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S_AGR_2023A 03/09/2023 01:34:54 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES
Date 03/09/2023
Attendance
Marchman X
Pelton B. X
Pelton R. *
Priola X
Simpson *
Hinrichsen X
Roberts X
Time 01:34:54 PM to 07:53:30 PM
Place SCR 352
This Meeting was called to order by Roberts
This Report was prepared by Julia Jackson
Hearing Items Action Taken
Conf 23-Land Commissioners — State Board Of Favorably Refer to Full Senate - Consent Calendar
Conf 23-Tourism Office Board Of Directors — Colorado Favorably Refer to Full Senate - Consent Calendar
Conf 23-Ground Water Commission Favorably Refer to Full Senate - Consent Calendar
Conf 23-Water Conservation Board — Colorado Favorably Refer to Full Senate - Consent Calendar
SB23-159 Amended, referred to Senate Appropriations
HB23-1011 Amended, referred to the Committee of the Whole

Conf 23-Land Commissioners — State Board Of - Favorably Refer to Full Senate - Consent Calendar


01:35:12 PM  
Bill Ryan, Director, introduced the State Board of Land Commissioners (State Land Board) and appointee Deborah Froeb. Ms. Froeb introduced herself to the committee and discussed her interest in serving on the State Land Board. Ms. Froeb and Director Ryan responded to questions from the committee.


01:45:24 PM
Motion Refer the appointment of Deborah Froeb to the Conf 23-Land Commissioners — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Excused
Priola Yes
Simpson Yes
Hinrichsen Yes
Roberts Yes
Final YES: 6   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Conf 23-Tourism Office Board Of Directors — Colorado - Favorably Refer to Full Senate - Consent Calendar


01:45:35 PM  
Tim Wolfe, Director, Colorado Tourism Office, introduced the Colorado Tourism Office Board of Directors and appointee Rachel Brown. Ms. Brown introduced herself and discussed her experience and interest in serving on the board. Ms. Brown responded to questions from the committee.


01:50:34 PM
Motion Refer the appointment of Rachel Brown to the Conf 23-Tourism Office Board Of Directors — Colorado to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Excused
Priola Yes
Simpson Yes
Hinrichsen Yes
Roberts Yes
Final YES: 6   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Conf 23-Ground Water Commission - Favorably Refer to Full Senate - Consent Calendar


01:51:05 PM  
Kevin Rein, State Engineer, introduced the Ground Water Commission and appointees Miguel Diaz and Tim Hume. Mr. Diaz and Mr. Hume introduced themselves to the committee and discussed their interest in serving on the board.


01:57:23 PM
Motion Refer the appointment of Miguel Diaz, Tim Hume to the Conf 23-Ground Water Commission to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Yes
Priola Yes
Simpson Yes
Hinrichsen Yes
Roberts Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Conf 23-Water Conservation Board — Colorado - Favorably Refer to Full Senate - Consent Calendar


01:57:48 PM  
Becky Mitchell, Director, Colorado Water Conservation Board (CWCB), introduced the CWCB and appointees Gregory Felt, Barbara Vasquez, Lorelei Cloud, and Nathan Coombs. The appointees introduced themselves to the committee and discussed their interest in serving on the CWCB. They responded to questions from the committee.


02:13:25 PM
Motion Refer the appointment of Gregory Felt, Barbara Vasquez, Lorelei Cloud, Nathan Coombs to the Conf 23-Water Conservation Board — Colorado to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Yes
Priola Yes
Simpson Yes
Hinrichsen Yes
Roberts Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-159 - Amended, referred to Senate Appropriations


02:13:39 PM  
Senator Hinrichsen
and Senator B. Pelton reminded the committee of their prior hearing on
Senate Bill 23-159. The bill continues the Colorado Food Systems Advisory
Council in Colorado State University, which is scheduled to repeal on September
1, 2023.  The committee took testimony on the bill on March 2, 2023.
Senator Hinrichsen presented amendments L.002, L.003, and L.004 (Attachments
A-C).
02:18:52 PM  
The committee discussed the amendments.


02:20:17 PM
Motion Adopt amendment L.002
Moved Hinrichsen
Seconded
Marchman
Pelton B.
Pelton R.
Priola
Simpson
Hinrichsen
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:20:33 PM
Motion Adopt amendment L.003
Moved Hinrichsen
Seconded
Marchman
Pelton B.
Pelton R.
Priola
Simpson
Hinrichsen
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:20:47 PM
Motion Adopt amendment L.004
Moved Hinrichsen
Seconded
Marchman
Pelton B.
Pelton R.
Priola
Simpson
Hinrichsen
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:21:13 PM
Motion Refer Senate Bill 23-159, as amended, to the Committee on Appropriations.
Moved Hinrichsen
Seconded
Marchman Yes
Pelton B. Yes
Pelton R. Yes
Priola Yes
Simpson Yes
Hinrichsen Yes
Roberts Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



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


07:53:30 PM   The committee adjourned.






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