As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-TIBERI-SCHULER-AMSTUTZ- OPFER 12
_________________________________________________________________ 13
A B I L L
To amend sections 1547.052 and 4517.03 of the 15
Revised Code to provide that a place of business 17
that is used for selling, displaying, offering
for sale, or dealing in motor vehicles by a 18
licensed motor vehicle dealer shall be considered
as used exclusively for those purposes even 19
though watercraft and related products or, in the 20
case of a licensed new motor vehicle dealer,
products manufactured or distributed by a motor 21
vehicle manufacturer with which the new motor 23
vehicle dealer has a franchise agreement, are
sold or displayed there and to require a person 25
who leases, hires, or rents a powercraft powered 26
by more than ten horsepower to sign a statement,
rather than an affidavit, that the person has 28
successfully completed an approved safe boater
course or a proficiency examination. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 1547.052 and 4517.03 of the 33
Revised Code be amended to read as follows: 35
Sec. 1547.052. (A) No rental business shall lease, hire, 45
or rent a powercraft powered by more than ten horsepower for 46
operation on the waters in this state to a person born on or 47
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after January 1, 1982, unless the person meets one of the 48
following requirements: 49
(1) The person signs an affidavit A STATEMENT ON THE 51
RENTAL AGREEMENT OR ATTACHED TO THE RENTAL AGREEMENT that the 52
person has successfully completed a safe boater course approved 53
by the national association of state boating law administrators 54
or has successfully completed a proficiency examination as 55
provided in section 1547.05 of the Revised Code. 57
(2) The person receives educational materials from the 59
rental business and successfully passes, with a score of ninety 60
per cent or better, an abbreviated examination given by the 61
rental business. The achievement of a passing score on the 62
examination shall be indicated on or attached to the powercraft 63
rental agreement. 64
(B) Any person born on or after January 1, 1982, operating 68
or supervising the operation of a leased, hired, or rented 69
powercraft shall:
(1) Meet the requirements for boater education of division 72
(A) of this section. 73
(2) Be named as an operator on the agreement that leases, 75
hires, or rents the powercraft. 76
(C) The division of watercraft shall make available to all 79
watercraft rental businesses in Ohio boater safety educational 81
materials and an abbreviated examination that shall be used by 82
the watercraft rental business for the purposes of division 83
(A)(2) of this section. 84
Sec. 4517.03. (A) A place of business that is used for 93
selling, displaying, offering for sale, or dealing in motor 94
vehicles shall be considered as used exclusively for those 95
purposes even though snowmobiles, all-purpose vehicles, or farm 96
machinery is, WATERCRAFT AND RELATED PRODUCTS, OR PRODUCTS 97
MANUFACTURED OR DISTRIBUTED BY A MOTOR VEHICLE MANUFACTURER WITH 98
WHICH THE MOTOR VEHICLE DEALER HAS A FRANCHISE AGREEMENT ARE sold 100
or displayed there, or if repair, accessory, gasoline and oil, 102
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storage, parts, service, or paint departments are maintained 104
there, or such products or services are provided there, if the 105
departments are operated or the products or services are provided 107
for the business of selling, displaying, offering for sale, or 108
dealing in motor vehicles. Places of business or departments in 109
a place of business used to dismantle, salvage, or rebuild motor 110
vehicles by means of using used parts, are not considered as 111
being maintained for the purpose of assisting or furthering the 112
selling, displaying, offering for sale, or dealing in motor 113
vehicles. A place of business shall be considered as used 114
exclusively for selling, displaying, offering for sale, or
dealing in motor vehicles even though a business owned by a motor 116
vehicle leasing dealer as defined in section 4517.01 of the 117
Revised Code or a motor vehicle renting dealer as defined in 119
section 4549.65 of the Revised Code is located at the place of
business. 120
(B) No new motor vehicle dealer shall sell, display, offer 122
for sale, or deal in motor vehicles at any place except an 123
established place of business that is used exclusively for the 124
purpose of selling, displaying, offering for sale, or dealing in 125
motor vehicles. The place of business shall have space, under 127
roof, for the display of at least one new motor vehicle and 128
facilities and space therewith for the inspection, servicing, and 129
repair of at least one motor vehicle; except that a new motor 130
vehicle dealer selling manufactured or mobile homes is exempt 131
from the requirement that a place of business have space, under 132
roof, for the display of at least one new motor vehicle and 133
facilities and space for the inspection, servicing, and repair of 134
at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code 136
shall be construed as prohibiting the sale of a manufactured home 137
located in a manufactured home park by a licensed motor vehicle 138
dealer who is the owner of the manufactured home park. 139
(C) No used motor vehicle dealer shall sell, display, 141
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offer for sale, or deal in motor vehicles at any place except an 142
established place of business that is used exclusively for the 143
purpose of selling, displaying, offering for sale, or dealing in 144
motor vehicles. 145
(D) No motor vehicle leasing dealer shall make a motor 147
vehicle available for use by another, in the manner described in 148
division (M) of section 4517.01 of the Revised Code, at any place 149
except an established place of business that is used for leasing 150
motor vehicles; except that a motor vehicle leasing dealer who is 151
also a new motor vehicle dealer or used motor vehicle dealer may 152
lease motor vehicles at the same place of business at which the 153
dealer sells, offers for sale, or deals in new or used motor 154
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 156
renting dealer as defined in section 4549.65 of the Revised Code 157
shall sell a motor vehicle within ninety days after a certificate 158
of title to the motor vehicle is issued to the dealer, except 159
when a salvage certificate of title is issued to replace the 160
original certificate of title and except when a motor vehicle 161
leasing dealer sells a motor vehicle to another motor vehicle 162
leasing dealer at the end of a sublease pursuant to that 163
sublease.
(F) No distributor shall distribute new motor vehicles to 165
new motor vehicle dealers at any place except an established 166
place of business that is used exclusively for the purpose of 167
distributing new motor vehicles to new motor vehicle dealers; 168
except that a distributor who is also a new motor vehicle dealer 169
may distribute new motor vehicles at the same place of business 170
at which the distributor sells, displays, offers for sale, or 171
deals in new motor vehicles. 172
(G) No person, firm, or corporation that sells, displays, 174
or offers for sale tent-type fold-out camping trailers is subject 175
to the requirement that the person's, firm's, or corporation's 176
place of business be used exclusively for the purpose of selling, 178
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displaying, offering for sale, or dealing in motor vehicles. No 179
person, firm, or corporation that sells, displays, or offers for 180
sale tent-type fold-out camping trailers, trailers, or 181
semitrailers is subject to the requirement that the place of 183
business have space, under roof, for the display of at least one 184
new motor vehicle and facilities and space for the inspection, 185
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in 187
the business of brokering manufactured homes at any place except 189
an established place of business that is used exclusively for the 190
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 192
persons licensed under this chapter from making sales calls. 193
(J) AS USED IN THIS SECTION: 195
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS 197
IN SECTION 4517.01 OF THE REVISED CODE. 198
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS 200
IN SECTION 4549.65 OF THE REVISED CODE. 201
(3) "WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 203
1547.01 OF THE REVISED CODE.
Section 2. That existing sections 1547.052 and 4517.03 of 205
the Revised Code are hereby repealed. 207