Rotunda Roundup From Montana Farmers Union

The following is a weekly update of Montana Farmers Union involvement in the 2023 Legislature. MFU is the state’s largest and oldest grassroots farm advocacy organization representing family farms, and has worked more than 100 years on behalf of Montana farmers, ranchers and rural communities.

Montana Farmers Union this week continued to support two bills that would give farmers and ranchers the right to repair their own equipment.

House Bill 475, sponsored by Rep. Tom France, and SB 347, sponsored by Sen. Willis Curdy, were both heard simultaneously in their respective ag committees Tuesday.

Montana Farmers Union members have made right to repair for agricultural equipment a top priority for two sessions now and thank both France and Curdy for bringing these crucial bills forward.

Both the bills are about fair access to the software and tools necessary for farmers, ranchers, and independent repair providers. With the correct tools in hand and access to the necessary software, producers can repair their own agriculture equipment or have a choice in what repair shop they use, mitigating both time lags and expensive repairs.

Currently, farmers and ranchers are unable to fully repair equipment they own because of a deliberate lack of access to tools and software from equipment manufacturers. A monopoly on the repair market, which manufacturers currently have, significantly restricts the options farmers and ranchers have when it comes to repairing their equipment.

The services and parts agricultural equipment dealerships provide to Montana producers are invaluable. Nonetheless, Montana is a big state, and dealership consolidation and a limited number of authorized repair technicians during peak breakdown seasons have led to long wait times for expensive repairs – both of which add unnecessary stress and further strain on family farmers.

During Tuesday’s hearings, legislators heard why HB 475 and SB 347 are critical from MFU members, Montana Cattleman’s Association, Northern Plains Resource Council, and other right to repair advocates. Testimony included personal stories about the frustrations that farmers have experienced without the tools and software necessary to repair their own equipment.

While some equipment manufacturers have made limited trouble shooting tools and trainings available, the tools are not comprehensive, and producers must still pay a manufacturer approved technician to program new parts for equipment to return to full functionality.

The need for this legislation is clear and was further confirmed by a recent filing by the DOJ in support of farmers in their lawsuit claiming John Deere is deliberately designing tractors to require software tools and other dealership-only tools, which means that farmers and independent mechanics cannot troubleshoot and repair tractors.

In the court documents, the DOJ points out that there is an important role for competition in the markets of parts, manuals, and diagnostic tools and that Deere is violating ag equipment owners’ aftermarket rights.

Several different farm equipment dealerships from around the state, along with the Montana Farm Bureau Federation, the Montana Chamber of Commerce, and the Montana Auto Dealers opposed HB 475. Curdy’s SB 347 also faced stiff opposition from some of the same groups. Opponents testified that the bills would allow farmers and ranchers to illegally modify their equipment and leave dealers at risk of liability.

However, neither HB 475 nor SB 347 allow for illegal modifications. If it’s an illegal modification now, it would remain illegal upon the bill’s passage. It is also incorrect to say manufacturer tools facilitate anything but safety and emissions compliance.

Farmers just want to repair their equipment. These bills support family farmers and ranchers and keeps our farmers and their equipment moving in the field.

The House Agriculture Committee will be taking executive action on the HB 475 Tuesday, Feb. 28, and the Senate Ag Committee is expected to take executive action on SB 347 soon.

If you like being able to fully fix what you own, urge members of the Senate and House ag committees to support HB 475 and SB 347.

MFU also supported and opposed several other bills over the week. Go to https://montanafarmersunion.com/legislation/ for more details on MFU’s legislative work throughout the Legislative Session on behalf of Montana’s farmers, ranchers and rural communities.