SB 101 — ASSISTIVE TECHNOLOGY WARRANTY
Last action — Public Act . . . . . . . . . 94-0378
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
0 primary, 5 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Creates 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.
Bill Text
What changed in the latest version
218 added · 214 removedPlain-language change summary
The latest version of SB 101 adds clarification about what qualifies as an "assistive technology device" by explicitly excluding hearing aids and devices that come with a title from motor vehicle regulations. This change helps to define the scope of assistive technology more clearly for consumers, ensuring they understand what products are included under this category. Additionally, it details the roles of dealers and lessors who provide these devices, improving the overall transparency of transactions for consumers. This matters because it supports better consumer protection and understanding in the assistive technology market.
SB0101 EngrossedEnrolled LRB094 04164 DRJ 36053 b AN ACT to create the Assistive Technology Protection Act.
"Assistive technology device" does not include a "hearing instrument" or "hearing aid" as defined in the Hearing Instrument Consumer Protection Act.
"Collateral cost" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of shipping, sales tax, and the cost of obtaining an SB0101 Enrolled - 2 - LRB094 04164 DRJ 36053 b alternative assistive technology device.
(1) A purchaser of an assistive technology device, if SB0101 Engrossed - 2 - LRB094 04164 DRJ 36053 b the assistive technology device was purchased from an assistive technology device dealer or manufacturer for purposes other than resale.
"Consumer" does not include a person who acquires an assistive technology device at no charge through a donation,donation. or a public school district or special education joint agreement established under the Illinois School Code that purchases or leases an assistive technology device for the use of a student with a disability for the purpose of implementing the Individualized Educational Plan of the student.
"Early termination savings" means any expense or obligation that an assistive technology device lessor avoids as a result of both the termination date set forth in the lease and the return of an assistive technology device to a manufacturer, including an interest charge that the assistive technology device lessor would have paid to finance the assistive technology device or, if the assistive technology device lessor does not finance the assistive technology device, the difference between the total payments remaining for the SB0101 Engrossed - 3 - LRB094 04164 DRJ 36053 b period of the lease term remaining after the early termination and the present value of those remaining payments at the date SB0101 Enrolled - 3 - LRB094 04164 DRJ 36053 b of the early termination.
(1) The manufacturer, the assistive technology device SB0101 Engrossed - 4 - LRB094 04164 DRJ 36053 b lessor, or any of the manufacturer’s authorized assistive technology device dealers accept return of the new SB0101 Enrolled - 4 - LRB094 04164 DRJ 36053 b assistive technology device for repair at least 2 times.
(a) If a new assistive technology device does not conform to an applicable express warranty and the consumer (i) reports the nonconformity to the manufacturer, the assistive technology device lessor, or any of the manufacturer’s authorized assistive technology device dealers and (ii) makes SB0101 Engrossed - 5 - LRB094 04164 DRJ 36053 b the assistive technology device available for repair before one year after the first delivery of the device to the consumer or SB0101 Enrolled - 5 - LRB094 04164 DRJ 36053 b within the period of the express warranty if the express warranty is longer than one year, then a reasonable attempt to repair the nonconformity must be made at no charge to the consumer.
(b) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturerperson from whom the assistive technology device was purchased or leased must carry out the requirements of either item (1) or item (2) of this subsection at the option of the consumer:
(1) The manufacturerperson from whom the assistive technology device was purchased or leased shall provide a refund to the consumer within 30 days after the request by the consumer.
If the consumer chooses this option, he or she shall return the device having a nonconformity to the manufacturerperson from whom the assistive technology device was purchased or lessorleased along with any endorsements necessary to transfer legal possession to the manufacturerperson from whom the assistive technology device was purchased or lessor.leased.
If the assistive technology device was purchased by the consumer, the manufacturerperson from whom the assistive technology device was purchased shall accept return of the assistive technology device and refund to the consumer, and to any holder of a perfected security interest in the assistive technology device as the holder’s interest may appear, the full purchase price plus any finance charge paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use.
If the assistive technology device was leased by the consumer, the manufacturerperson from whom the assistive technology device was leased shall accept return of the device, refund to the assistive technology lessor and to any holder of a perfected security interest in the device, as the holder’s interest may appear, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
TheSB0101 manufacturerEnrolled shall- have6 a- causeLRB094 of04164 actionDRJ against36053 theb dealer(2) orThe lessorperson forfrom reimbursementwhom of any amount that the manufacturerassistive paystechnology todevice awas consumerpurchased whichor exceedsleased theshall netprovide pricea receivedcomparable bynew the manufacturer for the assistive technology SB0101 Engrossed - 6 - LRB094 04164 DRJ 36053 b device.
(2) The manufacturerconsumer shall provideoffer to transfer possession of the device having a comparablenonconformity newto the person from whom the assistive technology device.device was purchased or leased.
TheNo consumerlater shallthan offer30 todays transferafter possessionthat ofoffer, the person from whom the assistive technology device havingwas apurchased nonconformityor toleased shall provide the manufacturer.consumer with the comparable new assistive device.
NoUpon laterreceipt thanof 30the dayscomparable afternew thatassistive offer,device, the manufacturerconsumer shall providereturn the consumerdevice having the nonconformity to the person from whom the assistive technology device was purchased or leased, along with any endorsements necessary to transfer legal possession to the comparableperson newfrom whom the assistive device.technology device was purchased or leased.
Upon receipt of the comparable new assistive device, the consumer shall return the device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(d) For purposes of this Section, a "reasonable allowance for use" may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer,person assistivefrom devicewhom lessor,the or assistive technology device dealer.was purchased or leased.
SB0101 Enrolled - 7 - LRB094 04164 DRJ 36053 b Section 25.
An assistive technology device returned by a consumer or assistive technology device lessor in this State, or by a consumer or assistive technology device lessor in SB0101 Engrossed - 7 - LRB094 04164 DRJ 36053 b another state under a similar law of that state, may not be sold or leased again in this State unless full disclosure of the reasons for the return is made to any prospective buyer or lessee of the device.
Action History
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Public Act . . . . . . . . . 94-0378
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Effective Date January 1, 2006
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Committee Amendment No. 1 Senate Concurs 059-000-000
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Housing & Community Affairs; 007-000-000
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House Committee Amendment No. 1 Motion to Concur Rules Referred to Housing & Community Affairs
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House Committee Amendment No. 1 Motion to Concur Referred to Rules
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle
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Placed on Calendar Order of Concurrence House Amendment(s) 01-May 20, 2005.
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Secretary's Desk - Concurrence House Amendment(s) 01
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Third Reading - Short Debate - Passed 114-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Alternate Co-Sponsor Rep. Kathleen A. Ryg
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Consumer Protection Committee; 011-000-000
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House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee
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Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin
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Re-assigned to Consumer Protection Committee
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Added Alternate Co-Sponsor Rep. John A. Fritchey
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Added Alternate Co-Sponsor Rep. Jack McGuire
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Assigned to Registration and Regulation Committee
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Added Alternate Chief Co-Sponsor Rep. Julie Hamos
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Added Alternate Co-Sponsor Rep. Angelo Saviano
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Added Alternate Chief Co-Sponsor Rep. Jim Watson
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Referred to Rules Committee
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First Reading
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Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias
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Chief House Sponsor Rep. Sara Feigenholtz
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Placed on Calendar Order of First Reading
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Arrived in House
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Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 059-000-000
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Placed on Calendar Order of 3rd Reading April 14, 2005
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Senate Floor Amendment No. 3 Adopted; del Valle
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Second Reading
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Fiscal Note Filed as amended by Senate Amendment No. 3, from the Illinois Department of Human Services.
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Fiscal Note Filed as amended by Senate Amendment No. 2, from the Illinois Department of Human Services.
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Fiscal Note Filed from the Illinois Department of Human Services.
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Fiscal Note Filed as amended by Senate Amendments No. 2 and 3, from the Illinois Department of Central Management Services.
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Added as Co-Sponsor Sen. James T. Meeks
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Added as Co-Sponsor Sen. Iris Y. Martinez
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Added as Co-Sponsor Sen. Ira I. Silverstein
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Senate Floor Amendment No. 3 Recommend Do Adopt Housing & Community Affairs; 008-000-000
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Senate Floor Amendment No. 3 Rules Refers to Housing & Community Affairs
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Fiscal Note Filed as amended by Senate Amendment No. 3 from the Illinois Department of Revenue.
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Fiscal Note Filed as amended by Senate Amendment No. 2 from the Illinois Department of Revenue.
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Senate Floor Amendment No. 3 Referred to Rules
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. Miguel del Valle
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Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules
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Fiscal Note Requested by Sen. J. Bradley Burzynski; as amended by Senate Amendment No. 2.
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Placed on Calendar Order of 2nd Reading March 17, 2005
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Do Pass as Amended Housing & Community Affairs; 008-001-000
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Senate Committee Amendment No. 2 Adopted
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Senate Committee Amendment No. 1 Held in Housing & Community Affairs
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Senate Committee Amendment No. 2 Rules Refers to Housing & Community Affairs
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Senate Committee Amendment No. 2 Referred to Rules
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Senate Committee Amendment No. 2 Filed with Secretary by Sen. Miguel del Valle
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Postponed - Housing & Community Affairs
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Senate Committee Amendment No. 1 Rules Refers to Housing & Community Affairs
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Added as Co-Sponsor Sen. Martin A. Sandoval
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Senate Committee Amendment No. 1 Referred to Rules
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Miguel del Valle
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Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
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Postponed - Housing & Community Affairs
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Added as Chief Co-Sponsor Sen. Kwame Raoul
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Assigned to Housing & Community Affairs
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Added as Co-Sponsor Sen. John J. Cullerton
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Miguel del Valle
Sponsors
- Angelo Saviano · Cosponsor
- Jack McGuire · Cosponsor
- John A. Fritchey · Cosponsor
- Kathleen A. Ryg · Cosponsor
- del Valle · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 5 co-sponsors · 178 not signed on
Sponsors (0)
None.
Co-sponsors (5)
- Angelo Saviano
- Jack McGuire
- John A. Fritchey
- Kathleen A. Ryg
- del Valle
Not signed on (178)
178 members have not signed on to this bill.
Show all 178 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Clayborne | — | Yea |
| Halvorson | — | Yea |
| Meeks | — | Yea |
| Pankau | — | Yea |
| Peterson | — | Yea |
| Radogno | — | Yea |
| Munoz | — | Yea |
| Brady | — | Yea |
| Sullivan, D. | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Garrett | — | Yea |
| Geo-Karis | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Demuzio | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 3 |
| Democrat | 8 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Yarbrough | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Coulson | — | Yea |
| Molaro | — | Yea |
| Eddy | — | Not Voting |
| Nekritz | — | Yea |
| Jefferson | — | Yea |
| Jenisch | — | Yea |
| Lang | — | Yea |
| Pihos | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| Lyons, Eileen | — | Yea |
| McCarthy | — | Yea |
| Mendoza | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Moffitt | — | Yea |
| Mulligan | — | Yea |
| Scully | — | Yea |
| Tenhouse | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Chavez | — | Yea |
| Churchill | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Howard | — | Yea |
| Krause | — | Yea |
| Madigan | — | Yea |
| McKeon | — | Not Voting |
| Watson | — | Yea |
| Munson | — | Yea |
| Jones | — | Yea |
| Myers | — | Yea |
| Osmond | — | Yea |
| Davis, Monique | — | Yea |
| Parke | — | Yea |
| Phelps | — | Yea |
| Pritchard | — | Not Voting |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Younge | — | Yea |
| Colvin | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Daniels | — | Yea |
| Hultgren | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Osterman | — | Yea |
| Patterson | — | Yea |
| Poe | — | Yea |
| Reis | — | Yea |
| Ryg | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Not Voting |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Halvorson | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Meeks | — | Yea |
| Munoz | — | Yea |
| Brady | — | Yea |
| Peterson | — | Yea |
| Sullivan, D. | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Demuzio | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Geo-Karis | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 101 do?
- Creates 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.
- Who sponsors SB 101?
- SB 101 is sponsored by Angelo Saviano, Jack McGuire, John A. Fritchey, Kathleen A. Ryg, and del Valle.
- What is the current status of SB 101?
- This bill has been enacted into law. Introduced January 26, 2005. Enacted.
- Where can I track SB 101?
- Track SB 101 free on One Click Politics — get push/email alerts when it moves.
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