|
|
| To amend section 4517.05 of the Revised Code to | 1 |
| establish mandatory training for used motor | 2 |
| vehicle dealers. | 3 |
| Section 1. That section 4517.05 of the Revised Code be | 4 |
| amended to read as follows: | 5 |
| Sec. 4517.05. (A) Each person applying for a used motor | 6 |
| vehicle dealer's license shall annually, before the first day of | 7 |
| April, make out and deliver to the registrar of motor vehicles, | 8 |
| upon a blank to be furnished by the registrar for that purpose, a | 9 |
| separate application for license for each county in which such | 10 |
| business is to be conducted. The application shall be in the form | 11 |
| prescribed by the registrar, shall be signed and sworn to by the | 12 |
| applicant, and, in addition to such other information as is | 13 |
| required by the registrar, shall include the information specified | 14 |
| in divisions (A) to (H) of section 4517.04 of the Revised Code. | 15 |
| The application shall be accompanied by a photograph, as | 16 |
| prescribed by the registrar, of each place of business operated, | 17 |
| or to be operated, by the applicant. An application for a used | 18 |
| motor vehicle dealer's license by any person who is subject to | 19 |
| division (B)(1) of this section shall be accompanied by | 20 |
| documentation, as prescribed by the motor vehicle dealers board, | 21 |
| showing that within the immediately preceding six months, an | 22 |
| owner, officer, partner, or director of the business entity | 23 |
| applying for the used motor vehicle dealer's license has | 24 |
| successfully completed a used motor vehicle dealer training | 25 |
| course. | 26 |
| (B)(1) Except as provided in division (B)(2) of this section, | 27 |
| an owner, officer, partner, or director of a business entity | 28 |
| applying for a used motor vehicle dealer license ninety days or | 29 |
| more after the effective date of this section shall, within six | 30 |
| months immediately preceding the date of applying for the license, | 31 |
| successfully complete a used motor vehicle dealer training course | 32 |
| that complies with the rules of the motor vehicle dealers board | 33 |
| adopted under division (C) of this section. | 34 |
| (2) No person applying for a used motor vehicle dealer's | 35 |
| license shall be required to have an owner, officer, partner, or | 36 |
| director of the business entity complete a used motor vehicle | 37 |
| dealer training course if any owner, officer, partner, or director | 38 |
| of the business entity held a used or new motor vehicle dealer's | 39 |
| license within the two-year period immediately preceding the date | 40 |
| of application and the previously held license was not revoked or | 41 |
| suspended. | 42 |
| (C)(1) In accordance with Chapter 119. of the Revised Code, | 43 |
| the motor vehicle dealers board shall adopt rules governing used | 44 |
| motor vehicle dealer training courses. The rules shall do all of | 45 |
| the following: | 46 |
| (a) Require a course provider to be an institution of higher | 47 |
| education, as defined in section 3345.12 of the Revised Code, or a | 48 |
| relevant professional or trade association that has been in | 49 |
| existence for more than five years and has a majority of members | 50 |
| who are motor vehicle dealers licensed in this state; | 51 |
| (b) Establish any additional qualifications for course | 52 |
| providers; | 53 |
| (c) Establish the course curriculum, which shall include | 54 |
| information on applicable federal and state law, including | 55 |
| consumer protection laws, and shall require at least six hours but | 56 |
| not more than twenty-four hours of instruction; | 57 |
| (d) Prescribe the form for the certificate of completion, | 58 |
| which shall require the course provider to attest that the person | 59 |
| named on the certificate successfully completed at least six hours | 60 |
| of used motor vehicle dealer training; | 61 |
| (e) Establish any other reasonable requirements the board | 62 |
| considers necessary. | 63 |
| (2) The board shall maintain information received from any | 64 |
| course provider concerning course location, content, length, and | 65 |
| cost and shall provide the information to any person upon request. | 66 |
| (3) The registrar shall not issue a used motor vehicle dealer | 67 |
| license to any person subject to division (B)(1) of this section | 68 |
| unless an owner, officer, partner, or director of a business | 69 |
| entity applying for the used motor vehicle dealer license has | 70 |
| successfully completed a used motor vehicle dealer training course | 71 |
| that complies with the requirements of this division. | 72 |
| (D)(1) Any person offering used motor vehicle dealer training | 73 |
| courses shall do all of the following: | 74 |
| (a) Conform the course to rules of the motor vehicle dealers | 75 |
| board; | 76 |
| (b) Establish reasonable fees for courses offered; | 77 |
| (c) Issue, on a form prescribed by the board, a certificate | 78 |
| of completion to each person who successfully completes a course | 79 |
| of instruction; | 80 |
| (d) Notify the board of the course location, content, length, | 81 |
| and cost. | 82 |
| (2) A course provider may use information and material from | 83 |
| the bureau of motor vehicles and the attorney general. | 84 |
| (E) Nothing in this section shall affect or apply to new | 85 |
| motor vehicle dealer licensing. | 86 |
| Section 2. That existing section 4517.05 of the Revised Code | 87 |
| is hereby repealed. | 88 |