151B.300 Definitions for KRS 151B.300 to 151B.335.

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Page 1 of 3 151B.300 Definitions for KRS 151B.300 to 151B.335. As used in KRS 151B.300 to 151B.335, unless the context indicates otherwise: <br>(1) &quot;Individual with disabilities&quot; means any individual who is considered to have a mental or physical disability, impairment, or handicap for purposes of any other law <br>of this state or of the United States, including any rules or regulations thereunder. (2) &quot;Assistive device&quot; means any item, device, piece of equipment, or product system or component thereof, including a demonstrator, that is designed and used to <br>increase, maintain, or improve functional capabilities of individuals with disabilities <br>in the areas of seeing, hearing, speaking, walking, breathing, performing manual <br>tasks, learning, caring for oneself, or working. The term includes, but is not limited <br>to: <br>(a) Manual wheelchairs; <br>(b) Motorized wheelchairs; <br>(c) Motorized scooters; <br>(d) Other aids that enhance the mobility of an individual; <br>(e) Hearing aids; <br>(f) Assistive listening devices; <br>(g) Other aids that enhance an individual's ability to hear or communicate; <br>(h) Voice-synthesized computer modules; <br>(i) Optical scanners; <br>(j) Talking software; <br>(k) Braille printers; <br>(l) Large print materials; <br>(m) Other devices that enhance an individual's ability to access print or communicate; (n) Other devices such as environmental controls; <br>(o) Adaptive transportation aids; <br>(p) Communication boards; and <br>(q) Modified environments. (3) &quot;Assistive device dealer&quot; means a person who is in the business of selling new assistive devices. (4) &quot;Assistive device lessor&quot; means a person who leases new assistive devices to consumers, or who holds the lessor's rights, under a written lease. (5) &quot;Collateral costs&quot; means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an <br>alternative assistive device. (6) &quot;Consumer&quot; means any person, including a public agency or other private organization, who acquires an assistive device on behalf of or for the benefit of an <br>individual with a disability who: Page 2 of 3 (a) Purchases an assistive device from an assistive device manufacturer, its agent, or authorized dealer for purposes other than resale; (b) Obtains or otherwise receives an assistive device for purposes other than resale, provided the transfer occurs before the expiration of an express <br>warranty applicable to the assistive device; (c) Possesses the right to enforce the express warranty; or <br>(d) Leases an assistive device from an authorized assistive device lessor under a written lease. (7) &quot;Demonstrator&quot; means an assistive device used primarily for the purpose of demonstration to the public. (8) &quot;Early termination cost&quot; means an expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the <br>termination date set forth in that lease, and the return of an assistive device to the <br>manufacturer. The term includes any penalty for prepayment under a finance <br>arrangement. (9) &quot;Early termination savings&quot; means an expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the <br>termination date set forth in that lease and the return of an assistive device to the <br>manufacturer. The term includes an interest charge that the assistive device lessor <br>would have paid to finance the assistive device or, if the assistive device lessor does <br>not finance the assistive device, the difference between the total period of the lease <br>remaining after the early termination and the present value of that amount at the <br>date of the early termination. (10) &quot;Manufacturer&quot; means a person who manufactures or assembles assistive devices including agents of that person, an importer, a distributor, a factory branch, <br>distributor branch, and any warrantors of the manufacturer's assistive device, but <br>does not include an assistive device dealer or an assistive device lessor. (11) &quot;Nonconformity&quot; means a specific condition or generic defect or malfunction, or a defect or condition of a component of the assistive device that substantially impairs <br>the use, value, or safety of an assistive device, and that is covered by an express <br>warranty applicable to the assistive device or to a component of the assistive device, <br>but does not include: <br>(a) A condition of the device that is the result of abuse, neglect, unauthorized modification, or alteration of the assistive device by the consumer. (b) A condition of the device that is the result of normal use which may be resolved through a fitting or other routine adjustment, proper preventative <br>maintenance, or care in accordance with written instructions provided with the <br>assistive device. (12) &quot;Reasonable attempt to repair&quot; means any of the following occurring within the term of an express warranty applicable to a new assistive device: <br>(a) The new assistive device has been subject to repair two (2) or more times, for the same nonconformity, by the manufacturer, its agent, or authorized <br>assistive device dealer or lessor, and the nonconformity continues; or Page 3 of 3 (b) The assistive device is out of service for an aggregate of at least thirty (30) cumulative calendar days because of warranty nonconformities. The thirty <br>(30) days shall begin upon the day the consumer first makes the assistive <br>device available for repair to the manufacturer, its agent, or authorized dealer <br>or lessor. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 221, sec. 1, effective July 15, 1998.