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House Journal: Page 386: Monday, March 2, 1998

from Bamburg, Germany. He was accompanied by Coleen Chipman and
Harry Seelman.  The House rose and expressed its welcome.

CONSIDERATION OF BILLS
Regular Calendar
House File 530, a bill for an act concerning assistive devices
by requiring a warranty, and providing for replacement of
assistive devices and consumer remedies, with report of
committee recommending passage was taken up for consideration.
Witt of Black Hawk offered the following amendment H-8027 filed
by him and Boddicker of Cedar and moved its adoption:

H-8027

 1     Amend House File 530 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  NEW SECTION.  216E.1  DEFINITIONS.
 5     As used in this chapter, unless the context
 6   otherwise provides:
 7     1.  "Assistive device" means any item, piece of
 8   equipment, or product system which is purchased, or
 9   whose transfer is accepted in this state, and which is
10   used to increase, maintain, or improve the functional
11   capabilities of individuals with disabilities
12   concerning a major life activity as defined in section
13   225C.46.  "Assistive device" does not mean any medical
14   device, surgical device, or organ implanted or
15   transplanted into or attached directly to an
16   individual.  "Assistive device" does not mean any
17   device for which a certificate of title is issued by
18   the state department of transportation but does mean
19   any item, piece of equipment, or product system
20   otherwise meeting the definition of "assistive device"
21   that is incorporated, attached, or included as a
22   modification in or to such a certificated device.
23     2.  "Assistive device dealer" means a person who is
24   in the business of selling assistive devices.
25     3.  "Assistive device lessor" means a person who
26   leases assistive devices to consumers, or who holds
27   the lessor's rights, under a written lease.
28     4.  "Collateral costs" means expenses incurred by a
29   consumer in connection with the repair of a
30   nonconformity, including the cost of shipping, sales
31   tax, and of obtaining an alternative assistive device.
32     5.  "Consumer" means any one of the following:
33     a.  The purchaser of an assistive device, if the
34   assistive device was purchased from an assistive
35   device dealer or manufacturer for purposes other than

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