2000 Legislation
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HOUSE BILL NO. 704 – Automobile, return to manuf, refund

HOUSE BILL NO. 704

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Daily Data Tracking History



H0704...............................................by REVENUE AND TAXATION
MOTOR VEHICLES - REFUND - Adds to existing law to require an automobile
manufacturer to accept return of a motor vehicle and to refund the customer
the full amount of the purchase price, including all taxes, if specified
conditions have been satisfied; and to provide that such refund is an
exclusive remedy which precludes action under any other provision of law
relating to new motor vehicle warranties and a manufacturer's duty to
repair, refund or replace a new vehicle that cannot be made to conform to
the vehicle warranty or guarantee.
                                                                        
02/29    House intro - 1st rdg - to printing
03/01    Rpt prt - to Transp

Bill Text


 H0704
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 704
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AUTOMOBILE MANUFACTURER'S DUTY TO ACCEPT  RETURN  OF  VEHICLE  AND
  3        DUTY  TO REFUND CUSTOMER; AMENDING CHAPTER 9, TITLE 48, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 48-903A, IDAHO CODE, TO PROVIDE FOR REFUND OF  A
  5        VEHICLE  BY A MANUFACTURER, TO PROVIDE CONDITIONS AND TO PROVIDE THAT SUCH
  6        REFUND IS AN EXCLUSIVE REMEDY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 9, Title 48, Idaho Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 48-903A, Idaho Code, and to read as follows:
                                                                        
 11        48-903A.  MANUFACTURER'S DUTY TO ACCEPT RETURN OF  VEHICLE AND REFUND  THE
 12    CONSUMER  --  EXCLUSIVE  REMEDY.  (1)  A consumer may request a refund for the
 13    full amount of the purchase price of a vehicle, and upon return of that  vehi-
 14    cle  to the manufacturer, the manufacturer shall refund the consumer, provided
 15    that:
 16        (a)  The defect has not been fully corrected within three  (3)  months  as
 17        requested by the consumer;
 18        (b)  The  condition  of the vehicle, except for the uncorrected defect, is
 19        substantially the same as when the consumer received the vehicle from  the
 20        manufacturer; and
 21        (c)  The consumer has filed a claim with the manufacturer.
 22        (2)  Within  thirty  (30)  days  of receipt of the claim for a refund, the
 23    manufacturer shall refund the full amount of the purchase price including  all
 24    taxes,  at  which  time the consumer shall release possession and title of the
 25    vehicle to the manufacturer.
 26        (3)  The provisions of this section are intended as an  exclusive  remedy,
 27    and  no  arbitration  or  any  form of dispute settlement process or procedure
 28    shall be required. Action taken pursuant to this section precludes a  consumer
 29    from  taking  any  other action, relating to the same vehicle, under any other
 30    section of chapter 9, title 48, Idaho Code, and no consumer who has taken  any
 31    action,  relating  to  the same vehicle, under any other section of chapter 9,
 32    title 48, Idaho Code, shall be eligible to request a refund pursuant  to  this
 33    section.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS10196 
                           
     The purpose of this legislation is to strengthen the Lemon Law legislation that
     requires the automobile manufacturer to act in a timely manner.
     
     
      
                    FISCAL IMPACT
     
     No fiscal impact to the general fund. 
     
     
     
     
     
     
     
     
     
               CONTACT:  Representative Charles Cuddy
               332-1000
               Cy Chase 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                               H 704