2012 Massachusetts Question 1 Explained

Massachusetts Question 1 (2012)
Right to Repair Initiative
Location:	Massachusetts
Yes:	2,332,438
No:	393,625
Total:	2,726,063
Mapcaption:	Yes No

The Massachusetts "Right to Repair" Initiative (2012), also known as Question 1, appeared on the Massachusetts 2012 general election ballot as an initiated state statute. The Right to Repair proposal was to require vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers' Massachusetts dealers and authorized repair facilities.^{[1] [2]} The initiative passed with overwhelming voter support on November 6, 2012, with 86% for and 14% against.^[3] The measure, originally filed four times with the Massachusetts Attorney General, was filed by Arthur W. Kinsman, and was assigned initiative numbers 11–17.

In early 2019 the Massachusetts Legislature submitted bills advocating change to close loopholes associated with wireless transmission of diagnostic information.^[4] Advocates supporting an update to the Massachusetts Right to Repair law have announced that the required signatures have been gathered to place Right to Repair on the November 3, 2020 ballot.^[5]

Legislative history

2012 measure

On the last day of the session, July 31, 2012, a legislative compromise was agreed to and H. 4362 passed. Despite the law going into effect, Question 1 remained on the ballot due to timing issues. Supporters and opponents of Question 1 had originally both stated that they would launch a campaign, together, to educate voters to vote "no" on the ballot measure in November, since the compromise was reached.^[6] However, The Massachusetts Right to Repair Committee decided that voters wanted the more stringent ballot initiative rather than the compromise legislation and were joined by AAA of Pioneer Valley in West Springfield and AAA of Southern New England in Providence in urging voters to vote YES on the initiative.^[7] After the ballot measure passed, the legislature passed H. 3757 to reconcile the two; this was signed by the governor on November 26, 2013.

The Summary of the measure as it appeared on the ballot reads as follows:^[8]

As with any other law, the "Summary" has no legal effect; only the full text has legal effect. The full text appears here.

Positions

Support

The following is information obtained from the supporting side of the measure:

• The main proponents of the measure, and the group that organized the petition drive, is the Right to Repair Coalition (2012).
• The primary goal, according to advocates, was to expand consumer choice with respect to service centers, and increase number of independent shops that have the ability to repair vehicles.
• During a legislative hearing on the measure, Ray Magliozzi, co-host of Car Talk, testified in favor of the legislation: "This legislation protects consumer choice and levels the playing field for independent repair shops. Right now, many repairers do not have access to the information and the customer pays big for that disadvantage.
• State Representative Daniel Winslow stated at the same hearing that the measure should be passed by the legislature and not sent to the ballot, stating: "This legislation is about protecting customer choice, promoting safety, and saving consumers time and money. Consumers are enduring expensive dealership costs and the legislature has the ability to bring relief now. They need to act."

Opponents

Opponents claimed repair shops could already access the data to proprietary information they need and categorized the ballot proposal as a "power grab" by after-market parts manufacturers to "seize" proprietary information.^[9]

Aftermath

2020 ballot measure

See main article: Massachusetts Right to Repair Initiative (2020). In 2019, new legislation was filed by both members of the Massachusetts House of Representatives and the State Senate to update the original law. This legislation updates the law to include wireless technology and "telematic" information.^[4] The Massachusetts Coalition for Right to Repair has re-opened and the coalition has been active with the new legislation.

The Massachusetts Right to Repair Coalition has run TV ads and a media campaign discussing the need for a change of the law.^[10]

On August 6, 2019, the Massachusetts Right to Repair Coalition filed paperwork with the Massachusetts Attorney General's office to have a question placed on the 2020 ballot to include telematics.^[11] The referendum passed with 74.97% of the vote.

See also

• Massachusetts Right to Repair Initiative (2020)
• 2012 Massachusetts Ballot Measures
• Direct Democracy in Massachusetts

Notes and References

1. http://www.sacbee.com/2011/09/14/3910068/consumers-to-drive-2012-massachusetts.html The Sacramento Bee, "Consumers to Drive 2012 Massachusetts Right to Repair Vote", September 14, 2011
2. Web site: Massachusetts Secretary of State, "Current Petitions Filed", Retrieved August 8, 2011 . September 14, 2012 . July 30, 2016 . https://web.archive.org/web/20160730065003/http://www.mass.gov/ago/government-resources/initiatives-and-other-ballot-questions/current-petitions-filed.html . live .
3. News: Right to Repair Question 1 – 2012 Massachusetts Election Results . . November 8, 2012 . November 10, 2012 . November 9, 2012 . https://web.archive.org/web/20121109225048/http://www.boston.com/news/special/politics/2012/general/mass-ballot-question-1-election-results-2012.html . dead .
4. Web site: Bill SD.1808. malegislature.gov. 2019-02-21. 2019-02-22. https://web.archive.org/web/20190222012645/https://malegislature.gov/Bills/191/SD1808. live.
5. Web site: Mass. Advocates announce 102K signatures to get 'Right to Repair' update on 2020 ballot. 5 December 2019. 9 December 2019. 9 December 2019. https://web.archive.org/web/20191209191710/https://www.repairerdrivennews.com/2019/12/05/mass-advocates-announce-102k-signatures-to-get-right-to-repair-update-on-2020-ballot/. live.
6. Web site: CBS News, "Mass. 'Right to Repair' compromise signed into law", August 7, 2012. .
7. http://www.masslive.com/politics/index.ssf/2012/10/massachusetts_right_to_repair.html Massachusetts 'right to repair' ballot question, No. 1, could force auto makers to share data
8. Web site: Massachusetts Secretary of State, "2012 Information For Voters", Retrieved September 14, 2012 . September 14, 2012 . September 12, 2012 . https://web.archive.org/web/20120912201016/http://www.sec.state.ma.us/ele/ele12/ballot_questions_12/quest_1.htm . live .
9. Web site: Daily News Transcript, "Attention and lobbying shifts to house on auto repair issue", May 22, 2012.
10. Web site: Media. 2019-07-30. 2019-07-30. https://web.archive.org/web/20190730185854/https://massrighttorepair.org/media.html. live.
11. Web site: Updated 'right to repair' measure among proposed ballot questions. 2019-08-06. 2019-08-06. https://web.archive.org/web/20190806200703/https://www.gazettenet.com/Updated-right-to-repair-measure-among-proposed-questions-27534679. live.