Pub. 2 2020 Issue 6

https://www.nhada.com/blog/ unpacking-the-2020-election THE SECRETARY OF STATE'S OFFICE IN NEW HAMPSHIRE HAS OFFICIALLY CONCLUDED ALL RECOUNTS. ALTHOUGH THE VOTE TALLIES CHANGED BY A SMALL NUMBER, NO FINAL RESULTS WERE ALTERED. Executive Council In the unique to New Hampshire Executive Council, the Democrats have lost their 3-2 majority. The Republicans now have a 4-1 majority with the race between Councilor Pignatelli and former Councilor Wheeler finishing up a recount this week, and Councilor Wheeler was successful in his victory. Senate The Senate has flipped from a 14-10 Democrat majority to a 14-10 Republican majority. There will be some new faces in the Senate and some former Republican Senators who defeated incumbents and are returning to their seats. House The New Hampshire House had many Representatives whose races had recounts, with 400 seats that can be expected. Ultimately the NH House has flipped control from a Democratic majority to a Republican majority of 213-187. NHADA will now pay close attention to action in Concord as Senate and House leadership positions are solidified as well as policy committee leadership and membership is chosen. It also remains to be seen what the legislative session will look like due to COVID-19 concerns. There are space concerns, older building issues, and remote versus in-person public hearing discussions that are ongoing. Right to Repair: Action in Massachusetts In this election, our neighbors to the south in Massachu- setts have had a very public battle over a new version of the right to repair law. This initiative is focused on elec- tronic vehicle data to include digital and telematic infor- mation in vehicles. The question wound up being on the ballot and was known as ballot question one. The initiative was led by the Massachusetts Right to Repair Coalition and was opposed by many automobile manufacturers. With a 93% reported rate, the right to repair question passed by over 75% voting in favor of it. A summary of the ballot text was: This proposed law would require that motor vehicle owners and independent repair facilities be provided with expanded access to mechanical data related to vehicle maintenance and repair. What it will mean: Starting with the model year 2022, the proposed law would require manufacturers of motor vehicles sold in Mas- sachusetts to equip any such vehicles that use telematics systems with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application. With vehicle owner authorization, independent repair facilities (those not affiliated with a manufacturer) and independent dealerships would be able to retrieve mechanical data from and send commands to the vehicle for repair, maintenance, and diagnostic testing. The proposed law would require the Attorney Gen- eral to prepare a notice for prospective motor vehicle owners and lessees explaining telematics systems and the proposed law’s requirements concerning access to the vehicle’s mechanical data. Under the proposed law, Massachusetts dealers would have to provide prospec- tive owners with, and prospective owners would have to acknowledge receipt of, the notice before buying or leasing a vehicle. Failure to comply with these notice requirements would subject motor vehicle dealers to sanctions by the applica- ble licensing authority. Motor vehicle owners and indepen- dent repair facilities could enforce this law through state consumer protection laws and recover civil penalties for greater treble damages or $10,000 per violation. This is a Massachusetts-specific law, but as we saw in Massachusetts’s last right to repair battle, once it passes there — the horse is out of the barn, and the information is on the street everywhere. For questions on the election or these matters, contact me at dbennett@nhada.com. Bronze Partner ConvenientMD Urgent Care Urgent Care, Workers’ Comp, & Occupational Health ConvenientMD is New England’s leading provider of urgent care, occupational health services, and treatment of work-related injuries. ConvenientMD partners with employers by offering a comprehensive solution for cost effective employer services. For more information, please contact their employer services team at employerservices@convenientmd.com N E W H A M P S H I R E 17