SENATE BILL REPORT
HB 1466
AS PASSED SENATE, FEBRUARY 26, 1994
Brief Description: Regulating motorized wheelchair warranties.
SPONSORS: Representatives Jacobsen, Wang, Ludwig, G. Cole and Romero
HOUSE COMMITTEE ON COMMERCE & LABOR
SENATE COMMITTEE ON LABOR & COMMERCE
Majority Report: Do pass as amended.
Signed by Senators Prentice, Vice Chairman; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Sutherland, Vognild and Wojahn.
Staff: Catherine Mele (786-7470)
Hearing Dates: March 25, 1993; April 1, 1993; February 16, 1994; February 17, 1994
BACKGROUND:
Washington has a motor vehicle lemon law, which requires a motor vehicle manufacturer to replace or repurchase a nonconforming new motor vehicle if the manufacturer is unable to correct the nonconformity after a reasonable number of attempts.
Other than implied warranties under the Uniform Commercial Code, there is no law which warrants new motorized wheelchairs. There is currently one state, Wisconsin, with a motorized wheelchair lemon law.
SUMMARY:
Motorized wheelchair manufacturers must give at least a one-year express warranty to motorized wheelchair consumers. If a manufacturer fails to provide a one year warranty, the motorized wheelchair is covered by an implied warranty. After a reasonable attempt to repair a nonconforming wheelchair, the manufacturer must either replace or refund the nonconforming new motorized wheelchair. A refund of the motorized wheelchair includes the full purchase price plus finance charges, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use.
SUMMARY OF SENATE AMENDMENT:
The striking amendment makes the provisions of the bill applicable to all wheelchairs.
Appropriation: none
Revenue: none
Fiscal Note: requested
TESTIMONY FOR:
Purchasers of wheelchairs should be provided with warranties because wheelchairs are very costly. Regular wheelchairs can cost up to $2,000 and motorized wheelchairs cost approximately $17,000. This bill gives wheelchair users the ability to obtain quick repairs or replacement of wheelchairs. In many instances, a wheelchair provides purchasers with a means to interact with the community and to work. Without a wheelchair that works properly, a disabled person can be without a method of transportation for a long period of time.
TESTIMONY AGAINST: None
TESTIFIED: PRO: Cheryl Marshall, Washington Assembly; Michael Doctor, United Cerebral Palsy Association of Washington; Mike Rogers; Mike Collins, Governor's Committee on Disability Issues and Employment; Richard Watson