{"data":{"id":"us-ky/krs-151b.300","jurisdiction":"us-ky","citation":"KRS 151B.300","heading":"Definitions for KRS 151B.300 to 151B.335.","body":"As used in KRS 151B.300 to 151B.335, unless the context indicates otherwise:\n(1) \"Individual with disabilities\" means any individual who is considered to have a\nmental or physical disability, impairment, or handicap for purposes of any other law\nof this state or of the United States, including any rules or regulations thereunder.\n(2) \"Assistive device\" means any item, device, piece of equipment, or product system\nor component thereof, including a demonstrator, that is designed and used to\nincrease, maintain, or improve functional capabilities of individuals with disabilities\nin the areas of seeing, hearing, speaking, walking, breathing, performing manual\ntasks, learning, caring for oneself, or working. The term includes, but is not limited\nto:\n(a) Manual wheelchairs;\n(b) Motorized wheelchairs;\n(c) Motorized scooters;\n(d) Other aids that enhance the mobility of an individual;\n(e) Hearing aids;\n(f) Assistive listening devices;\n(g) Other aids that enhance an individual's ability to hear or communicate;\n(h) Voice-synthesized computer modules;\n(i) Optical scanners;\n(j) Talking software;\n(k) Braille printers;\n(l) Large print materials;\n(m) Other devices that enhance an individual's ability to access print or\ncommunicate;\n(n) Other devices such as environmental controls;\n(o) Adaptive transportation aids;\n(p) Communication boards; and\n(q) Modified environments.\n(3) \"Assistive device dealer\" means a person who is in the business of selling new\nassistive devices.\n(4) \"Assistive de vice lessor\" means a person who leases new assistive devices to\nconsumers, or who holds the lessor's rights, under a written lease.\n(5) \"Collateral costs\" means expenses incurred by a consumer in connection with the\nrepair of a nonconformity, including the  cost of sales tax and of obtaining an\nalternative assistive device.\n(6) \"Consumer\" means any person, including a public agency or other private\norganization, who acquires an assistive device on behalf of or for the benefit of an\nindividual with a disability who:\n(a) Purchases an assistive device from an assistive device manufacturer, its agent,\nor authorized dealer for purposes other than resale;\n(b) Obtains or otherwise receives an assistive device for purposes other than\nresale, provided the transfer occ urs before the expiration of an express\nwarranty applicable to the assistive device;\n(c) Possesses the right to enforce the express warranty; or\n(d) Leases an assistive device from an authorized assistive device lessor under a\nwritten lease.\n(7) \"Demonstrator\" means an assistive device used primarily for the purpose of\ndemonstration to the public.\n(8) \"Early termination cost\" means an expense or obligation that an assistive device\nlessor incurs as a result of both the termination of a written lease before t he\ntermination date set forth in that lease, and the return of an assistive device to the\nmanufacturer. The term includes any penalty for prepayment under a finance\narrangement.\n(9) \"Early termination savings\" means an expense or obligation that an assisti ve device\nlessor avoids as a result of both the termination of a written lease before the\ntermination date set forth in that lease and the return of an assistive device to the\nmanufacturer. The term includes an interest charge that the assistive device les sor\nwould have paid to finance the assistive device or, if the assistive device lessor does\nnot finance the assistive device, the difference between the total period of the lease\nremaining after the early termination and the present value of that amount at  the\ndate of the early termination.\n(10) \"Manufacturer\" means a person who manufactures or assembles assistive devices\nincluding agents of that person, an importer, a distributor, a factory branch,\ndistributor branch, and any warrantors of the manufacturer 's assistive device, but\ndoes not include an assistive device dealer or an assistive device lessor.\n(11) \"Nonconformity\" means a specific condition or generic defect or malfunction, or a\ndefect or condition of a component of the assistive device that subst antially impairs\nthe use, value, or safety of an assistive device, and that is covered by an express\nwarranty applicable to the assistive device or to a component of the assistive device,\nbut does not include:\n(a) A condition of the device that is the resu lt of abuse, neglect, unauthorized\nmodification, or alteration of the assistive device by the consumer.\n(b) A condition of the device that is the result of normal use which may be\nresolved through a fitting or other routine adjustment, proper preventative\nmaintenance, or care in accordance with written instructions provided with the\nassistive device.\n(12) \"Reasonable attempt to repair\" means any of the following occurring within the\nterm of an express warranty applicable to a new assistive device:\n(a) The new assistive device has been subject to repair two (2) or more times, for\nthe same nonconformity, by the manufacturer, its agent, or authorized\nassistive device dealer or lessor, and the nonconformity continues; or\n(b) The assistive device is out of servic e for an aggregate of at least thirty (30)\ncumulative calendar days because of warranty nonconformities. The thirty\n(30) days shall begin upon the day the consumer first makes the assistive\ndevice available for repair to the manufacturer, its agent, or aut horized dealer\nor lessor.","path":["KRS Chapter 151B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2234","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:47Z","sha256":"13da8207b051851caee8f274160284e06846aabdefd15279263de50177ee3b15","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151b.290","next":"us-ky/krs-151b.305"},"notice":"GroundRules: Original legal text. Not legal advice."}