View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0493...........................................................by BUSINESS SERVICE CONTRACTS - Amends existing law relating to insurance to provide that "service contracts" may provide for the repair, replacement or maintenance of property for damage resulting from power surges and for accidental damage from handling. 02/08 House intro - 1st rdg - to printing 02/11 Rpt prt - to Bus 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 63-0-7 AYES -- Anderson, Barrett, Bayer, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Andrus, Bedke, Kren, Raybould, Smith(24), Stevenson, Wood(27) Floor Sponsor - Snodgrass Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Com/HuRes 02/29 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Davis Floor Sponsor - Goedde Title apvd - to House 03/07 To enrol 03/10 Rpt enrol - Sp signed 03/11 Pres signed - To Governor 03/17 Governor signed Session Law Chapter 137 Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 493 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING SECTION 41-114A, IDAHO CODE, TO PROVIDE THAT 3 "SERVICE CONTRACTS" MAY PROVIDE FOR THE REPAIR, REPLACEMENT, OR MAINTE- 4 NANCE OF PROPERTY FOR DAMAGE RESULTING FROM POWER SURGES AND FOR ACCIDEN- 5 TAL DAMAGE FROM HANDLING. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 41-114A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 41-114A. SERVICE CONTRACTS. (1) The term "service contract," as used in 10 this section, means a contract or agreement for a separately stated consider- 11 ation for a specific duration to perform the repair, replacement or mainte- 12 nance of property or to reimburse, in whole or in part, the owner of such 13 property for the repair, replacement or maintenance of property if an opera- 14 tional or structural failure is due to a defect in materials or manufacturing 15 or to normal wear and tear. A service contract may contain a provision for 16 incidental payment under such contract where service, repair or replacement is 17 not feasible or economical. Service contracts, other than motor vehicle ser- 18 vice contracts subject to the provisions of the Idaho motor vehicle service 19 contract act, chapter 28, title 49, Idaho Code, may provide for the repair, 20 replacement or maintenance of property for damage resulting from power surges 21 and accidental damage from handling. 22 (2) The marketing, sale, offering for sale, issuance, making, proposing 23 to make, and administration of a service contract is exempt from the provi- 24 sions of title 41, Idaho Code. 25 (3) Service contracts shall be subject to the provisions of the Idaho 26 consumer protection act, chapter 6, title 48, Idaho Code.
STATEMENT OF PURPOSE RS 17757 Currently, Idaho law only allows consumers to purchase service contracts (sometimes called extended warranties) for damage resulting from manufacturing defects or by normal wear and tear as opposed to defects caused by accidental damage. It is often difficult to determine, however, what constitutes a "manufacturing defect" or "normal wear and tear" and what constitutes "accidental damage." In addition, consumers often assume that service contracts include coverage for damage resulting from an accident or from a power surge. This legislation allows a manufacturer to provide service contract coverage for the repair, replacement, or maintenance of a product for accidental damage or damage resulting from a power surge, not just for manufacturing defects or normal wear and tear. FISCAL NOTE There will be no fiscal impact to the general fund. CONTACT Name: Ken McClure Jeremy Chou Phone: 388-1200 STATEMENT OF PURPOSE/FISCAL NOTE H 493