(1) Except as otherwise provided in subsection (2) of this section, this article applies to electronic records and electronic signatures relating to a transaction.
(2) This article does not apply to a transaction to the extent it is governed by:
A law governing the creation and execution of wills, codicils, or testamentary trusts;
The "Uniform Commercial Code", title 4, C.R.S., other than section 4-1-306, C.R.S.,and articles 2 and 2.5 of title 4, C.R.S.
(3) Additional exceptions. This article shall not apply to:
(a) Court orders or notices or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings; (b) Any notice of:
The cancellation or termination of utility services, including water, heat, and power;
Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual, provided that nothing in this subparagraph (II) shall prohibit any record related to a foreclosure from being sent or received in electronic form or by electronic means between the owner of an evidence of debt or the attorney for such owner and the office of a public trustee or sheriff, nor shall anything in this subparagraph (II) prohibit the office of a public trustee or sheriff from receiving or storing any record related to a foreclosure in electronic form or by electronic means;
The cancellation or termination of health insurance or benefits or life insurancebenefits, excluding annuities; or
Recall of a product, or material failure of a product, that risks endangering health orsafety; or
(c) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
This article applies to an electronic record or electronic signature otherwise excludedfrom the application of this article under subsection (2) of this section to the extent it is governed by a law other than those specified in said subsection (2).
A transaction subject to this article is also subject to other applicable substantive law.
(a) This article is not intended to limit, modify, or supercede the requirements of section 101 (d), 101 (e), 102 (c), 103 (a), or 103 (b) of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 (d), 7001 (e), 7002 (c), 7003 (a), and 7003 (b).
(b) The consumer disclosures contained in section 101 (c) of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 (c), are incorporated by reference and shall also apply to intrastate transactions.
Source: L. 2002: Entire article added, p. 847, § 1, effective May 30. L. 2005: (3)(b)(II) amended, p. 397, § 1, effective August 8. L. 2006: (2)(b) amended, p. 505, § 54, effective September 1.