ASSEMBLY CONSUMER AFFAIRS AND REGULATED PROFESSIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2182

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Consumer Affairs and Regulated Professions Committee reports favorably Assembly Bill No. 2182.

      This bill amends section 9 of P.L.1995, c.233 (C.56:12-83), commonly known as the "Wheelchair Lemon Law," to specify that consumers who obtain a refund as a result of a final decision from the Office of Administrative Law shall also obtain their attorney's fees, fees for expert witnesses, costs of suit and reimbursement of the cost of renting an equivalent motorized wheelchair for the period after the consumer offered to return the faulty motorized wheelchair to the manufacturer. The bill also amends this section of law to provide that if a final decision resulting in a refund to a consumer is upheld on appeal, the consumer will also be permitted to collect fees for expert witnesses. In such circumstances, the consumer currently recovers attorney's fees and costs of suit, and reimbursement of the cost of renting an equivalent motorized wheelchair for the period after the consumer offered to return the faulty motorized wheelchair to the manufacturer, but not expert witness fees.