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C15507C8409DC6218725896D00754EBA Hearing Summary




PUBLIC
BILL SUMMARY For HB23-1011

SENATE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES
Date Mar 9, 2023      
Location SCR 352



HB23-1011 - Amended, referred to the Committee of the Whole

02:23:03 PM  
Senator Hinrichsen
and Senator Marchman, co-prime sponsors, presented House Bill 23-1011 to
the committee.  The bill adds agricultural equipment to the existing
consumer right-to-repair statutes. It requires a manufacturer to provide
necessary parts, software, firmware, tools, or documentation to independent
repair providers and owners at a fair and reasonable price. The bill specifies
that fair and reasonable price for these items cannot be greater than the
suggested retail price indicated by the manufacturer or a dealer selling
on behalf of the manufacturer. The bill creates a deceptive trade practice
for manufacturers that do not comply with the requirements of the bill.
02:32:09 PM  
The bill sponsors
responded to questions from committee members.
02:32:10 PM  

Handouts were distributed to the committee (Attachments D-F). Submitted written testimony can be found in Attachment G.

02:43:18 PM  
Mr. Chad Franke, representing Rocky Mountain Farmers Union, testified in support of the bill. Mr. Danny Wood, representing themself, testified in support of the bill. Mr. Danny Katz, representing Colorado Public Interest Research Group, testified in support of the bill. Ron Harmon, representing Big Bud Tractors, testified in support of the bill.

The panelists responded to questions from the committee.

02:59:39 PM  
Questions for the previous panel continued.
03:17:10 PM  
Questions continued.
03:17:19 PM  
Commissioner Kate Greenberg, representing Colorado Department of Agriculture, testified in support of the bill. Mr. Kyler Brown, representing themself, testified in support of the bill. Harrison Topp, representing themself, testified in support of the bill.

Commissioner Greenberg replied to questions from the committee.

03:26:00 PM  
Mrs. Erin Meschke, representing themself, testified in support of the bill. Maxwell Fogler, representing themself, testified in support of the bill. Mr. Paul Roberts, representing Secure Repairs, testified in support of the bill. Kyle Wiens, representing iFixit, testified in support of the bill.

The panelists responded to questions from the committee.

03:39:13 PM  
Professor Blake Reid, representing themself, testified in a neutral position on the bill. Mr. Austin Vincent, representing Colorado Farm Bureau, testified to amend the bill. Mr. Wes Skiles, representing Colorado Livestock Association, testified in opposition to the bill. Mr. James Henderson, representing Colorado Farm Bureau, testified to amend the bill. Ms. Emily Buckman, representing themself, testified in a neutral position to the bill.

The panelist responded to questions from the committee.

04:04:04 PM  
Panelists continued to respond to questions from the committee.
04:09:46 PM  
Mr. Matthew Wenchell, representing Potestio Brothers Equipment, testified to amend the bill. Mr. Brad Reid, representing 4 Rivers Equipment, testified in opposition to the bill. Mr. Garrett Hosanna, representing themself, testified in opposition to the bill. Mr. Eric Wareham, representing North American Equipment Dealers Association, testified in opposition to the bill.

The panelists responded to questions from the committee.

04:33:12 PM  
The panelists continued to respond to questions.
04:33:24 PM  
Mr. Ron Pietrafeso,
representing themself, testified in opposition to the bill. Damon McGeary,
representing American Implement, testified in opposition to the bill. Lee
Benjamin, represnting themself, testified in opposition to the bill.  Cevey
Pennington, representing themself, testified in opposition to the bill.




The panelists responded to questions from the committee.
04:57:26 PM  
Mr. Billy Andersen, representing Central Plains Equipment, testified in opposition to the bill.

Mr. Russell Ball, representing the Far West Equipment Dealers Association and 21st Century Equipment, testified in opposition to the bill.

Tim Stokes, representing Honnen Equipment, testified in opposition to the bill.

Mr. Jordan Radach, representing Ron's Equipment, testified in opposition to the bill.

The panelists responded to questions from the committee.

05:20:08 PM  
Mr. Jonathon Porter,
representing Associated Equipment Distributors, testified in opposition
to the bill.  Mr. Mike Fergus, representing Redlund Equipment, testified
in opposition to the bill.  Scott Van Horn, representing U.S. Tractor
& Harvest, Inc., testified in opposition to the bill.  Mr. Frank
Potestio, representing themself, testified in opposition to the bill.



The panelists responded to questions from the committee.
05:37:14 PM  
Mr. Eric Ricke, representing
themself, testified in opposition to the bill.  Mr. Tony Olsen, representing
Potestio Brothers Equipment, testified in opposition to the bill.  Mr.
Carson Nuttall, representing Redlund Equipment, testified in opposition
to the bill.  Mr. Trevor Smith, representing Potestio Brothers Equipment,
testified in opposition to the bill.



The panelists respond to questions from the committee.
05:48:31 PM  
Mr. Nathan Rutter, representing Association of Equipment Dealers, testified in opposition to the bill. Mr. Christopher Helus, representing themself, testified in opposition to the bill. Mr. Randy Nelson, representing Potestio Brothers Equipment, testified in opposition to the bill. Mr. Jake Potestio, representing Potestio Brothers Equipment, testified in opposition to the bill.

The panelists responded to questions from the committee.

06:13:38 PM  
Mr. David Heizenrader,
representing Potestio Brothers Equipment, testified in opposition to the
bill.  Haley Brewer, representing themself, testified in opposition
to the bill.  Mr. Shawn Walsh, representing Potestio Brothers Equipment,
testified in opposition to the bill.  Chad Miner, representing themself,
testified in opposition to the bill. Mr. John Isgar, representing themself,
testified in opposition to the bill.
06:23:57 PM  
Mr. Donald Lear, representing themself, testified in opposition to the bill.
06:29:45 PM  
Mr. Daniel Larson, representing themself, testified in opposition to the bill.
06:31:42 PM  
The committee recessed.
06:40:43 PM  
The committee reconvened.
06:41:41 PM  
Mr. John Nelson, representing Potestio Brothers Equipment, testified in opposition to the bill.
06:46:48 PM  
Mr. Dan Waldvogle,
representing Rocky Mountain Farmers Union, testified in support of the
bill.  Mr. Willie Cade, representing National Farmers Union, testified
in support of the bill.  Mr. Andres Alvarez, representing themself,
testified in support of the bill.



The panelists responded to questions from the committee.
06:58:11 PM  
The panelists continued to respond to questions from the committee.
07:17:31 PM  
The panelists continued to respond to questions from the committee.
07:23:00 PM  
The committee took
a brief recess.
07:23:01 PM  
Senator B. Pelton
explained amendment L.015 (Attachment H) and amendment L.016 (Attachment
I).


07:34:26 PM
Motion Adopt amendment L.015
Moved Pelton B.
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Yes
Priola No
Simpson Yes
Hinrichsen Yes
Roberts Yes
YES: 6   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


07:35:29 PM
Motion Adopt amendment L.016
Moved Pelton B.
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. No
Priola No
Simpson Yes
Hinrichsen Yes
Roberts Yes
YES: 5   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
07:35:32 PM  
Senator Hinrichsen and Senator Marchman gave closing comments on the bill.
07:44:37 PM  
Committee members made closing comments on the bill.


07:53:20 PM
Motion Refer House Bill 23-1011, as amended, to the Committee of the Whole.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. No
Priola No
Simpson No
Hinrichsen Yes
Roberts Yes
Final YES: 4   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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