Summary: Virginia Assistive Technology Device Warranties Act. Creates a "lemon law" for assistive technology devices. Assistive technology devices are mechanical devices and instruments used by disabled individuals to communicate, see, hear or maneuver, e.g., manual wheelchairs, motorized scooters, hearing aids and communications devices for the deaf, talking software, and Braille printers. The bill's key provisions stipulate that in addition to any express manufacturers' warranties otherwise provided, manufacturers of assistive technology devices impliedly warrant, for a period of at least one year following delivery to consumers, that their products are free of defects substantially impairing their value. During this one-year warranty period, consumers may obtain repairs of their assistive technology devices from manufacturers at no charge. If, within the 12-month period following delivery, the devices are (i) subject to repair for the same or related problem three times or (ii) not practically usable for a cumulative total of 30 days with no comparable loaner available, the devices must be replaced within 30 days, or the purchaser refunded his full purchase price (plus collateral costs) within 14 days. The bill prohibits the sale or lease of any device previously returned unless the reason for its return is disclosed to its prospective customer or lessee. A consumer's remedies are not limited to the Act's provisions; he may seek civil relief as well. Consumers are also furnished the option of submitting disputes arising under this act to the Dispute Resolution Unit of the Office of Consumer Affairs. A nearly identical version of this bill was approved by the 1997 Session of the General Assembly, with the proviso that its provisions would not become effective unless reenacted by the 1998 Session of the General Assembly. Full text: 01/26/98 House: Presented & ordered printed 986015408 pdf 02/06/98 House: Committee substitute printed 988111408-H1 pdf 02/10/98 House: Printed as engrossed 988111408-EH1 pdf 03/05/98 House: Bill text as passed House and Senate (HB941ER) pdf 04/09/98 Governor: Acts of Assembly Chapter text (CHAP0242) pdf Amendments: House amendments Senate amendments Senate amendments engrossed Status: 01/26/98 House: Presented & ordered printed 986015408 01/26/98 House: Referred to Committee on Science and Technology 02/06/98 House: Committee substitute printed 988111408-H1 02/06/98 House: Reported from S. T. w/sub. (13-Y 1-N) 02/09/98 House: Read first time 02/10/98 House: Read second time 02/10/98 House: Committee substitute agreed to 988111408-H1 02/10/98 House: Amendments by Mr. Plum agreed to 02/10/98 House: Engrossed by House - com. sub.w/amds. 988111408-EH1 02/10/98 House: Printed as engrossed 988111408-EH1 02/11/98 House: Read third time and passed House (97-Y 1-N) 02/11/98 House: VOTE: PASSAGE (97-Y 1-N) 02/11/98 House: Communicated to Senate 02/12/98 Senate: Constitutional reading dispensed 02/12/98 Senate: Referred to Committee on Commerce and Labor 02/23/98 Senate: Reported from C. & L. with amendment (14-Y 0-N) 02/24/98 Senate: Const. reading disp., passed by for the day (39-Y 0-N) 02/24/98 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N) 02/25/98 Senate: Read third time 02/25/98 Senate: Reading of amendment waived 02/25/98 Senate: Committee amendment agreed to 02/25/98 Senate: Engrossed by Senate as amended 02/25/98 Senate: Passed Senate with amendment (39-Y 0-N) 02/25/98 Senate: VOTE: PASSAGE R (39-Y 0-N) 02/25/98 Senate: Rec. of Sen. passage agreed to by Senate (40-Y 0-N) 02/25/98 Senate: VOTE: RECONSIDER R (40-Y 0-N) 02/25/98 Senate: Passed Senate with amendment (40-Y 0-N) 02/25/98 Senate: VOTE: PASSAGE R (40-Y 0-N) 02/26/98 House: Placed on Calendar 02/27/98 House: Senate amendment agreed to by House (94-Y 4-N) 02/27/98 House: VOTE: ADOPTION (94-Y 4-N) 03/05/98 House: Bill text as passed House and Senate (HB941ER) 03/12/98 House: Enrolled 03/13/98 House: Signed by Speaker 03/14/98 Senate: Signed by President 04/03/98 Governor: Approved by Governor-Chapter 242 (effective 7/1/98) 04/09/98 Governor: Acts of Assembly Chapter text (CHAP0242) |