130th Ohio General Assembly
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Am. H. B. No. 318  As Passed by the House
As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. 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 



A BILL
To amend sections 4503.312 and 4517.22 of the Revised Code to permit a new motor vehicle dealer to display new motor vehicles at a location other than the dealer's licensed location if such display is for an educational institution, to alter the statutory procedures governing motor vehicle shows, and to clarify the law governing the retail sale of utility and certain other trailers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.312 and 4517.22 of the Revised Code be amended to read as follows:
Sec. 4503.312.  As used in this section:
(A) "Utility trailer" means any trailer, except a travel trailer or trailer for transporting watercraft, having a gross weight of less than four thousand pounds.
(B) "Snowmobile" and "all-purpose vehicle" have the same meaning meanings as in section 4519.01 of the Revised Code.
(C) "Distributor" means any person authorized by a manufacturer of utility trailers or trailers for transporting motorcycles, snowmobiles, or all-purpose vehicles to distribute new trailers to persons for purposes of resale.
A manufacturer or, distributor, or retail seller of utility trailers or trailers for transporting motorcycles, snowmobiles, or all-purpose vehicles may apply for registration with the registrar of motor vehicles for each place in this state where the manufacturer or, distributor, or retail seller carries on the business of manufacturing or, distributing, or selling at retail such trailers. Applications for annual registration shall be made at the time provided for payment of the tax imposed by section 4503.09 of the Revised Code; shall be in the manner to be prescribed by the registrar; and shall be accompanied by an affidavit certifying that the applicant is a manufacturer or, distributor, or retail seller of utility trailers or trailers for transporting motorcycles, snowmobiles, or all-purpose vehicles. The fee for such registration shall be twenty-five dollars and shall not be reduced when the registration is for a part of a year.
Upon the filing of the application and affidavit, and payment of the fee and appropriate postage as required by the registrar, the registrar shall assign to the applicant a distinctive number which shall be displayed on the rear of each trailer when it is operated on the public highway. Any trailer for transporting motorcycles, snowmobiles, or all-purpose vehicles that is not loaded may be operated on the public highway until it is sold or transferred; and any utility trailer that is not loaded, or that is being used to transport another utility trailer for purposes of demonstration or delivery, may be operated on the public highway until it is sold or transferred.
At the time the registrar assigns the distinctive number, the registrar shall furnish one placard with the number thereon. The manufacturer or, distributor, or retail seller may procure a reasonable number of certified copies of the registration certificate upon the payment of a fee of five dollars and postage. With each of such certified copies, the registrar shall furnish one placard with the same number provided in the original registration certificate, and shall add thereto such special designation as necessary to distinguish one set of placards from another. All placards furnished by the registrar pursuant to this section shall be so marked as to be distinguishable from placards issued to dealers in or manufacturers of motor vehicles or trailers for transporting watercraft.
The fees collected by the registrar pursuant to this section shall be paid into the state bureau of motor vehicles fund established by section 4501.25 of the Revised Code and used for the purposes described in that section.
Sec. 4517.22.  (A) As used in this section:
(1) "General market area" means a reasonable contiguous geographical area established by a motor vehicle show representative that is based upon the size of the show and that does not unreasonably exclude any licensed new motor vehicle dealer selling the same line-make as another licensed new motor vehicle dealer located within the area.
(2) "Gross vehicle weight" means the unladen weight of a motor vehicle fully equipped.
(3) "Livestock trailer" means a new or used trailer designed by its manufacturer to be used to transport horses or to transport animals generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, swine, and any other animals included by the director of agriculture in rules adopted under section 901.72 of the Revised Code.
(4) "Major livestock show" means any show of livestock that is held at the Ohio state fairgrounds, is national in scope, and that continues for more than ten consecutive days.
(5) "Show representative" means a sponsor, promoter, or representative of a group of motor vehicle dealers who acts on behalf of the group and is responsible for the coordination of a motor vehicle show.
(6) "Truck" has the same meaning as in section 4511.01 of the Revised Code.
(B) Any group of licensed new motor vehicle dealers may display motor vehicles at a motor vehicle show within the general market area allocated to a licensed new motor vehicle dealer, whenever all both of the following conditions are met:
(1) The primary purpose of the motor vehicle show is the exhibition of competitive makes and models of motor vehicles to provide the general public the opportunity to review and inspect various makes and models of motor vehicles at a single location contemporaneously for a period not to exceed fourteen days;
(2) Not less than thirty days before the planned opening date of the motor vehicle show, the group requests show representative executes and receives permission to hold the show from files with the registrar of motor vehicles an affidavit, in a form prescribed by the registrar, that certifies that all requirements of this section have been or will be met, as applicable.
If the registrar approves the affidavit, the registrar shall grant the show representative permission to conduct the motor vehicle show. If the registrar determines that there is a deficiency in the affidavit, the registrar shall inform the show representative of the deficiency as soon possible after the registrar receives the affidavit so that the show representative has the opportunity to remedy the deficiency. The registrar also shall describe with specificity the measures the show representative is required to take in order to cure the deficiency. The show representative shall return the corrected affidavit to the registrar not later than fourteen days before the planned opening date of the motor vehicle show in order for the show representative to be eligible to hold the show. If the registrar finds that the deficiency has been cured in the corrected affidavit, the registrar shall grant the show representative permission to conduct the motor vehicle show. If the registrar finds that the deficiency has not been cured, the registrar shall deny the show representative permission to conduct the motor vehicle show.
(B)(C) No contracts shall be signed, deposits taken, or sales consummated at the location of a motor vehicle show.
(C) Any sponsor of a motor vehicle (D) The show representative shall offer by mail an invitation to all new motor vehicle dealers dealing in competitive types of motor vehicles in the general market area to participate and display motor vehicles in the show. The sponsor show representative may offer a similar invitation to manufacturers or distributors. A copy of each invitation shall be retained by the sponsor show representative for at least one year after the show.
(D) No person except a (E) A manufacturer or distributor shall may hold in any public place a motor vehicle show at which only one motor vehicle is displayed, and but no such single unit show shall be held unless the manufacturer or distributor requests executes and receives permission from files with the registrar not less than thirty days before the show an affidavit, in a form prescribed by the registrar, that certifies that all requirements of this section have been or will be met, as applicable.
(E) The registrar shall not grant permission for any motor vehicle show to be held, unless it is proven to the registrar's satisfaction that (F) An affidavit filed pursuant to this section shall contain a statement that during the motor vehicle show or during the time a motor vehicle otherwise is displayed under this section no attempt is being shall be made to circumvent the provisions of sections 4517.01 to 4517.45 of the Revised Code.
(F)(G) Nothing contained in this section shall be construed as prohibiting the taking of orders for nonmotorized recreational vehicles as defined in section 4501.01 of the Revised Code at sports or camping shows.
(G)(H) No motor vehicle dealer, motor vehicle leasing dealer, motor vehicle auction owner, or distributor licensed under sections 4517.01 to 4517.45 of the Revised Code shall display a motor vehicle at any place except the dealer's, owner's, or distributor's licensed location, unless the dealer, owner, or distributor first obtains permission from the registrar and complies with the applicable rules of the motor vehicle dealers board.
(H)(I) Nothing contained in this section shall be construed as prohibiting the display of, the taking of orders for, or the sale of, livestock trailers at livestock and agricultural shows, including county fairs. Notwithstanding section 4517.03 of the Revised Code, livestock trailers may be sold at livestock and agricultural shows, including county fairs, as permitted by this division.
As used in this division, "livestock trailer" means a new or used trailer designed by its manufacturer to be used to transport horses or to transport animals generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, swine, and any other animals included by the director of agriculture in rules adopted under section 901.72 of the Revised Code.
(I)(J) Notwithstanding division (B)(C) of this section, contracts may be signed, deposits taken, and sales consummated at the location of a motor vehicle show where the motor vehicles involved are horse trailers or towing vehicles that are trucks and have a gross vehicle weight of more than three-quarters of a ton, the motor vehicle show is being held as part of or in connection with a major livestock show, the licensed new motor vehicle dealers involved have complied with the applicable requirements of this section, and the registrar has granted permission for the motor vehicle show in accordance with division (E)(F) of this section.
As used in this division:
(1) "Major livestock show" means any show of livestock that is held at the Ohio state fairgrounds, is national in scope, and that continues for more than ten consecutive days.
(2) "Truck" has the same meaning as in section 4511.01 of the Revised Code.
(3) "Gross vehicle weight" means the unladen weight of the vehicle fully equipped.
(J)(K)(1) Notwithstanding division (H) of this section, a new motor vehicle dealer may display more than one new motor vehicle at a location other than the dealer's licensed location, and permit test drives to be taken at the location of the display, if the dealer executes and files with the registrar an affidavit not less than fourteen days before the first day of the display. The affidavit shall be in a form prescribed by the registrar, and the dealer shall file a statement with the affidavit attesting to the location of the display and the number of vehicles that will be included in the display. The affidavit shall certify to the registrar all of the following:
(a) The display is promoted by a motor vehicle manufacturer for the benefit of an educational institution.
(b) The display will be held on the grounds of that educational institution.
(c) Any donations made by the manufacturer to the educational institution will be based on a per test drive basis.
(d) No contracts will be signed, deposits taken, or sales consummated at the location of the display.
(e) The display will occur in the county where the dealer is licensed or in a contiguous county.
(f) The display will continue for not more than three days, and all days will be consecutive.
(2) A dealer shall maintain all records of a display held pursuant to division (K)(1) of this section, including a copy of the affidavit, for a period of three years. Upon request of the registrar or an authorized agent of the registrar, the records shall be made available for reasonable inspection or shall be provided to the registrar or the authorized agent. The records shall include the location and dates of the display.
(3) A dealer may display motor vehicles pursuant to division (K)(1) of this section for a total of not more than five days per calendar year.
(L) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
Section 2.  That existing sections 4503.312 and 4517.22 of the Revised Code are hereby repealed.
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