This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0410 - Wheelchairs and Other Assistive Devices

L.R. NO.  1309-02
BILL NO.  Truly Agreed To and Finally Passed SB 410
SUBJECT:  Wheelchair Lemon Law
TYPE:     Original
DATE:     April 24, 1997


                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED              FY 1998             FY 1999           FY 2000
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator, the Office of the
Attorney General, the Department of Insurance, the Department of Social
Services, and the Department of Health assume the proposed legislation would
have no fiscal impact on their agencies.


FISCAL IMPACT - State Government    FY 1998   FY 1999   FY 2000
                                   (10 Mo.)

                                         $0        $0        $0


FISCAL IMPACT - Local Government    FY 1998   FY 1999   FY 2000
                                   (10 Mo.)

                                         $0        $0        $0


FISCAL IMPACT - Small Business

Small businesses which manufacture or sell wheelchairs and other assistive
devices would be favorably impacted by this proposal, as they would no longer
be required to replace certain products that are out of service for more than
thirty days when a comparable loaner is available.


DESCRIPTION

The proposal would modify Section 407.950 (10) so that a distinction would be
made between a condition of a device that results from abuse, neglect or
unauthorized modification and a condition which results from normal use which
can be resolved through a fitting adjustment, preventative maintenance or
proper care.  The proposal would also modify the definition "reasonable
attempt to repair" to cover a situation when an assistive device is out of
service and no comparable loaner is available.  It would no longer apply to
products that are out of service for more than thirty days when a comparable
loaner is available.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of State Courts Administrator
Office of the Attorney General
Department of Insurance
Department of Social Services
Department of Health