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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
Act.
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
NAYS--None
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
H0617|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 617 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE ASSISTIVE TECHNOLOGY WARRANTY ACT; AMENDING SECTION 48-1402, 3 IDAHO CODE, TO LIMIT THE ITEMS WHICH ARE EXEMPT FROM THE APPLICATION OF 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) itemstypically26sold on a nonprescription basisincluding, but not limited to,27upper 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 2 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
RS 07789C1
The purpose of this legislation is to make technical corrections
to the list of assistive technologies exempted from coverage under
the law.
FISCAL NOTE
None.
CONTACT: Kelly Buckland 334-3800
Rep. Paul Kjellander 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H617