Amendments for HB23-1011
House Journal, February 7
52 HB23-1011 be amended as follows, and as so amended, be referred to
53 the Committee of the Whole with favorable
54 recommendation:
55
1 Amend printed bill, page 3, strike lines 19 through 22 and substitute:
2
3 "(c) "AGRICULTURAL EQUIPMENT" DOES NOT INCLUDE:
4 (I) A SELF-PROPELLED VEHICLE DESIGNED PRIMARILY FOR THE
5 TRANSPORTATION OF INDIVIDUALS OR PROPERTY ON A STREET OR
6 HIGHWAY;
402 7 (II) A POWERSPORTS VEHICLE AS DEFINED IN SECTION 44-20-
8 (11); OR
9 (III) ANY AIRCRAFT USED IN AN AGRICULTURAL AIRCRAFT
10 OPERATION, AS DEFINED IN 14 CFR 137.3.".
11
12
House Journal, February 17
19 Amend printed bill, page 2, line 7, strike "(1.5)" and substitute "(1.3),
20 (1.7),".
21
22 Page 3, line 23, strike "(1.5)" and substitute "(1.3)".
23
24 Page 4, line 10, strike "(1.5)(a)" and substitute "(1.3)(a)".
25
26 Page 4, after line 11 insert:
27
28 "(1.7) "DEALER" MEANS A PERSON, OTHER THAN A
29 MANUFACTURER, THAT IS ENGAGED IN THE BUSINESS OF BUYING, SELLING,
30 OR EXCHANGING EQUIPMENT IN THE STATE.".
31
32 Page 5, strike line 26 and substitute "services - exemptions. (3) NEITHER
33 an original equipment manufacturer NOR A DEALER is not".
34
35 Page 6, after line 7 insert:
36
37 "SECTION 4. In Colorado Revised Statutes, 6-1-1504, add
38 (1)(a.5) as follows:
39 6-1-1504. Limitations. (1) Subject to subsection (2) of this
40 section, nothing in this part 15:
41 (a.5) AUTHORIZES AN INDEPENDENT REPAIR PROVIDER OR OWNER
42 TO:
43 (I) MAKE ANY MODIFICATION TO AGRICULTURAL EQUIPMENT THAT
44 PERMANENTLY DEACTIVATES A SAFETY NOTIFICATION SYSTEM;
45 (II) ACCESS ANY FUNCTION OF A TOOL THAT ENABLES THE
46 INDEPENDENT REPAIR PROVIDER OR OWNER TO CHANGE THE SETTINGS FOR
47 A PIECE OF AGRICULTURAL EQUIPMENT IN A MANNER THAT BRINGS THE
48 EQUIPMENT PERMANENTLY OUT OF COMPLIANCE WITH ANY APPLICABLE
49 FEDERAL, STATE, OR LOCAL SAFETY OR EMISSIONS LAW;
50 (III) EVADE EMISSIONS OR COPYRIGHT LAWS; OR
51 (IV) ENGAGE IN ANY OTHER ILLEGAL EQUIPMENT MODIFICATION
52 ACTIVITIES;".
53
54 Renumber succeeding section accordingly.
55
56
1 Amendment No. 3, by Representative Weinberg:
2
3 Amend the Titone floor amendment (HB1011_L.003), page 1, strike line
4 25 and substitute:
5
6 "(III) EVADE EMISSIONS, COPYRIGHT, TRADEMARK, OR PATENT'.
7
8 As amended, ordered engrossed and placed on the Calendar for Third
9 Reading and Final Passage.
House Journal, February 21
22 Amend engrossed bill, page 6, line 4, strike "(3)(a)" and substitute "(3)
23 introductory portion, (3)(a),".
24
25 Page 7, line 1, after "PATENT" add "LAWS; OR".
Senate Journal, March 10
After consideration on the merits, the Committee recommends that HB23-1011 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, line 16, strike "IRRIGATE,".
Page 3, line 24, strike "OR".
Page 3, line 26, strike "137.3." and substitute "137.3; OR
(IV) ANY EQUIPMENT DESIGNED AND USED PRIMARILY FOR IRRIGATION
PURPOSES.".
Page 7, after line 4 insert:
"SECTION 5. In Colorado Revised Statutes, add 6-1-1505 as follows:
6-1-1505. Federal legislation on right to repair agricultural
equipment - repeal - notice to revisor. THIS ARTICLE 15, AS AMENDED BY
HOUSE BILL 23-1011, ENACTED IN 2023, WILL BE REPEALED IF THE UNITED
STATES CONGRESS ENACTS FEDERAL LEGISLATION ESTABLISHING A RIGHT TO
REPAIR AGRICULTURAL EQUIPMENT. THE ATTORNEY GENERAL SHALL NOTIFY
THE REVISOR OF STATUTES IN WRITING OF THE DATE ON WHICH THE CONDITION
SPECIFIED IN THIS SECTION HAS OCCURRED BY E-MAILING THE NOTICE TO
REVISOROFSTATUTES.GA@COLEG.GOV. THIS ARTICLE 15, AS AMENDED BY
HOUSE BILL 23-1011, ENACTED IN 2023, IS REPEALED, EFFECTIVE UPON THE
DATE IDENTIFIED IN THE NOTICE THAT THE FEDERAL LEGISLATION WAS ENACTED
OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE
NOTICE TO THE REVISOR OF STATUTES.".
Renumber succeeding section accordingly.
Agriculture &
Natural
Resources
Senate Journal, March 15
Amend reengrossed bill, page 2, strike line 7 and substitute "(2), (4), and
(5)(a)(II); and add (1.3), (1.7), (5)(d), and (5)(e).".
Page 5, strike lines 2 through 9 and substitute:
"(5) (a) (II) EXCEPT AS PROVIDED IN SUBSECTION (5)(d) OF THIS".
Page 5, strike lines 13 through 18 and substitute:
"(d) "FAIR AND REASONABLE TERMS AND COSTS" WITH RESPECT TO
AGRICULTURAL EQUIPMENT FROM THE MANUFACTURER OR DEALER, MEANS
THAT 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, AT A COST THAT IS NO GREATER
THAN THE MANUFACTURER'S SUGGESTED RETAIL PRICE, AND IN A MANNER THAT
IS FAIR TO BOTH PARTIES IN LIGHT OF ANY AGREED-UPON CONDITIONS, THE
PROMISED QUALITY, AND THE TIMELINESS OF THE DELIVERY.
(e) TERMS CONSIDERED UNDER SUBSECTION (5) OF THIS".
Amendment No. 3(L.028), by Senator Priola.
Amend reengrossed bill, page 2, line 7, strike "and (5)(a);" and substitute
"(5)(a), and (6);".
Page 6, after line 2 insert:
"(6) (a) "Firmware" means a software program or set of instructions
programmed on equipment or a part to allow the equipment or part to
communicate with itself or with other computer hardware.
(b) "FIRMWARE" DOES NOT INCLUDE ANY THIRD-PARTY SOFTWARE
PROGRAM OR SET OF INSTRUCTIONS THAT IS NOT PRIMARILY INTENDED FOR USE
WITH AGRICULTURAL EQUIPMENT.".
Amendment No. 4(L.020), by Senator Roberts.
Amend reengrossed bill, page 6, strike lines 15 and 16 and substitute:
"SECTION 4. In Colorado Revised Statutes, 6-1-1504, amend (2); and
add (1)(a.5) as follows:".
Page 7, after line 4 insert:
"(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION,
with respect to a contract or other arrangement, or renewal of a contract or
existing arrangement, that an original equipment manufacturer enters into after
January 1, 2023, any contract term, provision, agreement, or language in the
contract or arrangement that waives, avoids, restricts, or limits the
manufacturer's obligations under this part 15 is void and unenforceable.
(b) IF AN AGRICULTURAL EQUIPMENT MANUFACTURER ENTERS INTO, OR
IS COVERED UNDER, A NATIONWIDE MEMORANDUM OF UNDERSTANDING
REGARDING A RIGHT TO REPAIR AGRICULTURAL EQUIPMENT, THE MEMORANDUM
OF UNDERSTANDING GOVERNS AN OWNER'S RIGHT TO PROVIDE SERVICES, OR TO
ENGAGE THE SERVICES OF AN INDEPENDENT REPAIR PROVIDER, FOR THAT
MANUFACTURER'S BRAND OF AGRICULTURAL EQUIPMENT; EXCEPT THAT, IF
COMPLIANCE WITH THE MEMORANDUM OF UNDERSTANDING WOULD DENY THE
OWNER THE RIGHT TO ANY DOCUMENTATION, TOOLS, OR SOFTWARE NECESSARY
FOR THE DIAGNOSIS, MAINTENANCE, OR REPAIR OF THE OWNER'S AGRICULTURAL
EQUIPMENT, THE OWNER IS ENTITLED TO THE DOCUMENTATION, TOOLS, OR
SOFTWARE IN ACCORDANCE WITH THIS PART 15.".
Amendment No. 5(L.031), by Senator Marchman.
Amend reengrossed bill, page 2, line 7, after "(1.3)," insert "(1.5),".
Page 4, after line 15 insert:
"(1.5) "DATA" MEANS TRANSMITTED OR COMPILED INFORMATION
ARISING FROM THE OPERATION OF AN OWNER'S AGRICULTURAL EQUIPMENT OR
ITS PARTS.".
Page 6, line 3, after "amend" insert "(1)(a),".
Page 6, strike line 6 and substitute "services - exemptions - definition.
(1) Except as provided in subsection (2) of this section:
(a) For the purpose of providing services for equipment in the state, an
original equipment manufacturer shall, with fair and reasonable terms and costs,
make available to an independent repair provider or owner of the manufacturer's
equipment any documentation, INCLUDING DATA; parts; embedded software;
firmware; or tools that are intended for use with the equipment or any part,
including updates to documentation, parts, embedded software, firmware, or
tools.
(3) NEITHER an original equipment manufacturer".
Amendment No. 6(L.030), by Senator Pelton B.
Amend reengrossed bill, page 2, line 7, after "(1.7)," insert "(3.2),".
Page 4, after line 25 insert:
"(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) "EMBEDED 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".".
Page 5, line 3, after "embedded software," insert "EMBEDDED SOFTWARE FOR
AGRICULTURAL EQUIPMENT,".
Page 6, strike lines 3 through 6 and substitute:
"SECTION 3. In Colorado Revised Statutes, 6-1-1503, amend (1),
(2)(a)(II), (2)(b)(II), (3)(a), and (3)(c) as follows:
6-1-1503. Equipment manufacturer obligations regarding services
- exemptions. (1) Except as provided in subsection (2) of this section:
(a) For the purpose of providing services for equipment in the state, an
original equipment manufacturer shall, with fair and reasonable terms and costs,
make available to an independent repair provider or owner of the manufacturer's
equipment any documentation, parts, embedded software, EMBEDDED
SOFTWARE FOR AGRICULTURAL EQUIPMENT, firmware, or tools that are intended
for use with the equipment or any part, including updates to documentation,
parts, embedded software, EMBEDDED SOFTWARE FOR AGRICULTURAL
EQUIPMENT, firmware, or tools.
(b) With respect to equipment that contains an electronic security lock
or other security-related function, a manufacturer shall, with fair and reasonable
terms and costs, make available to independent repair providers and owners any
documentation, parts, embedded software, EMBEDDED SOFTWARE FOR
AGRICULTURAL EQUIPMENT, firmware, or tools needed to reset the lock or
function when disabled in the course of providing services. The manufacturer
may make the documentation, parts, embedded software, EMBEDDED SOFTWARE
FOR AGRICULTURAL EQUIPMENT, firmware, or tools available to independent
repair providers and owners through appropriate secure release systems.
(2) (a) Subsection (1) of this section does not apply to:
(II) Conduct that would require the manufacturer to divulge a trade
secret; except that a manufacturer shall not refuse to make available to an
independent repair provider or owner any documentation, part, embedded
software, EMBEDDED SOFTWARE FOR AGRICULTURAL EQUIPMENT, firmware, or
tool necessary to provide services on grounds that the documentation, part,
embedded software, EMBEDDED SOFTWARE FOR AGRICULTURAL EQUIPMENT,
firmware, or tool itself is a trade secret.
(b) (II) A manufacturer may withhold information regarding a
component of, design of, functionality of, or process of developing a part,
embedded software, EMBEDDED SOFTWARE FOR AGRICULTURAL EQUIPMENT,
firmware, or a tool if the information is a trade secret and the usability of the
part, embedded software, EMBEDDED SOFTWARE FOR AGRICULTURAL
EQUIPMENT, firmware, or tool for the purpose of providing services is not
diminished.
(3) NEITHER an original equipment manufacturer".
After "EMBEDDED SOFTWARE," insert "EMBEDDED SOFTWARE FOR
AGRICULTURAL EQUIPMENT," on Page 5, lines 22 and 26; and Page 6, line 2.
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, March 16
HB23-1011 by Representative(s) Titone and Weinberg; also Senator(s) Hinrichsen and Marchman--
Concerning a requirement that an agricultural equipment manufacturer facilitate the repair
of its equipment by providing certain other persons with the resources needed to repair the
manufacturer's agricultural equipment.
A majority of those elected to the Senate having voted in the affirmative, Senator
Hinrichsen was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.032), by Senator Hinrichsen.
Amend revised bill, page 2, line 7, strike "(5)(a)(II)" and substitute "(5)(a)(II),".
Page 2, strike line 8 and substitute "(5)(e) as follows:".
Page 5, line 9, strike ""EMBEDED" and substitute ""EMBEDDED".
Page 6, line 3, strike "SUBSECTION (5) OF THIS SECTION" and substitute "THIS
SUBSECTION (5)".
Page 6, line 24, after "(2)(b)(II)," insert "(3) introductory portion,".
Page 9, strike line 22 and substitute "TO ANY DOCUMENTATION, INCLUDING
DATA, TOOLS, OR EMBEDDED SOFTWARE FOR AGRICULTURAL EQUIPMENT
NECESSARY FOR THE".
Page 9, line 24, after "DOCUMENTATION," insert "INCLUDING DATA,".
Page 9, line 25, strike "SOFTWARE" and substitute "EMBEDDED SOFTWARE FOR
AGRICULTURAL EQUIPMENT".
After "documentation," insert "INCLUDING DATA," on: Page 7, lines 4, 7, 13, 16,
23, and 26.
The amendment was passed on the following roll call vote: