BY REPRESENTATIVES K. Alexander, Chavez, Epps, Keller, Leyba, Morrison, and Udall;
also SENATORS Bishop, B. Alexander, Hernandez,
Hopper, J. Johnson, Linkhart, Martinez, Pascoe, Phillips,
Reeves, Rupert, Tanner, Thiebaut, and Wham.
CONCERNING SELFSUFFICIENCY FOR PERSONS WITH
DISABILITIES BY ASSURING RELIABLE FACILITATIVE TECHNOLOGY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
1 of title 6, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW PART to read:
PART 5
61501. Definitions.
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "COLLATERAL COSTS" MEANS
EXPENSES INCURRED BY A CONSUMER IN CONNECTION WITH THE REPAIR
OF A NONCONFORMITY IN A FACILITATIVE DEVICE, INCLUDING THE COST
OF AN ALTERNATIVE FACILITATIVE DEVICE OR OTHER FACILITATIVE DEVICE
OR SERVICE.
(2) "CONSUMER" MEANS:
(a) A PURCHASER OF A FACILITATIVE DEVICE,
IF THE FACILITATIVE DEVICE WAS PURCHASED FROM A DEALER OR MANUFACTURER
FOR PURPOSES OTHER THAN RESALE;
(b) A PERSON TO WHOM A FACILITATIVE DEVICE
IS TRANSFERRED FOR PURPOSES OTHER THAN RESALE, IF SUCH TRANSFER
OCCURS BEFORE THE EXPIRATION OF THE EXPRESS WARRANTY APPLICABLE
TO SUCH FACILITATIVE DEVICE;
(c) A PERSON WHO MAY ENFORCE THE EXPRESS
WARRANTY APPLICABLE TO A FACILITATIVE DEVICE; OR
(d) A PERSON WHO LEASES A FACILITATIVE
DEVICE FROM A LESSOR UNDER A WRITTEN LEASE.
(3) "DEALER" MEANS A PERSON
OR ENTITY THAT IS IN THE BUSINESS OF SELLING FACILITATIVE DEVICES,
OR ANY AGENTS OF THAT PERSON OR ENTITY. "DEALER" INCLUDES
AN ALTERNATIVE WARRANTY SERVICE PROVIDER.
(4) (a) "EARLY TERMINATION COST"
MEANS ANY EXPENSE OR OBLIGATION THAT A LESSOR OF FACILITATIVE
DEVICES INCURS AS A RESULT OF:
(I) TERMINATING A WRITTEN LEASE BEFORE
THE TERMINATION DATE SET FORTH IN THE LEASE; AND
(II) RETURNING THE FACILITATIVE DEVICE
TO THE MANUFACTURER.
(b) "EARLY TERMINATION COST"
INCLUDES ANY PREPAYMENT PENALTY UNDER A FINANCE ARRANGEMENT.
(5) "EARLY TERMINATION SAVINGS"
MEANS ANY EXPENSE OR OBLIGATION THAT A LESSOR OF FACILITATIVE
DEVICES AVOIDS AS A RESULT OF PERFORMING THE ACTS DESCRIBED IN
PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION. "EARLY
TERMINATION SAVINGS" INCLUDES ANY INTEREST CHARGE THAT THE
LESSOR OF FACILITATIVE DEVICES WOULD HAVE PAID TO FINANCE THE
FACILITATIVE DEVICE OR, IF THE LESSOR DID NOT FINANCE THE FACILITATIVE
DEVICE, THE DIFFERENCE BETWEEN THE TOTAL AMOUNT THE LESSEE WAS
OBLIGATED TO PAY OVER THE PERIOD OF THE LEASE TERM REMAINING AFTER
THE EARLY TERMINATION DATE AND THE PRESENT VALUE OF THAT AMOUNT
ON THE EARLY TERMINATION DATE.
(6) "EXPRESS WARRANTY" MEANS
AN EXPRESS WARRANTY AS SET FORTH IN SECTIONS 42313
AND 42.5210, C.R.S. AN EXPRESS WARRANTY SHALL COVER
EVERY PART OF A NEW FACILITATIVE DEVICE.
(7) "FACILITATIVE DEVICE" MEANS
A DEVICE THAT HAS A RETAIL PRICE EQUAL TO OR GREATER THAN ONE
HUNDRED DOLLARS AND THAT IS EXCLUSIVELY DESIGNED AND MANUFACTURED
TO ASSIST A PERSON WITH A DISABILITY WITH SUCH PERSON'S SPECIFIC
DISABILITY, THROUGH THE USE OF FACILITATIVE TECHNOLOGY, TO BE
SELFSUFFICIENT OR TO MAINTAIN OR IMPROVE THAT PERSON'S QUALITY
OF LIFE. "FACILITATIVE DEVICE" DOES NOT INCLUDE WHEELCHAIRS
AS THAT TERM IS DEFINED IN SECTION 61402 (17).
"FACILITATIVE DEVICE" DOES INCLUDE THE FOLLOWING:
(a) TELEPHONE COMMUNICATION DEVICES FOR
THE HEARING IMPAIRED AND OTHER FACILITATIVE LISTENING DEVICES
EXCEPT FOR HEARING AIDS AS DEFINED IN SECTION 61105.5
(1) (b) (I) AND COCHLEAR IMPLANTS AS DEFINED IN SECTION 61105.5
(1) (b) (II);
(b) COMPUTER EQUIPMENT AND READING DEVICES
WITH VOICE INPUT OR OUTPUT, OPTICAL SCANNERS, TALKING SOFTWARE,
BRAILLE PRINTERS, AND OTHER AIDS AND DEVICES THAT PROVIDE ACCESS
TO TEXT BY A PERSON WITH A DISABILITY;
(c) COMPUTER EQUIPMENT WITH VOICE OUTPUT,
ARTIFICIAL LARYNGES, VOICE AMPLIFICATION DEVICES, AND OTHER ALTERNATIVE
AND AUGMENTATIVE COMMUNICATION DEVICES;
(d) VOICE RECOGNITION COMPUTER EQUIPMENT,
SOFTWARE AND HARDWARE ACCOMMODATIONS, AND OTHER FORMS OF ALTERNATIVE
ACCESS TO COMPUTERS FOR PERSONS WITH DISABILITIES; AND
(e) ANY OTHER DEVICE, OTHER THAN A WHEELCHAIR,
THAT ENABLES A PERSON WITH A DISABILITY TO COMMUNICATE, SEE, HEAR,
OR MANEUVER.
(8) "FACILITATIVE TECHNOLOGY"
MEANS TECHNOLOGY USED TO DEVELOP TECHNOLOGICAL DEVICES TO BE USED
EXCLUSIVELY FOR THE PURPOSE OF ASSISTING A PERSON WITH A DISABILITY
WITH RESPECT TO SUCH PERSON'S SPECIFIC DISABILITY BY FACILITATING
OR ENHANCING THAT PERSON'S ABILITY TO BE SELFSUFFICIENT.
(9) "LESSOR" MEANS A PERSON
OR ENTITY THAT LEASES A FACILITATIVE DEVICE TO A CONSUMER OR THAT
HOLDS THE LESSOR'S RIGHTS UNDER A WRITTEN LEASE, OR ANY AGENTS
OF THAT PERSON OR ENTITY.
(10) "MANUFACTURER" MEANS A
PERSON OR ENTITY THAT MANUFACTURES OR ASSEMBLES FACILITATIVE DEVICES
AND ANY AGENTS OF THAT PERSON OR ENTITY, INCLUDING AN IMPORTER,
A DISTRIBUTOR, AN AUTHORIZED SERVICER, A FACTORY BRANCH, A DISTRIBUTOR
BRANCH, AND WARRANTORS OF THE MANUFACTURER'S FACILITATIVE DEVICES.
"MANUFACTURER" DOES NOT INCLUDE A DEALER.
(11) "NONCONFORMITY" MEANS A
DEFECT THAT SUBSTANTIALLY IMPAIRS THE USE, RELIABILITY, VALUE,
OR SAFETY OF A FACILITATIVE DEVICE AND THAT IS COVERED BY AN EXPRESS
WARRANTY APPLICABLE TO SUCH FACILITATIVE DEVICE OR A COMPONENT
OF SUCH FACILITATIVE DEVICE. "NONCONFORMITY" DOES NOT
INCLUDE A DEFECT THAT IS THE RESULT OF ABUSE, NEGLECT, OR THE
UNAUTHORIZED MODIFICATION OR ALTERATION OF A FACILITATIVE DEVICE
BY A CONSUMER.
(12) "PERSON WITH A DISABILITY"
MEANS A PERSON WHO IS CONSIDERED TO HAVE A MENTAL OR PHYSICAL
DISABILITY, IMPAIRMENT, OR HANDICAP FOR PURPOSES OF ANY OTHER
LAW OF THIS STATE OR OF THE UNITED STATES, INCLUDING ANY RULE
OR REGULATION.
(13) "REASONABLE ATTEMPT TO REPAIR"
MEANS THAT ONE OF THE FOLLOWING HAS OCCURRED WITHIN THE TERM OF
AN EXPRESS WARRANTY APPLICABLE TO A NEW FACILITATIVE DEVICE OR
WITHIN ONE YEAR AFTER FIRST DELIVERY OF A FACILITATIVE DEVICE
TO A CONSUMER, WHICHEVER OCCURS EARLIER:
(a) THE SAME NONCONFORMITY IS SUBJECT
TO REPAIR AT LEAST THREE TIMES BY THE MANUFACTURER, LESSOR, OR
ANY OF THE MANUFACTURER'S AUTHORIZED DEALERS; OR
(b) BECAUSE OF A NONCONFORMITY, THE FACILITATIVE
DEVICE CANNOT BE USED BY THE CONSUMER FOR AN AGGREGATE OF AT LEAST
THIRTY DAYS.
(14) "REPLACEMENT FACILITATIVE DEVICE"
MEANS A FACILITATIVE DEVICE OF COMPARABLE QUALITY, SIZE, AND FUNCTION.
(15) "SELLING DEALER" MEANS
THE ENTITY THAT ORIGINALLY SOLD THE FACILITATIVE DEVICE TO THE
CONSUMER AND WAS INVOLVED IN THE DESIGN, ASSEMBLY, FITTING, AND
EDUCATION OF THE CONSUMER ON THE USE AND MAINTENANCE OF THE FACILITATIVE
DEVICE.
61502. Express warranty
required authorized servicers.
(1) A CONSUMER WHO PURCHASES OR LEASES A NEW FACILITATIVE
DEVICE EITHER DIRECTLY OR INDIRECTLY THROUGH A DEALER OR LESSOR
SHALL RECEIVE AN EXPRESS WARRANTY FOR SUCH FACILITATIVE DEVICE.
THE MANUFACTURER SHALL ISSUE THIS EXPRESS WARRANTY THAT SHALL
EXTEND FOR NOT LESS THAN ONE YEAR AFTER FIRST DELIVERY TO THE
CONSUMER.
(2) IF A MANUFACTURER OR DEALER FAILS
TO FURNISH THE EXPRESS WARRANTY REQUIRED BY THIS SECTION, THE
FACILITATIVE DEVICE SHALL BE COVERED BY A WARRANTY THE SAME AS
IF AN EXPRESS WARRANTY HAD BEEN PROVIDED BY THE MANUFACTURER OR
DEALER PURSUANT TO THIS SECTION.
(3) ANY ENTITY THAT SELLS OR LEASES FACILITATIVE
DEVICES IN THIS STATE, INCLUDING ANY ENTITY THAT SELLS OR LEASES
THROUGH MAIL ORDER OR CATALOGUE SALES, SHALL DESIGNATE AN AUTHORIZED
SERVICER FOR SUCH FACILITATIVE DEVICES THAT IS ACCESSIBLE TO THE
CONSUMER.
(4) (a) IN THE EVENT THAT THE SELLING
DEALER FROM WHOM THE CONSUMER PURCHASED THE FACILITATIVE DEVICE
GOES OUT OF BUSINESS OR CEASES TO BE AN AUTHORIZED DEALER OR SERVICE
CENTER FOR THE MANUFACTURER, OR IF THE DEALER OR CONSUMER MOVES
OR RELOCATES TO A LOCATION THAT MAKES IT UNREASONABLE FOR THE
CONSUMER TO SEEK WARRANTY SERVICE FROM THE SELLING DEALER, OR
IF THE CONSUMER IS DISSATISFIED WITH THE SELLING DEALER, THE CONSUMER
SHALL BE RESPONSIBLE FOR CONTACTING THE MANUFACTURER OR ANOTHER
AUTHORIZED DEALER WHICH WILL BE RESPONSIBLE FOR FACILITATING THE
WARRANTY SERVICE REQUIRED WITH AN AUTHORIZED DEALER, TO BE MUTUALLY
AGREED UPON BY THE CONSUMER AND THE MANUFACTURER, WHICH ENTITY
SHALL BE REFERRED TO AS THE "ALTERNATIVE WARRANTY SERVICE
PROVIDER".
(b) IN THE EVENT THAT AN ALTERNATIVE WARRANTY
SERVICE PROVIDER IS DESIGNATED PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (4), THE CONSUMER MAY ONLY SEEK WARRANTY SERVICE FROM
SUCH ALTERNATIVE WARRANTY SERVICE PROVIDER.
61503. Remedies.
(1) IF A NEW FACILITATIVE DEVICE DOES NOT CONFORM
TO THE APPLICABLE EXPRESS WARRANTY AND THE CONSUMER REPORTS THE
NONCONFORMITY TO THE MANUFACTURER, THE LESSOR, THE SELLING DEALER,
OR THE ALTERNATIVE WARRANTY SERVICE PROVIDER, AND MAKES THE FACILITATIVE
DEVICE AVAILABLE FOR REPAIR WITHIN THE WARRANTY PERIOD, THE NONCONFORMITY
SHALL BE REPAIRED AT NO CHARGE TO THE CONSUMER. ANY REPAIRS PERFORMED
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE WARRANTED
FOR A PERIOD NOT LESS THAN THE ORIGINAL WARRANTY PERIOD.
(2) IF THE MANUFACTURER AUTHORIZES THE
DEALER OR LESSOR TO MAKE THE REPAIR, THE DEALER OR LESSOR SHALL
MAKE THE REPAIR AND THEN BE REIMBURSED BY THE MANUFACTURER FOR
THE DEALER'S OR LESSOR'S COST FOR PARTS, LABOR, AND REPAIR IF
THE NONCONFORMITY IS A MANUFACTURER'S DEFECT. A MANUFACTURER
SHALL RESPOND TO THE DEALER'S OR LESSOR'S REQUEST FOR AUTHORIZATION
TO MAKE A REPAIR WITHIN THREE BUSINESS DAYS AFTER SUCH A REQUEST
IS MADE.
(3) IF A NONCONFORMITY IS NOT REPAIRED
AFTER A REASONABLE ATTEMPT TO REPAIR, THE MANUFACTURER OR DEALER
WHO ORIGINALLY SUPPLIED OR MODIFIED THE FACILITATIVE DEVICE, AS
REQUIRED BY THIS SECTION, SHALL:
(a) IF THE FACILITATIVE DEVICE WAS PURCHASED,
TAKE THE FOLLOWING ACTION AT THE DIRECTION OF THE CONSUMER:
(I) ACCEPT A RETURN OF THE FACILITATIVE
DEVICE, PROVIDE A REPLACEMENT FACILITATIVE DEVICE OF EQUAL OR
GREATER VALUE, AND REFUND ANY COLLATERAL COSTS TO THE CONSUMER,
A HOLDER OF A PERFECTED SECURITY INTEREST IN THE FACILITATIVE
DEVICE, OR A THIRDPARTY PURCHASER; OR
(II) ACCEPT A RETURN OF THE FACILITATIVE
DEVICE AND REFUND TO THE CONSUMER, HOLDER OF A PERFECTED SECURITY
INTEREST IN THE FACILITATIVE DEVICE, OR THIRDPARTY PURCHASER
NOT MORE THAN THE FULL PURCHASE PRICE PLUS ANY FINANCE CHARGE,
SALES TAX, SHIPPING COSTS, AND COLLATERAL COSTS PAID.
(b) IF THE FACILITATIVE DEVICE WAS LEASED,
TAKE ALL OF THE FOLLOWING ACTIONS AT THE DIRECTION OF THE CONSUMER:
(I) ACCEPT A RETURN OF THE FACILITATIVE
DEVICE;
(II) (A) REFUND TO THE LESSOR OR
ANY HOLDER OF A PERFECTED SECURITY INTEREST IN THE FACILITATIVE
DEVICE THE CURRENT VALUE OF THE WRITTEN LEASE.
(B) FOR PURPOSES OF THIS SUBPARAGRAPH
(II), "CURRENT VALUE OF THE WRITTEN LEASE" MEANS THE
SUM OF THE TOTAL AMOUNT FOR WHICH THE CONSUMER IS OBLIGATED DURING
THE TERM OF THE LEASE REMAINING AFTER THE EARLY TERMINATION DATE,
THE DEALER'S EARLY TERMINATION COSTS, AND THE VALUE OF THE FACILITATIVE
DEVICE ON THE LEASE EXPIRATION DATE, IF THE LEASE SETS FORTH THAT
VALUE, LESS THE LESSOR'S EARLY TERMINATION SAVINGS.
(III) REFUND TO THE CONSUMER OR THIRDPARTY
PURCHASER THE AMOUNT PAID UNDER THE LEASE PLUS ANY COLLATERAL
COSTS.
(4) (a) IN THE EVENT THAT A DISPUTE
ARISES AS TO LIABILITY UNDER THIS PART 5 BETWEEN OR AMONG A MANUFACTURER,
DEALER, LESSOR, OR CONSUMER, AND THE CONSUMER IS COVERED BY ANY
THIRDPARTY INSURER, SUCH THIRDPARTY INSURER SHALL
NOT BE RELIEVED OF ANY OBLIGATION TO PROVIDE BENEFITS COVERED
UNDER ITS PLAN OR APPLICABLE LAW.
(b) IN THE EVENT THAT A FACILITATIVE DEVICE
IS FOUND TO BE DEFECTIVE, THE THIRDPARTY PAYOR DESCRIBED
IN PARAGRAPH (a) OF THIS SUBSECTION (4) SHALL HAVE ALL RIGHTS
OF RECOVERY, INCLUDING THE RIGHT TO COSTS, THAT THE CONSUMER WOULD
HAVE HAD UNDER THIS PART 5.
61504. Remedies for consumers
conditions. (1) TO
RECEIVE A REFUND OR A REPLACEMENT FACILITATIVE DEVICE, THE CONSUMER
OF A PURCHASED FACILITATIVE DEVICE SHALL FIRST OFFER TO TRANSFER
THE FACILITATIVE DEVICE WITH THE NONCONFORMITY TO THE MANUFACTURER,
SELLING DEALER, OR ALTERNATIVE WARRANTY SERVICE PROVIDER.
(2) WITHIN THIRTY BUSINESS DAYS AFTER
RECEIPT OF THE OFFER DESCRIBED IN SUBSECTION (1) OF THIS SECTION,
THE MANUFACTURER OR DEALER SHALL PROVIDE THE CONSUMER WITH A REFUND
OR A REPLACEMENT FACILITATIVE DEVICE.
(3) WHEN A MANUFACTURER OR DEALER PROVIDES
A CONSUMER WITH A REFUND OR A REPLACEMENT FACILITATIVE DEVICE,
SUCH CONSUMER SHALL RETURN THE FACILITATIVE DEVICE WITH THE NONCONFORMITY
TO THE MANUFACTURER OR DEALER WITH ANY ENDORSEMENTS NECESSARY
TO TRANSFER POSSESSION TO THE MANUFACTURER OR DEALER.
61505. Remedies for consumers
of leased facilitative devices conditions.
(1) TO RECEIVE A REFUND DUE ON A LEASED FACILITATIVE
DEVICE, A CONSUMER SHALL FIRST OFFER TO RETURN THE FACILITATIVE
DEVICE WITH THE NONCONFORMITY TO THE LESSOR.
(2) WITHIN THIRTY BUSINESS DAYS AFTER
RECEIPT OF THE OFFER DESCRIBED IN SUBSECTION (1) OF THIS SECTION,
THE LESSOR SHALL PROVIDE THE CONSUMER WITH A REFUND.
(3) WHEN A LESSOR PROVIDES A CONSUMER
WITH A REFUND, SUCH CONSUMER SHALL RETURN THE FACILITATIVE DEVICE
WITH THE NONCONFORMITY TO SUCH LESSOR.
(4) A LESSOR SHALL OFFER TO TRANSFER TO
THE MANUFACTURER OR DEALER POSSESSION OF THE FACILITATIVE DEVICE
RETURNED PURSUANT TO SUBSECTION (3) OF THIS SECTION. WITHIN
THIRTY BUSINESS DAYS AFTER RECEIVING SUCH OFFER, THE MANUFACTURER
OR DEALER SHALL REMIT THE REFUND AMOUNT TO THE LESSOR. WHEN THE
MANUFACTURER OR DEALER MAKES SUCH REFUND, THE LESSOR SHALL PROVIDE
THE MANUFACTURER OR DEALER WITH THE ENDORSEMENTS NECESSARY TO
TRANSFER POSSESSION TO THE MANUFACTURER OR DEALER.
61506. Resale of a returned
facilitative device disclosure required.
A FACILITATIVE DEVICE RETURNED PURSUANT TO THIS PART 5
BY A CONSUMER IN THIS STATE, OR BY A CONSUMER IN ANOTHER STATE
UNDER A SIMILAR LAW OF THAT STATE, SHALL NOT BE SOLD OR LEASED
AGAIN IN THIS STATE UNLESS FULL DISCLOSURE IS MADE TO THE PROSPECTIVE
CONSUMER OF THE REASONS FOR THE RETURN.
61507. Other remedies
waiver of rights void limitation of coverage. (1) THIS
PART 5 SHALL NOT LIMIT THE RIGHTS OR REMEDIES AVAILABLE TO A CONSUMER
UNDER ANY OTHER LAW OF THIS STATE.
(2) THIS PART 5 SHALL BE IN ADDITION TO
AND SHALL NOT LIMIT THE RIGHTS OR REMEDIES AVAILABLE TO A CONSUMER
UNDER ANY MANUFACTURER'S WARRANTY WITH RESPECT TO A FACILITATIVE
DEVICE OR OTHER TECHNOLOGICAL DEVICE DESIGNED TO BE USED BY AND
ASSIST A PERSON WITH A DISABILITY, REGARDLESS OF THE RETAIL PRICE
OF THE FACILITATIVE DEVICE OR OTHER TECHNOLOGICAL DEVICE.
(3) IF A CONSUMER WAIVES THE RIGHTS GRANTED
TO CONSUMERS PURSUANT TO THIS PART 5, SUCH WAIVER SHALL BE
VOID AS AGAINST PUBLIC POLICY.
(4) NOTWITHSTANDING THE REMEDIES THAT
ARE AVAILABLE TO A CONSUMER PURSUANT TO THIS PART 5, A CONSUMER
MAY PURSUE ANY OTHER REMEDY, INCLUDING AN ACTION TO RECOVER DAMAGES
CAUSED BY A VIOLATION OF THIS PART 5. IF A MANUFACTURER
OR DEALER IS FOUND TO HAVE VIOLATED THIS PART 5, A CONSUMER SHALL
BE AWARDED THE AMOUNT OF ACTUAL DAMAGES CAUSED BY THE VIOLATION
AND REASONABLE ATTORNEY FEES. THE CONSUMER MAY BE AWARDED COLLATERAL
COSTS AND PUNITIVE DAMAGES.
(5) NOTHING IN THIS PART 5 SHALL BE DEEMED
OR CONSTRUED TO BE A WARRANTY TO CONSUMERS OF WHEELCHAIRS DESCRIBED
IN PART 4 OF THIS ARTICLE 1.
61508. Fraudulent acts.
ANY MANUFACTURER, DEALER, OR LESSOR THAT ENGAGES IN CONDUCT TO
DELAY MAKING A FINAL REPAIR THAT IS REQUIRED AS A CONSEQUENCE
OF THE ENFORCEMENT OF WARRANTIES OR DUTIES UNDER THIS PART 5 WITH
THE INTENTION OF REQUIRING PAYMENT OF THE COST OF SUCH REPAIR
TO BE MADE BY A PUBLICLY FUNDED PROGRAM OF PUBLIC ASSISTANCE,
MEDICAL ASSISTANCE, OR REHABILITATION ASSISTANCE COMMITS THE CRIME
OF THEFT, WHICH CRIME SHALL BE CLASSIFIED IN ACCORDANCE WITH SECTION
184401 (2), C.R.S., AND WHICH CRIME SHALL BE PUNISHED
AS PROVIDED IN SECTION 181105, C.R.S., IF THE CRIME
IS CLASSIFIED AS A FELONY, OR SECTION 181106, C.R.S.,
IF THE CRIME IS CLASSIFIED AS A MISDEMEANOR.
61509. Arbitration.
DISPUTES AMONG MANUFACTURERS, DEALERS, AND LESSORS CONCERNING
THE ENFORCEMENT OF RIGHTS OR REMEDIES OF CONSUMERS UNDER THIS
PART 5 SHALL BE SUBJECT TO ARBITRATION PURSUANT TO THE COLORADO
RULES OF CIVIL PROCEDURE. THE AWARD OF THE ARBITRATION PANEL
SHALL BE BINDING UPON THE PARTIES AND SHALL ONLY BE SUBJECT TO
COURT REVIEW BY TRIAL DE NOVO.
61510. Defect notification.
(1) A MANUFACTURER SHALL BE RESPONSIBLE FOR PROVIDING
WRITTEN NOTIFICATION TO AN OWNER, USER, PURCHASER, DEALER, LESSOR,
OR CONSUMER OF ANY KNOWN OR DISCOVERED INHERENT DEFECT IN A FACILITATIVE
DEVICE THAT AFFECTS THE SAFETY, USABILITY, OR RELIABILITY OF THAT
FACILITATIVE DEVICE. THE MANUFACTURER SHALL SEND SUCH NOTIFICATION
BY FIRST CLASS MAIL TO THE LAST KNOWN ADDRESS OF THE OWNER, USER,
PURCHASER, DEALER, LESSOR, OR CONSUMER WITHIN FOURTEEN DAYS AFTER
LEARNING OF SUCH A DEFECT.
(2) A MANUFACTURER SHALL BE RESPONSIBLE
FOR THE COSTS OF PROVIDING THE NOTIFICATION REQUIRED IN SUBSECTION
(1) OF THIS SECTION AND FOR ALL COSTS ASSOCIATED WITH CORRECTING
ANY DEFECT DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
(3) THE PROVISIONS OF THIS SECTION SHALL
APPLY WITHOUT TIME LIMITATIONS.
61511. Disclosures.
(1) PRIOR TO THE SALE OF ANY FACILITATIVE DEVICE,
THE SELLER SHALL DISCLOSE WHETHER THE FACILITATIVE DEVICE IS NEW
OR USED AND WHETHER ANY WARRANTY APPLIES TO SUCH FACILITATIVE
DEVICE.
(2) UPON DELIVERY OF A NEW OR USED FACILITATIVE
DEVICE, THE SELLER SHALL ADVISE THE CONSUMER OF ANY WARRANTY RIGHTS
UNDER THIS PART 5 AND THE FACILITATIVE DEVICE'S MAINTENANCE SCHEDULE
AND OPERATING INSTRUCTIONS AND SHALL PROVIDE THE CONSUMER WITH
A COPY OF THE OWNER'S MANUAL.
(3) THE DISCLOSURE REQUIRED PURSUANT TO
SUBSECTION (1) OF THIS SECTION AND THE ADVISEMENT REQUIRED PURSUANT
TO SUBSECTION (2) OF THIS SECTION SHALL BE IN WRITING AND SHALL,
IN THE CASE OF A CONSUMER WHO IS A PERSON ADJUDICATED NOT MENTALLY
COMPETENT, BE PROVIDED TO THE GUARDIAN, PARENT, LEGAL CUSTODIAN,
OR PRIMARY CAREGIVER OF SUCH PERSON.
SECTION 2.
Effective date applicability. (1) This
act shall take effect July 1, 1998, and shall apply to:
(a) Sales and leases occurring on or after
said date;
(b) Offenses committed on or after said
date.
SECTION 3.
Safety clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO