ASSISTIVE TECHNOLOGY WARRANTY Senate SponsorsSen. Miguel del Valle, John J. Cullerton-Kwame Raoul-Jacqueline Y. Collins, Martin A. Sandoval, Ira I. Silverstein, Iris Y. Martinez and James T. Meeks House Sponsors(Rep. Sara Feigenholtz-Sidney H. Mathias-Jim Watson-Julie Hamos-Marlow H. Colvin, Angelo Saviano, Jack McGuire, John A. Fritchey and Kathleen A. Ryg) 7/29/2005SenatePublic Act . . . . . . . . . 94-0378 New ActCreates the Assistive Technology Protection Act. Requires a physical evaluation of a consumer by a health care professional and a technology assessment by a qualified rehabilitation professional before an assistive device is sold or leased to the consumer. Provides that a manufacturer who sells an assistive device shall furnish the consumer with an express warranty that the assistive device will be free from any condition or defect that substantially impairs the value of the assistive device to the consumer. Provides that the consumer is entitled to a refund from the manufacturer if the manufacturer fails to repair the assistive device. Establishes procedures for receiving a refund. Prohibits the resale or lease of an assistive device returned by a consumer without full disclosure of the reasons for the return. Provides for arbitration of disputes under the Act, under rules adopted by the Attorney General. Requires the Attorney General to prepare a written statement of a consumer's rights under the Act and to make copies of the statement available to assistive device manufacturers, dealers, and lessors. Provides that a consumer's purported waiver of any of his or her rights under the Act is void. Authorizes the Attorney General to impose civil penalties for violations of the Act, and provides for damages caused by a violation of the Act.Senate Committee Amendment No. 2 Adds reference to:815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262ZReplaces everything after the enacting clause. Creates the Assistive Technology Warranty Act and amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a manufacturer or assistive technology device lessor who sells or leases an assistive technology device to a consumer, either directly or through an assistive technology device dealer, must furnish the consumer with an express warranty for the assistive technology device warranting that the device is free of any nonconformity. Provides that the duration of the express warranty shall be not less than one year after the date of the initial delivery of the assistive technology device to the consumer. Provides that if a new assistive technology device does not conform to an applicable express warranty, a reasonable attempt to repair the nonconformity shall be made at no charge to the consumer. Provides for a refund to a consumer if the nonconformity is not repaired after a reasonable attempt to do so. Provides for arbitration in accordance with rules adopted by the Attorney General. Provides that any waiver by a consumer of rights under the Assistive Technology Warranty Act is void. Provides for civil remedies. Provides that a violation of the Assistive Technology Warranty Act is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.Senate Floor Amendment No. 3 Deletes reference to:815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262ZReplaces everything after the enacting clause. Creates the Assistive Technology Warranty Act with provisions substantially similar to those of Senate Bill 101 as amended by Senate Amendment No. 2, except eliminates provisions concerning arbitration of disputes arising under the Act. Also eliminates amendatory changes made to the Consumer Fraud and Deceptive Business Practices Act.Fiscal Note (S-AM 2) (Department of Revenue) Senate Bill 101, as amended by Senate Amendment 2, does not have a fiscal impact on the Illinois Department of Revenue.Fiscal Note (S-AM 3) (Department of Revenue) Senate Bill 101, as amended by Senate Amendment 3, does not have a fiscal impact on the Illinois Department of Revenue.Fiscal Note (S-AM 2 & 3) (Dept. of Central Management Services) CMS anticipates no fiscal impact from this bill.Fiscal Note (Department of Human Services) Senate Bill 101 has no fiscal impact to the Department of Human Services.Fiscal Note (S-AM 2)(Department of Human Services) Senate Bill 101 (S-AM 2) has no fiscal impact to the Department of Human Services.Fiscal Note (S-AM 3)(Department of Human Services) Senate Bill 101 (S-AM 3) has no fiscal impact to the Department of Human Services.House Amendment No. 1 Provides that "assistive technology device" does not include a "hearing instrument" or "hearing aid" as defined in the Hearing Instrument Consumer Protection Act. Deletes a provision that "consumer" does not include a public school district or special education joint agreement. In provisions concerning an assistive technology device replacement or refund, replaces references to "manufacturer" with references to "person from whom the assistive technology device was purchased or leased". Deletes a provision concerning a manufacturer's cause of action against a dealer or lessor in connection with an assistive technology device replacement or refund. 1/26/2005SenateFiled with Secretary by Sen. Miguel del Valle 1/26/2005SenateFirst Reading 1/26/2005SenateReferred to Rules 1/27/2005SenateAdded as Co-Sponsor Sen. John J. Cullerton 2/3/2005SenateAssigned to Housing & Community Affairs 2/16/2005SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul 2/24/2005SenatePostponed - Housing & Community Affairs 2/24/2005SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 3/2/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Miguel del Valle 3/2/2005SenateSenate Committee Amendment No. 1 Referred to Rules 3/2/2005SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 3/8/2005SenateSenate Committee Amendment No. 1 Rules Refers to Housing & Community Affairs 3/9/2005SenatePostponed - Housing & Community Affairs 3/11/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Miguel del Valle 3/11/2005SenateSenate Committee Amendment No. 2 Referred to Rules 3/15/2005SenateSenate Committee Amendment No. 2 Rules Refers to Housing & Community Affairs 3/15/2005SenateSenate Committee Amendment No. 1 Held in Housing & Community Affairs 3/15/2005SenateSenate Committee Amendment No. 2 Adopted 3/16/2005SenateDo Pass as Amended Housing & Community Affairs; 008-001-000 3/16/2005SenatePlaced on Calendar Order of 2nd Reading March 17, 2005 3/16/2005SenateFiscal Note Requested by Sen. J. Bradley Burzynski; as amended by Senate Amendment No. 2. 3/18/2005SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules 3/18/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Miguel del Valle 3/18/2005SenateSenate Floor Amendment No. 3 Referred to Rules 4/5/2005SenateFiscal Note Filed as amended by Senate Amendment No. 2 from the Illinois Department of Revenue. 4/5/2005SenateFiscal Note Filed as amended by Senate Amendment No. 3 from the Illinois Department of Revenue. 4/6/2005SenateSenate Floor Amendment No. 3 Rules Refers to Housing & Community Affairs 4/7/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Housing & Community Affairs; 008-000-000 4/8/2005SenateAdded as Co-Sponsor Sen. Ira I. Silverstein 4/8/2005SenateAdded as Co-Sponsor Sen. Iris Y. Martinez 4/8/2005SenateAdded as Co-Sponsor Sen. James T. Meeks 4/12/2005SenateFiscal Note Filed as amended by Senate Amendments No. 2 and 3, from the Illinois Department of Central Management Services. 4/13/2005SenateFiscal Note Filed from the Illinois Department of Human Services. 4/13/2005SenateFiscal Note Filed as amended by Senate Amendment No. 2, from the Illinois Department of Human Services. 4/13/2005SenateFiscal Note Filed as amended by Senate Amendment No. 3, from the Illinois Department of Human Services. 4/13/2005SenateSecond Reading 4/13/2005SenateSenate Floor Amendment No. 3 Adopted; del Valle 4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005 4/14/2005SenateThird Reading - Passed; 059-000-000 4/14/2005SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/14/2005HouseArrived in House 4/14/2005HousePlaced on Calendar Order of First Reading 4/14/2005HouseChief House Sponsor Rep. Sara Feigenholtz 4/14/2005HouseAdded Alternate Chief Co-Sponsor Rep. Sidney H. Mathias 4/14/2005HouseFirst Reading 4/14/2005HouseReferred to Rules Committee 4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Jim Watson 4/15/2005HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano 4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Julie Hamos 4/20/2005HouseAssigned to Registration and Regulation Committee 4/20/2005HouseAdded Alternate Co-Sponsor Rep. Jack McGuire 4/26/2005HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey 4/26/2005HouseRe-assigned to Consumer Protection Committee 5/3/2005HouseAdded Alternate Chief Co-Sponsor Rep. Marlow H. Colvin 5/3/2005HouseHouse Amendment No. 1 Filed with Clerk by Consumer Protection Committee 5/3/2005HouseHouse Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote 5/3/2005HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 011-000-000 5/4/2005HousePlaced on Calendar 2nd Reading - Short Debate 5/9/2005HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg 5/10/2005HouseSecond Reading - Short Debate 5/10/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/19/2005HouseThird Reading - Short Debate - Passed 114-000-000 5/19/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/19/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 20, 2005. 5/19/2005SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle 5/19/2005SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/23/2005SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Housing & Community Affairs 5/24/2005SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Housing & Community Affairs; 007-000-000 5/25/2005SenateHouse Amendment No. 1 Senate Concurs 059-000-000 5/25/2005SenatePassed Both Houses 6/23/2005SenateSent to the Governor 7/29/2005SenateGovernor Approved 7/29/2005SenateEffective Date January 1, 2006 7/29/2005SenatePublic Act . . . . . . . . . 94-0378