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           

                                                          2      


                                                                 
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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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