1998 Legislation
Print Friendly

HOUSE BILL NO. 617 – Assistive techn warranty, exemptns


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0617................................by JUDICIARY, RULES AND ADMINISTRATION
ASSISTIVE TECHNOLOGY WARRANTY - Amends existing law to limit the items
which are exempt from the application of the Assistive Technology Warranty

02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
      Crow, Cuddy, 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, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Campbell, Deal, Mortensen, Mr Speaker
    Floor Sponsor - Kjellander
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Hansen
    Floor Sponsor - Dunklin
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 236
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 617


 1                                        AN ACT
 4        THE ACT.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 48-1402, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        48-1402.  DEFINITIONS. As used in this chapter:
 9        (1)  "Assistive  device" is an item, piece of equipment, or product system
10    that is designated and used to increase, maintain or improve functional  capa-
11    bilities  of  individuals  with  disabilities in the areas of seeing, hearing,
12    speaking, walking, breathing, performing manual tasks,  learning,  caring  for
13    oneself  or  working.  The  term  includes,  but  is  not  limited  to: manual
14    wheelchairs, motorized wheelchairs, motorized scooters, and  other  aids  that
15    enhance  the  mobility  of  an  individual;  hearing aids, assistive listening
16    devices and other aids that enhance an individual's ability to hear or  commu-
17    nicate;  voice  synthesized  computer modules, optical scanners, talking soft-
18    ware, braille printers, large print materials and other devices  that  enhance
19    an individual's ability to access print or communicate; and other devices such
20    as  environmental controls, adaptive transportation aids, communication boards
21    and modified environments. "Assistive device" does not include: (a) a transcu-
22    taneous electrical nerve stimulator, neuromuscular electrical  stimulator,  or
23    dynamic range of motion splint, if the stimulator or splint is already covered
24    by a warranty; (b) a hearing aid covered by a one (1) year express warranty to
25    repair or replace a device with a nonconformity; and (c) items  typically
26    sold  on  a  nonprescription basis  including , but not limited to,
27    upper and lower extremity prosthetics and  related  orthotics,    canes,
28    crutches,  walkers, bathroom safety aids, batteries, blood pressure kits, glu-
29    cose monitors, bandages, household aids, wraps and other disposable items.
30        (2)  "Assistive device dealer" means a person who is in  the  business  of
31    selling new assistive devices.
32        (3)  "Assistive  device  lessor"  means  a person who leases new assistive
33    devices to consumers, or who holds the lessor's rights, under a written lease.
34        (4)  "Collateral costs" means expenses incurred by a consumer  in  connec-
35    tion  with  the repair of a nonconformity, including the cost of sales tax and
36    of obtaining an alternative assistive device.
37        (5)  "Consumer" or "agency" means any of the following:
38        (a)  The purchaser of an assistive device, if  the  assistive  device  was
39        purchased from an assistive dealer or manufacturer for purposes other than
40        resale;
41        (b)  A  person  to  whom  the assistive device is transferred for purposes
42        other than resale, if the transfer occurs  before  the  expiration  of  an

 1        express warranty applicable to the assistive device;
 2        (c)  A person who may enforce the warranty; or
 3        (d)  A person who leases an assistive device from an assistive device les-
 4        sor under a written lease.
 5        (6)  "Demonstrator"  means an assistive device used primarily for the pur-
 6    pose of demonstration to the public.
 7        (7)  "Early termination cost" means  an  expense  or  obligation  that  an
 8    assistive  device lessor incurs as a result of both the termination of a writ-
 9    ten lease before the termination date set forth in that lease and  the  return
10    of an assistive device to the manufacturer. The term incurs a penalty for pre-
11    payment under a finance arrangement.
12        (8)  "Early  termination  savings"  means an expense or obligation that an
13    assistive device lessor avoids as a result of both the termination of a  writ-
14    ten  lease  before the termination date set forth in that lease and the return
15    of an assistive device to the manufacturer.  The  term  includes  an  interest
16    charge  that  the  assistive  device  lessor  would  have  paid to finance the
17    assistive device or, if the assistive  device  lessor  does  not  finance  the
18    assistive  device,  the  difference between the total period of the lease term
19    remaining after the early termination and the present value of that amount  at
20    the date of the early termination.
21        (9)  "Manufacturer" means a person who manufactures or assembles assistive
22    devices  and  agents  of  that person, including an importer, a distributor, a
23    factory branch, and a warrantor of the manufacturer's  assistive  device.  The
24    term does not include an assistive device dealer or lessor.
25        (10) "Nonconformity"  means a specific condition or generic defect or mal-
26    function, or a defect or condition that substantially impairs the  use,  value
27    or  safety  of an assistive device, but does not include a condition or defect
28    that is the result of abuse or unauthorized modification or alteration of  the
29    assistive device by the consumer.
30        (11) "Reasonable  attempt  to repair" means any of the following occurring
31    within the term of an express warranty applicable to a new assistive device:
32        (a)  The  manufacturer,  assistive  device   lessor,   or   any   of   the
33        manufacturer's  authorized assistive device dealers accepts returns of the
34        new assistive device for repair at least two (2) times; or
35        (b)  The assistive device is out of service for an aggregate of  at  least
36        thirty (30) cumulative days because of warranty nonconformities.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                               RS 07789C1
    The purpose of this legislation is to make technical corrections  
    to the list of assistive technologies exempted from coverage under  
    the law.
    CONTACT: Kelly Buckland 334-3800
             Rep. Paul Kjellander 332-1000
    Bill No. H617