Thread by @uptakemn

Now livetweeting House Judiciary Finance and Civil Law Committee, MN House of Representatives. Taking roll call.

Now discussing HF1156 (Rep Peter Fischer): Digital fair repair provided and penalties provided.

Rep Fischer - some manufacturers make sure parts are available but not all. This bill will help get parts/manuals or repairs directly to customers whether they're Minnesota farmers or schools (technology, laptops, ipads with parts that need quick repairs, etc). #hf1156

Example of car dealerships. Concern that availability of parts and manuals would impact authorized dealerships negatively. Not true, what I see is more options would allow customers more places to get their parts and technology repaired. -Fischer (paraphrased, not direct quote)

Testimonies now. Starting with a pre-recorded video testimony from Attorney General Keith Ellison.

AG support HF1156 and if passed his office will help enforce it.

Manufacturers limit where and when, and by whom you can get tech repaired, makes life tough. Customers ask: If it's my device, shouldn't I be the one who decides where to take it to get it repaired?

Manufacturers restrict access to manuals, supply chains, tools, parts and limit consumer choice to exclusive authorized repair outlets who control when and where repairs are made. This hurts Minnesotans everywhere. -AG Ellison

"The bill does not harm manufacturers or expose trade secrets." #hf1156 AG Ellison

Next testifier: Matthew Larsgaard, opposing the bill, represents the Pioneer Equipment Dealers Association. Concerned this bill will create liability exposure for dealerships bc will create access to unavailable machine software or illegal/dangerous equipment modification

Next testifier - Tyler Diers - representing TechNet. Testifying against the bill. Potential legal issues, contract law issues, could interfere with existing contracts.

Next testimony from Dustin Brighton, Repair Done Right Coalition, also in opposition of HF1156.

"this bill has questions on protections for intellectual property, possible litigation that need to be considered."

cont. The Vermont attorney general issued a report acknowledging legal questions to this type of legislation if it were to pass.

Testimony from: Gay Gordon-Byrne, ED of the Repair association Repair.org . Response to prior questions about legal problems: the only requirement of bill is that manufacturer make available to consumer what they already make available to authorized repair providers.

"Will not expose trade secrets, no impact on copyright law bc that's federal and the states are not messing with federal law."

Amanda LaGrange - Tech Dump and Tech Discounts
We support HF1156. We've been in business over 10 years, processed over 35 million lbs of electronics. We believe AG KE is well positioned to enforce this bill.

This is a great job creator esp in our field.

We process 4 million LBS of tech a year but only 10% can be refurbished b/c of how difficult and expensive it is to access repair manuals. We could do more to access those materials with this bill.

Now testifying: Emily Barker from ReUSE Minnesota. Our respondents support right to digital repair in MN. Some manufacturers make access to parts and diagnostic equipment difficult. Creates monopoly on repair. Negatively affects independent repair businesses.

John Helmers - ED Solid Waste Administrators Association of MN (SWAA) - supports #hf1156.

We think that office (attorney general) is best suited to enforce this bill.

This bill helps reduce electronic waste and costs associated with cleaning up electronic waste which burdens counties and consumers.

Corey Donovan - Alta Technologies, supports this bill to have more access to parts and reduce landfill waste. "we're asking for a more reasonable marketplace"

Now testifying: Stuart Lourey - MN Farmers Union - strong support to ensure farmers can fix their own equipment. Union members have equipment they purchased, should be able to maintain it. This bill protects consumers. Believe AG Ellison's office is well positioned for this.

Testifying now: Laura Horner - Chair of Assoc of Recycling managers. Repairing electronics requires specs and parts. Manufacturers make it difficult for technicians to fix their products which leaves consumers with few options other than buying new.

Testimonies complete. Open to questions and discussion.

Rep. Novotny - is the bill author worried about MN becoming a technology desert?

Fischer - in some areas we already have a desert to get your digital equipment repaired so let's try to address that.

Rep Novotny - how will we do this enforcement of manufacturing? How does AG office plan on enforcing?

Assistant AG Elizabeth Odette - we'd enforce in MN. Manufacturers sell product in MN and we can obtain jurisdiction over those companies where repairs happen in MN.

Rep. Brian Johnson (R) - I understand why you bring this bill forward. My concern is with liability. If there's an issue after attempted device repair, who would be responsible for damage or liability if something should happen, for example if someone is killed by an accident?

Testifier Gay Gordon-Byrne of the Repair Association: Nothing changes about liability. Nothing in the manufacturer contracts change.

Rep Peggy Scott - what would this bill do with existing authorized repair agreements?

Gordon-Byrne: it does nothing. These are private agreements, the bill does not interfere with them. People who are authorized to repair Apple equipment will still be able to .

Rep Scott: I'm concerned it's a breach of contract by adding a 3rd party into the equation. Concern this would break the contract, are you concerned about that?

Rep Fischer: Due to date of enforcement, it would not have an impact on any existing agreements.

Gordon-Byrne: the agreements you're concerned about are private. Having a franchise doesn't guarantee there's a stature that impacts those agreements. It's within the legislature they can decide if they want those agreements -- those agreements are allowing monopolies.

Moved to vote. Majority ayes. HF1156 is on its way to the general register.

Now going through Fourth Amendment and Search Warrant information presentation by Legislative analyst (Ben Johnson), MN House Research Department

Vice Chair Kelly Moller - person applying for search warrant is an officer. When it's an alleged an officer lies in a search warrant, what is the Frank's Hearing standards?

Ben Johnon Leg analyst - there's a full informal hearing in front a judge. Officers found to have lied go on a do not call list with prosecutors. Any future testimony they give is looked at with suspicion.

Chair - we're not moving this bill today, we're just grounding in the law. We'll fully vet and discuss this bill in the committee.

Rep Peggy Scott (R) - Are any court decisions right now that involve a law enforcement's access to a person's computer or phone, a warrant would be needed. Are there any court cases, decisions made regarding that?

Ben Johnson - yes, multiple. There needs to be a search warrant and whether that warrant can force someone to provide a fingerprint to unlock the phone... Nuanced decisions about how much they can be forced. But you do need a search warrant to search a phone bc it's private.

Rep Scott - so is it already assumed a warrant is needed so an amendment would be redundant?

Johnson - there are foundational protections but those may also have exceptions. It's within the legislature to be able to pass laws that would increase protections if needed.

Rep Matt Grossell (R) - Search warrant isn't handed out like candy. You screw up on a search warrant, you misrepresent anything on that warrant, it could be a career ender and you'll be devoured on the stand. Everything you do after that will be called into question.

Rep Johnson (R) - If an officer doesn't do search warrant process properly that's the end of their career. It's not taken lightly. Once their credibility is gone their career is gone.

We will give Rep Hollins bill the time it needs, need time to fully vet things. Today was just to learn and ground us in the law. -Chair Becker-Finn

Meeting adjourned.