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Sub. S. B. No. 232 As Reported by the House Commerce, Labor, and Technology CommitteeAs Reported by the House Commerce, Labor, and Technology Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Patton, Lehner, Brown, Bacon, Eklund, Skindell
A BILL
To amend sections 4775.01, 4775.02, 4775.03, 4775.04,
4775.05, 4775.06, 4775.07, 4775.08, 4775.09,
4775.10, and 4775.11 of the Revised Code to extend
the jurisdiction of the Motor Vehicle Repair Board
to persons who perform motor vehicle mechanical
repairs, to require motor vehicle repair
facilities to register with the Board, and to make
other changes to the Motor Vehicle Repair and
Window Tint Operator Law, and to further amend
section 4775.03 of the Revised Code on July 1,
2015, to dissolve the existing Motor Vehicle
Repair Board and replace it with a new board of
the same name.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4775.01, 4775.02, 4775.03, 4775.04,
4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and 4775.11
of the Revised Code be amended to read as follows:
Sec. 4775.01. As used in this chapter:
(A) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(B) "Collision" means an occurrence in which two or more
objects, whether mobile or stationary, contact one another in a
manner that causes the alteration of the surface, structure, or
appearance, whether separately or collectively, of an object that
is party to the occurrence.
(C) "Collision Body repair" means any and all restorative or
replacement procedures that are performed on and affect or
potentially affect the structural, life safety, and cosmetic
components of a motor vehicle that has been damaged as a result of
a collision. "Collision Body repair" also includes any procedure
that is employed for the purpose of repairing, restoring,
replacing, or refinishing, whether wholly or separately, any
structural, life safety, or cosmetic component of a motor vehicle
to a condition approximating or replicating the function, use, or
appearance of the component prior to a collision.
(D) "Motor vehicle collision repair operator" means any
person, sole proprietorship, foreign or domestic partnership,
limited liability corporation, or other legal entity that is not
an employee or agent of a principal and performs five or more
motor vehicle collision repairs in a calendar year.
(E)(C) "Mechanical" means any original manufacturer equipment
or aftermarket systems or parts designed for use in or on a motor
vehicle, including the drive and power train, engine,
transmission, suspension, steering, brakes, illumination system,
heating and cooling system, air conditioning, climate controls,
exhaust, fuel, ignition, starting and charging, lubrication,
tires, driver and passenger restraint systems, vehicle anti-theft,
and security systems.
(D) "Mechanical repair" means any alteration or maintenance,
diagnostic, or repair service procedures that are performed on and
affect or potentially affect the operation of a motor vehicle.
(E) "Motor vehicle repair" means either a motor vehicle body
repair or a motor vehicle mechanical repair.
(F) "Motor vehicle window tint operator" means any person,
sole proprietorship, foreign or domestic partnership, limited
liability corporation, or other legal entity that is not an
employee or agent of a principal and installs tinted glass, or
transparent, nontransparent, translucent, and reflectorized
material in or on five or more motor vehicle windshields, side
windows, sidewings, and rear windows in a calendar year.
(F)(G) "Motor vehicle repair operator" means any person, sole
proprietorship, foreign or domestic partnership, limited liability
corporation, or other legal entity that is not an employee or
agent of a principal and performs repairs on five or more motor
vehicles in a calendar year, and includes a motor vehicle
collision repair operator and a motor vehicle window tint
operator, but does not mean any of the following:
(1) An employee, other than a manager, of a motor vehicle
repair operator;
(2) A new motor vehicle dealer licensed pursuant to sections
4517.01 to 4517.45 of the Revised Code, irrespective of whether or
not the new motor vehicle dealer also is licensed as a used motor
vehicle dealer pursuant to those sections;
(3) A new motor vehicle dealer licensed pursuant to sections
4517.01 to 4517.45 of the Revised Code who also is the owner, part
owner, or operator of a motor vehicle collision repair facility or
a motor vehicle window tint installation facility;
(4) A motor vehicle auction owner licensed pursuant to
sections 4517.01 to 4517.45 of the Revised Code who does not
perform motor vehicle repairs;
(5) A motor vehicle leasing dealer licensed pursuant to
sections 4517.01 to 4517.45 of the Revised Code;
(6) A motor vehicle salvage dealer licensed pursuant to
Chapter 4738. of the Revised Code;
(7) A person or lessee who owns or leases ten or more motor
vehicles used principally in connection with any established
business and who does not perform motor vehicle collision repairs
or motor vehicle window tint installation on motor vehicles other
than the motor vehicles used principally in connection with the
established business;
(8) A motor vehicle renting dealer as defined in division
(A)(2) of section 4549.65 of the Revised Code who does not perform
motor vehicle collision repairs or motor vehicle window tint
installation on motor vehicles other than the motor vehicles used
in connection with the established motor vehicle renting business;
(9) A person who performs collision repairs or motor vehicle
window tint installation on the motor vehicles of a single
commercial, industrial, or governmental establishment exclusively
and does not offer or provide motor vehicle collision repair
service or motor vehicle window tint installation to the general
public;
(10) The owner, part owner, or officer of, or instructor
employed by, an educational institution that provides instruction
in motor vehicle collision repair or motor vehicle window tint
installation while the owner, part owner, officer of, or
instructor is engaging in activity in furtherance of instruction
in motor vehicle collision repair or motor vehicle window tint
installation;
(11) Any person, sole proprietorship, foreign or domestic
partnership, limited liability corporation, or other legal entity
that is either of the following:
(a) Primarily engaged in the retail sale of new, used, or
retreaded tires and inner tubes for those tires;
(b) Engaged in the retail sale of new, used, or retreaded
tires and inner tubes for those tires in combination with
mechanical repair services.
(12) A national general goods retailer that also performs
some motor vehicle repair;
(13) An organization in which members pay in exchange for
assistance from the organization in matters relating to travel and
the operation, use, and maintenance of a motor vehicle, and for
the organization to supply other services, including all of the
following:
(a) Community traffic safety services;
(b) Travel and touring services;
(c) Theft or reward services;
(f) Emergency road services;
(h) Legal fee reimbursement in the defense of traffic
offenses;
(i) Sickness and accident or life insurance.
(14) A used motor vehicle dealer licensed pursuant to
sections 4517.01 to 4517.45 of the Revised Code that is primarily
engaged in the sale of used motor vehicles;
(15) A person, firm, copartnership, voluntary association,
joint-stock association, company, or corporation that is primarily
engaged in the towing, recovery, and storage of motor vehicles and
that has a current and valid certificate of public convenience as
required by Chapter 4921. of the Revised Code.
(G)(H) "Motor vehicle collision repair facility" means a
location all mobile or stationary locations from which five or
more separate motor vehicle collision repairs are performed on
five or more separate motor vehicles in a twelve-month period,
commencing with the day of the month in which the first such
repair is made calendar year.
(H)(I) "Motor vehicle window tint installation facility"
means a location all mobile or stationary locations from which
five or more separate motor vehicle window tint installations are
performed on motor vehicles in a
twelve-month period, commencing
with the day of the month in which the first such installation is
made calendar year.
Sec. 4775.02. (A) No person shall act as a motor vehicle
collision repair operator or motor vehicle window tint operator
unless the person is registered in accordance with this chapter.
(B) Each motor vehicle repair facility shall be registered
separately with the motor vehicle repair board. A facility that
conducts both body repairs and mechanical repairs at the same
location is required to obtain only one registration from the
board.
(C) Any person or entity that conducts or attempts to conduct
business as a motor vehicle collision repair operator or motor
vehicle window tint operator in violation of this chapter performs
an unfair and deceptive act or practice in violation of section
1345.02 of the Revised Code.
Sec. 4775.03. (A) There is hereby created the motor vehicle
repair board consisting of seven members appointed by the
governor, with the advice and consent of the senate. Each member
of the board shall be a resident of the state. Five members shall
be motor vehicle collision repair operators. One member shall
possess expertise in motor vehicle mechanical repair, and one
member shall be a representative of the public who has no
financial interest in the motor vehicle repair industry.
(B) Within ninety days after December 18, 1997, the governor
shall make initial appointments to the board. Of the initial
appointees, two are for terms ending on January 1, 1998, two are
for terms ending on January 1, 1999, two are for terms ending on
January 1, 2000, and one is for a term ending on January 1, 2001.
Thereafter, terms of office are for three years, with each term
ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. Vacancies shall be filled in the manner prescribed for
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. No person shall serve as a
member of the board for more than two consecutive full three-year
terms.
(C) In making appointments to the board under division (B) of
this section, the governor shall select the motor vehicle
collision repair operator members and the member with expertise in
motor vehicle mechanical repair as provided in this division.
Within thirty days after December 18, 1997, the automotive service
association of Ohio, inc., shall submit a list containing two
names for the motor vehicle mechanical repair member and twelve
names for the motor vehicle collision repair members and the
governor may appoint individuals from the list to fill those six
positions. Thereafter, within sixty days of a vacancy occurring as
a result of the expiration of a term and within thirty days after
other vacancies occurring on the board, the automotive service
association of Ohio, inc., shall submit a list containing three
names for each vacancy and the governor may appoint one of the
individuals from the list to fill the vacancy. If the automotive
service association of Ohio, inc., for its respective appointees,
fails to make the recommendations to the governor within the time
limits set by this division, the governor shall appoint an
individual of the governor's own choosing provided that the
individual meets the qualifications of division (A) of this
section.
(D) Before entering upon the duties of office, each member
shall take an oath of office as required by section 3.22 of the
Revised Code. The governor may remove any member for misconduct,
neglect of duty, incapacity, or malfeasance in accordance with
section 3.04 of the Revised Code.
(E) The board shall meet at least four times each year, and
additional meetings may be held upon the written request of any
four members of the board or upon the call of the chairperson. The
board shall elect from among its membership a chairperson and
vice-chairperson, each of whom shall serve for a term of one year.
A majority of the members of the board constitutes a quorum to
transact and vote on the business of the board. The chairperson
may appoint committees as the chairperson considers necessary to
carry out the duties of the board.
(F) Each member of the board shall receive a per diem amount
fixed pursuant to section 124.15 of the Revised Code when actually
attending to matters of the board and for the time spent in
necessary travel, and all actual and necessary expenses incurred
in the discharge of the member's duties.
Sec. 4775.04. (A) The motor vehicle repair board shall do
all of the following:
(1)(A) Adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to carry out the purposes of this
chapter. The rules shall include may address all of the following:
(1) The requirements for the type of liability insurance
required under division (A) of section 4775.07 of the Revised
Code. The rules shall permit the use of an insurance policy issued
by any insurer authorized to issue that type of insurance in this
state.
(2) Consumer education and protection, including inside and
outside signage for the benefit of consumers and the establishment
of a toll-free telephone number for consumers to call to voice
complaints about an operator;
(3) Relevant aspects of registration of motor vehicle repair
operators, including the identification by national institute of
automotive service excellence category of services provided or
their equivalents and the form for license applications;
(4) The contents of all estimates issued by operators,
whether for body repair, mechanical repair, or both;
(5) The contents of all invoices issued by operators;
(6) Compliance by operators with all local ordinances or
resolutions, state statutes and rules, and federal statutes and
regulations;
(7) The certification of technicians employed by operators;
(8) Minimum training requirements for technicians and
administrative staff employed by operators;
(9) Appropriate equipment requirements for operators who
perform body repair and those who perform mechanical repair.
(B) Appoint an executive director to serve at the pleasure of
the board;
(3)(C) Direct the executive director as to how the executive
director shall perform the duties imposed under this chapter;
(4)(D) Consider and make recommendations in regard to all
matters submitted to the board by the executive director;
(5)(E) Determine whether to refuse to issue or renew a
registration certificate or determine whether to waive a
suspension of a registration certificate as provided in division
(D) of section 4775.07 of the Revised Code;
(6)(F) Do all acts and perform all functions as are necessary
for the administration and enforcement of this chapter.
(B) Nothing in this chapter shall be interpreted as granting
the board any authority over a motor vehicle collision repair
operator concerning the quality of work performed in the repair
of, or installation of parts on, motor vehicles.
Sec. 4775.05. (A) The motor vehicle repair board shall
appoint an individual who is not a member of the board as a
full-time employee of the board to serve as the executive director
of the board. The executive director shall serve at the pleasure
and direction of the board. The director of administrative
services shall establish the executive director's salary in a pay
range as provided in division (J) of section 124.15 of the Revised
Code. The executive director, subject to the approval of the
board, shall determine the office space, supplies, and
professional and clerical assistance necessary to effectively
perform the executive director's duties.
(B) The executive director shall perform all the following
duties:
(1) Review and submit to the board, for its approval,
applications for registration pursuant to section 4775.07 of the
Revised Code;
(2) Issue registration certificates, as approved by the
board, to persons who meet the qualifications for registration
under division (A) of section 4775.07 of the Revised Code;
(3) Maintain a written record of all persons registered
pursuant to section 4775.07 of the Revised Code. The record shall
include the name, address, and motor vehicle repair registration
certificate number of each registered motor vehicle repair
operator. The executive director shall make this record available
to any person upon request and payment of a fee sufficient to
cover the cost of copying the record.
(4) Collect all fees pursuant to section 4775.08 of the
Revised Code;
(5) Appoint enforcement officers investigators as needed to
assist the executive director in carrying out this chapter, who
shall serve at the pleasure of the director;
(6) Gather evidence of violations of this chapter by any
person or motor vehicle repair operator, or any partner or officer
of any motor vehicle repair operator, and, upon reasonable belief
that a violation has occurred, present the evidence to the board
for its consideration and possible action by the board under
section 4775.02 of the Revised Code. Nothing in division (B)(6) of
this section shall be construed as authorizing the executive
director or the board to enforce any provision of law other than
this chapter. If, however, the executive director or board, in
conducting investigations under those sections, determines or
suspects that a person has violated any other provision of law,
the executive director or board shall notify the governmental
entity that is responsible for enforcement of that provision of
law.
(7) Serve as secretary of the board and maintain a written
record of all of the proceedings of the board;
(8) Notify all motor vehicle repair operators of changes in
this chapter and rules adopted pursuant to this chapter;
(9) Do all other things requested by the board for the
administration and enforcement of this chapter.
(C) The executive director may provide information that is
relevant to motor vehicle collision repair to motor vehicle
collision repair operators or other persons, that is relevant to
motor vehicle window tint installation to motor vehicle window
tint installation operators or other persons, and may communicate
with any person, or respond to communications from any person, in
matters pertaining to motor vehicle collision repair or window
tint installation.
Sec. 4775.06. An enforcement officer investigator appointed
by the executive director to assist the executive director in
carrying out this chapter shall report to the executive director
and the motor vehicle repair board the name and address of any
motor vehicle repair operator that the officer investigator has
reasonable grounds to believe is operating in violation of this
chapter, and shall notify the operator of the suspected violation.
The report shall be based on investigation practices and
procedures approved by the board. Within sixty days after
notification is sent, an
enforcement officer investigator shall
determine whether the motor vehicle repair operator who has been
notified of a suspected violation has come into compliance with
the requirements of this chapter. If the motor vehicle repair
operator fails to correct the suspected violation within sixty
days after the date the operator receives the notification, the
enforcement officer investigator shall notify the executive
director and the board of the operator's failure to correct the
suspected violation. Upon receiving a second notification of an
operator's failure to comply with this chapter, the executive
director shall notify the government entity having enforcement
authority over the condition or activity giving rise to the
suspected violation in writing of the condition or activity, the
nature of the suspected violation, and the name and address of the
operator suspected of violating this chapter. An
enforcement
officer investigator shall monitor periodically the progress of
any action taken in connection with the suspected violation with
the appropriate government entity, including any investigation or
charges that are filed in connection with the suspected violation.
Upon obtaining such information, the executive director or the
enforcement officer investigator monitoring such progress shall
notify the board of the progress of the suspected violation and
any accompanying investigation, charges, or other action taken in
connection with the suspected violation.
Sec. 4775.07. (A) Any person required to be registered as a
motor vehicle repair operator shall apply to the motor vehicle
repair board upon application forms prescribed by the board. The
forms shall contain sufficient information to identify the
applicant, including name, address, state tax identification
number, and any other identifying data prescribed by rule of the
board. If the applicant is a partnership, identifying data as
prescribed by the board may be required for each partner. If the
applicant is a corporation, identifying data may be required for
each officer of the corporation and each person in charge of each
place of the motor vehicle repair operator's business in this
state. If the applicant is licensed as a used motor vehicle dealer
pursuant to sections 4517.01 to 4517.45 of the Revised Code, the
applicant shall include on the application the applicant's used
motor vehicle dealer license number as assigned by the bureau of
motor vehicles. The applicant shall affirm the application by
oath. The applicant shall include with the application the initial
registration fee set forth in section 4775.08 of the Revised Code
and proof satisfactory to the board that the applicant has a
current state and federal tax identification number, a valid
vendor's license issued pursuant to section 5739.17 of the Revised
Code, a United States environmental protection agency
identification number issued under the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as
amended, and regulations adopted under that act, proof of
possession of all permits required under Chapter 3704. of the
Revised Code, general liability insurance and liability insurance
that protects a person against liability for damage to motor
vehicles in the applicant's care, custody, or control in an amount
and form that conforms to the rules the board adopts under section
4775.04 of the Revised Code, and coverage under Chapters 4123. and
4141. of the Revised Code. In addition, the applicant shall affirm
that the applicant is in compliance with all applicable federal
and state statutes and rules and all local ordinances and
resolutions, including all applicable zoning regulations.
(B) Upon receipt of the completed application form and fees
and after the board determines that the applicant meets the
requirements for registration under division (A) of this section,
the board shall direct the executive director to issue a
registration certificate to the applicant for each place of
business. The motor vehicle repair operator shall display the
registration certificate in a conspicuous place on the premises of
the business for which the registration is obtained.
(C) Each registration certificate issued under this section
expires annually on the date of its original issuance and may be
renewed in accordance with the standard renewal procedure of
Chapter 4745. of the Revised Code. The application for a renewal
of a registration certificate shall be accompanied by the same
information and proof as is required to accompany an initial
application under division (A) of this section.
(D) When a motor vehicle repair operator experiences a change
in any information or data required under division (A) of this
section or by rule of the board for registration as a motor
vehicle repair operator, the motor vehicle repair operator shall
submit written notification of the change to the board within
sixty days after the date that the information becomes obsolete.
If a motor vehicle repair operator fails to submit the written
notification of a change in information or data within sixty days
after the change in information or data, the operator's
registration certificate is automatically suspended, except that
the board may waive the suspension for good cause shown.
(E) Notwithstanding section 5703.21 of the Revised Code, the
department of taxation may disclose to the board any information
necessary for the board to verify the existence of an applicant's
valid vendor's license and current state tax identification
number.
Sec. 4775.08. (A) The initial and annual renewal fee for a
motor vehicle repair registration certificate and for a temporary
motor vehicle repair registration certificate is one hundred fifty
dollars for each business location at which the motor vehicle
repair operator conducts business as an operator, except that the
motor vehicle repair board, with the approval of the controlling
board, may establish fees in excess of or less than that amount,
provided that such fees do not exceed or are not less than that
amount by more than fifty per cent two hundred dollars.
The board
shall issue a new, renewal, or temporary registration certificate
to a used motor vehicle dealer licensed under Chapter 4517. of the
Revised Code or to an organization that provides motor vehicle
repair services and that is exempt from federal income taxation
under subsection 501(c)(3) of the Internal Revenue Code of 1986,
26 U.S.C. 1 et seq., without payment of any fee.
The board shall adjust the fees as necessary in order to
provide for the expenses associated with carrying out this
chapter.
(B) If the board has notified or attempted to notify a motor
vehicle repair operator that the operator is required to be
registered under this chapter, and the operator fails to register,
the initial fee for the registration of such an unregistered
operator for each business location at which the operator conducts
business as an operator, is the initial fee then in effect plus an
additional amount equal to the initial fee then in effect for each
calendar year that the operator is not registered after the board
has notified or attempted to notify the operator.
The board may
impose a late fee for a registration that is overdue under this
division.
(C) The board shall deposit all fees and fines collected
under this chapter into the occupational licensing and regulatory
fund created by section 4743.05 of the Revised Code.
Sec. 4775.09. (A)(1) In accordance with Chapter 119. of the
Revised Code, the motor vehicle repair board may refuse to issue
or renew a registration certificate or may determine whether to
waive a suspension of a registration certificate as provided in
division (D) of section 4775.07 of the Revised Code.
(2) Within ten days after receipt of an abstract from a
county court judge, mayor of a mayor's court, or clerk of a court
of record indicating a violation of division (D) of section
4513.241 of the Revised Code, the board shall determine whether
the person named in the abstract is registered with the board and,
if the person is so registered, shall further determine whether
the person previously has been convicted of or pleaded guilty to a
violation of that section. If the person previously has been
convicted of or pleaded guilty to a violation of that section, the
board, in accordance with Chapter 119. of the Revised Code but
without a prior hearing, shall suspend the person's registration
for a period of not more than one hundred eighty days.
(B) The court of common pleas of Franklin county has
exclusive jurisdiction over any person who conducts, or attempts
to conduct, business as a motor vehicle repair operator in
violation of this chapter or any rule adopted under this chapter.
The court, on application of the board, may issue an injunction, a
cease and desist order, or other appropriate order restraining the
person from continuing the violation. This section shall operate
in addition to and shall not prohibit the enforcement of any other
law.
(C) Upon the request of the executive director or as a result
of complaints, the board shall investigate the alleged violation.
(D) No person required to be registered under this chapter
shall have the benefit of any lien for labor or materials unless
the person is registered under this chapter.
(E) No person whose application for registration under this
chapter is denied shall open or operate a facility for business as
a motor vehicle collision repair facility or motor vehicle window
tint installation facility under the name of the person designated
in the application for a registration certificate or under any
other name prior to registering as a motor vehicle repair operator
in accordance with this chapter.
Sec. 4775.10. (A) A motor vehicle repair operator who
substantially complies with the requirements of this chapter for
registration as a motor vehicle repair operator and who is making
a good faith effort toward achieving compliance with all
requirements of this chapter may obtain a temporary motor vehicle
repair registration certificate. Following the application of, and
payment of a fee by a motor vehicle repair operator, the motor
vehicle repair board, in its discretion, may direct the executive
director to issue a temporary registration certificate to a motor
vehicle repair operator the board finds to be in substantial
compliance with the requirements of this chapter for registration
and who is making a good faith effort toward achieving compliance
with all requirements of this chapter.
A temporary motor vehicle
repair registration issued on or after the effective date of this
amendment is valid for one year and may be renewed at the
discretion of the board.
Except as otherwise provided in division (C) of this section,
a temporary registration certificate is effective for one year
from the date of issuance or until the date the motor vehicle
repair operator obtains a regular motor vehicle repair
registration certificate under this chapter, whichever date occurs
first. If a motor vehicle repair operator obtains a regular
registration certificate prior to the expiration of the operator's
temporary registration certificate, a portion of the fee paid by
the motor vehicle repair operator to obtain the temporary
registration certificate shall be applied to the fee imposed under
section 4775.08 of the Revised Code to obtain a regular
registration certificate in an amount that corresponds to the
portion of the year the operator is not utilizing the temporary
registration certificate.
Upon receiving direction from the board, the executive
director shall issue a temporary registration certificate.
(B) The board shall adopt rules in accordance with Chapter
119. of the Revised Code that specify criteria a motor vehicle
repair operator shall meet in order to be considered to be in
substantial compliance with the registration requirements of this
chapter, and that specify criteria a motor vehicle repair operator
shall meet in order to be considered as making a good faith effort
toward achieving compliance with all requirements of this chapter.
The board shall consider the impact of the rules it adopts under
this division on encouraging competition between among all motor
vehicle repair operators and not impairing the ability of
operators who have been in the motor vehicle repair business for
less than one year to succeed in the market place.
(C) A temporary motor vehicle repair registration may be
renewed not more than four consecutive times. A motor vehicle
repair operator may apply for the renewal of a temporary
registration certificate prior to the expiration of a temporary
registration certificate. The board shall consider an application
for the renewal of a temporary registration certificate. The board
may direct the executive director to renew a temporary
registration certificate of an applicant who meets the
requirements set forth in division (A) of this section for
obtaining a temporary registration certificate. Upon
recommendation by the board, the executive director shall issue a
renewal of an applicant's temporary registration certificate.
Neither the board nor the executive director shall renew a
person's temporary registration certificate more than four
consecutive times.
A renewal of a temporary motor vehicle repair registration
certificate is effective for one year from the date of issuance of
the renewal of registration. A temporary registration certificate
shall continue in effect during the period in which an applicant
is being considered for renewal if the applicant applies for
renewal prior to the expiration of the temporary registration
certificate.
Sec. 4775.11. It is the intent of the general assembly to
preempt any local ordinance, resolution, or other law adopted or
enacted after December 18, 1997, that is limited to the
registration of persons engaged in business as motor vehicle
repair operators in a manner corresponding to the provisions of
this chapter. This chapter does not preempt any of the following
local law laws:
(A) Laws adopted or enacted prior to December 18, 1997, for
motor vehicle collision repair operators or the effective date of
this amendment;
(B) Laws adopted or enacted prior to March 22, 2013, for
motor vehicle window tint operators, or;
(C) Laws adopted or enacted prior to the effective date of
this amendment for motor vehicle mechanical repair operators;
(D) Laws that may require registration or licensure as a
component of imposing additional requirements on persons engaged
in business as motor vehicle repair operators or technicians. Nor
does it preempt the enforcement of any local law;
(E) Laws regulating motor vehicle repair operators or
technicians, including building, zoning, health, safety, or other
similar codes or laws.
Section 2. That existing sections 4775.01, 4775.02, 4775.03,
4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and
4775.11 of the Revised Code are hereby repealed.
Section 3. Notwithstanding division (A) of section 4775.02 of
the Revised Code, as amended by this act, no person shall be
required to register as a motor vehicle repair operator until six
months after the effective date of Section 1 of this act, unless
the person would have been required to register as a motor vehicle
collision repair operator in accordance with Chapter 4775. of the
Revised Code as it existed immediately prior to the effective date
of Section 1 of this act.
Section 4. That section 4775.03 of the Revised Code as it
results from Section 1 of this act be amended to read as follows:
Sec. 4775.03. (A) There is hereby created the motor vehicle
repair board consisting of seven members appointed by the
governor, with the advice and consent of the senate. Each member
of the board shall be a resident of the state. Five Two members
shall be motor vehicle body repair operators. One member, two
members shall
possess expertise in be motor vehicle mechanical
repair operators, two members shall be motor vehicle window tint
operators, and one member shall be a representative of the public
who has no financial interest in the motor vehicle repair
industry.
(B) Within ninety days after December 18, 1997, the The
governor shall make initial appointments to the board. Of the
initial appointees, two three are for terms ending on January 1,
1998 2016, two are for terms ending on January 1, 1999 2017, and
two are for terms ending on January 1, 2000, and one is for a term
ending on January 1, 2001 2018. Thereafter, terms of office are
for three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall hold
office from the date of appointment until the end of the term for
which the member was appointed. Vacancies shall be filled in the
manner prescribed for original appointments. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the member's predecessor was appointed shall hold office
for the remainder of the term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. No person shall serve as a
member of the board for more than two consecutive full three-year
terms.
(C) In making appointments to the board under division (B) of
this section, the governor shall select six of the motor vehicle
collision repair operator members and the member with expertise in
motor vehicle mechanical repair as provided in this division.
Within thirty days after December 18, 1997, the The automotive
service association of Ohio, inc., shall submit a list containing
two names for the motor vehicle mechanical repair member and
twelve names for members, the motor vehicle collision body repair
members, and the motor vehicle window tint operator members, and
the governor may appoint individuals from the list to fill those
six positions. Thereafter, within sixty days of a vacancy
occurring as a result of the expiration of a term and within
thirty days after other vacancies occurring on the board, the
automotive service association of Ohio, inc., shall submit a list
containing three names for each vacancy and the governor may
appoint one of the individuals from the list to fill the vacancy.
If the automotive service association of Ohio, inc., for its
respective appointees, fails to make the recommendations to the
governor within the time limits set by this division, the governor
shall appoint an individual of the governor's own choosing
provided that the individual meets the qualifications of division
(A) of this section.
(D) Before entering upon the duties of office, each member
shall take an oath of office as required by section 3.22 of the
Revised Code. The governor may remove any member for misconduct,
neglect of duty, incapacity, or malfeasance in accordance with
section 3.04 of the Revised Code.
(E) The board shall meet at least four times each year, and
additional meetings may be held upon the written request of any
four members of the board or upon the call of the chairperson. The
board shall elect from among its membership a chairperson and
vice-chairperson, each of whom shall serve for a term of one year.
A majority of the members of the board constitutes a quorum to
transact and vote on the business of the board. The chairperson
may appoint committees as the chairperson considers necessary to
carry out the duties of the board.
(F) Each member of the board shall receive a per diem amount
fixed pursuant to section 124.15 of the Revised Code when actually
attending to matters of the board and for the time spent in
necessary travel, and all actual and necessary expenses incurred
in the discharge of the member's duties.
Section 5. That existing section 4775.03 of the Revised Code
as it results from Section 1 of this act is hereby repealed.
Section 6. Sections 4 and 5 of this act take effect July 1,
2015.
Section 7. The Motor Vehicle Repair Board in existence on
June 30, 2015, is hereby dissolved as of July 1, 2015, and the
Motor Vehicle Repair Board created in section 4775.03 of the
Revised Code in Section 4 of this act shall take the dissolved
Board's place and assume its duties.
The Governor shall make the appointments to the Motor Vehicle
Repair Board for the terms of office prescribed in section 4775.03
of the Revised Code as contained in Section 4 of this act not
later than July 1, 2015. In order to permit the Governor to make
the appointments as described in this section, the organizations
specified in division (C) of section 4775.03 of the Revised Code
as contained in Section 4 of this act shall submit the lists
described in section 4775.03 of the Revised Code contained in
Section 4 of this act to the Governor not later than April 1,
2015.
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