HB 720 - Assistive technology devices; donor or lender; immunity

Georgia House of Representatives - 1995/1996 Sessions

HB 720 - Assistive technology devices; donor or lender; immunity

Page Numbers - 1/ 2
Code Sections - 51-1-46
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House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/14/95 Read 1st Time 2/15/95 Read 2nd Time 2/28/95 Favorably Reported Sub Committee Amend/Sub 3/17/95 Recommitted ---------------------------------------- Code Sections amended: 51-1-46
HB 720 LC 10 1287S A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 1 of Title 51 of the Official Code of 1- 2 Georgia Annotated, relating to general provisions relative 1- 3 to torts, so as to provide for civil immunity for certain 1- 4 donors and lenders of assistive technology devices on an "as 1- 5 is" basis; to provide for exceptions; to provide for 1- 6 definitions; to provide for written agreements relating to 1- 7 subsequent repairs or damages; to provide for related 1- 8 matters; to repeal conflicting laws; and for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Chapter 1 of Title 51 of the Official Code of Georgia 1-11 Annotated, relating to general provisions relative to torts, 1-12 is amended by inserting a new Code section to be designated 1-13 Code Section 51-1-46 to read as follows: 1-14 "51-1-46. (Index) 1-15 (a) As used in this Code section, the term: 1-16 (1) 'Assistive technology device' means any device or 1-17 equipment that assists a person with one or more 1-18 disabilities to perform specific tasks such as moving, 1-19 walking, standing, speaking, breathing, hearing, seeing, 1-20 learning, working, sleeping, reaching, grasping, or 1-21 caring for himself or herself that would be more 1-22 difficult or impossible for such person without an 1-23 assistive technology device. 1-24 (2) 'Donor' means a person, organization, partnership, 1-25 corporation, or other entity or a department, agency, 1-26 authority, or other instrumentality of the state or a 1-27 political subdivision of the state which donates, gives, 1-28 transfers, or conveys one or more assistive technology 1-29 devices to one or more persons with disabilities at no 1-30 cost. 1-31 (3) 'Lender' means a person, organization, partnership, 1-32 corporation, or other entity or a department, agency, -1- (Index) LC 10 1287S 2- 1 authority, or other instrumentality of the state or a 2- 2 political subdivision of the state which lends or leases 2- 3 one or more assistive technology devices to one or more 2- 4 persons with disabilities at no cost. 2- 5 (b) Good faith donors and lenders shall not be subject to 2- 6 civil damages arising from any latent defects or defective 2- 7 operation of any assistive technology device which is 2- 8 transferred, lent, or leased to a person with one or more 2- 9 disabilities when the borrower agrees to accept the 2-10 transfer, loan, or lease of the assistive technology 2-11 device 'as is,' unless an injury is caused by the 2-12 recklessness or intentional misconduct of the donor or 2-13 lender. 2-14 (c) A written agreement between the lender and borrower 2-15 may provide for payment for subsequent repairs or damages 2-16 to the assistive technology device." SECTION 2. 2-17 All laws and parts of laws in conflict with this Act are 2-18 repealed. -2- (Index)

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Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97