A Bill for an Act
Page 1, Line 101Concerning the management of consumer protection claims
Page 1, Line 102by the attorney 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, 6-1-1503, amend as
Page 2, Line 3they will become effective January 1, 2026, (5)(m) and (5)(n); and add (5)(o) and (11) as follows:
Page 2, Line 46-1-1503. Manufacturer obligations regarding services -
Page 2, Line 5exemptions - attorney general rule-making - rules. (5) With respect to digital electronic equipment, this part 15 does not apply to:
Page 2, Line 6(m) Video game consoles;
orPage 2, Line 7(n) Fire alarm systems, intrusion detection equipment that is
Page 2, Line 8provided with a security monitoring service, life safety systems, and
Page 2, Line 9physical access control equipment, including electronic keypads and similar building access control electronics; or
Page 2, Line 10(o) Subject to the attorney general's determination made
Page 2, Line 11pursuant to subsection (11) of this section, information
Page 2, Line 12technology equipment that is designed for use in critical infrastructure.
Page 2, Line 13(11) Attorney general rule-making - criteria for meeting
Page 2, Line 14information technology exemption. (a) The attorney general may
Page 2, Line 15adopt rules to establish a process for granting an exemption
Page 3, Line 1from this part 15 pursuant to subsection (5)(o) of this section to
Page 3, Line 2a manufacturer of information technology equipment if the
Page 3, Line 3equipment produced by the manufacturer meets the criteria described in subsection (11)(b) of this section.
Page 3, Line 4(b) A manufacturer of information technology equipment
Page 3, Line 5may apply to the attorney general for an exemption from this
Page 3, Line 6part 15 pursuant to subsection (5)(o) of this section. In
Page 3, Line 7determining whether to grant an exemption from this part 15
Page 3, Line 8pursuant to subsection (5)(o) of this section for certain
Page 3, Line 9equipment produced by a manufacturer of information
Page 3, Line 10technology equipment, the attorney general shall consider if the manufacturer has demonstrated the following:
Page 3, Line 11(I) Whether the equipment for which the manufacturer is
Page 3, Line 12seeking the exemption is designed to be used or is used primarily
Page 3, Line 13in a way that would qualify the equipment as critical infrastructure, as defined in 42 U.S.C. sec. 5195c (e);
Page 3, Line 14(II) That the equipment is not sold in a retail setting and
Page 3, Line 15customarily available only under a business-to-business or business-to-government contract; and
Page 3, Line 16(III) Whether dissemination of the parts, documentation,
Page 3, Line 17embedded software, firmware, or tools associated with the
Page 3, Line 18equipment poses a security risk, which demonstration may
Page 3, Line 19require the manufacturer to submit documentation, an attestation, or other information to the attorney general.
Page 3, Line 20(c) The attorney general may deem any records obtained
Page 3, Line 21pursuant to this subsection (11) as public records subject to
Page 3, Line 22public inspection pursuant to part 2 of article 72 of title 24.
Page 4, Line 1(d) The attorney general may find that an application
Page 4, Line 2submitted by a manufacturer of information technology
Page 4, Line 3equipment pursuant to this subsection (11) was not submitted in
Page 4, Line 4good faith or is frivolous. If the attorney general finds that the
Page 4, Line 5application was not submitted in good faith or was frivolous,
Page 4, Line 6the attorney general may require the manufacturer to
Page 4, Line 7reimburse the attorney general for any costs incurred by the attorney general to review the application.
Page 4, Line 8(e) (I) If a manufacturer of information technology
Page 4, Line 9equipment submits the documentation, attestation, or other
Page 4, Line 10information required by subsection (11)(b)(III) of this section as
Page 4, Line 11part of the manufacturer's application for the granting of an
Page 4, Line 12exemption pursuant to subsection (5)(o) of this section, there is
Page 4, Line 13a presumption that the equipment is exempt during the pendency
Page 4, Line 14of the attorney general's review of a good faith and
Page 4, Line 15nonfrivolous application seeking an exemption under this
Page 4, Line 16section, including prior to the finalization of any rule adopted pursuant to this section.
Page 4, Line 17(II) The presumption described in subsection (11)(e)(I) of
Page 4, Line 18this section does not apply if the attorney general finds that the application was submitted in bad faith or is frivolous.
Page 4, Line 19(f) The attorney general shall make a determination on
Page 4, Line 20an application for exemption submitted by a manufacturer of
Page 4, Line 21information technology equipment pursuant to this subsection (11) in a timely manner.
Page 4, Line 22(g) A determination on an application for exemption made
Page 4, Line 23by the attorney general pursuant to this subsection (11) may be
Page 5, Line 1appealed by the manufacturer of information technology
Page 5, Line 2equipment that submitted the application in a district court of competent jurisdiction in accordance with section 24-4-106.
Page 5, Line 3SECTION 2. In Colorado Revised Statutes, 24-31-101, add (5) as follows:
Page 5, Line 424-31-101. Powers and duties of attorney general. (5) In any
Page 5, Line 5action brought by the attorney general in the attorney
Page 5, Line 6general's official capacity, or on the relation of the state of
Page 5, Line 7Colorado or the people of the state of Colorado, to enforce the
Page 5, Line 8law as authorized by statute or common law, the attorney
Page 5, Line 9general shall not be deemed to pursue an action on behalf of
Page 5, Line 10any other state officer or any state agency, department, office,
Page 5, Line 11board, commission, or enterprise and shall not be deemed in
Page 5, Line 12possession, custody, or control of any record that is made, kept,
Page 5, Line 13or maintained by any other state officer or any state agency,
Page 5, Line 14department, office, board, commission, or enterprise for the
Page 5, Line 15purpose of any discovery request directed at the attorney
Page 5, Line 16general in the attorney general's official capacity, or on the
Page 5, Line 17relation of the state of Colorado or the people of the state of Colorado, as a party to such action.
Page 5, Line 18SECTION 3. Safety clause. The general assembly finds,
Page 5, Line 19determines, and declares that this act is necessary for the immediate
Page 5, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 21the support and maintenance of the departments of the state and state institutions.