H. B. No. 181 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 181

Representative Phillips

Cosponsors: Representatives Murray, Letson, Book, Ujvagi, Okey, Domenick

A BILL

To amend section 4517.22 of the Revised Code to allow

the sale of all-purpose vehicles at an outdoor

show held annually on the campus of a technical

college that is not co-located with another

institution of higher education notwithstanding

the restrictions on motor vehicle shows.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4517.22 of the Revised Code be	7
amended to read as follows:	8

Sec. 4517.22. (A) Any group of licensed new motor vehicle	9
dealers may display motor vehicles at a motor vehicle show within	10
the general market area allocated to a licensed new motor vehicle	11
dealer, whenever all of the following conditions are met:	12

(1) The primary purpose of the motor vehicle show is the	13
exhibition of competitive makes and models of motor vehicles to	14
provide the general public the opportunity to review and inspect	15
various makes and models of motor vehicles at a single location;	16

(2) Not less than thirty days before the planned opening date	17
of the motor vehicle show, the group requests and receives	18
permission to hold the show from the registrar of motor vehicles.	19

(B) No contracts shall be signed, deposits taken, or sales	20
consummated at the location of a motor vehicle show.	21

(C) Any sponsor of a motor vehicle show shall offer by mail	22
an invitation to all new motor vehicle dealers dealing in	23
competitive types of motor vehicles in the general market area to	24
participate and display motor vehicles in the show. The sponsor	25
may offer a similar invitation to manufacturers or distributors. A	26
copy of each invitation shall be retained by the sponsor for at	27
least one year after the show.	28

(D) No person except a manufacturer or distributor shall hold	29
in any public place a motor vehicle show at which only one motor	30
vehicle is displayed, and no such single unit show shall be held	31
unless the manufacturer or distributor requests and receives	32
permission from the registrar not less than thirty days before the	33
show.	34

(E) The registrar shall not grant permission for any motor	35
vehicle show to be held, unless it is proven to the registrar's	36
satisfaction that no attempt is being made to circumvent the	37
provisions of sections 4517.01 to 4517.45 of the Revised Code.	38

(F) Nothing contained in this section shall be construed as	39
prohibiting the taking of orders for nonmotorized recreational	40
vehicles as defined in section 4501.01 of the Revised Code at	41
sports or camping shows.	42

(G) No motor vehicle dealer, motor vehicle leasing dealer,	43
motor vehicle auction owner, or distributor licensed under	44
sections 4517.01 to 4517.45 of the Revised Code shall display a	45
motor vehicle at any place except the dealer's, owner's, or	46
distributor's licensed location, unless the dealer, owner, or	47
distributor first obtains permission from the registrar and	48
complies with the applicable rules of the motor vehicle dealers	49
board.	50

(H) Nothing contained in this section shall be construed as	51
prohibiting the display of, the taking of orders for, or the sale	52
of, livestock trailers at livestock and agricultural shows,	53
including county fairs. Notwithstanding section 4517.03 of the	54
Revised Code, livestock trailers may be sold at livestock and	55
agricultural shows, including county fairs, as permitted by this	56
division.	57

As used in this division, "livestock trailer" means a new or	58
used trailer designed by its manufacturer to be used to transport	59
horses or to transport animals generally used for food or in the	60
production of food, including cattle, sheep, goats, rabbits,	61
poultry, swine, and any other animals included by the director of	62
agriculture in rules adopted under section 901.72 of the Revised	63
Code.	64

(I) Notwithstanding division (B) of this section, contracts	65
may be signed, deposits taken, and sales consummated at the	66
location of a motor vehicle show where the motor vehicles involved	67
are horse trailers or towing vehicles that are trucks and have a	68
gross vehicle weight of more than three-quarters of a ton, the	69
motor vehicle show is being held as part of or in connection with	70
a major livestock show, the licensed new motor vehicle dealers	71
involved have complied with the applicable requirements of this	72
section, and the registrar has granted permission for the motor	73
vehicle show in accordance with division (E) of this section.	74

As used in this division:

(1) "Major livestock show" means any show of livestock that	76
is held at the Ohio state fairgrounds, is national in scope, and	77
that continues for more than ten consecutive days.	78

(2) "Truck" has the same meaning as in section 4511.01 of the	79
Revised Code.	80

(3) "Gross vehicle weight" means the unladen weight of the	81
vehicle fully equipped.	82

(J) Nothing contained in this section shall be construed as	83
prohibiting the display of, the taking of orders for, or the sale	84
of, all-purpose vehicles at the location of an outdoor show held	85
annually on the campus of a technical college that is not	86
co-located with another institution of higher education.	87
Notwithstanding section 4517.03 of the Revised Code, all-purpose	88
vehicles may be sold at the location of an outdoor show held	89
annually on the campus of a technical college that is not	90
co-located with another institution of higher education, as	91
permitted by this division.	92

As used in this division, "all-purpose vehicle" has the same	93
meaning as in section 4519.01 of the Revised Code.	94

(K) Whoever violates this section is guilty of a misdemeanor	95
of the fourth degree.	96

Section 2. That existing section 4517.22 of the Revised Code	97
is hereby repealed.	98