As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 232

Senator Uecker 

Cosponsors: Senators Patton, Lehner, Brown 

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A BILL

To amend sections 4775.01, 4775.02, 4775.03, 4775.04,

1

4775.05, 4775.06, 4775.07, 4775.08, 4775.09,

2

4775.10, and 4775.11 of the Revised Code to extend

3

the jurisdiction of the Motor Vehicle Repair Board

4

to persons who perform motor vehicle mechanical

5

repairs, to require motor vehicle repair

6

facilities to register with the Board, to create

7

the Motor Vehicle Repair Operator Vendor's License

8

Suspension Fund, and to make other changes to the

9

Motor Vehicle Repair and Window Tint Operator Law,

10

and to further amend section 4775.03 of the

11

Revised Code on July 1, 2014, to dissolve the

12

existing Motor Vehicle Repair Board and replace it

13

with a new board of the same name.

14

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

Section 1. That sections 4775.01, 4775.02, 4775.03, 4775.04,	15
4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and 4775.11	16
of the Revised Code be amended to read as follows:	17

Sec. 4775.01.  As used in this chapter:

18

(A) "Motor vehicle" has the same meaning as in section	19
4501.01 of the Revised Code.	20

(B) "Collision" means an occurrence in which two or more	21
objects, whether mobile or stationary, contact one another in a	22
manner that causes the alteration of the surface, structure, or	23
appearance, whether separately or collectively, of an object that	24
is party to the occurrence.	25

(C) "CollisionBody repair" means any and all restorative or	26
replacement procedures that are performed on and affect or	27
potentially affect the structural, life safety, auto glass, and	28
cosmetic components of a motor vehicle that has been damaged as a	29
result of a collision. "CollisionBody repair" also includes any	30
procedure that is employed for the purpose of repairing,	31
restoring, replacing, or refinishing, whether wholly or	32
separately, any structural, life safety, auto glass, or cosmetic	33
component of a motor vehicle to a condition approximating or	34
replicating the function, use, or appearance of the component	35
prior to a collision.	36

(D) "Motor vehicle collision repair operator" means any	37
person, sole proprietorship, foreign or domestic partnership,	38
limited liability corporation, or other legal entity that is not	39
an employee or agent of a principal and performs five or more	40
motor vehicle collision repairs in a calendar year.	41

(E)(C) "Mechanical" means any original manufacturer equipment	42
or aftermarket systems or parts designed for use in or on a motor	43
vehicle, including the drive and power train, engine,	44
transmission, suspension, steering, brakes, illumination system,	45
heating and cooling system, air conditioning, climate controls,	46
exhaust, fuel, ignition, starting and charging, lubrication,	47
tires, driver and passenger restraint systems, vehicle anti-theft,	48
and security systems.	49

(D) "Mechanical repair" means any alteration or maintenance,	50
diagnostic, or repair service procedures that are performed on and	51
affect or potentially affect the operation of a motor vehicle.	52

(E) "Motor vehicle repair" means either a motor vehicle body	53
repair or a motor vehicle mechanical repair.	54

(F) "Motor vehicle window tint operator" means any person,	55
sole proprietorship, foreign or domestic partnership, limited	56
liability corporation, or other legal entity that is not an	57
employee or agent of a principal and installs tinted glass, or	58
transparent, nontransparent, translucent, and reflectorized	59
material in or on five or more motor vehicle windshields, side	60
windows, sidewings, and rear windows in a calendar year.	61

(F)(G) "Motor vehicle repair operator" means any person, sole	62
proprietorship, foreign or domestic partnership, limited liability	63
corporation, or other legal entity that is not an employee or	64
agent of a principal and performs five or more motor vehicle	65
repairs in a calendar year, and includes a motor vehicle collision	66
repair operator and a motor vehicle window tint operator, but does	67
not mean any of the following:	68

(1) An employee, other than a manager, of a motor vehicle	69
repair operator;	70

(2) A new motor vehicle dealer licensed pursuant to sections	71
4517.01 to 4517.45 of the Revised Code, irrespective of whether or	72
not the new motor vehicle dealer also is licensed as a used motor	73
vehicle dealer pursuant to those sections;	74

(3) A new motor vehicle dealer licensed pursuant to sections	75
4517.01 to 4517.45 of the Revised Code who also is the owner, part	76
owner, or operator of a motor vehicle collision repair facility or	77
a motor vehicle window tint installation facility;	78

(4) A motor vehicle auction owner licensed pursuant to	79
sections 4517.01 to 4517.45 of the Revised Code who does not	80
perform motor vehicle repairs;	81

(5) A motor vehicle leasing dealer licensed pursuant to	82
sections 4517.01 to 4517.45 of the Revised Code;	83

(6) A motor vehicle salvage dealer licensed pursuant to	84
Chapter 4738. of the Revised Code;	85

(7) A person or lessee who owns or leases ten or more motor	86
vehicles used principally in connection with any established	87
business and who does not perform motor vehicle collision repairs	88
or motor vehicle window tint installation on motor vehicles other	89
than the motor vehicles used principally in connection with the	90
established business;	91

(8) A motor vehicle renting dealer as defined in division	92
(A)(2) of section 4549.65 of the Revised Code who does not perform	93
motor vehicle collision repairs or motor vehicle window tint	94
installation on motor vehicles other than the motor vehicles used	95
in connection with the established motor vehicle renting business;	96

(9) A person who performs collision repairs or motor vehicle	97
window tint installation on the motor vehicles of a single	98
commercial, industrial, or governmental establishment exclusively	99
and does not offer or provide motor vehicle collision repair	100
service or motor vehicle window tint installation to the general	101
public;	102

(10) The owner, part owner, or officer of, or instructor	103
employed by, an educational institution that provides instruction	104
in motor vehicle collision repair or motor vehicle window tint	105
installation while the owner, part owner, officer of, or	106
instructor is engaging in activity in furtherance of instruction	107
in motor vehicle collision repair or motor vehicle window tint	108
installation;	109

(11) Any person, sole proprietorship, foreign or domestic	110
partnership, limited liability corporation, or other legal entity	111
that falls within the North American industry classification	112
system industry classification code number 441320 and either	113
receives more than sixty per cent of its annual revenue from the	114
retail sale of new or used tires and inner tubes for those tires	115
or sells at retail new or used tires and inner tubes for those	116
tires and also performs motor vehicle repair;	117

(12) A national general goods retailer that also performs	118
some motor vehicle repair;	119

(13) An automobile club or association that provides motor	120
vehicle repair services for its members;	121

(14) A used motor vehicle dealer licensed pursuant to	122
sections 4517.01 to 4517.45 of the Revised Code. A used motor	123
vehicle dealer whose business receives fifty per cent or more of	124
its gross revenue from motor vehicle repairs is a motor vehicle	125
repair operator for purposes of this section.	126

(G)(H) "Motor vehicle collision repair facility" means a	127
locationall mobile or stationary locations from which five or	128
more separate motor vehicle collision repairs are performed on	129
motor vehicles in a twelve-month period, commencing with the day	130
of the month in which the first such repair is madecalendar year.	131

(H)(I) "Motor vehicle window tint installation facility"	132
means a locationall mobile or stationary locations from which	133
five or more separate motor vehicle window tint installations are	134
performed on motor vehicles in a twelve-month period, commencing	135
with the day of the month in which the first such installation is	136
madecalendar year.	137

Sec. 4775.02.  (A) No person shall act as a motor vehicle	138
collision repair operator or motor vehicle window tint operator	139
unless the person is registered in accordance with this chapter.	140

(B) Each motor vehicle repair facility shall be registered	141
separately with the motor vehicle repair board. A facility that	142
conducts both body repairs and mechanical repairs at the same	143
location is required to obtain only one registration from the	144
board.	145

(C) Any person or entity that conducts or attempts to conduct	146
business as a motor vehicle collision repair operator or motor	147
vehicle window tint operator in violation of this chapter performs	148
an unfair and deceptive act or practice in violation of section	149
1345.02 of the Revised Code.	150

Sec. 4775.03.  (A) There is hereby created the motor vehicle	151
repair board consisting of seven members appointed by the	152
governor, with the advice and consent of the senate. Each member	153
of the board shall be a resident of the state. Five members shall	154
be motor vehicle collision repair operators. One member shall	155
possess expertise in motor vehicle mechanical repair, and one	156
member shall be a representative of the public who has no	157
financial interest in the motor vehicle repair industry.	158

(B) Within ninety days after December 18, 1997, the governor	159
shall make initial appointments to the board. Of the initial	160
appointees, two are for terms ending on January 1, 1998, two are	161
for terms ending on January 1, 1999, two are for terms ending on	162
January 1, 2000, and one is for a term ending on January 1, 2001.	163
Thereafter, terms of office are for three years, with each term	164
ending on the same day of the same month as did the term that it	165
succeeds. Each member shall hold office from the date of	166
appointment until the end of the term for which the member was	167
appointed. Vacancies shall be filled in the manner prescribed for	168
original appointments. Any member appointed to fill a vacancy	169
occurring prior to the expiration of the term for which the	170
member's predecessor was appointed shall hold office for the	171
remainder of the term. A member shall continue in office	172
subsequent to the expiration date of the member's term until the	173
member's successor takes office, or until a period of sixty days	174
has elapsed, whichever occurs first. No person shall serve as a	175
member of the board for more than two consecutive full three-year	176
terms.	177

(C) In making appointments to the board under division (B) of	178
this section, the governor shall select the motor vehicle	179
collision repair operator members and the member with expertise in	180
motor vehicle mechanical repair as provided in this division.	181
Within thirty days after December 18, 1997, the automotive service	182
association of Ohio, inc., shall submit a list containing two	183
names for the motor vehicle mechanical repair member and twelve	184
names for the motor vehicle collision repair members and the	185
governor may appoint individuals from the list to fill those six	186
positions. Thereafter, within sixty days of a vacancy occurring as	187
a result of the expiration of a term and within thirty days after	188
other vacancies occurring on the board, the automotive service	189
association of Ohio, inc., shall submit a list containing three	190
names for each vacancy and the governor may appoint one of the	191
individuals from the list to fill the vacancy. If the automotive	192
service association of Ohio, inc., for its respective appointees,	193
fails to make the recommendations to the governor within the time	194
limits set by this division, the governor shall appoint an	195
individual of the governor's own choosing provided that the	196
individual meets the qualifications of division (A) of this	197
section.	198

(D) Before entering upon the duties of office, each member	199
shall take an oath of office as required by section 3.22 of the	200
Revised Code. The governor may remove any member for misconduct,	201
neglect of duty, incapacity, or malfeasance in accordance with	202
section 3.04 of the Revised Code.	203

(E) The board shall meet at least four times each year, and	204
additional meetings may be held upon the written request of any	205
four members of the board or upon the call of the chairperson. The	206
board shall elect from among its membership a chairperson and	207
vice-chairperson, each of whom shall serve for a term of one year.	208
A majority of the members of the board constitutes a quorum to	209
transact and vote on the business of the board. The chairperson	210
may appoint committees as the chairperson considers necessary to	211
carry out the duties of the board.	212

(F) Each member of the board shall receive a per diem amount	213
fixed pursuant to section 124.15 of the Revised Code when actually	214
attending to matters of the board and for the time spent in	215
necessary travel, and all actual and necessary expenses incurred	216
in the discharge of the member's duties.	217

Sec. 4775.04. (A) The motor vehicle repair board shall do	218
all of the following:	219

(1)(A) Adopt rules in accordance with Chapter 119. of the	220
Revised Code as necessary to carry out the purposes of this	221
chapter. The rules shall includemay address all of the following:	222

(1) The requirements for the type of liability insurance	223
required under division (A) of section 4775.07 of the Revised	224
Code. The rules shall permit the use of an insurance policy issued	225
by any insurer authorized to issue that type of insurance in this	226
state.	227

(2) Consumer education and protection, including inside and	228
outside signage for the benefit of consumers and the establishment	229
of a toll-free telephone number for consumers to call to voice	230
complaints about an operator;	231

(3) Relevant aspects of registration of motor vehicle repair	232
operators, including the identification by national institute of	233
automotive service excellence category of services provided or	234
their equivalents; persons whom the board determines are exempt	235
from the requirements of this chapter, in addition to those	236
persons described in division (F) of section 4775.01 of the	237
Revised Code; and the form for license applications;	238

(4) The contents of all estimates, whether for body repair,	239
mechanical repair, or both;	240

(5) The contents of all invoices;

241

(6) Compliance by operators with all local ordinances or	242
resolutions, state statutes and rules, and federal statutes and	243
regulations;	244

(7) The certification of technicians;

245

(8) Minimum training requirements for technicians and	246
administrative staff;	247

(9) Appropriate equipment requirements for operators who	248
perform body repair and those who perform mechanical repair.	249

(B) Appoint an executive director to serve at the pleasure of	250
the board;	251

(3)(C) Direct the executive director as to how the executive	252
director shall perform the duties imposed under this chapter;	253

(4)(D) Consider and make recommendations in regard to all	254
matters submitted to the board by the executive director;	255

(5)(E) Determine whether to refuse to issue or renew a	256
registration certificate or determine whether to waive a	257
suspension of a registration certificate as provided in division	258
(D) of section 4775.07 of the Revised Code;	259

(6)(F) Do all acts and perform all functions as are necessary	260
for the administration and enforcement of this chapter.	261

(B) Nothing in this chapter shall be interpreted as granting	262
the board any authority over a motor vehicle collision repair	263
operator concerning the quality of work performed in the repair	264
of, or installation of parts on, motor vehicles.	265

Sec. 4775.05.  (A) The motor vehicle repair board shall	266
appoint an individual who is not a member of the board as a	267
full-time employee of the board to serve as the executive director	268
of the board. The executive director shall serve at the pleasure	269
and direction of the board. The director of administrative	270
services shall establish the executive director's salary in a pay	271
range as provided in division (J) of section 124.15 of the Revised	272
Code. The executive director, subject to the approval of the	273
board, shall determine the office space, supplies, and	274
professional and clerical assistance necessary to effectively	275
perform the executive director's duties.	276

(B) The executive director shall perform all the following	277
duties:	278

(1) Review and submit to the board, for its approval,	279
applications for registration pursuant to section 4775.07 of the	280
Revised Code;	281

(2) Issue registration certificates, as approved by the	282
board, to persons who meet the qualifications for registration	283
under division (A) of section 4775.07 of the Revised Code;	284

(3) Maintain a written record of all persons registered	285
pursuant to section 4775.07 of the Revised Code. The record shall	286
include the name, address, and motor vehicle repair registration	287
certificate number of each registered motor vehicle repair	288
operator. The executive director shall make this record available	289
to any person upon request and payment of a fee sufficient to	290
cover the cost of copying the record.	291

(4) Collect all fees pursuant to section 4775.08 of the	292
Revised Code;	293

(5) Appoint enforcement officersinvestigators as needed to	294
assist the executive director in carrying out this chapter, who	295
shall serve at the pleasure of the director;	296

(6) Gather evidence of violations of this chapter by any	297
person or motor vehicle repair operator, or any partner or officer	298
of any motor vehicle repair operator, and, upon reasonable belief	299
that a violation has occurred, present the evidence to the board	300
for its consideration and possible action by the board under	301
section 4775.02 of the Revised Code. Nothing in division (B)(6) of	302
this section shall be construed as authorizing the executive	303
director or the board to enforce any provision of law other than	304
this chapter. If, however, the executive director or board, in	305
conducting investigations under those sections, determines or	306
suspects that a person has violated any other provision of law,	307
the executive director or board shall notify the governmental	308
entity that is responsible for enforcement of that provision of	309
law.	310

(7) Serve as secretary of the board and maintain a written	311
record of all of the proceedings of the board;	312

(8) Notify all motor vehicle repair operators of changes in	313
this chapter and rules adopted pursuant to this chapter;	314

(9) Do all other things requested by the board for the	315
administration and enforcement of this chapter.	316

(C) The executive director may provide information that is	317
relevant to motor vehicle collision repair to motor vehicle	318
collision repair operators or other persons, that is relevant to	319
motor vehicle window tint installation to motor vehicle window	320
tint installation operators or other persons, and may communicate	321
with any person, or respond to communications from any person, in	322
matters pertaining to motor vehicle collision repair or window	323
tint installation.	324

Sec. 4775.06.  An enforcement officerinvestigator appointed	325
by the executive director to assist the executive director in	326
carrying out this chapter shall report to the executive director	327
and the motor vehicle repair board the name and address of any	328
motor vehicle repair operator that the officerinvestigator has	329
reasonable grounds to believe is operating in violation of this	330
chapter, and shall notify the operator of the suspected violation.	331
The report shall be based on investigation practices and	332
procedures approved by the board. Within sixty days after	333
notification is sent, an enforcement officerinvestigator shall	334
determine whether the motor vehicle repair operator who has been	335
notified of a suspected violation has come into compliance with	336
the requirements of this chapter. If the motor vehicle repair	337
operator fails to correct the suspected violation within sixty	338
days after the date the operator receives the notification, the	339
enforcement officerinvestigator shall notify the executive	340
director and the board of the operator's failure to correct the	341
suspected violation. Upon receiving a second notification of an	342
operator's failure to comply with this chapter, the executive	343
director shall notify the government entity having enforcement	344
authority over the condition or activity giving rise to the	345
suspected violation in writing of the condition or activity, the	346
nature of the suspected violation, and the name and address of the	347
operator suspected of violating this chapter. An enforcement	348
officerinvestigator shall monitor periodically the progress of	349
any action taken in connection with the suspected violation with	350
the appropriate government entity, including any investigation or	351
charges that are filed in connection with the suspected violation.	352
Upon obtaining such information, the executive director or the	353
enforcement officerinvestigator monitoring such progress shall	354
notify the board of the progress of the suspected violation and	355
any accompanying investigation, charges, or other action taken in	356
connection with the suspected violation.	357

Sec. 4775.07.  (A) Any person required to be registered as a	358
motor vehicle repair operator shall apply to the motor vehicle	359
repair board upon application forms prescribed by the board. The	360
forms shall contain sufficient information to identify the	361
applicant, including name, address, state tax identification	362
number, and any other identifying data prescribed by rule of the	363
board. If the applicant is a partnership, identifying data as	364
prescribed by the board may be required for each partner. If the	365
applicant is a corporation, identifying data may be required for	366
each officer of the corporation and each person in charge of each	367
place of the motor vehicle repair operator's business in this	368
state. If the applicant is licensed as a used motor vehicle dealer	369
pursuant to sections 4517.01 to 4517.45 of the Revised Code, the	370
applicant shall include on the application the applicant's used	371
motor vehicle dealer license number as assigned by the bureau of	372
motor vehicles. The applicant shall affirm the application by	373
oath. The applicant shall include with the application the initial	374
registration fee set forth in section 4775.08 of the Revised Code	375
and proof satisfactory to the board that the applicant has a	376
current state and federal tax identification number, a valid	377
vendor's license issued pursuant to section 5739.17 of the Revised	378
Code, a United States environmental protection agency	379
identification number issued under the "Resource Conservation and	380
Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as	381
amended, and regulations adopted under that act, proof of	382
possession of all permits required under Chapter 3704. of the	383
Revised Code, general liability insurance and liability insurance	384
that protects a person against liability for damage to motor	385
vehicles in the applicant's care, custody, or control in an amount	386
and form that conforms to the rules the board adopts under section	387
4775.04 of the Revised Code, and coverage under Chapters 4123. and	388
4141. of the Revised Code. In addition, the applicant shall affirm	389
that the applicant is in compliance with all applicable federal	390
and state statutes and rules and all local ordinances and	391
resolutions, including all applicable zoning regulations.	392

(B) Upon receipt of the completed application form and fees	393
and after the board determines that the applicant meets the	394
requirements for registration under division (A) of this section,	395
the board shall direct the executive director to issue a	396
registration certificate to the applicant for each place of	397
business. The motor vehicle repair operator shall display the	398
registration certificate in a conspicuous place on the premises of	399
the business for which the registration is obtained.	400

(C) Each registration certificate issued under this section	401
expires annually on the date of its original issuance and may be	402
renewed in accordance with the standard renewal procedure of	403
Chapter 4745. of the Revised Code. The application for a renewal	404
of a registration certificate shall be accompanied by the same	405
information and proof as is required to accompany an initial	406
application under division (A) of this section.	407

(D) When a motor vehicle repair operator experiences a change	408
in any information or data required under division (A) of this	409
section or by rule of the board for registration as a motor	410
vehicle repair operator, the motor vehicle repair operator shall	411
submit written notification of the change to the board within	412
sixty days after the date that the information becomes obsolete.	413
If a motor vehicle repair operator fails to submit the written	414
notification of a change in information or data within sixty days	415
after the change in information or data, the operator's	416
registration certificate is automatically suspended, except that	417
the board may waive the suspension for good cause shown.	418

(E) Notwithstanding section 5703.21 of the Revised Code, the	419
department of taxation may disclose to the board any information	420
necessary for the board to verify the existence of an applicant's	421
valid vendor's license and current state tax identification	422
number.	423

Sec. 4775.08.  (A) The initial and annual renewal fee for a	424
motor vehicle repair registration certificate and for a temporary	425
motor vehicle repair registration certificate is one hundred fifty	426
dollars for each business location at which the motor vehicle	427
repair operator conducts business as an operator, except that the	428
motor vehicle repair board, with the approval of the controlling	429
board, may establish fees in excess of or less than that amount,	430
provided that such fees do not exceed or are not less than that	431
amount by more than fifty per centtwo hundred dollars. The board	432
shall issue a new, renewal, or temporary registration certificate	433
to a used motor vehicle dealer licensed under Chapter 4517. of the	434
Revised Code without payment of any fee.	435

The board shall adjust the fees as necessary in order to	436
provide for the expenses associated with carrying out this	437
chapter.	438

(B) If the board has notified or attempted to notify a motor	439
vehicle repair operator that the operator is required to be	440
registered under this chapter, and the operator fails to register,	441
the initial fee for the registration of such an unregistered	442
operator for each business location at which the operator conducts	443
business as an operator, is the initial fee then in effect plus an	444
additional amount equal to the initial fee then in effect for each	445
calendar year that the operator is not registered after the board	446
has notified or attempted to notify the operator. The board may	447
impose a late fee for a registration that is overdue under this	448
division.	449

(C) The board shall deposit all fees and fines collected	450
under this chapter into the occupational licensing and regulatory	451
fund created by section 4743.05 of the Revised Code.	452

Sec. 4775.09.  (A)(1) In accordance with Chapter 119. of the	453
Revised Code, the motor vehicle repair board may refuse to issue	454
or renew a registration certificate or may determine whether to	455
waive a suspension of a registration certificate as provided in	456
division (D) of section 4775.07 of the Revised Code.	457

(2) Within ten days after receipt of an abstract from a	458
county court judge, mayor of a mayor's court, or clerk of a court	459
of record indicating a violation of division (D) of section	460
4513.241 of the Revised Code, the board shall determine whether	461
the person named in the abstract is registered with the board and,	462
if the person is so registered, shall further determine whether	463
the person previously has been convicted of or pleaded guilty to a	464
violation of that section. If the person previously has been	465
convicted of or pleaded guilty to a violation of that section, the	466
board, in accordance with Chapter 119. of the Revised Code but	467
without a prior hearing, shall suspend the person's registration	468
for a period of not more than one hundred eighty days.	469

(B) The court of common pleas of Franklin county has	470
exclusive jurisdiction over any person who conducts, or attempts	471
to conduct, business as a motor vehicle repair operator in	472
violation of this chapter or any rule adopted under this chapter.	473
The court, on application of the board, may issue an injunction, a	474
cease and desist order, or other appropriate order restraining the	475
person from continuing the violation. This section shall operate	476
in addition to and shall not prohibit the enforcement of any other	477
law.	478

(C) Upon the request of the executive director or as a result	479
of complaints, the board shall investigate the alleged violation.	480

(D) No person required to be registered under this chapter	481
shall have the benefit of any lien for labor or materials unless	482
the person is registered under this chapter.	483

(E) No person whose application for registration under this	484
chapter is denied shall open or operate a facility for business as	485
a motor vehicle collision repair facility or motor vehicle window	486
tint installation facility under the name of the person designated	487
in the application for a registration certificate or under any	488
other name prior to registering as a motor vehicle repair operator	489
in accordance with this chapter.	490

Sec. 4775.10.  (A) A motor vehicle repair operator who	491
substantially complies with the requirements of this chapter for	492
registration as a motor vehicle repair operator and who is making	493
a good faith effort toward achieving compliance with all	494
requirements of this chapter may obtain a temporary motor vehicle	495
repair registration certificate. Following the application of, and	496
payment of a fee by a motor vehicle repair operator, the motor	497
vehicle repair board, in its discretion, may direct the executive	498
director to issue a temporary registration certificate to a motor	499
vehicle repair operator the board finds to be in substantial	500
compliance with the requirements of this chapter for registration	501
and who is making a good faith effort toward achieving compliance	502
with all requirements of this chapter. A temporary motor vehicle	503
repair registration issued on or after the effective date of this	504
amendment is valid for one year and may be renewed at the	505
discretion of the board.	506

Except as otherwise provided in division (C) of this section,	507
a temporary registration certificate is effective for one year	508
from the date of issuance or until the date the motor vehicle	509
repair operator obtains a regular motor vehicle repair	510
registration certificate under this chapter, whichever date occurs	511
first. If a motor vehicle repair operator obtains a regular	512
registration certificate prior to the expiration of the operator's	513
temporary registration certificate, a portion of the fee paid by	514
the motor vehicle repair operator to obtain the temporary	515
registration certificate shall be applied to the fee imposed under	516
section 4775.08 of the Revised Code to obtain a regular	517
registration certificate in an amount that corresponds to the	518
portion of the year the operator is not utilizing the temporary	519
registration certificate.	520

Upon receiving direction from the board, the executive	521
director shall issue a temporary registration certificate.	522

(B) The board shall adopt rules in accordance with Chapter	523
119. of the Revised Code that specify criteria a motor vehicle	524
repair operator shall meet in order to be considered to be in	525
substantial compliance with the registration requirements of this	526
chapter, and that specify criteria a motor vehicle repair operator	527
shall meet in order to be considered as making a good faith effort	528
toward achieving compliance with all requirements of this chapter.	529
The board shall consider the impact of the rules it adopts under	530
this division on encouraging competition betweenamong all motor	531
vehicle repair operators and not impairing the ability of	532
operators who have been in the motor vehicle repair business for	533
less than one year to succeed in the market place.	534

(C) A temporary motor vehicle repair registration may be	535
renewed not more than four consecutive times. A motor vehicle	536
repair operator may apply for the renewal of a temporary	537
registration certificate prior to the expiration of a temporary	538
registration certificate. The board shall consider an application	539
for the renewal of a temporary registration certificate. The board	540
may direct the executive director to renew a temporary	541
registration certificate of an applicant who meets the	542
requirements set forth in division (A) of this section for	543
obtaining a temporary registration certificate. Upon	544
recommendation by the board, the executive director shall issue a	545
renewal of an applicant's temporary registration certificate.	546
Neither the board nor the executive director shall renew a	547
person's temporary registration certificate more than four	548
consecutive times.	549

A renewal of a temporary motor vehicle repair registration	550
certificate is effective for one year from the date of issuance of	551
the renewal of registration. A temporary registration certificate	552
shall continue in effect during the period in which an applicant	553
is being considered for renewal if the applicant applies for	554
renewal prior to the expiration of the temporary registration	555
certificate.	556

Sec. 4775.11.  It is the intent of the general assembly to	557
preempt any local ordinance, resolution, or other law adopted or	558
enacted after December 18, 1997, that is limited to the	559
registration of persons engaged in business as motor vehicle	560
repair operators in a manner corresponding to the provisions of	561
this chapter. This chapter does not preempt any local law adopted	562
or enacted prior to December 18, 1997, for motor vehicle collision	563
repair operators or the effective date of this amendmentMarch 22,	564
2013, for motor vehicle window tint operators, or that may require	565
registration or licensure as a component of imposing additional	566
requirements on persons engaged in business as motor vehicle	567
repair operators or technicians. Nor does it preempt the	568
enforcement of any local law regulating motor vehicle repair	569
operators or technicians, including building, zoning, health,	570
safety, or other similar codes or laws.	571

Section 2. That existing sections 4775.01, 4775.02, 4775.03,	572
4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and	573
4775.11 of the Revised Code are hereby repealed.	574

Section 3. That section 4775.03 of the Revised Code as it	575
results from Section 1 of this act be amended to read as follows:	576

Sec. 4775.03.  (A) There is hereby created the motor vehicle	577
repair board consisting of seven members appointed by the	578
governor, with the advice and consent of the senate. Each member	579
of the board shall be a resident of the state. FiveTwo members	580
shall be motor vehicle body repair operators. One member, two	581
members shall possess expertise inbe motor vehicle mechanical	582
repair operators, two members each of whom shall be either a motor	583
vehicle window tint operator or a person who owns or manages an	584
auto glass repair or replacement business, and one member shall be	585
a representative of the public who has no financial interest in	586
the motor vehicle repair industry.	587

(B) Within ninety days after December 18, 1997, theThe	588
governor shall make initial appointments to the board. Of the	589
initial appointees, twothree are for terms ending on January 1,	590
19982015, two are for terms ending on January 1, 19992016, and	591
two are for terms ending on January 1, 2000, and one is for a term	592
ending on January 1, 20012017. Thereafter, terms of office are	593
for three years, with each term ending on the same day of the same	594
month as did the term that it succeeds. Each member shall hold	595
office from the date of appointment until the end of the term for	596
which the member was appointed. Vacancies shall be filled in the	597
manner prescribed for original appointments. Any member appointed	598
to fill a vacancy occurring prior to the expiration of the term	599
for which the member's predecessor was appointed shall hold office	600
for the remainder of the term. A member shall continue in office	601
subsequent to the expiration date of the member's term until the	602
member's successor takes office, or until a period of sixty days	603
has elapsed, whichever occurs first. No person shall serve as a	604
member of the board for more than two consecutive full three-year	605
terms.	606

(C) In making appointments to the board under division (B) of	607
this section, the governor shall select six of the motor vehicle	608
collision repair operator members and the member with expertise in	609
motor vehicle mechanical repair as provided in this division.	610
Within thirty days after December 18, 1997, theThe automotive	611
service association of Ohio, inc., shall submit a list containing	612
two names for the motor vehicle mechanical repair member and	613
twelve names formembers, the motor vehicle collisionbody repair	614
members, and the members who are either a motor vehicle window	615
tint operator or a person who owns or manages an auto glass repair	616
or replacement business, and the governor may appoint individuals	617
from the list to fill those six positions. Thereafter, within	618
sixty days of a vacancy occurring as a result of the expiration of	619
a term and within thirty days after other vacancies occurring on	620
the board, the automotive service association of Ohio, inc., shall	621
submit a list containing three names for each vacancy and the	622
governor may appoint one of the individuals from the list to fill	623
the vacancy. If the automotive service association of Ohio, inc.,	624
for its respective appointees, fails to make the recommendations	625
to the governor within the time limits set by this division, the	626
governor shall appoint an individual of the governor's own	627
choosing provided that the individual meets the qualifications of	628
division (A) of this section.	629

(D) Before entering upon the duties of office, each member	630
shall take an oath of office as required by section 3.22 of the	631
Revised Code. The governor may remove any member for misconduct,	632
neglect of duty, incapacity, or malfeasance in accordance with	633
section 3.04 of the Revised Code.	634

(E) The board shall meet at least four times each year, and	635
additional meetings may be held upon the written request of any	636
four members of the board or upon the call of the chairperson. The	637
board shall elect from among its membership a chairperson and	638
vice-chairperson, each of whom shall serve for a term of one year.	639
A majority of the members of the board constitutes a quorum to	640
transact and vote on the business of the board. The chairperson	641
may appoint committees as the chairperson considers necessary to	642
carry out the duties of the board.	643

(F) Each member of the board shall receive a per diem amount	644
fixed pursuant to section 124.15 of the Revised Code when actually	645
attending to matters of the board and for the time spent in	646
necessary travel, and all actual and necessary expenses incurred	647
in the discharge of the member's duties.	648

Section 4. That existing section 4775.03 of the Revised Code	649
as it results from Section 1 of this act is hereby repealed.	650

Section 5. Sections 3 and 4 of this act take effect July 1,	651
2014.	652

Section 6. The Motor Vehicle Repair Board in existence on	653
June 30, 2014, is hereby dissolved as of July 1, 2014, and the	654
Motor Vehicle Repair Board created in section 4775.03 of the	655
Revised Code in Section 3 of this act shall take the dissolved	656
Board's place and assume its duties.	657

The Governor shall make the appointments to the Motor Vehicle	658
Repair Board for the terms of office prescribed in section 4775.03	659
of the Revised Code as contained in Section 3 of this act not	660
later than July 1, 2014. In order to permit the Governor to make	661
the appointments as described in this section, the organizations	662
specified in division (C) of section 4775.03 of the Revised Code	663
as contained in Section 3 of this act shall submit the lists	664
described in section 4775.03 of the Revised Code contained in	665
Section 3 of this act to the Governor not later than April 1,	666
2014.	667