NH Supreme Court Upholds 2013 Amendment Dealer Bill Of
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Marshall Jespersen Honored as TIME Magazine Dealer of the Year, p. 3 NH Supreme Court Upholds 2013 Amendment The Workers’ Compensation Trust DealerAuditors Bill Are of Coming,Rights, p.p. 8 3 ReiningAll-In-One In the Technician Consumer Inspection Financial Protection Bureau by License Rep. Frank Certifications Guinta, Sessions, p.5 p. 11 Three Ways to Kick-Start Your Wellness Plan, p.9 Dateline: NH a publication of the New Hampshire Automobile Dealers Association NHAEF Donates $15,000 to 2015-2016 NHADA OFFICERS Chairman Court Appointed Special Advocates Bill Gurney Vice Chairman Marcia “Marty” Sink, president Larry Foss and founder of Court Appointed Treasurer Special Advocates of NH (CASA), Ken Plante Secretary received a donation from the NH Roger Groux Automobile Dealers Association’s President education foundation for $15,000 Peter J. McNamara last week in Bow. The donation 2015-2016 NHADA DIRECTORS Chris Weiss, Immediate Past Chairman was half of the $30,000 raised Jake Aleksa, Independent Used Car last October at the third annual Marc Bourgeois, Franchised/Independent, At-Large Miles Cook, Franchised, At-Large Charity Night Preview, harbinger Chelsey Gaudet, Franchised of the 2015 NH Auto Show. The NHADA’s non-profit affiliate NH Automotive Don Goulet, Independent/Repair/Service, At-Large David Hammer, Franchised, At-Large Education Foundation (NHAEF) was beneficiary of the remaining funds. Marty Paul Holloway, Honorary thanked the association for including CASA in this event for the third year. In Mike Kopp, Franchised/Independent John “Jack” McDevitt Jr., Heavy Duty Trucks addition to the funds, which will be put to good use advocating for NH’s children Doug Miles, Franchised, At-Large in the court system, Marty said exposure of CASA’s mission and its needs during the George Mullin, Motorcycles event were equally important. See more pictures of the 2015 Charity Night Preview at NADA DIRECTOR http://on.fb.me/1SiGZFA. Pictured left to right: Mark Tulley of Tulley Automotive Dennis Gaudet Group and NHAEF president, Marty Sink of CASA and Peter McNamara, NHAEF * * * executive director and NHADA president. photo by Nat Stout This publication is designed to provide accurate and authoritative information in regard to the subject matters covered. In publishing this newsletter, neither the authors nor the publisher are engaged in rendering Inside This Issue legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services Benefits of a competent professional should be sought. Welcome to NHADA’s New Insurance Blog ....................................................5 Advertisements appearing in Three Ways to Kick-Start Your Personal Wellness Plan .....................................9 Dateline: NH do not indicate a specific endorsement by NHADA Events of the products or services unless NHADA the NHADA endorsement symbol ENDORSED NHADA Business Education Conference & Partner Expo ..............................8 appears with the advertisement. Feature Published monthly except in July in Bow, New Hampshire, by the New Hampshire Automobile Dealers Reining In the Consumer Financial Protection Bureau ....................................5 Association. Mailing address: P. O. Box 2337, Concord, Legal NH 03302-2337, 603-224-2369/800-852-3372. NH Supreme Court Upholds 2013 Amendment to RSA 357-C ......................3 STAFF Legislature Publisher Bill Gurney Editorial Director Peter J. McNamara The State House Floodgates Are Open ...........................................................16 Managing Editor Nathaniel Stout Loss Prevention Design and Layout Advertising Coordinator Lisa Lavoie Traincaster’s Online Training is a Hit ...............................................................6 Photographer Michael Rosenblum Learning the New OSHA Reporting Standards..............................................14 Workers’ Compensation ADVERTISING RATES The Initial Reporting Process Sets the Tone ....................................................11 Back Page: Color $1,000 NHADA WCT Shatters Record for Fewest Claims in its History ..................12 Full Page: Color $700 B&W $575 1/2 Page: Color $450 B&W $375 Claims Frequency Down, Severity Continues to Rise.....................................13 1/3 Page: Color $375 B&W $300 1/6 Page: Color $300 B&W $250 Monthly Statistics .........................................................................................18 www.nhada.com COVER: The NH Supreme Court building on a recent wintry afternoon — see NHADA President Pete McNamara’s article about the Court’s recent decision on John Deere’s challenge to the Dealer Bill of Rights on the next page. Cover design and photo by Chandler Ives page 2 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association NH Supreme Court Upholds 2013 Amendment to RSA 357-C, the NH Dealer Bill of Rights Peter McNamara, NHADA President arbitrary or irrational. The court quickly rejected s you may have read in local media, New that argument namely because such equipment AHampshire’s highest court has rejected an does not involve a fundamental right nor a suspect attempt by national equipment manufacturers, led class. The remaining issue is called the “dormant by John Deere, from overturning the state’s popular commerce clause.” As this argument was not really “Dealer Bill of Rights” (DBR) law after a nearly two- discussed at the lower court level, the Supreme year legal fight. The law, which passed in 2013 with Court has asked that the lower court examine overwhelming support from the NH General Court Peter McNamara it more closely. This argument is not likely to and Governor Maggie Hassan, has been upheld by the justices succeed as “dormant commerce clause” challenges have been of the NH Supreme Court. rejected by many other appellate courts when manufacturers The court’s rejection of the out-of-state manufacturer’s have challenged other states’ DBR laws. Throughout the attempts to quash competition and squeeze dealers out of opinion, the court made clear its deference to the NH business is a win for consumers and small businesses. John General Court’s legislative power. Deere’s constant strategy of intimidation failed There are a number of matters yet to be to sway the courts just like it failed in the The court’s rejection of the determined as of this writing. The primary NH House and Senate, which almost out-of-state manufacturer’s matter is the question of whether the unanimously endorsed adding equip- attempts to quash competition and DBR amendments related to equip- ment dealers to the long-standing the ment dealers are now actually in effect. squeeze dealers out of business is DBR law. Specifically, the court rejected Equipment manufacturers are attempt- a win for consumers and small the challenges based on the following US ing to continue the “stay”, or hold, on the businesses. and NH contracts clause and equal protection law through various court motions. These clause. should be rejected since two courts have now rejected Regarding the contracts clause, the court held that even their arguments. Deere is also claiming they will appeal the though the DBR amendments retroactively affected existing matter to the US Supreme Court. contracts, it was questionable whether the DBR amendments As new developments arise in this legal matter, NHADA will “substantially impaired” the contracts. More importantly, be sure to update its membership. even if there was “substantial impairment”, the legislature We sent news to you of the NH Supreme Court decision had a “significant and legitimate public purpose… to protect initially by email in a member alert on Tuesday, December equipment dealers and consumers from perceived abusive 29, 2016. See the announcement at bit.ly/1Kr1EzN. View and oppressive acts by manufacturers.” The court then cited NHADA’s press release on the news at bit.ly/1Kr1OHn. numerous other appellate court opinions, which upheld similar laws for similar pur- poses. Finally, the court concluded that “The provisions of RSA chapter 357-C, as applied to equipment manufacturers G through SB 126, reasonably accomplish the legislature’s goal….” O Roger Th errien The equal protection clause argument was based on the notion that placing L “NH nancial products and services” equipment like smaller tractors, riding For more information, please call Roger Th errien mowers, lawn motors and other sim- at 800-936-7730 ilar lawn and garden equipment into D the definition of “motor vehicle” was NHADA Association Partner February 2016 page 3 Dateline: NH a publication of the New Hampshire Automobile Dealers Association Breakthrough breakouts. Panel discussions on hot topics Interactive peer-to-peer sharing sessions Demonstrations with solutions providers Traditional workshops led by industry experts page 4 February 2016 #NADA2016 | nadaconvention.org Dateline: NH a publication of the New Hampshire Automobile Dealers Association Breakthrough breakouts. Reining In the Consumer Financial Protection Bureau Representative Frank Guinta (R-NH District 1) called “disparate impact,” and concealed Panel discussions on hot topics ether they meet with me at the inconvenient facts, which undermine its Wcapital in Washington, D.C., or argument, from public view. Interactive peer-to-peer sharing sessions at a Granite State roundtable, members Lacking solid evidence to regulate of the New Hampshire Auto Dealers the auto loan market, the CFPB turned Association usually have one thing on to back-room