A Bill for an Act
Page 1, Line 101Concerning the management of consumer protection claims
Page 1, Line 102by the attorney general in relation to discovery
Page 1, Line 103requests during the litigation of claims brought by the
Page 1, Line 104attorney general.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill establishes an exemption from Colorado's "Consumer Repair Bill of Rights Act" (Act) for information technology equipment if the equipment meets certain criteria, such as whether:
- The equipment qualifies as critical infrastructure, as defined by federal law;
- The equipment is sold in a retail setting or only through business-to-business or business-to-government transactions; and
- Dissemination of the parts, documentation, embedded software, firmware, or tools required for the equipment would pose a security risk.
The attorney general may adopt rules for manufacturers of information technology equipment to submit requests for an exemption from the Act.
The bill clarifies the attorney general's responsibility regarding litigation on behalf of the state of Colorado or on behalf of the people of the state of Colorado.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 24-31-101, add (5) as follows:
Page 2, Line 324-31-101. Powers and duties of attorney general. (5) In any
Page 2, Line 4action brought by the attorney general in the attorney
Page 2, Line 5general's official capacity, or on the relation of the state of
Page 2, Line 6Colorado or the people of the state of Colorado, to enforce the
Page 2, Line 7law as authorized by statute or common law, the attorney
Page 2, Line 8general shall not be deemed to pursue an action on behalf of
Page 2, Line 9any other state officer or any state agency, department, office,
Page 2, Line 10board, commission, or enterprise and shall not be deemed in
Page 2, Line 11possession, custody, or control of any record that is made, kept,
Page 2, Line 12or maintained by any other state officer or any state agency,
Page 2, Line 13department, office, board, commission, or enterprise for the
Page 2, Line 14purpose of any discovery request directed at the attorney
Page 2, Line 15general in the attorney general's official capacity, or on the
Page 3, Line 1relation of the state of Colorado or the people of the state of Colorado, as a party to such action.
Page 3, Line 2SECTION 2. Safety clause. The general assembly finds,
Page 3, Line 3determines, and declares that this act is necessary for the immediate
Page 3, Line 4preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 5the support and maintenance of the departments of the state and state institutions.