As Reported by House Transportation and Public Safety Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 306 5
1999-2000 6
REPRESENTATIVES CAREY-BATEMAN-THOMAS-HARRIS-DAMSCHRODER- 8
EVANS-SULZER-PERRY-TERWILLEGER-VERICH-PRINGLE-CLANCY- 9
MOTTLEY-LOGAN-VESPER-PADGETT-HEALY-BUEHRER-JONES-SULLIVAN- 10
HOLLISTER-ROMAN-KREBS-BUCHY-PATTON 11
_________________________________________________________________ 12
A B I L L
To amend sections 1547.052 and 4517.03 of the 14
Revised Code to provide that a place of business 16
that is used for selling, displaying, offering
for sale, or dealing in motor vehicles by a 17
licensed motor vehicle dealer shall be considered
as used exclusively for those purposes even 18
though watercraft and related products or, in the 19
case of a licensed new motor vehicle dealer,
products manufactured or distributed by a motor 20
vehicle manufacturer with which the new motor 22
vehicle dealer has a franchise agreement, are
sold or displayed there and to require a person 24
who leases, hires, or rents a powercraft powered 25
by more than ten horsepower to sign a statement,
rather than an affidavit, that the person has 27
successfully completed an approved safe boater
course or a proficiency examination. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 1547.052 and 4517.03 of the 32
Revised Code be amended to read as follows: 34
Sec. 1547.052. (A) No rental business shall lease, hire, 44
or rent a powercraft powered by more than ten horsepower for 45
operation on the waters in this state to a person born on or 46
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after January 1, 1982, unless the person meets one of the 47
following requirements: 48
(1) The person signs an affidavit A STATEMENT ON THE 50
RENTAL AGREEMENT OR ATTACHED TO THE RENTAL AGREEMENT that the 51
person has successfully completed a safe boater course approved 52
by the national association of state boating law administrators 53
or has successfully completed a proficiency examination as 54
provided in section 1547.05 of the Revised Code. 56
(2) The person receives educational materials from the 58
rental business and successfully passes, with a score of ninety 59
per cent or better, an abbreviated examination given by the 60
rental business. The achievement of a passing score on the 61
examination shall be indicated on or attached to the powercraft 62
rental agreement. 63
(B) Any person born on or after January 1, 1982, operating 67
or supervising the operation of a leased, hired, or rented 68
powercraft shall:
(1) Meet the requirements for boater education of division 71
(A) of this section. 72
(2) Be named as an operator on the agreement that leases, 74
hires, or rents the powercraft. 75
(C) The division of watercraft shall make available to all 78
watercraft rental businesses in Ohio boater safety educational 80
materials and an abbreviated examination that shall be used by 81
the watercraft rental business for the purposes of division 82
(A)(2) of this section. 83
Sec. 4517.03. (A) A place of business that is used for 92
selling, displaying, offering for sale, or dealing in motor 93
vehicles shall be considered as used exclusively for those 94
purposes even though snowmobiles, all-purpose vehicles, or farm 95
machinery is, WATERCRAFT AND RELATED PRODUCTS, OR PRODUCTS 96
MANUFACTURED OR DISTRIBUTED BY A MOTOR VEHICLE MANUFACTURER WITH 97
WHICH THE MOTOR VEHICLE DEALER HAS A FRANCHISE AGREEMENT ARE sold 99
or displayed there, or if repair, accessory, gasoline and oil, 101
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storage, parts, service, or paint departments are maintained 103
there, or such products or services are provided there, if the 104
departments are operated or the products or services are provided 106
for the business of selling, displaying, offering for sale, or 107
dealing in motor vehicles. Places of business or departments in 108
a place of business used to dismantle, salvage, or rebuild motor 109
vehicles by means of using used parts, are not considered as 110
being maintained for the purpose of assisting or furthering the 111
selling, displaying, offering for sale, or dealing in motor 112
vehicles. A place of business shall be considered as used 113
exclusively for selling, displaying, offering for sale, or
dealing in motor vehicles even though a business owned by a motor 115
vehicle leasing dealer as defined in section 4517.01 of the 116
Revised Code or a motor vehicle renting dealer as defined in 118
section 4549.65 of the Revised Code is located at the place of
business. 119
(B) No new motor vehicle dealer shall sell, display, offer 121
for sale, or deal in motor vehicles at any place except an 122
established place of business that is used exclusively for the 123
purpose of selling, displaying, offering for sale, or dealing in 124
motor vehicles. The place of business shall have space, under 126
roof, for the display of at least one new motor vehicle and 127
facilities and space therewith for the inspection, servicing, and 128
repair of at least one motor vehicle; except that a new motor 129
vehicle dealer selling manufactured or mobile homes is exempt 130
from the requirement that a place of business have space, under 131
roof, for the display of at least one new motor vehicle and 132
facilities and space for the inspection, servicing, and repair of 133
at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code 135
shall be construed as prohibiting the sale of a manufactured home 136
located in a manufactured home park by a licensed motor vehicle 137
dealer who is the owner of the manufactured home park. 138
(C) No used motor vehicle dealer shall sell, display, 140
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offer for sale, or deal in motor vehicles at any place except an 141
established place of business that is used exclusively for the 142
purpose of selling, displaying, offering for sale, or dealing in 143
motor vehicles. 144
(D) No motor vehicle leasing dealer shall make a motor 146
vehicle available for use by another, in the manner described in 147
division (M) of section 4517.01 of the Revised Code, at any place 148
except an established place of business that is used for leasing 149
motor vehicles; except that a motor vehicle leasing dealer who is 150
also a new motor vehicle dealer or used motor vehicle dealer may 151
lease motor vehicles at the same place of business at which the 152
dealer sells, offers for sale, or deals in new or used motor 153
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 155
renting dealer as defined in section 4549.65 of the Revised Code 156
shall sell a motor vehicle within ninety days after a certificate 157
of title to the motor vehicle is issued to the dealer, except 158
when a salvage certificate of title is issued to replace the 159
original certificate of title and except when a motor vehicle 160
leasing dealer sells a motor vehicle to another motor vehicle 161
leasing dealer at the end of a sublease pursuant to that 162
sublease.
(F) No distributor shall distribute new motor vehicles to 164
new motor vehicle dealers at any place except an established 165
place of business that is used exclusively for the purpose of 166
distributing new motor vehicles to new motor vehicle dealers; 167
except that a distributor who is also a new motor vehicle dealer 168
may distribute new motor vehicles at the same place of business 169
at which the distributor sells, displays, offers for sale, or 170
deals in new motor vehicles. 171
(G) No person, firm, or corporation that sells, displays, 173
or offers for sale tent-type fold-out camping trailers is subject 174
to the requirement that the person's, firm's, or corporation's 175
place of business be used exclusively for the purpose of selling, 177
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displaying, offering for sale, or dealing in motor vehicles. No 178
person, firm, or corporation that sells, displays, or offers for 179
sale tent-type fold-out camping trailers, trailers, or 180
semitrailers is subject to the requirement that the place of 182
business have space, under roof, for the display of at least one 183
new motor vehicle and facilities and space for the inspection, 184
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in 186
the business of brokering manufactured homes at any place except 188
an established place of business that is used exclusively for the 189
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 191
persons licensed under this chapter from making sales calls. 192
(J) AS USED IN THIS SECTION: 194
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS 196
IN SECTION 4517.01 OF THE REVISED CODE. 197
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS 199
IN SECTION 4549.65 OF THE REVISED CODE. 200
(3) WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 1547.01 202
OF THE REVISED CODE.
Section 2. That existing sections 1547.052 and 4517.03 of 204
the Revised Code is hereby repealed. 206