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Summary of Question 1
This proposed law would prohibit any motor vehicle manufacturer, starting with model year 2015, from selling or leasing, either directly or through a dealer, a new motor vehicle without allowing the owner to have access to the same diagnostic and repair information made available to the manufacturer's dealers and in-state authorized repair facilities. The manufacturer would have to allow the owner, or the owner's designated in-state independent repair facility (one not affiliated with a manufacturer or its authorized dealers), to obtain diagnostic and repair information electronically, on an hourly, daily, monthly, or yearly subscription basis, for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities. The manufacturer would have to provide access to the information through a non-proprietary vehicle interface, using a standard applied in federal emissions-control regulations. Such information would have to include the same content, and be in the same form and accessible in the same manner, as is provided to the manufacturer's dealers and authorized repair facilities. For vehicles manufactured from 2002 through model year 2014, the proposed law would require a manufacturer of motor vehicles sold in Massachusetts to make available for purchase, by vehicle owners and in-state independent repair facilities, the same diagnostic and repair information that the manufacturer makes available through an electronic system to its dealers and in-state authorized repair facilities. Manufacturers would have to make such information available in the same form and manner, and to the same extent, as they do for dealers and authorized repair facilities. The information would be available for purchase on an hourly, daily, monthly, or yearly subscription basis, for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities. For vehicles manufactured from 2002 through model year 2014, the proposed law would also require manufacturers to make available for purchase, by vehicle owners and in-state independent repair facilities, all diagnostic repair tools, incorporating the same diagnostic, repair and wireless capabilities as those available to dealers and authorized repair facilities. Such tools would have to be made available for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities. For all years covered by the proposed law, the required diagnostic and repair information would not include the information necessary to reset a vehicle immobilizer, an anti-theft device that prevents a vehicle from being started unless the correct key code is present. Such information would have to be made available to dealers, repair facilities, and owners through a separate, secure data release system. The proposed law would not require a manufacturer to reveal a trade secret and would not interfere with any agreement made by a manufacturer, dealer, or authorized repair facility that is in force on the effective date of the proposed law. Starting January 1, 2013, the proposed law would prohibit any agreement that waives or limits a manufacturer's compliance with the proposed law. Any violation of the proposed law would be treated as a violation of existing state consumer protection and unfair trade-practices laws.

2012 - Berkshire County - Question 1Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 1, 2012?

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Berkshire County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
43,051
13,325
8,456 64,832
Adams More »
 
2,589
917
425
3,931
Alford
 
234
57
15
306
Becket
 
659
141
175
975
Cheshire
 
1,224
413
124
1,761
Clarksburg
 
620
207
38
865
Dalton More »
 
2,152
744
521
3,417
Egremont
 
632
143
69
844
Florida
 
278
83
32
393
Great Barrington More »
 
2,514
560
547
3,621
Hancock
 
271
88
24
383
Hinsdale
 
768
240
59
1,067
Lanesborough
 
987
364
261
1,612
Lee
 
1,897
610
493
3,000
Lenox
 
1,932
696
451
3,079
Monterey
 
409
87
40
536
Mount Washington
 
94
8
8
110
New Ashford
 
105
42
8
155
New Marlborough
 
647
144
51
842
N. Adams More »
 
3,849
1,128
834
5,811
Otis
 
612
116
106
834
Peru
 
357
97
21
475
Pittsfield More »
 
12,775
4,310
3,098
20,183
Richmond
 
597
231
117
945
Sandisfield
 
348
89
24
461
Savoy
 
273
74
12
359
Sheffield
 
1,343
362
137
1,842
Stockbridge
 
804
229
184
1,217
Tyringham
 
179
67
15
261
Washington
 
237
68
15
320
W. Stockbridge
 
649
177
63
889
Williamstown More »
 
2,634
702
474
3,810
Windsor
 
382
131
15
528
County Totals
43,051
13,325
8,456 64,832