As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 318

Representatives Roegner, O'Brien 

Cosponsors: Representatives Lynch, Becker, Thompson, Wachtmann, Hood, Ruhl, Young, Duffey, DeVitis, Landis, Adams, R., Amstutz, Anielski, Antonio, Barborak, Barnes, Beck, Blessing, Brenner, Brown, Buchy, Burkley, Celebrezze, Derickson, Green, Grossman, Hall, Heard, Huffman, Letson, Lundy, McClain, Milkovich, Romanchuk, Schuring, Sears, Sheehy, Slesnick, Smith, Sprague, Stebelton, Sykes, Winburn Speaker Batchelder 

Senators Kearney, Eklund, Brown, Bacon, Balderson, Burke, Coley, Faber, Gardner, Hite, Hughes, Lehner, Obhof, Patton, Peterson, Sawyer, Seitz, Uecker, Widener 

---

A BILL

To amend sections 1345.52, 4503.312, 4517.01,

1

4517.03, and 4517.22 and to enact section 4517.221

2

of the Revised Code to alter the statutory

3

procedures governing motor vehicle shows, to

4

permit the display of new motor vehicles for

5

charitable purposes, and to clarify the law

6

governing the retail sale of utility and certain

7

other trailers.

8

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

Section 1. That sections 1345.52, 4503.312, 4517.01, 4517.03,	9
and 4517.22 be amended and section 4517.221 of the Revised Code be	10
enacted to read as follows:	11

Sec. 1345.52.  There is hereby created in the state treasury	12
the title defect recision fund. The fund shall consist of money	13
collected under section 4505.09 of the Revised Code when a motor	14
vehicle dealer is issued a certificate of title, money collected	15
under section 4517.10 of the Revised Code when the registrar of	16
motor vehicles grants the initial application of a person for a	17
license as a motor vehicle dealer or motor vehicle leasing dealer,	18
money collected under division (L) of section 4517.22 of the	19
Revised Code, money paid to the attorney general by motor vehicle	20
dealers under division (A)(2) of section 4505.181 of the Revised	21
Code for deposit into the fund, the proceeds of all sales	22
conducted and collections obtained by the attorney general under	23
division (E) of that section, and any recoveries to the fund	24
obtained by the attorney general in actions filed under section	25
1345.07 of the Revised Code for violations of section 4505.181 of	26
the Revised Code.	27

Money in the fund shall be used solely for maintaining and	28
administering the fund, providing restitution or other remedies	29
pursuant to division (E)(1) or (F) of section 4505.181 of the	30
Revised Code to retail purchasers of motor vehicles who suffer	31
damages due to failure of a motor vehicle dealer or person acting	32
on behalf of such a dealer to comply with that section, and	33
pursuit of deficiencies in the fund caused by the failure of motor	34
vehicle dealers to comply with divisions (A), (B), and (G) of that	35
section. The attorney general may adopt rules governing the	36
maintenance and administration of the fund.	37

Sec. 4503.312.  As used in this section:

38

(A) "Utility trailer" means any trailer, except a travel	39
trailer or trailer for transporting watercraft, having a gross	40
weight of less than four thousand pounds.	41

(B) "Snowmobile" and "all-purpose vehicle" have the same	42
meaningmeanings as in section 4519.01 of the Revised Code.	43

(C) "Distributor" means any person authorized by a	44
manufacturer of utility trailers or trailers for transporting	45
motorcycles, snowmobiles, or all-purpose vehicles to distribute	46
new trailers to persons for purposes of resale.	47

A manufacturer or, distributor, or retail seller of utility	48
trailers or trailers for transporting motorcycles, snowmobiles, or	49
all-purpose vehicles may apply for registration with the registrar	50
of motor vehicles for each place in this state where the	51
manufacturer or, distributor, or retail seller carries on the	52
business of manufacturing or, distributing, or selling at retail	53
such trailers. Applications for annual registration shall be made	54
at the time provided for payment of the tax imposed by section	55
4503.09 of the Revised Code; shall be in the manner to be	56
prescribed by the registrar; and shall be accompanied by an	57
affidavit certifying that the applicant is a manufacturer or,	58
distributor, or retail seller of utility trailers or trailers for	59
transporting motorcycles, snowmobiles, or all-purpose vehicles.	60
The fee for such registration shall be twenty-five dollars and	61
shall not be reduced when the registration is for a part of a	62
year.	63

Upon the filing of the application and affidavit, and payment	64
of the fee and appropriate postage as required by the registrar,	65
the registrar shall assign to the applicant a distinctive number	66
which shall be displayed on the rear of each trailer when it is	67
operated on the public highway. Any trailer for transporting	68
motorcycles, snowmobiles, or all-purpose vehicles that is not	69
loaded may be operated on the public highway until it is sold or	70
transferred; and any utility trailer that is not loaded, or that	71
is being used to transport another utility trailer for purposes of	72
demonstration or delivery, may be operated on the public highway	73
until it is sold or transferred.	74

At the time the registrar assigns the distinctive number, the	75
registrar shall furnish one placard with the number thereon. The	76
manufacturer or, distributor, or retail seller may procure a	77
reasonable number of certified copies of the registration	78
certificate upon the payment of a fee of five dollars and postage.	79
With each of such certified copies, the registrar shall furnish	80
one placard with the same number provided in the original	81
registration certificate, and shall add thereto such special	82
designation as necessary to distinguish one set of placards from	83
another. All placards furnished by the registrar pursuant to this	84
section shall be so marked as to be distinguishable from placards	85
issued to dealers in or manufacturers of motor vehicles or	86
trailers for transporting watercraft.	87

The fees collected by the registrar pursuant to this section	88
shall be paid into the state bureau of motor vehicles fund	89
established by section 4501.25 of the Revised Code and used for	90
the purposes described in that section.	91

Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of the	92
Revised Code:	93

(A) "Persons" includes individuals, firms, partnerships,	94
associations, joint stock companies, corporations, and any	95
combinations of individuals.	96

(B) "Motor vehicle" means motor vehicle as defined in section	97
4501.01 of the Revised Code and also includes "all-purpose	98
vehicle" and "off-highway motorcycle" as those terms are defined	99
in section 4519.01 of the Revised Code. "Motor vehicle" does not	100
include a snowmobile as defined in section 4519.01 of the Revised	101
Code or manufactured and mobile homes.	102

(C) "New motor vehicle" means a motor vehicle, the legal	103
title to which has never been transferred by a manufacturer,	104
remanufacturer, distributor, or dealer to an ultimate purchaser.	105

(D) "Ultimate purchaser" means, with respect to any new motor	106
vehicle, the first person, other than a dealer purchasing in the	107
capacity of a dealer, who in good faith purchases such new motor	108
vehicle for purposes other than resale.	109

(E) "Business" includes any activities engaged in by any	110
person for the object of gain, benefit, or advantage either direct	111
or indirect.	112

(F) "Engaging in business" means commencing, conducting, or	113
continuing in business, or liquidating a business when the	114
liquidator thereof holds self out to be conducting such business;	115
making a casual sale or otherwise making transfers in the ordinary	116
course of business when the transfers are made in connection with	117
the disposition of all or substantially all of the transferor's	118
assets is not engaging in business.	119

(G) "Retail sale" or "sale at retail" means the act or	120
attempted act of selling, bartering, exchanging, or otherwise	121
disposing of a motor vehicle to an ultimate purchaser for use as a	122
consumer.	123

(H) "Retail installment contract" includes any contract in	124
the form of a note, chattel mortgage, conditional sales contract,	125
lease, agreement, or other instrument payable in one or more	126
installments over a period of time and arising out of the retail	127
sale of a motor vehicle.	128

(I) "Farm machinery" means all machines and tools used in the	129
production, harvesting, and care of farm products.	130

(J) "Dealer" or "motor vehicle dealer" means any new motor	131
vehicle dealer, any motor vehicle leasing dealer, and any used	132
motor vehicle dealer.	133

(K) "New motor vehicle dealer" means any person engaged in	134
the business of selling at retail, displaying, offering for sale,	135
or dealing in new motor vehicles pursuant to a contract or	136
agreement entered into with the manufacturer, remanufacturer, or	137
distributor of the motor vehicles.	138

(L) "Used motor vehicle dealer" means any person engaged in	139
the business of selling, displaying, offering for sale, or dealing	140
in used motor vehicles, at retail or wholesale, but does not mean	141
any new motor vehicle dealer selling, displaying, offering for	142
sale, or dealing in used motor vehicles incidentally to engaging	143
in the business of selling, displaying, offering for sale, or	144
dealing in new motor vehicles, any person engaged in the business	145
of dismantling, salvaging, or rebuilding motor vehicles by means	146
of using used parts, or any public officer performing official	147
duties.	148

(M) "Motor vehicle leasing dealer" means any person engaged	149
in the business of regularly making available, offering to make	150
available, or arranging for another person to use a motor vehicle	151
pursuant to a bailment, lease, sublease, or other contractual	152
arrangement under which a charge is made for its use at a periodic	153
rate for a term of thirty days or more, and title to the motor	154
vehicle is in and remains in the motor vehicle leasing dealer who	155
originally leases it, irrespective of whether or not the motor	156
vehicle is the subject of a later sublease, and not in the user,	157
but does not mean a manufacturer or its affiliate leasing to its	158
employees or to dealers.	159

(N) "Salesperson" means any person employed by a dealer to	160
sell, display, and offer for sale, or deal in motor vehicles for a	161
commission, compensation, or other valuable consideration, but	162
does not mean any public officer performing official duties.	163

(O) "Casual sale" means any transfer of a motor vehicle by a	164
person other than a new motor vehicle dealer, used motor vehicle	165
dealer, motor vehicle salvage dealer, as defined in division (A)	166
of section 4738.01 of the Revised Code, salesperson, motor vehicle	167
auction owner, manufacturer, or distributor acting in the capacity	168
of a dealer, salesperson, auction owner, manufacturer, or	169
distributor, to a person who purchases the motor vehicle for use	170
as a consumer.	171

(P) "Motor vehicle show" means a display of current models of	172
motor vehicles whereby the primary purpose is the exhibition of	173
competitive makes and models in order to provide the general	174
public the opportunity to review and inspect various makes and	175
models of motor vehicles at a single location.	176

(Q) "Motor vehicle auction owner" means any person who is	177
engaged wholly or in part in the business of auctioning motor	178
vehicles, but does not mean a construction equipment auctioneer or	179
a construction equipment auction licensee.	180

(R)(Q) "Manufacturer" means a person who manufactures,	181
assembles, or imports motor vehicles, including motor homes, but	182
does not mean a person who only assembles or installs a body,	183
special equipment unit, finishing trim, or accessories on a motor	184
vehicle chassis supplied by a manufacturer or distributor.	185

(S)(R) "Tent-type fold-out camping trailer" means any vehicle	186
intended to be used, when stationary, as a temporary shelter with	187
living and sleeping facilities, and that is subject to the	188
following properties and limitations:	189

(1) A minimum of twenty-five per cent of the fold-out portion	190
of the top and sidewalls combined must be constructed of canvas,	191
vinyl, or other fabric, and form an integral part of the shelter.	192

(2) When folded, the unit must not exceed:

193

(a) Fifteen feet in length, exclusive of bumper and tongue;

194

(b) Sixty inches in height from the point of contact with the	195
ground;	196

(c) Eight feet in width;

197

(d) One ton gross weight at time of sale.

198

(T)(S) "Distributor" means any person authorized by a motor	199
vehicle manufacturer to distribute new motor vehicles to licensed	200
new motor vehicle dealers, but does not mean a person who only	201
assembles or installs a body, special equipment unit, finishing	202
trim, or accessories on a motor vehicle chassis supplied by a	203
manufacturer or distributor.	204

(U)(T) "Flea market" means a market place, other than a	205
dealer's location licensed under this chapter, where a space or	206
location is provided for a fee or compensation to a seller to	207
exhibit and offer for sale or trade, motor vehicles to the general	208
public.	209

(V)(U) "Franchise" means any written agreement, contract, or	210
understanding between any motor vehicle manufacturer or	211
remanufacturer engaged in commerce and any motor vehicle dealer	212
that purports to fix the legal rights and liabilities of the	213
parties to such agreement, contract, or understanding.	214

(W)(V) "Franchisee" means a person who receives new motor	215
vehicles from the franchisor under a franchise agreement and who	216
offers, sells, and provides service for such new motor vehicles to	217
the general public.	218

(X)(W) "Franchisor" means a new motor vehicle manufacturer,	219
remanufacturer, or distributor who supplies new motor vehicles	220
under a franchise agreement to a franchisee.	221

(Y)(X) "Dealer organization" means a state or local trade	222
association the membership of which is comprised predominantly of	223
new motor vehicle dealers.	224

(Z)(Y) "Factory representative" means a representative	225
employed by a manufacturer, remanufacturer, or by a factory branch	226
primarily for the purpose of promoting the sale of its motor	227
vehicles, parts, or accessories to dealers or for supervising or	228
contacting its dealers or prospective dealers.	229

(AA)(Z) "Administrative or executive management" means those	230
individuals who are not subject to federal wage and hour laws.	231

(BB)(AA) "Good faith" means honesty in the conduct or	232
transaction concerned and the observance of reasonable commercial	233
standards of fair dealing in the trade as is defined in section	234
1301.201 of the Revised Code, including, but not limited to, the	235
duty to act in a fair and equitable manner so as to guarantee	236
freedom from coercion, intimidation, or threats of coercion or	237
intimidation; provided however, that recommendation, endorsement,	238
exposition, persuasion, urging, or argument shall not be	239
considered to constitute a lack of good faith.	240

(CC)(BB) "Coerce" means to compel or attempt to compel by	241
failing to act in good faith or by threat of economic harm, breach	242
of contract, or other adverse consequences. Coerce does not mean	243
to argue, urge, recommend, or persuade.	244

(DD)(CC) "Relevant market area" means any area within a	245
radius of ten miles from the site of a potential new dealership,	246
except that for manufactured home or recreational vehicle	247
dealerships the radius shall be twenty-five miles. The ten-mile	248
radius shall be measured from the dealer's established place of	249
business that is used exclusively for the purpose of selling,	250
displaying, offering for sale, or dealing in motor vehicles.	251

(EE)(DD) "Wholesale" or "at wholesale" means the act or	252
attempted act of selling, bartering, exchanging, or otherwise	253
disposing of a motor vehicle to a transferee for the purpose of	254
resale and not for ultimate consumption by that transferee.	255

(FF)(EE) "Motor vehicle wholesaler" means any person licensed	256
as a dealer under the laws of another state and engaged in the	257
business of selling, displaying, or offering for sale used motor	258
vehicles, at wholesale, but does not mean any motor vehicle dealer	259
as defined in this section.	260

(GG)(FF)(1) "Remanufacturer" means a person who assembles or	261
installs passenger seating, walls, a roof elevation, or a body	262
extension on a conversion van with the motor vehicle chassis	263
supplied by a manufacturer or distributor, a person who modifies a	264
truck chassis supplied by a manufacturer or distributor for use as	265
a public safety or public service vehicle, a person who modifies a	266
motor vehicle chassis supplied by a manufacturer or distributor	267
for use as a limousine or hearse, or a person who modifies an	268
incomplete motor vehicle cab and chassis supplied by a new motor	269
vehicle dealer or distributor for use as a tow truck, but does not	270
mean either of the following:	271

(a) A person who assembles or installs passenger seating, a	272
roof elevation, or a body extension on a recreational vehicle as	273
defined in division (Q) and referred to in division (B) of section	274
4501.01 of the Revised Code;	275

(b) A person who assembles or installs special equipment or	276
accessories for handicapped persons, as defined in section 4503.44	277
of the Revised Code, upon a motor vehicle chassis supplied by a	278
manufacturer or distributor.	279

(2) For the purposes of division (GG)(FF)(1) of this section,	280
"public safety vehicle or public service vehicle" means a fire	281
truck, ambulance, school bus, street sweeper, garbage packing	282
truck, or cement mixer, or a mobile self-contained facility	283
vehicle.	284

(3) For the purposes of division (GG)(FF)(1) of this section,	285
"limousine" means a motor vehicle, designed only for the purpose	286
of carrying nine or fewer passengers, that a person modifies by	287
cutting the original chassis, lengthening the wheelbase by forty	288
inches or more, and reinforcing the chassis in such a way that all	289
modifications comply with all applicable federal motor vehicle	290
safety standards. No person shall qualify as or be deemed to be a	291
remanufacturer who produces limousines unless the person has a	292
written agreement with the manufacturer of the chassis the person	293
utilizes to produce the limousines to complete properly the	294
remanufacture of the chassis into limousines.	295

(4) For the purposes of division (GG)(FF)(1) of this section,	296
"hearse" means a motor vehicle, designed only for the purpose of	297
transporting a single casket, that is equipped with a compartment	298
designed specifically to carry a single casket that a person	299
modifies by cutting the original chassis, lengthening the	300
wheelbase by ten inches or more, and reinforcing the chassis in	301
such a way that all modifications comply with all applicable	302
federal motor vehicle safety standards. No person shall qualify as	303
or be deemed to be a remanufacturer who produces hearses unless	304
the person has a written agreement with the manufacturer of the	305
chassis the person utilizes to produce the hearses to complete	306
properly the remanufacture of the chassis into hearses.	307

(5) For the purposes of division (GG)(FF)(1) of this section,	308
"mobile self-contained facility vehicle" means a mobile classroom	309
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	310
testing laboratory, and mobile display vehicle, each of which is	311
designed for purposes other than for passenger transportation and	312
other than the transportation or displacement of cargo, freight,	313
materials, or merchandise. A vehicle is remanufactured into a	314
mobile self-contained facility vehicle in part by the addition of	315
insulation to the body shell, and installation of all of the	316
following: a generator, electrical wiring, plumbing, holding	317
tanks, doors, windows, cabinets, shelving, and heating,	318
ventilating, and air conditioning systems.	319

(6) For the purposes of division (GG)(FF)(1) of this section,	320
"tow truck" means both of the following:	321

(a) An incomplete cab and chassis that are purchased by a	322
remanufacturer from a new motor vehicle dealer or distributor of	323
the cab and chassis and on which the remanufacturer then installs	324
in a permanent manner a wrecker body it purchases from a	325
manufacturer or distributor of wrecker bodies, installs an	326
emergency flashing light pylon and emergency lights upon the mast	327
of the wrecker body or rooftop, and installs such other related	328
accessories and equipment, including push bumpers, front grille	329
guards with pads and other custom-ordered items such as painting,	330
special lettering, and safety striping so as to create a complete	331
motor vehicle capable of lifting and towing another motor vehicle.	332

(b) An incomplete cab and chassis that are purchased by a	333
remanufacturer from a new motor vehicle dealer or distributor of	334
the cab and chassis and on which the remanufacturer then installs	335
in a permanent manner a car carrier body it purchases from a	336
manufacturer or distributor of car carrier bodies, installs an	337
emergency flashing light pylon and emergency lights upon the	338
rooftop, and installs such other related accessories and	339
equipment, including push bumpers, front grille guards with pads	340
and other custom-ordered items such as painting, special	341
lettering, and safety striping.	342

As used in division (GG)(FF)(6)(b) of this section, "car	343
carrier body" means a mechanical or hydraulic apparatus capable of	344
lifting and holding a motor vehicle on a flat level surface so	345
that one or more motor vehicles can be transported, once the car	346
carrier is permanently installed upon an incomplete cab and	347
chassis.	348

(HH)(GG) "Operating as a new motor vehicle dealership" means	349
engaging in activities such as displaying, offering for sale, and	350
selling new motor vehicles at retail, operating a service facility	351
to perform repairs and maintenance on motor vehicles, offering for	352
sale and selling motor vehicle parts at retail, and conducting all	353
other acts that are usual and customary to the operation of a new	354
motor vehicle dealership. For the purposes of this chapter only,	355
possession of either a valid new motor vehicle dealer franchise	356
agreement or a new motor vehicle dealers license, or both of these	357
items, is not evidence that a person is operating as a new motor	358
vehicle dealership.	359

(II)(HH) "Outdoor power equipment" means garden and small	360
utility tractors, walk-behind and riding mowers, chainsaws, and	361
tillers.	362

(JJ)(II) "Remote service facility" means premises that are	363
separate from a licensed new motor vehicle dealer's sales facility	364
by not more than one mile and that are used by the dealer to	365
perform repairs, warranty work, recall work, and maintenance on	366
motor vehicles pursuant to a franchise agreement entered into with	367
a manufacturer of motor vehicles. A remote service facility shall	368
be deemed to be part of the franchise agreement and is subject to	369
all the rights, duties, obligations, and requirements of Chapter	370
4517. of the Revised Code that relate to the performance of motor	371
vehicle repairs, warranty work, recall work, and maintenance work	372
by new motor vehicle dealers.	373

(KK)(JJ) "Recreational vehicle" has the same meaning as in	374
section 4501.01 of the Revised Code.	375

(LL)(KK) "Construction equipment auctioneer" means a person	376
who holds both a valid auction firm license issued under Chapter	377
4707. of the Revised Code and a valid construction equipment	378
auction license issued under this chapter.	379

(MM)(LL) "Large construction or transportation equipment"	380
means vehicles having a gross vehicle weight rating of more than	381
ten thousand pounds and includes road rollers, traction engines,	382
power shovels, power cranes, commercial cars and trucks, or farm	383
trucks, and other similar vehicles obtained primarily from the	384
construction, mining, transportation or farming industries.	385

Sec. 4517.03.  (A) A place of business that is used for	386
selling, displaying, offering for sale, or dealing in motor	387
vehicles shall be considered as used exclusively for those	388
purposes even though snowmobiles, farm machinery, outdoor power	389
equipment, watercraft and related products, or products	390
manufactured or distributed by a motor vehicle manufacturer with	391
which the motor vehicle dealer has a franchise agreement are sold	392
or displayed there, or if repair, accessory, gasoline and oil,	393
storage, parts, service, or paint departments are maintained	394
there, or such products or services are provided there, if the	395
departments are operated or the products or services are provided	396
for the business of selling, displaying, offering for sale, or	397
dealing in motor vehicles. Places of business or departments in a	398
place of business used to dismantle, salvage, or rebuild motor	399
vehicles by means of using used parts, are not considered as being	400
maintained for the purpose of assisting or furthering the selling,	401
displaying, offering for sale, or dealing in motor vehicles. A	402
place of business shall be considered as used exclusively for	403
selling, displaying, offering for sale, or dealing in motor	404
vehicles even though a business owned by a motor vehicle leasing	405
dealer or a motor vehicle renting dealer is located at the place	406
of business.	407

(B)(1)(a) No new motor vehicle dealer shall sell, display,	408
offer for sale, or deal in motor vehicles at any place except an	409
established place of business that is used exclusively for the	410
purpose of selling, displaying, offering for sale, or dealing in	411
motor vehicles. The place of business shall have space, under	412
roof, for the display of at least one new motor vehicle. The	413
established place of business or, if the dealer operates a remote	414
service facility, the dealer's remote service facility shall have	415
facilities and space for the inspection, servicing, and repair of	416
at least one motor vehicle. However a new motor vehicle dealer	417
selling manufactured or mobile homes is exempt from the	418
requirement that a place of business have space, under roof, for	419
the display of at least one new motor vehicle and facilities and	420
space for the inspection, servicing, and repair of at least one	421
motor vehicle.	422

(b) A new motor vehicle dealer does not violate division	423
(B)(1) of this section if a customer of the new motor vehicle	424
dealer executes purchase or lease documentation at a location	425
other than the new motor vehicle dealer's established place of	426
business.	427

(c) A commercial transaction involving the sale or lease by a	428
new motor vehicle dealer of a new heavy duty vehicle, as defined	429
in 49 C.F.R. 523.6, is deemed to have taken place at the new motor	430
vehicle dealer's established place of business if the sale or	431
lease is negotiated and the documents are executed at the	432
customer's business location.	433

(2) A licensed new motor vehicle dealer may operate a remote	434
service facility with the consent of the manufacturer and only to	435
perform repairs, warranty work, recall work, and maintenance on	436
motor vehicles as part of the dealer's franchised and licensed new	437
motor vehicle dealership. The remote service facility shall be	438
included on the new motor vehicle dealer's license and be deemed	439
to be part of the dealer's licensed location.	440

(3) No person shall use a remote service facility for	441
selling, displaying, or offering for sale motor vehicles.	442

(C) No used motor vehicle dealer shall sell, display, offer	443
for sale, or deal in motor vehicles at any place except an	444
established place of business that is used exclusively for the	445
purpose of selling, displaying, offering for sale, or dealing in	446
motor vehicles.	447

(D) No motor vehicle leasing dealer shall make a motor	448
vehicle available for use by another, in the manner described in	449
division (M) of section 4517.01 of the Revised Code, at any place	450
except an established place of business that is used for leasing	451
motor vehicles; except that a motor vehicle leasing dealer who is	452
also a new motor vehicle dealer or used motor vehicle dealer may	453
lease motor vehicles at the same place of business at which the	454
dealer sells, offers for sale, or deals in new or used motor	455
vehicles.	456

(E) No motor vehicle leasing dealer or motor vehicle renting	457
dealer shall sell a motor vehicle within ninety days after a	458
certificate of title to the motor vehicle is issued to the dealer,	459
except as follows:	460

(1) A salvage certificate of title may be issued to replace	461
the original certificate of title.	462

(2) A motor vehicle leasing dealer may sell a motor vehicle	463
to another motor vehicle leasing dealer at the end of a sublease	464
pursuant to that sublease.	465

(3) A motor vehicle leasing dealer may sell a motor vehicle	466
previously titled to an ultimate purchaser to another licensed	467
motor vehicle dealer.	468

(4) A motor vehicle leasing dealer may sell a motor vehicle	469
when the motor vehicle has been titled in the dealer's name or in	470
the name of an entity affiliated with the dealer in this state or	471
another state for a cumulative period of ninety days.	472

(F) No distributor shall distribute new motor vehicles to new	473
motor vehicle dealers at any place except an established place of	474
business that is used exclusively for the purpose of distributing	475
new motor vehicles to new motor vehicle dealers; except that a	476
distributor who is also a new motor vehicle dealer may distribute	477
new motor vehicles at the same place of business at which the	478
distributor sells, displays, offers for sale, or deals in new	479
motor vehicles.	480

(G) No person, firm, or corporation that sells, displays, or	481
offers for sale tent-type fold-out camping trailers is subject to	482
the requirement that the person's, firm's, or corporation's place	483
of business be used exclusively for the purpose of selling,	484
displaying, offering for sale, or dealing in motor vehicles. No	485
person, firm, or corporation that sells, displays, or offers for	486
sale tent-type fold-out camping trailers, trailers, semitrailers,	487
or park trailers is subject to the requirement that the place of	488
business have space, under roof, for the display of at least one	489
new motor vehicle and facilities and space for the inspection,	490
servicing, and repair of at least one motor vehicle.	491

(H) Nothing in this section shall be construed to prohibit	492
persons licensed under this chapter from making sales calls.	493

(I) Whoever violates this section is guilty of a misdemeanor	494
of the fourth degree.	495

(J) As used in this section:

496

(1) "Motor vehicle leasing dealer" has the same meaning as in	497
section 4517.01 of the Revised Code.	498

(2) "Motor vehicle renting dealer" has the same meaning as in	499
section 4549.65 of the Revised Code.	500

(3) "Watercraft" has the same meaning as in section 1547.01	501
of the Revised Code.	502

Sec. 4517.22.  (A) As used in this section:

503

(1) "General market area" means the contiguous geographical	504
area established by a motor vehicle show sponsor that is based	505
upon the size of the show and that does not unreasonably exclude	506
any licensed new motor vehicle dealer.	507

(2) "Gross vehicle weight" means the unladen weight of a	508
motor vehicle fully equipped.	509

(3) "Livestock trailer" means a new or used trailer designed	510
by its manufacturer to be used to transport horses or to transport	511
animals generally used for food or in the production of food,	512
including cattle, sheep, goats, rabbits, poultry, swine, and any	513
other animals included by the director of agriculture in rules	514
adopted under section 901.72 of the Revised Code.	515

(4) "Major livestock show" means any show of livestock that	516
is held at the Ohio state fairgrounds, is national in scope, and	517
that continues for more than ten consecutive days.	518

(5) "Motor vehicle show" means a display of new motor	519
vehicles that lasts not more than ten days by more than one new	520
motor vehicle dealer dealing in competitive types of motor	521
vehicles and that is authorized by the registrar of motor vehicles	522
primarily to allow the general public an opportunity to compare	523
and inspect a variety of makes and models simultaneously, test	524
drive vehicles, and gain an understanding of new technology and	525
available features.	526

(6) "Truck" has the same meaning as in section 4511.01 of the	527
Revised Code.	528

(B) Any group of licensed new motor vehicle dealers may	529
display motor vehicles at a motor vehicle show within the general	530
market area allocated to a licensed new motor vehicle dealer,	531
whenever all of the following conditions are met:	532

(1) The primary purpose of the motor vehicle show is the	533
exhibition of competitive makes and models of motor vehicles to	534
provide the general public the opportunity to review and inspect	535
various makes and models of motor vehicles at a single location;	536

(2) Notassigned by the sponsor if, not less than thirty days	537
before the planned opening date of the motor vehicle show, the	538
group requestssponsor executes and receives permission to hold	539
the show fromfiles with the registrar of motor vehiclesan	540
affidavit, in a form prescribed by the registrar, that certifies	541
that all requirements of this section have been or will be met, as	542
applicable.	543

If the registrar approves the affidavit, the registrar shall	544
grant the sponsor permission to conduct the motor vehicle show. If	545
the registrar determines that there is a deficiency in the	546
affidavit, the registrar shall inform the sponsor of the	547
deficiency as soon possible after the registrar receives the	548
affidavit so that the sponsor has the opportunity to remedy the	549
deficiency. The registrar also shall describe with specificity the	550
measures the sponsor is required to take in order to cure the	551
deficiency. The sponsor shall return the corrected affidavit to	552
the registrar not later than before the planned opening date of	553
the motor vehicle show in order for the sponsor to be eligible to	554
hold the show. If the registrar finds that the deficiency has been	555
cured in the corrected affidavit, the registrar shall grant the	556
sponsor permission to conduct the motor vehicle show. If the	557
registrar finds that the deficiency has not been cured, the	558
registrar shall deny the sponsor permission to conduct the motor	559
vehicle show.	560

(B)(C) No contracts shall be signed, deposits taken, or sales	561
consummated at the location of a motor vehicle show.	562

(C)(D) Any sponsor of a motor vehicle show or the sponsor's	563
representative shall offer by mail an invitation to all new motor	564
vehicle dealers dealing in competitive types of motor vehicles in	565
the general market area to participate and display motor vehicles	566
in the show. The sponsor or representative may offer a similar	567
invitation to manufacturers or distributors. A copy of each	568
invitation shall be retained by the sponsor for at least one year	569
after the show.	570

(D) No person except a(E) A manufacturer or distributor	571
shallmay hold in any public place a motor vehicle show at which	572
only one motor vehicle is displayed, andbut no such single unit	573
show shall be held unless the manufacturer or distributor requests	574
executes and receives permission fromfiles with the registrar	575
not less than thirty days before the show an affidavit, in a form	576
prescribed by the registrar, that certifies that all requirements	577
of this section have been or will be met, as applicable, and	578
subsequently receives approval of that affidavit from the	579
registrar.	580

(E)(F) The registrar shall not grant permission for any motor	581
vehicle show to be held, unless it is proven to the registrar's	582
satisfaction that no attempt is being made to circumvent the	583
provisions of sections 4517.01 to 4517.45 of the Revised Code.	584

(F)(G) Nothing contained in this section shall be construed	585
as prohibiting the taking of orders for nonmotorized recreational	586
vehicles as defined in section 4501.01 of the Revised Code at	587
sports or camping shows.	588

(G)(H) No motor vehicle dealer, motor vehicle leasing dealer,	589
motor vehicle auction owner, or distributor licensed under	590
sections 4517.01 to 4517.45 of the Revised Code shall display a	591
motor vehicle at any place except the dealer's, owner's, or	592
distributor's licensed location, unless the dealer, owner, or	593
distributor first obtains permission from the registrar and	594
complies with the applicable rules of the motor vehicle dealers	595
board or the display is authorized pursuant to section 4517.221 of	596
the Revised Code.	597

(H)(I) Nothing contained in this section shall be construed	598
as prohibiting the display of, the taking of orders for, or the	599
sale of, livestock trailers at livestock and agricultural shows,	600
including county fairs. Notwithstanding section 4517.03 of the	601
Revised Code, livestock trailers may be sold at livestock and	602
agricultural shows, including county fairs, as permitted by this	603
division.	604

As used in this division, "livestock trailer" means a new or	605
used trailer designed by its manufacturer to be used to transport	606
horses or to transport animals generally used for food or in the	607
production of food, including cattle, sheep, goats, rabbits,	608
poultry, swine, and any other animals included by the director of	609
agriculture in rules adopted under section 901.72 of the Revised	610
Code.	611

(I)(J) Notwithstanding division(B)any provision of this	612
section to the contrary, for a period not to exceed thirty days,	613
contracts may be signed, deposits taken, and sales consummated at	614
the location of a motor vehicle show where the motor vehicles	615
involved are horse trailers or towing vehicles that are trucks and	616
have a gross vehicle weight of more than three-quarters of a ton,	617
the motor vehicle show is being held as part of or in connection	618
with a major livestock show, the licensed new motor vehicle	619
dealers involved have complied with the applicable requirements of	620
this section, and the registrar has granted permission for the	621
motor vehicle show in accordance with division (E)(F) of this	622
section.	623

As used in this division:

624

(1) "Major livestock show" means any show of livestock that	625
is held at the Ohio state fairgrounds, is national in scope, and	626
that continues for more than ten consecutive days.	627

(2) "Truck" has the same meaning as in section 4511.01 of the	628
Revised Code.	629

(3) "Gross vehicle weight" means the unladen weight of the	630
vehicle fully equipped.	631

(J)(K)(1) Notwithstanding division (H) of this section, if,	632
pursuant to division (B) of this section, the registrar has	633
granted a show representative permission to hold a motor vehicle	634
show at the annual fair of a county or independent agricultural	635
society and if the society files a certification under division	636
(K)(2) of this section, a new motor vehicle dealer may display	637
motor vehicles at that annual fair even if no other new motor	638
vehicle dealer displays competitive makes and models at the fair.	639

(2) To obtain a waiver under division (K)(1) of this section,	640
a county or independent agricultural society shall certify all of	641
the following:	642

(a) That an invitation was sent to all new motor vehicle	643
dealers within the county where the fair is held;	644

(b) That the terms of the invitation were reasonable and	645
nondiscriminatory;	646

(c) That only one new motor vehicle dealer accepted the	647
invitation.	648

(L)Whoever(1) Until six months after the effective date of	649
this amendment, whoever violates this section or section 4517.221	650
of the Revised Code is guilty of a misdemeanor of the fourth	651
degree.	652

(2) The board shall adopt rules establishing the amount of a	653
penalty for a violation of this section or section 4517.221 of the	654
Revised Code, which shall not exceed one thousand dollars for each	655
violation.	656

(3) Beginning six months after the effective date of this	657
amendment, after finding, pursuant to adjudication conducted in	658
accordance with Chapter 119. of the Revised Code, that a person	659
has violated this section or section 4517.221 of the Revised Code,	660
the board may order the person to pay an administrative penalty	661
described in division (L)(2) of this section for each violation in	662
accordance with the rule adopted by the board.	663

(4) For purposes of the administrative penalties described in	664
divisions (L)(2) and (3) of this section, each sale that occurs in	665
violation of this section or section 4517.221 of the Revised Code	666
and each day that a violation occurs or continues to occur	667
constitutes a separate violation.	668

(5) All penalties collected pursuant to division (L)(3) of	669
this section shall be paid to the title defect rescission fund	670
established in section 1345.52 of the Revised Code.	671

Sec. 4517.221. (A) As used in this section:

672

(1) "Charitable or civic purpose" means either of the	673
following:	674

(a) A purpose described in section 501(c)(3) of the Internal	675
Revenue Code;	676

(b) A benevolent, philanthropic, patriotic, educational,	677
humane, scientific, public health, environmental conservation, or	678
civic objective, or any objective that benefits law enforcement	679
personnel, firefighters, or other persons who protect the public	680
safety.	681

"Charitable or civic purpose" is not limited to those	682
purposes for which contributions are tax deductible under section	683
170 of the Internal Revenue Code.	684

(2) "Internal Revenue Code" means the "Internal Revenue Code	685
of 1986," 100 Stat. 2085, 26 U.S.C. 1 et seq., as amended.	686

(B)(1) Notwithstanding any provision of section 4517.22 of	687
the Revised Code to the contrary and except as provided in	688
division (B)(2) of this section, a licensed new motor vehicle	689
dealer that satisfies the requirements of this section may display	690
new motor vehicles at a location other than the dealer's	691
established place of business to provide the general public an	692
opportunity to review and inspect the dealer's product line,	693
including safety features and new technology.	694

(2) No licensed motor vehicle dealer shall display new motor	695
vehicles at the annual fair sponsored by a county or agricultural	696
society unless the sponsor complies with the provisions of	697
division (B) of section 4517.22 of the Revised Code.	698

(C) For a display under this section by a licensed new motor	699
vehicle dealer within the area of responsibility assigned to that	700
dealer by a manufacturer, the dealer shall satisfy the following	701
conditions:	702

(1) The purpose of the display is to promote or benefit a	703
charitable or civic purpose.	704

(2) The dealer displays not more than six vehicles that may	705
be available for test drive during the display.	706

(3) The dealer files both of the following with the registrar	707
of motor vehicles within three business days prior to the display	708
and in a form prescribed by the registrar:	709

(a) Evidence of the area of responsibility assigned to the	710
dealer by the manufacturer;	711

(b) An affidavit that affirms all of the following:

712

(i) That the location of the display is within the area of	713
responsibility assigned to the dealer by a manufacturer;	714

(ii) The beginning and end date of the display;

715

(iii) That not more than six vehicles will be displayed;

716

(iv) That to the best of the dealer's knowledge, no other	717
dealer will display a vehicle at the location during the dates of	718
the display;	719

(v) That no contracts will be signed, deposits taken, or	720
sales consummated at the location of the display;	721

(vi) The charitable or civic purpose promoted or benefited by	722
the display.	723

(D) For a display under this section by a new motor vehicle	724
dealer outside the area of responsibility assigned to that dealer	725
by a manufacturer, the dealer shall satisfy the following	726
conditions:	727

(1) The purpose of the display is to promote or benefit a	728
charitable or civic purpose.	729

(2) The dealer displays not more than six vehicles.

730

(3) The dealer files an affidavit with the registrar in a	731
form prescribed by the registrar and within three business days	732
prior to the display that affirms all of the following:	733

(a) That the location of the display is not within the area	734
of responsibility assigned to the dealer by a manufacturer;	735

(b) That the dealer has provided every dealer selling the	736
same line-make within the area of responsibility where the display	737
will occur with notice of the dealer's intent to display and each	738
of those dealers has agreed to allow the display to occur;	739

(c) The beginning and end date of the display;

740

(d) That not more than six vehicles will be on display;

741

(e) That no test drives will occur and the vehicles will	742
remain stationary;	743

(f) That to the best of the dealer's knowledge, no other	744
dealer will display a vehicle at the location during the dates of	745
the display;	746

(g) That the dealer has not displayed a vehicle pursuant to	747
division (D) of this section for more than six days during the	748
calendar year and that the current display will not result in the	749
dealer exceeding the six-day maximum;	750

(h) That no contracts will be signed, deposits taken, or	751
sales consummated at the location of the display.	752

(E) No licensed new motor vehicle dealer shall display for	753
more than six days per calendar year outside the area of	754
responsibility assigned to that dealer by a manufacturer.	755

(F)(1) No licensed new motor vehicle dealer shall display	756
outside the area of responsibility assigned to that dealer by a	757
manufacturer if a dealer handling the same line-make within the	758
area of responsibility objects to the display.	759

(2) A licensed motor vehicle dealer who displays outside the	760
area of responsibility assigned to that dealer by a manufacturer	761
bears the burden of proving that no dealer of the same line-make	762
within the area objected to the display.	763

(3) A licensed motor vehicle dealer who files an affidavit	764
under division (D) of this section shall maintain any	765
documentation that is evidence of consent to display in that area	766
for one year following the last day of the display.	767

(G) A licensed new motor vehicle dealer who files an	768
affidavit under division (C) or (D) of this section shall maintain	769
a copy of that affidavit for one year following the last day of	770
the display.	771

(H) Delivery of a previously ordered vehicle does not	772
constitute a display under this section.	773

Section 2.  That existing sections 1345.52, 4503.312,	774
4517.01, 4517.03, and 4517.22 of the Revised Code are hereby	775
repealed.	776