§ 6-1-1502 — Definitions - repeal
As used in this part 15, unless the context otherwise requires:
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As used in this part 15, unless the context
otherwise requires:
(1) (a) Agricultural equipment means equipment that is primarily designed
for use in a farm or ranch operation.
(b) [ Editor's note: This version of subsection (1)(b) is effective until January 1,
2026. ] Agricultural equipment includes:
(I) A tractor, trailer, combine, sprayer, tillage implement, baler, and other
equipment used to plant, cultivate, or harvest agricultural products or to ranch; and
(II) Attachments to and repair parts for equipment described in subsection
(1)(b)(I) of this section.
(b) [ Editor's note: This version of subsection (1)(b) is effective January 1,
2026. ] Agricultural equipment includes:
(I) A tractor, trailer, combine, sprayer, tillage implement, baler, and other
equipment used to plant, cultivate, or harvest agricultural products or to ranch;
(II) Attachments to and repair parts for equipment described in subsection
(1)(b)(I) of this section; and
(III) A nonroad compression-ignition engine. As used in this subsection
(1)(b)(III):
(A) Compression-ignition has the meaning set forth in 40 CFR 1039.801;
and
(B) Engine has the meaning set forth in 40 CFR 1068.30.
(c) Agricultural equipment does not include:
(I) A self-propelled vehicle designed primarily for the transportation of
individuals or property on a street or highway;
(II) A powersports vehicle as defined in section 44-20-402 (11);
(III) Any aircraft used in an agricultural aircraft operation, as defined in 14
CFR 137.3; or
(IV) Any equipment designed and used primarily for irrigation purposes.
(1.1) [ Editor's note: Subsection (1.1) is effective January 1, 2026. ] Agricultural equipment dealer means any person, partnership, corporation,
association, or other form of business enterprise that is primarily engaged in the
retail sale of agricultural equipment.
(1.3) (a) Authorized repair provider means a person that is unaffiliated with
a manufacturer other than through an arrangement with the manufacturer, whether
for a definite or an indefinite period, in which the manufacturer, for the purpose of
offering to provide services to an equipment owner regarding the owner's
equipment or a part, grants the person:
(I) A license to use a trade name, service mark, or other proprietary identifier;
or
(II) Authorization under any other arrangement to act on behalf of the
manufacturer.
(b) Authorized repair provider includes a manufacturer that offers to
provide services to an owner of the manufacturer's equipment regarding the
owner's equipment or a part if the manufacturer does not have an arrangement with
an unaffiliated person, as described in subsection (1.3)(a) of this section.
(1.5) Data means, with the consent of an owner, transmitted or compiled
information arising from the operation of an owner's agricultural equipment or its
parts.
(1.7) [ Editor's note: Subsection (1.7) is effective January 1, 2026. ]
(a) Digital electronic equipment or digital equipment means a hardware
product:
(I) Manufactured for the first time and first sold or used in Colorado on or
after July 1, 2021; and
(II) That depends, in whole or in part, on digital electronics embedded in or
attached to the product in order for the product to function as intended.
(b) Digital electronic equipment or digital equipment does not include
agricultural equipment and powered wheelchairs.
(2) Documentation means a manual; diagram, including a schematic
diagram; reporting output; service code description; security code or password; or
similar type of guidance or information, whether in an electronic or tangible format,
that a manufacturer provides to an authorized repair provider to assist the
authorized repair provider with services performed on the manufacturer's
equipment or a part.
(3) Embedded software:
(a) Means programmable instructions provided on firmware delivered with an
electronic component of equipment or with any part for the purpose of restoring or
improving operation of the equipment or part; and
(b) Includes all relevant patches and fixes that the manufacturer makes to
equipment or to any part for the purpose of restoring or improving the equipment or
part.
(3.2) (a) Embedded software for agricultural equipment means any
programmable instructions provided on firmware delivered with or loaded to the
agricultural equipment, with respect to agricultural equipment operation.
(b) Embedded software for agricultural equipment includes all relevant
patches and fixes that the manufacturer makes, including, but not limited to, items
described as basic internal operating system, internal operating system,
machine code, assembly code, root code, and microcode.
(4) Equipment means:
(a) A powered wheelchair; or
(b) Agricultural equipment.
(c) This subsection (4) is repealed, effective January 1, 2026.
(4.3) (a) Equipment dealer means any person, partnership, corporation,
association, or other form of business enterprise that is primarily engaged in the
retail sale of agricultural equipment.
(b) This subsection (4.3) is repealed, effective January 1, 2026.
(5) [ Editor's note: The introductory portion of subsection (5) is effective
January 1, 2026. ] Fair and reasonable terms and costs, as applied to agricultural
equipment and powered wheelchairs, means the following:
(5) (a) (I) [ Editor's note: This version of subsection (5)(a)(I) is effective until
January 1, 2026. ] Fair and reasonable terms and costs, with respect to obtaining
documentation, parts, embedded software, firmware, or tools from a manufacturer
to provide services, means terms that are equivalent to the most favorable terms
that the manufacturer offers to an authorized repair provider and costs that are no
greater than the manufacturer's suggested retail price.
(a) (I) [ Editor's note: This version of subsection (5)(a)(I) is effective January 1,
2026. ] With respect to obtaining documentation, parts, embedded software,
firmware, or tools from a manufacturer to provide services, terms that are
equivalent to the most favorable terms that the manufacturer offers to an
authorized repair provider and costs that are no greater than the manufacturer's
suggested retail price.
(II) Except as provided in subsection (5)(d) of this section, costs considered
under subsection (5)(a)(I) of this section are calculated using net costs incurred,
accounting for any discounts, rebates, or incentives offered.
(b) [ Editor's note: This version of subsection (5)(b) is effective until January
1, 2026. ] With respect to documentation, fair and reasonable terms and costs
means that the manufacturer provides the documentation, including any relevant
updates to the documentation, at no charge; except that the manufacturer may
charge a fee for a printed copy of the documentation if the amount of the fee
covers only the manufacturer's actual cost to prepare and send the printed copy of
the documentation.
(b) [ Editor's note: This version of subsection (5)(b) is effective January 1,
2026. ] With respect to documentation, the manufacturer provides the
documentation, including any relevant updates to the documentation, at no charge;
except that the manufacturer may charge a fee for a printed copy of the
documentation if the amount of the fee covers only the manufacturer's actual cost
to prepare and send the printed copy of the documentation.
(c) [ Editor's note: This version of the introductory portion of subsection
(5)(c) is effective until January 1, 2026. ] With respect to tools that are software
programs, fair and reasonable terms and costs means that the manufacturer
provides the tools that are software programs:
(c) [ Editor's note: This version of the introductory portion of subsection
(5)(c) is effective January 1, 2026. ] With respect to tools that are software
programs, the manufacturer provides the tools that are software programs:
(I) At no charge and without requiring authorization or internet access or
otherwise imposing impediments to access or use;
(II) In the course of effectuating the diagnosis, maintenance, or repair and
enabling the full functionality of the equipment or part; and
(III) In a manner that does not impair the efficient and cost-effective
performance of the equipment or part.
(d) [ Editor's note: This version of the introductory portion of subsection
(5)(d) is effective until January 1, 2026. ] Fair and reasonable terms and costs,
with respect to parts for agricultural equipment, means that, notwithstanding
subsection (5)(a)(I) of this section, parts shall be sold to an owner or an independent
repair provider under equitable terms for access to or receipt of any part pertaining
to agricultural equipment and in a manner that:
(d) [ Editor's note: This version of the introductory portion of subsection
(5)(d) is effective January 1, 2026. ] With respect to parts for agricultural equipment
and notwithstanding subsection (5)(a)(I) of this section, parts shall be sold to an
owner or an independent repair provider under equitable terms for access to or
receipt of any part pertaining to agricultural equipment and in a manner that:
(I) Is fair to both parties in light of any agreed-upon conditions, the promised
quality, and the timeliness of the delivery; or
(II) Does not discourage or disincentivize repairs to be made by an owner or
an independent repair provider.
(e) [ Editor's note: This version of the introductory portion of subsection
(5)(e) is effective until January 1, 2026. ] Terms considered under this subsection (5)
are fair if the terms do not impose on an owner or independent repair provider any:
(e) [ Editor's note: This version of the introductory portion of subsection
(5)(e) is effective January 1, 2026. ] Terms are fair if the terms do not impose on an
owner or independent repair provider any:
(I) Substantial obligation to use, or any restriction on the use of, a part,
embedded software, embedded software for agricultural equipment, firmware, or
tool, including a condition that the owner or independent repair provider become an
authorized repair provider of the manufacturer; or
(II) Requirement that a part, embedded software, embedded software for
agricultural equipment, firmware, or tool be registered or paired with or approved
by the manufacturer or an authorized repair provider before the part, embedded
software, embedded software for agricultural equipment, firmware, or tool is
operational.
(5.5) [ Editor's note: Subsection (5.5) is effective January 1, 2026. ] Fair and
reasonable terms and costs for digital electronic equipment means:
(a) (I) With respect to obtaining documentation, embedded software,
firmware, or tools from a manufacturer to provide services, costs and terms that are
equivalent to the most favorable costs and terms that the manufacturer offers to an
authorized repair provider and costs that are no greater than the manufacturer's
suggested retail price, including terms that are equivalent to the methods and
timeliness of delivery of the embedded software, firmware, or tools to an authorized
repair provider.
(II) Costs considered under subsection (5.5)(a)(I) of this section are
calculated using net costs incurred, accounting for any discounts, rebates,
convenient and timely means of delivery, means of enabling fully restored and
updated functionality, rights of use, or other incentives or preferences offered.
(b) With respect to tools, the manufacturer provides a tool in a manner that
does not impair access to, the use of, or the efficient and cost-effective
performance of the tool for the purpose of diagnosing, maintaining, or repairing the
digital equipment to its full functionality. If an owner or independent repair provider
requests a tool in physical form, the manufacturer may include a charge for the
reasonable, actual cost of preparing and sending the tool to the owner or
independent repair provider.
(c) With respect to tools that are software programs, the manufacturer
provides the tools that are software programs:
(I) At no charge;
(II) In the course of effectuating the diagnosis, maintenance, or repair and
enabling the full functionality of the digital equipment or part; and
(III) In a manner that does not impair the efficient and cost-effective
performance of the digital equipment or part;
(d) With respect to parts, costs that are fair to both parties and terms under
which a manufacturer offers the part to an authorized repair provider.
(6) Firmware means a software program or set of instructions programmed
on equipment or a part to allow the equipment or part to function or communicate
with itself or with other computer hardware.
(7) (a) Independent repair provider, except as otherwise provided in
subsection (7)(b) of this section, means a person in the state that is:
(I) Neither a manufacturer's authorized repair provider nor affiliated with a
manufacturer's authorized repair provider; and
(II) Engaged in offering or providing services.
(b) Independent repair provider includes:
(I) An authorized repair provider if the authorized repair provider is offering
or providing services for a manufacturer other than a manufacturer with which the
authorized repair provider has an arrangement described in subsection (1) of this
section; and
(II) A manufacturer with respect to offering or providing services for another
manufacturer's equipment or part.
(7.2) [ Editor's note: Subsection (7.2) is effective January 1, 2026. ] Manufacturer of motor vehicle equipment means an entity engaged in the
business of manufacturing or supplying components used to manufacture,
maintain, or repair a motor vehicle.
(7.3) [ Editor's note: Subsection (7.3) is effective January 1, 2026. ] Medical
device has the same meaning as device as set forth in section 201 of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 321 (h), as amended.
(7.5) [ Editor's note: Subsection (7.5) is effective January 1, 2026. ]
(a) Motor vehicle means a vehicle that is:
(I) Designed to transport individuals or property on a street or highway; and
(II) Certified by a motor vehicle manufacturer under:
(A) All applicable federal safety and emission standards; and
(B) All requirements for the distribution and sale of motor vehicles in the
United States.
(b) Motor vehicle does not include a recreational vehicle, as defined in
section 44-20-102 (23), or a motor home, as defined in section 42-1-102 (57),
equipped for habitation.
(7.7) [ Editor's note: Subsection (7.7) is effective January 1, 2026. ] Motor
vehicle dealer has the meaning set forth in section 44-20-102 (18).
(7.8) [ Editor's note: Subsection (7.8) is effective January 1, 2026. ] Motor
vehicle manufacturer means an entity engaged in the business of manufacturing
or assembling new motor vehicles.
(8) [ Editor's note: This version of subsection (8) is effective until January 1,
2026. ] Original equipment manufacturer or manufacturer means a person doing
business in the state and engaged in the business of selling, leasing, or otherwise
supplying new equipment or parts manufactured by or on behalf of itself to any
individual, business, or other entity.
(8) [ Editor's note: This version of subsection (8) is effective January 1, 2026. ] Original equipment manufacturer or manufacturer means a person doing
business in the state and engaged in the business of selling, leasing, or otherwise
supplying new digital electronic equipment, agricultural equipment, or powered
wheelchairs or parts manufactured by or on behalf of itself to any individual,
business, or other entity.
(9) [ Editor's note: This version of subsection (9) is effective until January 1,
2026. ] Owner means a person that owns equipment or an agent of the owner.
(9) [ Editor's note: This version of subsection (9) is effective January 1, 2026. ] Owner means a person that owns digital electronic equipment, agricultural
equipment, or a powered wheelchair or an agent of the owner.
(10) Part means a new or used replacement part for equipment that a
manufacturer offers for sale or otherwise makes available for the purpose of
providing services.
(10.3) [ Editor's note: Subsection (10.3) is effective January 1, 2026. ] Parts
pairing means a manufacturer's practice of using software to identify component
parts through a unique identifier.
(11) Powered wheelchair means a motorized wheeled device designed for
use by a person with a physical disability.
(12) [ Editor's note: This version of subsection (12) is effective until January 1,
2026. ] Services means diagnostic, maintenance, or repair services performed on
equipment or a part.
(12) [ Editor's note: This version of subsection (12) is effective January 1,
2026. ] Services means diagnostic, maintenance, or repair services performed on
digital electronic equipment, agricultural equipment, or powered wheelchairs or a
part.
(13) Tools means any software program, hardware implement, or other
apparatus used for diagnosis, maintenance, or repair of equipment or parts,
including software or other mechanism that provides, programs, or pairs a new part;
calibrates functionality; or performs any other function required to return the
equipment or part to fully functional condition.
(14) Trade secret has the meaning set forth in section 7-74-102 (4).
(15) [ Editor's note: Subsection (15) is effective January 1, 2026. ]
(a) Video game console means a computing device that is:
(I) Primarily used by consumers for playing video games; and
(II) Neither a general nor an all-purpose computer.
(b) Video game console includes:
(I) A console machine;
(II) A handheld console device; and
(III) The components and peripherals of a video game console.
(c) Video game console does not include a desktop computer, laptop
computer, computer tablet, or cell phone.
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