Amendments for HB22-1031
House Journal, March 25
41 Amendment No. 1, by Representative Geitner.
42
43 Amend printed bill, page 2, line 13, after "CONSUMER" insert
44 "WHEELCHAIR".
45
46 As amended, ordered engrossed and placed on the Calendar for Third
47 Reading and Final Passage.
48
Senate Journal, April 19
After consideration on the merits, the Committee recommends that HB22-1031 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 9, strike lines 7 through 15 and substitute:
"SECTION 3. Act subject to petition - effective date. This act takes
effect January 1, 2023; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within the ninety-day period after final adjournment
of the general assembly, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in November
2022 and, in such case, will take effect January 1, 2023, or on the date of the
official declaration of the vote thereon by the governor, whichever is later.".
Senate Journal, April 26
HB22-1031 by Representative(s) Titone and Ortiz, Boesenecker, Kipp, Woodrow; also Senator(s)
Zenzinger and Cooke--Concerning a requirement that a powered wheelchair manufacturer
facilitate the repair of its powered wheelchairs by providing certain other persons with the
resources needed to repair the manufacturer's powered wheelchairs.
A majority of those elected to the Senate having voted in the affirmative, Senator Cooke
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.004), by Senator Zenzinger.
Amend reengrossed bill, page 8, after line 7 insert:
"(3) AN ORIGINAL EQUIPMENT MANUFACTURER IS NOT LIABLE FOR
FAULTY OR OTHERWISE IMPROPER REPAIRS PROVIDED BY INDEPENDENT REPAIR
PROVIDERS OR OWNERS, INCLUDING FAULTY OR OTHERWISE IMPROPER REPAIRS
THAT CAUSE:
(a) DAMAGE TO POWERED WHEELCHAIRS THAT OCCUR DURING SUCH
REPAIRS;
(b) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES; OR
(c) AN INABILITY TO USE, OR A REDUCED FUNCTIONALITY OF, A
POWERED WHEELCHAIR RESULTING FROM THE FAULTY OR OTHERWISE IMPROPER
REPAIR.".
Page 8, strike lines 21 through 26 and substitute:
"(c) EXEMPTS A MANUFACTURER FROM A PRODUCTS LIABILITY CLAIM
THAT IS OTHERWISE AUTHORIZED IN LAW.".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 30 NO 5 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood N
Coleman Y Hansen Y Lundeen N Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward N
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner N Kolker Y Scott Y