New law protects ATD consumers

Gov. Pedro P. Tenorio yesterday signed into law two measures that will bring the CNMI in compliance with federal environmental laws and protect consumers of assistive technology devices.

Tenorio said HB 11-358, which became PL 11-103, will modify existing environmental laws of the Commonwealth closer to compliance with the actions required to be taken under the Administrative Order in connection with the Puerto Rico Dump.

The new public law also provides for the establishment of a special account in which certain funds are deposited to be expended by the director of the Division of Environmental Quality or his/her designee. But such funds have yet to be identified and appropriated.

At the same time, the governor signed HB 11-321 into PL 11-101, otherwise known as the Assistive Technology Warranty Act of 1998, which aims to help persons with disabilities who depend on assistive technology devices and services to function more independently.

Based on HB 11-321, assistive device includes manual wheelchairs, motorized scooters and other aides that enhance the mobility of an individual; hearing aide, telephone communication devices for the deaf, assistive listening devices and other aides that enhance an individual’s ability to hear, voice synthesized computer modules, optic scanners, etc.

The measure, offered by Rep. Ana S. Teregeyo and Rep. Jesus T. Attao, states that a manufacturer who sells an assistive device to a consumer either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the device.

Duration of the express warranty shall be not less than one year after the first delivery of the assistive device to a consumer. If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the dealer will make it available for repair.

A refund shall be made by the manufacturer no later than 30 days if the device is found defective.

Meanwhle, the governor vetoed SB 11-145 that will allow the renewal of expired driver’s license because it failed to set the fee which must be paid.

In the absence of an established fee, the governor said it becomes unclear what the effect of the bill would be to individuals who try to renew their licenses after the expiration and until such time that a subsequent law establishing the fee is passed.