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Am. S. B. No. 245 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Beagle, Hite, Sawyer, Bacon, Balderson, Daniels, Jordan, Oelslager, Patton
A BILL
To amend section 4517.05 of the Revised Code to
establish mandatory training for used motor
vehicle dealers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4517.05 of the Revised Code be
amended to read as follows:
Sec. 4517.05. (A) Each person applying for a used motor
vehicle dealer's license shall annually, before the first day of
April, make out and deliver to the registrar of motor vehicles,
upon a blank to be furnished by the registrar for that purpose, a
separate application for license for each county in which such
business is to be conducted. The application shall be in the form
prescribed by the registrar, shall be signed and sworn to by the
applicant, and, in addition to such other information as is
required by the registrar, shall include the information specified
in divisions (A) to (H) of section 4517.04 of the Revised Code.
The application shall be accompanied by a photograph, as
prescribed by the registrar, of each place of business operated,
or to be operated, by the applicant. An application for a used
motor vehicle dealer's license by any person who is subject to
division (B)(1) of this section shall be accompanied by
documentation, as prescribed by the motor vehicle dealers board,
showing that within the immediately preceding six months, an
owner, officer, partner, or director of the business entity
applying for the used motor vehicle dealer's license has
successfully completed a used motor vehicle dealer training
course.
(B)(1) Except as provided in divisions (B)(2) and (3) of this
section, an owner, officer, partner, or director of a business
entity applying for a used motor vehicle dealer license ninety
days or more after the effective date of this amendment shall,
within six months immediately preceding the date of applying for
the license, successfully complete a used motor vehicle dealer
training course that complies with the rules of the motor vehicle
dealers board adopted under division (C) of this section.
(2) No person applying for a used motor vehicle dealer's
license shall be required to have an owner, officer, partner, or
director of the business entity complete a used motor vehicle
dealer training course if any owner, officer, partner, or director
of the business entity held a used or new motor vehicle dealer's
license within the two-year period immediately preceding the date
of application and the previously held license was not revoked or
suspended.
(3) No person applying for a used motor vehicle dealer's
license shall be required to have an owner, officer, partner, or
director of the related business entity complete a used motor
vehicle dealer training course if the person holds a salvage motor
vehicle auction license pursuant to Chapter 4738. of the Revised
Code or a motor vehicle auction owner license pursuant to Chapter
4517. of the Revised Code.
(C)(1) In accordance with Chapter 119. of the Revised Code,
the motor vehicle dealers board shall adopt rules governing used
motor vehicle dealer training courses. The rules shall do all of
the following:
(a) Require a course provider to be an institution of higher
education, as defined in section 3345.12 of the Revised Code, or a
relevant professional or trade association that has been in
existence for more than five years and has a majority of members
who are motor vehicle dealers licensed in this state;
(b) Establish any additional qualifications for course
providers;
(c) Establish the course curriculum, which shall include
information on applicable federal and state law, including
consumer protection laws, and shall require at least six hours but
not more than twenty-four hours of instruction;
(d) Prescribe the form for the certificate of completion,
which shall require the course provider to attest that the person
named on the certificate successfully completed at least six hours
of used motor vehicle dealer training;
(e) Establish any other reasonable requirements the board
considers necessary.
(2) The board shall maintain information received from any
course provider concerning course location, content, length, and
cost and shall provide the information to any person upon request.
(3) The registrar shall not issue a used motor vehicle dealer
license to any person subject to division (B)(1) of this section
unless an owner, officer, partner, or director of a business
entity applying for the used motor vehicle dealer license has
successfully completed a used motor vehicle dealer training course
that complies with the requirements of this division.
(D)(1) Any person offering used motor vehicle dealer training
courses shall do all of the following:
(a) Conform the course to rules of the motor vehicle dealers
board;
(b) Establish reasonable fees for courses offered;
(c) Issue, on a form prescribed by the board, a certificate
of completion to each person who successfully completes a course
of instruction;
(d) Notify the board of the course location, content, length,
and cost.
(2) A course provider may use information and material from
the bureau of motor vehicles and the attorney general.
(E) Nothing in this section shall affect or apply to new
motor vehicle dealer licensing.
Section 2. That existing section 4517.05 of the Revised Code
is hereby repealed.
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