparable motor 37 vehicle or accept return of the vehicle from the consumer and refund to the 38 consumer the amount the consumer paid for the vehicle, inclusive of the value 39 of any trade-in, not to exceed one hundred five percent (105%) of the 40 manufacturer's suggested retail price of the motor vehicle. The manufacturer's 41 suggested retail price shall include all manufacturer installed options. The 42 one hundred five percent (105%) cap shall include the cost of any options or 43 other modifications arranged, installed, or made by the manufacturer's agent, 44 or its authorized dealer within thirty (30) days after the date of original 45 delivery. The manufacturer shall refund to the consumer all other charges 46 including, but not limited to, sales or excise tax, license fees and regis- 47 tration fees, reimbursement for towing and rental vehicle expenses incurred by 48 the consumer as a result of the vehicle being out of service for warranty 49 repair. A reasonable allowance for the consumer's use of the vehicle shall be 50 deducted from the refund to the consumer not to exceed the number of miles 51 attributable to the consumer up to the date of the arbitration hearing multi- 52 plied by the purchase price of the vehicle and divided by one hundred thousand 53 (100,000). If the manufacturer offers a replacement vehicle under this sec- 3 1 tion, the consumer has the option of rejecting the replacement vehicle and 2 requiring the manufacturer to provide a refund. Refunds must be made to the 3 consumer, and lienholder, if any, as their interests appear on the records of 4 the division of motor vehicles of the Idaho transportation department. A manu- 5 facturer must give to the consumer an itemized statement listing each of the 6 amounts refunded under this section. If the amount of sales or excise tax 7 refunded is not separately stated, or if the manufacturer does not apply for 8 a refund of the tax within one (1) year of the return of the motor vehicle, 9 the state tax commission may refund the tax, as determined under subsection 10 (8) of this section, directly to the consumer and lienholder, if any, as their 11 interests appear on the records of the division of motor vehicles. It is an 12 affirmative defense to any claim under this chapter: (a) that an alleged non- 13 conformity does not impair the use or market value, or (b) that a nonconform- 14 ity is the result of abuse, neglect, or unauthorized modifications or altera- 15 tions of a motor vehicle by anyone other than the manufacturer, its agent or 16 its authorized dealer. 17 (2) It is presumed that a reasonable number of attempts have been under- 18 taken to conform a new motor vehicle to the applicable express warranties, if: 19 (a) the same nonconformity has been subject to repair four (4) or more times 20 by the manufacturer, its agents, or its authorized dealers within the applica- 21 ble express warranty term or during the period of two (2) years following the 22 date of original delivery of the new motor vehicle to a consumer or during the 23 period ending with the date on which the mileage on the motor vehicle reaches 24 twenty-four thousand (24,000) miles, whichever is the earliest date, but the 25 nonconformity continues to exist. However, the manufacturer shall have at 26 least one (1) opportunity to attempt to repair the vehicle before it is pre- 27 sumed a reasonable number of attempts have been undertaken to conform the 28 vehicle to the applicable express warranty; or (b) the vehicle is out of ser- 29 vice by reason of repair for a cumulative total of thirty (30) or more busi- 30 ness days during the term or during the period, whichever is the earlier date. 31 (3) If the nonconformity results in a complete failure of the braking or 32 steering system of the new motor vehicle and is likely to cause death or 33 serious bodily injury if the vehicle is driven, it is presumed that a reason- 34 able number of attempts have been undertaken to conform the vehicle to the 35 applicable express warranties if the nonconformity has been subject to repair 36 at least once by the manufacturer, its agents, or its authorized dealers 37 within the applicable express warranty term or during the period of two (2) 38 years following the date of original delivery of the new motor vehicle to a 39 consumer or during the period ending with the date on which the mileage on the 40 motor vehicle reaches twenty-four thousand (24,000) miles, whichever is the 41 earliest date, and the nonconformity continues to exist. However, the manufac- 42 turer shall have at least one (1) opportunity to attempt to repair the vehicle 43 before it is presumed a reasonable number of attempts have been undertaken to 44 conform the vehicle to the applicable express warranty. 45 (4) The term of an applicable express warranty, the two (2) year period 46 and the thirty (30) day period shall be extended by any period of time during 47 which repair services are not available to the consumer because of a war, 48 invasion, strike, or fire, flood, or other natural disaster. 49 (5) The presumption contained in subsection (2) of this section applies 50 against a manufacturer only if the manufacturer, its agent, or its authorized 51 dealer has received prior written notification from or on behalf of the con- 52 sumer at least once and an opportunity to cure the defect alleged. If the 53 notification is received by the manufacturer's agent or authorized dealer, the 54 agent or dealer must forward it to the manufacturer by certified mail, return 55 receipt requested. However, if the manufacturer is not notified either by the 4 1 consumer or the manufacturer's agent or authorized dealer, then the manufac- 2 turer shall have at least one (1) opportunity to cure the alleged defect. 3 (6) The expiration of the time periods set forth in subsection (2) of 4 this section does not bar a consumer from receiving a refund or replacement 5 vehicle under subsection (1) of this section if the reasonable number of 6 attempts to correct the nonconformity causing the substantial impairment occur 7 within three (3) years following the date of original delivery of the new 8 motor vehicle to a consumer, provided the consumer first reported the noncon- 9 formity to the manufacturer, its agent, or its authorized dealer during the 10 term of the applicable express warranty. 11 (7) The manufacturer shall provide to its agent or authorized dealer and, 12 at the time of purchase or lease, the manufacturer's agent or authorized 13 dealer shall provide a written statement to the consumer in the new motor 14 vehicle warranty guide, in 10-point all capital type, in substantially the 15 following form: "IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED 16 UNDER THE STATE'S LEMON LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE 17 PRICE OR YOUR LEASE PAYMENTS. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACE- 18 MENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED 19 DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE 20 VEHICLE. YOU ALSO HAVE A RIGHT TO SUBMIT YOUR CASE TO THE CONSUMER ARBITRA- 21 TION PROGRAM WHICH THE MANUFACTURER MUST OFFER IN THIS STATE." 22 (8) The amount of the sales or excise tax to be paid by the manufacturer 23 to the consumer under subsection (1) of this section shall be the tax paid by 24 the consumer when the vehicle was purchased less an amount equal to the tax 25 paid multiplied by a fraction, the denominator of which is the purchase price 26 of the vehicle and the numerator of which is the allowance deducted from the 27 refund for the consumer's use of the vehicle. 28 48-904. MANUFACTURER'S DUTY TO CONSUMERS WITH LEASED VEHICLES. A consumer 29 who leases a new motor vehicle has the same rights against the manufacturer 30 under this section as a consumer who purchases a new motor vehicle, except 31 that, if it is determined that the manufacturer must accept return of the 32 consumer's leased vehicle pursuant to section 48-903, Idaho Code, then the 33 consumer lessee is not entitled to a replacement vehicle, but is entitled only 34 to a refund as provided in this section. In such a case, the consumer's leased 35 vehicle shall be returned to the manufacturer and the consumer's written lease 36 with the motor vehicle lessor must be terminated after all charges are set- 37 tled. The manufacturer shall provide the consumer with a full refund of all 38 costs and charges described below less a reasonable allowance for use. The 39 manufacturer shall provide to the consumer a refund of the pro rata amount of 40 any down payment paid by the consumer on the written lease. The pro rata 41 amount of such a refund shall be the amount of the down payment divided by the 42 number of months of the lease agreement and that amount multiplied by the num- 43 ber of months remaining after the date of the arbitration. The manufacturer 44 shall also refund to the consumer amounts identified as additional charges set 45 forth in section 48-903, Idaho Code, if actually paid by the consumer. The 46 reasonable allowance for use shall be the lease payments made by the consumer 47 until the time of the award of a refund. The manufacturer shall provide the 48 motor vehicle lessor or its assignee with a full refund of the early termina- 49 tion charges plus the residual value of the vehicle, as specified in the lease 50 agreement. The amount of any refund by the manufacturer to the consumer for 51 the pro rata portion of the down payment plus the amount of the refund to the 52 motor vehicle lessor or its assignee by the manufacturer shall not exceed one 53 hundred five percent (105%) of the vehicle's original manufacturer's suggested 54 retail price. 5 1 48-905. RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLE. (1) If a motor 2 vehicle has been returned under the provisions of section 48-903, Idaho Code, 3 or a similar statute of another state, whether as the result of a legal action 4 or as the result of an informal dispute settlement proceeding, it may not be 5 resold or re-leased in this state unless: 6 (a) The manufacturer provides the same express warranty it provided to 7 the original purchaser, except that the term of the warranty need only 8 last for twelve thousand (12,000) miles or twelve (12) months after the 9 date of resale, whichever is earlier; and 10 (b) The manufacturer provides the consumer with a written statement on a 11 separate piece of paper, in 10-point all capital type, in substantially 12 the following form: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFAC- 13 TURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY 14 AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED 15 BY IDAHO LAW." 16 The provisions of this chapter apply to the resold or re-leased motor 17 vehicle for full term of the warranty required under this section. If a manu- 18 facturer has a program similar to the requirements of this subsection and that 19 program provides, at a minimum, substantially the same protections for subse- 20 quent consumers, then the manufacturer shall be considered to be in compliance 21 with this subsection. 22 (2) Notwithstanding the provisions of subsection (1) of this section, if 23 a new motor vehicle has been returned under the provisions of section 48-903, 24 Idaho Code, or a similar statute of another state because of a nonconformity 25 resulting in a complete failure of the braking or steering system of the 26 motor vehicle likely to cause death or serious bodily injury if the vehicle 27 was driven and the failure has not been repaired by the manufacturer, its 28 agent or its authorized dealer, the motor vehicle may not be resold in this 29 state. 30 48-906. ALTERNATIVE DISPUTE SETTLEMENT MECHANISM. (1) Any manufacturer 31 doing business in this state, entering into franchise agreements for the sale 32 of its motor vehicles in this state, or offering express warranties on its 33 motor vehicles sold or distributed for sale in this state shall operate, or 34 participate in, an informal dispute settlement mechanism located in the state 35 of Idaho which complies with the provisions of title 16, code of federal regu- 36 lations, part 703, and the requirements of this section. The provisions of 37 section 48-903, Idaho Code, concerning refunds or replacement do not apply to 38 a consumer who has not first used this mechanism before commencing a civil 39 action, unless the manufacturer allows a consumer to commence an action with- 40 out first using this mechanism. 41 (2) An informal dispute settlement mechanism provided for by this chapter 42 shall, at the time a request for arbitration is made, provide to the consumer 43 and to each person who will arbitrate the consumer's dispute, information 44 about this chapter as approved and directed by the attorney general, in con- 45 sultation with interested parties. The informal dispute settlement mechanism 46 shall permit the parties to present or submit any arguments based on this 47 chapter and shall not prohibit or discourage the consideration of any such 48 arguments. 49 (3) If, in an informal dispute settlement mechanism, it is decided that 50 a consumer is entitled to a replacement vehicle or refund under section 51 48-903, Idaho Code, then any refund or replacement offered by the manufacturer 52 or selected by a consumer shall include and itemize all amounts authorized by 53 section 48-903, Idaho Code. If the amount of excise tax refunded is not sepa- 54 rately stated, or if the manufacturer does not apply for a refund of the tax 6 1 within one (1) year of the return of the motor vehicle, the state tax commis- 2 sion may refund the sales tax, as determined under subsection (8) of section 3 48-903, Idaho Code, directly to the consumer and lienholder, if any, as their 4 interests appear on the records of the division of motor vehicles of the Idaho 5 transportation department. 6 (4) No documents shall be received by any informal dispute settlement 7 mechanism unless those documents have been provided to each of the parties in 8 the dispute at or prior to the mechanism's meeting, with an opportunity for 9 the parties to comment on the documents either in writing or orally. If a con- 10 sumer is present during the informal dispute settlement mechanism's meeting, 11 the consumer may request postponement of the mechanism's meeting to allow suf- 12 ficient time to review any documents presented at the time of the meeting 13 which had not been presented to the consumer prior to the meeting. 14 (5) The informal dispute settlement mechanism shall allow each party to 15 appear and make an oral presentation in the state of Idaho unless the consumer 16 agrees to submit the dispute for decision on the basis of documents alone or 17 by telephone, or unless the party fails to appear for an oral presentation 18 after reasonable prior written notice. However, the manufacturer or its repre- 19 sentative may participate in the informal dispute settlement mechanism's meet- 20 ing by telephone if it chooses. If the consumer agrees to submit the dispute 21 for decision on the basis of documents alone, then manufacturer or dealer rep- 22 resentatives may not participate in the discussion or decision of the dispute. 23 (6) Consumers shall be given an adequate opportunity to contest a 24 manufacturer's assertion that a nonconformity falls within intended specifica- 25 tions for the vehicle by having the basis of the manufacturer's claim 26 appraised by a technical expert selected and paid for by the consumer prior to 27 the informal dispute settlement hearing. 28 (7) Where there has been a recent attempt by the manufacturer to repair a 29 consumer's vehicle, but no response has yet been received by the informal dis- 30 pute mechanism from the consumer as to whether the repairs were successfully 31 completed, the parties must be given the opportunity to present any additional 32 information regarding the manufacturer's recent repair attempt before any 33 final decision is rendered by the informal dispute settlement mechanism. This 34 provision shall not prejudice a consumer's rights under this chapter. 35 (8) If the manufacturer knows that a technical service bulletin directly 36 applies to the specific mechanical problem being disputed by the consumer, 37 then the manufacturer shall provide the technical service bulletin to the con- 38 sumer at reasonable cost upon request. The mechanism shall review any such 39 technical service bulletins submitted by either party. 40 (9) A consumer may be charged a fee to participate in an informal dispute 41 settlement mechanism required by this chapter, but the fee may not exceed the 42 conciliation court filing fee in the county where the arbitration is con- 43 ducted. 44 (10) Any party to the dispute has the right to be represented by an attor- 45 ney in an informal dispute settlement mechanism. 46 (11) The informal dispute settlement mechanism has all the evidence- 47 gathering powers granted an arbitrator under the uniform arbitration act. 48 (12) A decision issued in an informal dispute settlement mechanism 49 required by this section may be in writing and signed. 50 48-907. EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL DISPUTE SETTLE- 51 MENT MECHANISM. The decision issued in an informal dispute settlement mecha- 52 nism required by this chapter is nonbinding on the parties involved, unless 53 otherwise agreed by the parties. Any party, upon application, may remove the 54 decision to district court for a trial de novo. If the manufacturer is 7 1 aggrieved by the decision of the informal dispute settlement mechanism, an 2 application to remove the decision must be filed in the district court within 3 thirty (30) days after the date the decision is received by the parties. If 4 the application to remove is not made within thirty (30) days, then the dis- 5 trict court shall, upon application of a party, issue an order confirming the 6 decision. A written decision issued by an informal dispute settlement mecha- 7 nism, and any written findings upon which the decision is based, are admissi- 8 ble as nonbinding evidence in any subsequent legal action and are not subject 9 to further foundation requirements. 10 48-908. TREBLE DAMAGES FOR BAD FAITH APPEAL OF DECISION. If the district 11 court finds that a party has removed a decision of an informal dispute settle- 12 ment mechanism in bad faith, by asserting a claim or defense that is frivo- 13 lous and costly to the other party, or by asserting an unfounded position 14 solely to delay recovery by the other party, then the court shall award to the 15 prevailing party three (3) times the actual damages sustained, together with 16 costs and attorney's fees. 17 48-909. CIVIL REMEDY. Any consumer injured by a violation of this chapter 18 may bring a civil action to enforce this chapter and recover costs and dis- 19 bursements, including reasonable attorney's fees incurred in the civil action. 20 However, the provisions of this section do not include recovery of attorney's 21 fees previously incurred in the course of informal dispute resolution. In 22 addition to the remedies provided herein, the attorney general may, when in 23 the public interest, bring an action pursuant to the Idaho consumer protection 24 act, chapter 6, title 48, Idaho Code, against any manufacturer for violation 25 of this chapter. For purposes of such action, violations of this chapter shall 26 be deemed to be violations of Idaho's consumer protection act. In any such 27 action, the attorney general and district court shall have the same authority 28 as is granted the attorney general and district court under the Idaho consumer 29 protection act. 30 48-910. LIMITATION ON ACTIONS. A civil action brought under this chapter 31 must be commenced within three (3) years of the date of original delivery of 32 the new motor vehicle to a consumer, except that if the consumer applies to an 33 informal dispute settlement mechanism within three (3) years of the date of 34 original delivery of the new motor vehicle to a consumer, and if the consumer 35 is aggrieved by the decision of the informal dispute settlement mechanism, 36 then any appeal of that decision brought under this chapter must be commenced 37 within three (3) months after the date of the final decision by the mechanism. 38 48-911. REMEDY NONEXCLUSIVE. Nothing in this chapter limits the rights or 39 remedies which are otherwise available to a consumer under any other law. 40 48-912. DISCLOSURE REQUIREMENT. In addition to any investigative powers 41 authorized by law, the attorney general may inspect the records of the infor- 42 mal dispute settlement mechanism upon reasonable notice, during regular busi- 43 ness hours, and may make available to the public information about the opera- 44 tion of the mechanism, but data on an individual case may not be disclosed 45 without the prior consent of the affected parties. 46 48-913. DEALER LIABILITY. Nothing in this chapter imposes liability on a 47 dealer or creates an additional cause of action by a consumer against a 48 dealer, except for written express warranties made by the dealer apart from 49 the manufacturer's warranties. The manufacturer shall not charge back or 8 1 require reimbursement by the dealer for any costs, including, but not limited 2 to, any refunds or vehicle replacements, incurred by the manufacturer arising 3 out of this chapter, unless there is evidence that the related repairs had not 4 been carried out by the dealer in a timely manner or in a manner substantially 5 consistent with the manufacturer's published instructions.
STATEMENT OF PURPOSE
RS 07576C2
This legislation is designed to furnish relief to Idaho
citizens who purchase or lease motor vehicle(s)with factory
defects. This proposed legislation will repeal the present
"Lemon Law" (Chapter 9, Title 48)and replace the repealed
law with legislation containing needed definitions, more
definite time frames and improved remedies.
FISCAL NOTE
There should be no fiscal impact except in instances where
the Office of the Attorney General may choose to intervene
as a consumer protection effort. If the case is prosecuted
and prevailed, the impact could be positive.
CONTACT: Senator Grant R. Ipsen - 332-1330
Representative Fred Tilman
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S 1434