Bill Text: OH SB232 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: On July 1, 2015, to dissolve the existing Motor Vehicle Repair Board and replace it with a new board of the same name.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2014-12-03 - Passed 3rd Consideration House [SB232 Detail]

Download: Ohio-2013-SB232-Comm_Sub.html

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As Reported by the House Commerce, Labor, and Technology Committee

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 232

Senator Uecker 

Cosponsors: Senators Patton, Lehner, Brown, Bacon, Eklund, Skindell 

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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, and to make

7

other changes to the Motor Vehicle Repair and

8

Window Tint Operator Law, and to further amend

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section 4775.03 of the Revised Code on July 1,

10

2015, to dissolve the existing Motor Vehicle

11

Repair Board and replace it with a new board of

12

the same name.

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

Section 1. That sections 4775.01, 4775.02, 4775.03, 4775.04,	14
4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and 4775.11	15
of the Revised Code be amended to read as follows:	16

Sec. 4775.01.  As used in this chapter:

17

(A) "Motor vehicle" has the same meaning as in section	18
4501.01 of the Revised Code.	19

(B) "Collision" means an occurrence in which two or more	20
objects, whether mobile or stationary, contact one another in a	21
manner that causes the alteration of the surface, structure, or	22
appearance, whether separately or collectively, of an object that	23
is party to the occurrence.	24

(C) "CollisionBody repair" means any and all restorative or	25
replacement procedures that are performed on and affect or	26
potentially affect the structural, life safety, and cosmetic	27
components of a motor vehicle that has been damaged as a result of	28
a collision. "CollisionBody repair" also includes any procedure	29
that is employed for the purpose of repairing, restoring,	30
replacing, or refinishing, whether wholly or separately, any	31
structural, life safety, or cosmetic component of a motor vehicle	32
to a condition approximating or replicating the function, use, or	33
appearance of the component prior to a collision.	34

(D) "Motor vehicle collision repair operator" means any	35
person, sole proprietorship, foreign or domestic partnership,	36
limited liability corporation, or other legal entity that is not	37
an employee or agent of a principal and performs five or more	38
motor vehicle collision repairs in a calendar year.	39

(E)(C) "Mechanical" means any original manufacturer equipment	40
or aftermarket systems or parts designed for use in or on a motor	41
vehicle, including the drive and power train, engine,	42
transmission, suspension, steering, brakes, illumination system,	43
heating and cooling system, air conditioning, climate controls,	44
exhaust, fuel, ignition, starting and charging, lubrication,	45
tires, driver and passenger restraint systems, vehicle anti-theft,	46
and security systems.	47

(D) "Mechanical repair" means any alteration or maintenance,	48
diagnostic, or repair service procedures that are performed on and	49
affect or potentially affect the operation of a motor vehicle.	50

(E) "Motor vehicle repair" means either a motor vehicle body	51
repair or a motor vehicle mechanical repair.	52

(F) "Motor vehicle window tint operator" means any person,	53
sole proprietorship, foreign or domestic partnership, limited	54
liability corporation, or other legal entity that is not an	55
employee or agent of a principal and installs tinted glass, or	56
transparent, nontransparent, translucent, and reflectorized	57
material in or on five or more motor vehicle windshields, side	58
windows, sidewings, and rear windows in a calendar year.	59

(F)(G) "Motor vehicle repair operator" means any person, sole	60
proprietorship, foreign or domestic partnership, limited liability	61
corporation, or other legal entity that is not an employee or	62
agent of a principal and performs repairs on five or more motor	63
vehicles in a calendar year, and includes a motor vehicle	64
collision repair operator and a motor vehicle window tint	65
operator, but does not mean any of the following:	66

(1) An employee, other than a manager, of a motor vehicle	67
repair operator;	68

(2) A new motor vehicle dealer licensed pursuant to sections	69
4517.01 to 4517.45 of the Revised Code, irrespective of whether or	70
not the new motor vehicle dealer also is licensed as a used motor	71
vehicle dealer pursuant to those sections;	72

(3) A new motor vehicle dealer licensed pursuant to sections	73
4517.01 to 4517.45 of the Revised Code who also is the owner, part	74
owner, or operator of a motor vehicle collision repair facility or	75
a motor vehicle window tint installation facility;	76

(4) A motor vehicle auction owner licensed pursuant to	77
sections 4517.01 to 4517.45 of the Revised Code who does not	78
perform motor vehicle repairs;	79

(5) A motor vehicle leasing dealer licensed pursuant to	80
sections 4517.01 to 4517.45 of the Revised Code;	81

(6) A motor vehicle salvage dealer licensed pursuant to	82
Chapter 4738. of the Revised Code;	83

(7) A person or lessee who owns or leases ten or more motor	84
vehicles used principally in connection with any established	85
business and who does not perform motor vehicle collision repairs	86
or motor vehicle window tint installation on motor vehicles other	87
than the motor vehicles used principally in connection with the	88
established business;	89

(8) A motor vehicle renting dealer as defined in division	90
(A)(2) of section 4549.65 of the Revised Code who does not perform	91
motor vehicle collision repairs or motor vehicle window tint	92
installation on motor vehicles other than the motor vehicles used	93
in connection with the established motor vehicle renting business;	94

(9) A person who performs collision repairs or motor vehicle	95
window tint installation on the motor vehicles of a single	96
commercial, industrial, or governmental establishment exclusively	97
and does not offer or provide motor vehicle collision repair	98
service or motor vehicle window tint installation to the general	99
public;	100

(10) The owner, part owner, or officer of, or instructor	101
employed by, an educational institution that provides instruction	102
in motor vehicle collision repair or motor vehicle window tint	103
installation while the owner, part owner, officer of, or	104
instructor is engaging in activity in furtherance of instruction	105
in motor vehicle collision repair or motor vehicle window tint	106
installation;	107

(11) Any person, sole proprietorship, foreign or domestic	108
partnership, limited liability corporation, or other legal entity	109
that is either of the following:	110

(a) Primarily engaged in the retail sale of new, used, or	111
retreaded tires and inner tubes for those tires;	112

(b) Engaged in the retail sale of new, used, or retreaded	113
tires and inner tubes for those tires in combination with	114
mechanical repair services.	115

(12) A national general goods retailer that also performs	116
some motor vehicle repair;	117

(13) An organization in which members pay in exchange for	118
assistance from the organization in matters relating to travel and	119
the operation, use, and maintenance of a motor vehicle, and for	120
the organization to supply other services, including all of the	121
following:	122

(a) Community traffic safety services;

123

(b) Travel and touring services;

124

(c) Theft or reward services;

125

(d) Map services;

126

(e) Towing services;

127

(f) Emergency road services;

128

(g) Bail bond services;

129

(h) Legal fee reimbursement in the defense of traffic	130
offenses;	131

(i) Sickness and accident or life insurance.

132

(14) A used motor vehicle dealer licensed pursuant to	133
sections 4517.01 to 4517.45 of the Revised Code that is primarily	134
engaged in the sale of used motor vehicles;	135

(15) A person, firm, copartnership, voluntary association,	136
joint-stock association, company, or corporation that is primarily	137
engaged in the towing, recovery, and storage of motor vehicles and	138
that has a current and valid certificate of public convenience as	139
required by Chapter 4921. of the Revised Code.	140

(G)(H) "Motor vehicle collision repair facility" means a	141
locationall mobile or stationary locations from which five or	142
more separate motor vehicle collision repairs are performed on	143
five or more separate motor vehicles in a twelve-month period,	144
commencing with the day of the month in which the first such	145
repair is madecalendar year.	146

(H)(I) "Motor vehicle window tint installation facility"	147
means a locationall mobile or stationary locations from which	148
five or more separate motor vehicle window tint installations are	149
performed on motor vehicles in a twelve-month period, commencing	150
with the day of the month in which the first such installation is	151
madecalendar year.	152

Sec. 4775.02.  (A) No person shall act as a motor vehicle	153
collision repair operator or motor vehicle window tint operator	154
unless the person is registered in accordance with this chapter.	155

(B) Each motor vehicle repair facility shall be registered	156
separately with the motor vehicle repair board. A facility that	157
conducts both body repairs and mechanical repairs at the same	158
location is required to obtain only one registration from the	159
board.	160

(C) Any person or entity that conducts or attempts to conduct	161
business as a motor vehicle collision repair operator or motor	162
vehicle window tint operator in violation of this chapter performs	163
an unfair and deceptive act or practice in violation of section	164
1345.02 of the Revised Code.	165

Sec. 4775.03.  (A) There is hereby created the motor vehicle	166
repair board consisting of seven members appointed by the	167
governor, with the advice and consent of the senate. Each member	168
of the board shall be a resident of the state. Five members shall	169
be motor vehicle collision repair operators. One member shall	170
possess expertise in motor vehicle mechanical repair, and one	171
member shall be a representative of the public who has no	172
financial interest in the motor vehicle repair industry.	173

(B) Within ninety days after December 18, 1997, the governor	174
shall make initial appointments to the board. Of the initial	175
appointees, two are for terms ending on January 1, 1998, two are	176
for terms ending on January 1, 1999, two are for terms ending on	177
January 1, 2000, and one is for a term ending on January 1, 2001.	178
Thereafter, terms of office are for three years, with each term	179
ending on the same day of the same month as did the term that it	180
succeeds. Each member shall hold office from the date of	181
appointment until the end of the term for which the member was	182
appointed. Vacancies shall be filled in the manner prescribed for	183
original appointments. Any member appointed to fill a vacancy	184
occurring prior to the expiration of the term for which the	185
member's predecessor was appointed shall hold office for the	186
remainder of the term. A member shall continue in office	187
subsequent to the expiration date of the member's term until the	188
member's successor takes office, or until a period of sixty days	189
has elapsed, whichever occurs first. No person shall serve as a	190
member of the board for more than two consecutive full three-year	191
terms.	192

(C) In making appointments to the board under division (B) of	193
this section, the governor shall select the motor vehicle	194
collision repair operator members and the member with expertise in	195
motor vehicle mechanical repair as provided in this division.	196
Within thirty days after December 18, 1997, the automotive service	197
association of Ohio, inc., shall submit a list containing two	198
names for the motor vehicle mechanical repair member and twelve	199
names for the motor vehicle collision repair members and the	200
governor may appoint individuals from the list to fill those six	201
positions. Thereafter, within sixty days of a vacancy occurring as	202
a result of the expiration of a term and within thirty days after	203
other vacancies occurring on the board, the automotive service	204
association of Ohio, inc., shall submit a list containing three	205
names for each vacancy and the governor may appoint one of the	206
individuals from the list to fill the vacancy. If the automotive	207
service association of Ohio, inc., for its respective appointees,	208
fails to make the recommendations to the governor within the time	209
limits set by this division, the governor shall appoint an	210
individual of the governor's own choosing provided that the	211
individual meets the qualifications of division (A) of this	212
section.	213

(D) Before entering upon the duties of office, each member	214
shall take an oath of office as required by section 3.22 of the	215
Revised Code. The governor may remove any member for misconduct,	216
neglect of duty, incapacity, or malfeasance in accordance with	217
section 3.04 of the Revised Code.	218

(E) The board shall meet at least four times each year, and	219
additional meetings may be held upon the written request of any	220
four members of the board or upon the call of the chairperson. The	221
board shall elect from among its membership a chairperson and	222
vice-chairperson, each of whom shall serve for a term of one year.	223
A majority of the members of the board constitutes a quorum to	224
transact and vote on the business of the board. The chairperson	225
may appoint committees as the chairperson considers necessary to	226
carry out the duties of the board.	227

(F) Each member of the board shall receive a per diem amount	228
fixed pursuant to section 124.15 of the Revised Code when actually	229
attending to matters of the board and for the time spent in	230
necessary travel, and all actual and necessary expenses incurred	231
in the discharge of the member's duties.	232

Sec. 4775.04. (A) The motor vehicle repair board shall do	233
all of the following:	234

(1)(A) Adopt rules in accordance with Chapter 119. of the	235
Revised Code as necessary to carry out the purposes of this	236
chapter. The rules shall includemay address all of the following:	237

(1) The requirements for the type of liability insurance	238
required under division (A) of section 4775.07 of the Revised	239
Code. The rules shall permit the use of an insurance policy issued	240
by any insurer authorized to issue that type of insurance in this	241
state.	242

(2) Consumer education and protection, including inside and	243
outside signage for the benefit of consumers and the establishment	244
of a toll-free telephone number for consumers to call to voice	245
complaints about an operator;	246

(3) Relevant aspects of registration of motor vehicle repair	247
operators, including the identification by national institute of	248
automotive service excellence category of services provided or	249
their equivalents and the form for license applications;	250

(4) The contents of all estimates issued by operators,	251
whether for body repair, mechanical repair, or both;	252

(5) The contents of all invoices issued by operators;

253

(6) Compliance by operators with all local ordinances or	254
resolutions, state statutes and rules, and federal statutes and	255
regulations;	256

(7) The certification of technicians employed by operators;

257

(8) Minimum training requirements for technicians and	258
administrative staff employed by operators;	259

(9) Appropriate equipment requirements for operators who	260
perform body repair and those who perform mechanical repair.	261

(B) Appoint an executive director to serve at the pleasure of	262
the board;	263

(3)(C) Direct the executive director as to how the executive	264
director shall perform the duties imposed under this chapter;	265

(4)(D) Consider and make recommendations in regard to all	266
matters submitted to the board by the executive director;	267

(5)(E) Determine whether to refuse to issue or renew a	268
registration certificate or determine whether to waive a	269
suspension of a registration certificate as provided in division	270
(D) of section 4775.07 of the Revised Code;	271

(6)(F) Do all acts and perform all functions as are necessary	272
for the administration and enforcement of this chapter.	273

(B) Nothing in this chapter shall be interpreted as granting	274
the board any authority over a motor vehicle collision repair	275
operator concerning the quality of work performed in the repair	276
of, or installation of parts on, motor vehicles.	277

Sec. 4775.05.  (A) The motor vehicle repair board shall	278
appoint an individual who is not a member of the board as a	279
full-time employee of the board to serve as the executive director	280
of the board. The executive director shall serve at the pleasure	281
and direction of the board. The director of administrative	282
services shall establish the executive director's salary in a pay	283
range as provided in division (J) of section 124.15 of the Revised	284
Code. The executive director, subject to the approval of the	285
board, shall determine the office space, supplies, and	286
professional and clerical assistance necessary to effectively	287
perform the executive director's duties.	288

(B) The executive director shall perform all the following	289
duties:	290

(1) Review and submit to the board, for its approval,	291
applications for registration pursuant to section 4775.07 of the	292
Revised Code;	293

(2) Issue registration certificates, as approved by the	294
board, to persons who meet the qualifications for registration	295
under division (A) of section 4775.07 of the Revised Code;	296

(3) Maintain a written record of all persons registered	297
pursuant to section 4775.07 of the Revised Code. The record shall	298
include the name, address, and motor vehicle repair registration	299
certificate number of each registered motor vehicle repair	300
operator. The executive director shall make this record available	301
to any person upon request and payment of a fee sufficient to	302
cover the cost of copying the record.	303

(4) Collect all fees pursuant to section 4775.08 of the	304
Revised Code;	305

(5) Appoint enforcement officersinvestigators as needed to	306
assist the executive director in carrying out this chapter, who	307
shall serve at the pleasure of the director;	308

(6) Gather evidence of violations of this chapter by any	309
person or motor vehicle repair operator, or any partner or officer	310
of any motor vehicle repair operator, and, upon reasonable belief	311
that a violation has occurred, present the evidence to the board	312
for its consideration and possible action by the board under	313
section 4775.02 of the Revised Code. Nothing in division (B)(6) of	314
this section shall be construed as authorizing the executive	315
director or the board to enforce any provision of law other than	316
this chapter. If, however, the executive director or board, in	317
conducting investigations under those sections, determines or	318
suspects that a person has violated any other provision of law,	319
the executive director or board shall notify the governmental	320
entity that is responsible for enforcement of that provision of	321
law.	322

(7) Serve as secretary of the board and maintain a written	323
record of all of the proceedings of the board;	324

(8) Notify all motor vehicle repair operators of changes in	325
this chapter and rules adopted pursuant to this chapter;	326

(9) Do all other things requested by the board for the	327
administration and enforcement of this chapter.	328

(C) The executive director may provide information that is	329
relevant to motor vehicle collision repair to motor vehicle	330
collision repair operators or other persons, that is relevant to	331
motor vehicle window tint installation to motor vehicle window	332
tint installation operators or other persons, and may communicate	333
with any person, or respond to communications from any person, in	334
matters pertaining to motor vehicle collision repair or window	335
tint installation.	336

Sec. 4775.06.  An enforcement officerinvestigator appointed	337
by the executive director to assist the executive director in	338
carrying out this chapter shall report to the executive director	339
and the motor vehicle repair board the name and address of any	340
motor vehicle repair operator that the officerinvestigator has	341
reasonable grounds to believe is operating in violation of this	342
chapter, and shall notify the operator of the suspected violation.	343
The report shall be based on investigation practices and	344
procedures approved by the board. Within sixty days after	345
notification is sent, an enforcement officerinvestigator shall	346
determine whether the motor vehicle repair operator who has been	347
notified of a suspected violation has come into compliance with	348
the requirements of this chapter. If the motor vehicle repair	349
operator fails to correct the suspected violation within sixty	350
days after the date the operator receives the notification, the	351
enforcement officerinvestigator shall notify the executive	352
director and the board of the operator's failure to correct the	353
suspected violation. Upon receiving a second notification of an	354
operator's failure to comply with this chapter, the executive	355
director shall notify the government entity having enforcement	356
authority over the condition or activity giving rise to the	357
suspected violation in writing of the condition or activity, the	358
nature of the suspected violation, and the name and address of the	359
operator suspected of violating this chapter. An enforcement	360
officerinvestigator shall monitor periodically the progress of	361
any action taken in connection with the suspected violation with	362
the appropriate government entity, including any investigation or	363
charges that are filed in connection with the suspected violation.	364
Upon obtaining such information, the executive director or the	365
enforcement officerinvestigator monitoring such progress shall	366
notify the board of the progress of the suspected violation and	367
any accompanying investigation, charges, or other action taken in	368
connection with the suspected violation.	369

Sec. 4775.07.  (A) Any person required to be registered as a	370
motor vehicle repair operator shall apply to the motor vehicle	371
repair board upon application forms prescribed by the board. The	372
forms shall contain sufficient information to identify the	373
applicant, including name, address, state tax identification	374
number, and any other identifying data prescribed by rule of the	375
board. If the applicant is a partnership, identifying data as	376
prescribed by the board may be required for each partner. If the	377
applicant is a corporation, identifying data may be required for	378
each officer of the corporation and each person in charge of each	379
place of the motor vehicle repair operator's business in this	380
state. If the applicant is licensed as a used motor vehicle dealer	381
pursuant to sections 4517.01 to 4517.45 of the Revised Code, the	382
applicant shall include on the application the applicant's used	383
motor vehicle dealer license number as assigned by the bureau of	384
motor vehicles. The applicant shall affirm the application by	385
oath. The applicant shall include with the application the initial	386
registration fee set forth in section 4775.08 of the Revised Code	387
and proof satisfactory to the board that the applicant has a	388
current state and federal tax identification number, a valid	389
vendor's license issued pursuant to section 5739.17 of the Revised	390
Code, a United States environmental protection agency	391
identification number issued under the "Resource Conservation and	392
Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as	393
amended, and regulations adopted under that act, proof of	394
possession of all permits required under Chapter 3704. of the	395
Revised Code, general liability insurance and liability insurance	396
that protects a person against liability for damage to motor	397
vehicles in the applicant's care, custody, or control in an amount	398
and form that conforms to the rules the board adopts under section	399
4775.04 of the Revised Code, and coverage under Chapters 4123. and	400
4141. of the Revised Code. In addition, the applicant shall affirm	401
that the applicant is in compliance with all applicable federal	402
and state statutes and rules and all local ordinances and	403
resolutions, including all applicable zoning regulations.	404

(B) Upon receipt of the completed application form and fees	405
and after the board determines that the applicant meets the	406
requirements for registration under division (A) of this section,	407
the board shall direct the executive director to issue a	408
registration certificate to the applicant for each place of	409
business. The motor vehicle repair operator shall display the	410
registration certificate in a conspicuous place on the premises of	411
the business for which the registration is obtained.	412

(C) Each registration certificate issued under this section	413
expires annually on the date of its original issuance and may be	414
renewed in accordance with the standard renewal procedure of	415
Chapter 4745. of the Revised Code. The application for a renewal	416
of a registration certificate shall be accompanied by the same	417
information and proof as is required to accompany an initial	418
application under division (A) of this section.	419

(D) When a motor vehicle repair operator experiences a change	420
in any information or data required under division (A) of this	421
section or by rule of the board for registration as a motor	422
vehicle repair operator, the motor vehicle repair operator shall	423
submit written notification of the change to the board within	424
sixty days after the date that the information becomes obsolete.	425
If a motor vehicle repair operator fails to submit the written	426
notification of a change in information or data within sixty days	427
after the change in information or data, the operator's	428
registration certificate is automatically suspended, except that	429
the board may waive the suspension for good cause shown.	430

(E) Notwithstanding section 5703.21 of the Revised Code, the	431
department of taxation may disclose to the board any information	432
necessary for the board to verify the existence of an applicant's	433
valid vendor's license and current state tax identification	434
number.	435

Sec. 4775.08.  (A) The initial and annual renewal fee for a	436
motor vehicle repair registration certificate and for a temporary	437
motor vehicle repair registration certificate is one hundred fifty	438
dollars for each business location at which the motor vehicle	439
repair operator conducts business as an operator, except that the	440
motor vehicle repair board, with the approval of the controlling	441
board, may establish fees in excess of or less than that amount,	442
provided that such fees do not exceed or are not less than that	443
amount by more than fifty per centtwo hundred dollars. The board	444
shall issue a new, renewal, or temporary registration certificate	445
to a used motor vehicle dealer licensed under Chapter 4517. of the	446
Revised Code or to an organization that provides motor vehicle	447
repair services and that is exempt from federal income taxation	448
under subsection 501(c)(3) of the Internal Revenue Code of 1986,	449
26 U.S.C. 1 et seq., without payment of any fee.	450

The board shall adjust the fees as necessary in order to	451
provide for the expenses associated with carrying out this	452
chapter.	453

(B) If the board has notified or attempted to notify a motor	454
vehicle repair operator that the operator is required to be	455
registered under this chapter, and the operator fails to register,	456
the initial fee for the registration of such an unregistered	457
operator for each business location at which the operator conducts	458
business as an operator, is the initial fee then in effect plus an	459
additional amount equal to the initial fee then in effect for each	460
calendar year that the operator is not registered after the board	461
has notified or attempted to notify the operator. The board may	462
impose a late fee for a registration that is overdue under this	463
division.	464

(C) The board shall deposit all fees and fines collected	465
under this chapter into the occupational licensing and regulatory	466
fund created by section 4743.05 of the Revised Code.	467

Sec. 4775.09.  (A)(1) In accordance with Chapter 119. of the	468
Revised Code, the motor vehicle repair board may refuse to issue	469
or renew a registration certificate or may determine whether to	470
waive a suspension of a registration certificate as provided in	471
division (D) of section 4775.07 of the Revised Code.	472

(2) Within ten days after receipt of an abstract from a	473
county court judge, mayor of a mayor's court, or clerk of a court	474
of record indicating a violation of division (D) of section	475
4513.241 of the Revised Code, the board shall determine whether	476
the person named in the abstract is registered with the board and,	477
if the person is so registered, shall further determine whether	478
the person previously has been convicted of or pleaded guilty to a	479
violation of that section. If the person previously has been	480
convicted of or pleaded guilty to a violation of that section, the	481
board, in accordance with Chapter 119. of the Revised Code but	482
without a prior hearing, shall suspend the person's registration	483
for a period of not more than one hundred eighty days.	484

(B) The court of common pleas of Franklin county has	485
exclusive jurisdiction over any person who conducts, or attempts	486
to conduct, business as a motor vehicle repair operator in	487
violation of this chapter or any rule adopted under this chapter.	488
The court, on application of the board, may issue an injunction, a	489
cease and desist order, or other appropriate order restraining the	490
person from continuing the violation. This section shall operate	491
in addition to and shall not prohibit the enforcement of any other	492
law.	493

(C) Upon the request of the executive director or as a result	494
of complaints, the board shall investigate the alleged violation.	495

(D) No person required to be registered under this chapter	496
shall have the benefit of any lien for labor or materials unless	497
the person is registered under this chapter.	498

(E) No person whose application for registration under this	499
chapter is denied shall open or operate a facility for business as	500
a motor vehicle collision repair facility or motor vehicle window	501
tint installation facility under the name of the person designated	502
in the application for a registration certificate or under any	503
other name prior to registering as a motor vehicle repair operator	504
in accordance with this chapter.	505

Sec. 4775.10.  (A) A motor vehicle repair operator who	506
substantially complies with the requirements of this chapter for	507
registration as a motor vehicle repair operator and who is making	508
a good faith effort toward achieving compliance with all	509
requirements of this chapter may obtain a temporary motor vehicle	510
repair registration certificate. Following the application of, and	511
payment of a fee by a motor vehicle repair operator, the motor	512
vehicle repair board, in its discretion, may direct the executive	513
director to issue a temporary registration certificate to a motor	514
vehicle repair operator the board finds to be in substantial	515
compliance with the requirements of this chapter for registration	516
and who is making a good faith effort toward achieving compliance	517
with all requirements of this chapter. A temporary motor vehicle	518
repair registration issued on or after the effective date of this	519
amendment is valid for one year and may be renewed at the	520
discretion of the board.	521

Except as otherwise provided in division (C) of this section,	522
a temporary registration certificate is effective for one year	523
from the date of issuance or until the date the motor vehicle	524
repair operator obtains a regular motor vehicle repair	525
registration certificate under this chapter, whichever date occurs	526
first. If a motor vehicle repair operator obtains a regular	527
registration certificate prior to the expiration of the operator's	528
temporary registration certificate, a portion of the fee paid by	529
the motor vehicle repair operator to obtain the temporary	530
registration certificate shall be applied to the fee imposed under	531
section 4775.08 of the Revised Code to obtain a regular	532
registration certificate in an amount that corresponds to the	533
portion of the year the operator is not utilizing the temporary	534
registration certificate.	535

Upon receiving direction from the board, the executive	536
director shall issue a temporary registration certificate.	537

(B) The board shall adopt rules in accordance with Chapter	538
119. of the Revised Code that specify criteria a motor vehicle	539
repair operator shall meet in order to be considered to be in	540
substantial compliance with the registration requirements of this	541
chapter, and that specify criteria a motor vehicle repair operator	542
shall meet in order to be considered as making a good faith effort	543
toward achieving compliance with all requirements of this chapter.	544
The board shall consider the impact of the rules it adopts under	545
this division on encouraging competition betweenamong all motor	546
vehicle repair operators and not impairing the ability of	547
operators who have been in the motor vehicle repair business for	548
less than one year to succeed in the market place.	549

(C) A temporary motor vehicle repair registration may be	550
renewed not more than four consecutive times. A motor vehicle	551
repair operator may apply for the renewal of a temporary	552
registration certificate prior to the expiration of a temporary	553
registration certificate. The board shall consider an application	554
for the renewal of a temporary registration certificate. The board	555
may direct the executive director to renew a temporary	556
registration certificate of an applicant who meets the	557
requirements set forth in division (A) of this section for	558
obtaining a temporary registration certificate. Upon	559
recommendation by the board, the executive director shall issue a	560
renewal of an applicant's temporary registration certificate.	561
Neither the board nor the executive director shall renew a	562
person's temporary registration certificate more than four	563
consecutive times.	564

A renewal of a temporary motor vehicle repair registration	565
certificate is effective for one year from the date of issuance of	566
the renewal of registration. A temporary registration certificate	567
shall continue in effect during the period in which an applicant	568
is being considered for renewal if the applicant applies for	569
renewal prior to the expiration of the temporary registration	570
certificate.	571

Sec. 4775.11.  It is the intent of the general assembly to	572
preempt any local ordinance, resolution, or other law adopted or	573
enacted after December 18, 1997, that is limited to the	574
registration of persons engaged in business as motor vehicle	575
repair operators in a manner corresponding to the provisions of	576
this chapter. This chapter does not preempt any of the following	577
local lawlaws:	578

(A) Laws adopted or enacted prior to December 18, 1997, for	579
motor vehicle collision repair operators or the effective date of	580
this amendment;	581

(B) Laws adopted or enacted prior to March 22, 2013, for	582
motor vehicle window tint operators, or;	583

(C) Laws adopted or enacted prior to the effective date of	584
this amendment for motor vehicle mechanical repair operators;	585

(D) Laws that may require registration or licensure as a	586
component of imposing additional requirements on persons engaged	587
in business as motor vehicle repair operators or technicians. Nor	588
does it preempt the enforcement of any local law;	589

(E) Laws regulating motor vehicle repair operators or	590
technicians, including building, zoning, health, safety, or other	591
similar codes or laws.	592

Section 2. That existing sections 4775.01, 4775.02, 4775.03,	593
4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and	594
4775.11 of the Revised Code are hereby repealed.	595

Section 3. Notwithstanding division (A) of section 4775.02 of	596
the Revised Code, as amended by this act, no person shall be	597
required to register as a motor vehicle repair operator until six	598
months after the effective date of Section 1 of this act, unless	599
the person would have been required to register as a motor vehicle	600
collision repair operator in accordance with Chapter 4775. of the	601
Revised Code as it existed immediately prior to the effective date	602
of Section 1 of this act.	603

Section 4. That section 4775.03 of the Revised Code as it	604
results from Section 1 of this act be amended to read as follows:	605

Sec. 4775.03.  (A) There is hereby created the motor vehicle	606
repair board consisting of seven members appointed by the	607
governor, with the advice and consent of the senate. Each member	608
of the board shall be a resident of the state. FiveTwo members	609
shall be motor vehicle body repair operators. One member, two	610
members shall possess expertise inbe motor vehicle mechanical	611
repair operators, two members shall be motor vehicle window tint	612
operators, and one member shall be a representative of the public	613
who has no financial interest in the motor vehicle repair	614
industry.	615

(B) Within ninety days after December 18, 1997, theThe	616
governor shall make initial appointments to the board. Of the	617
initial appointees, twothree are for terms ending on January 1,	618
19982016, two are for terms ending on January 1, 19992017, and	619
two are for terms ending on January 1, 2000, and one is for a term	620
ending on January 1, 20012018. Thereafter, terms of office are	621
for three years, with each term ending on the same day of the same	622
month as did the term that it succeeds. Each member shall hold	623
office from the date of appointment until the end of the term for	624
which the member was appointed. Vacancies shall be filled in the	625
manner prescribed for original appointments. Any member appointed	626
to fill a vacancy occurring prior to the expiration of the term	627
for which the member's predecessor was appointed shall hold office	628
for the remainder of the term. A member shall continue in office	629
subsequent to the expiration date of the member's term until the	630
member's successor takes office, or until a period of sixty days	631
has elapsed, whichever occurs first. No person shall serve as a	632
member of the board for more than two consecutive full three-year	633
terms.	634

(C) In making appointments to the board under division (B) of	635
this section, the governor shall select six of the motor vehicle	636
collision repair operator members and the member with expertise in	637
motor vehicle mechanical repair as provided in this division.	638
Within thirty days after December 18, 1997, theThe automotive	639
service association of Ohio, inc., shall submit a list containing	640
two names for the motor vehicle mechanical repair member and	641
twelve names formembers, the motor vehicle collisionbody repair	642
members, and the motor vehicle window tint operator members, and	643
the governor may appoint individuals from the list to fill those	644
six positions. Thereafter, within sixty days of a vacancy	645
occurring as a result of the expiration of a term and within	646
thirty days after other vacancies occurring on the board, the	647
automotive service association of Ohio, inc., shall submit a list	648
containing three names for each vacancy and the governor may	649
appoint one of the individuals from the list to fill the vacancy.	650
If the automotive service association of Ohio, inc., for its	651
respective appointees, fails to make the recommendations to the	652
governor within the time limits set by this division, the governor	653
shall appoint an individual of the governor's own choosing	654
provided that the individual meets the qualifications of division	655
(A) of this section.	656

(D) Before entering upon the duties of office, each member	657
shall take an oath of office as required by section 3.22 of the	658
Revised Code. The governor may remove any member for misconduct,	659
neglect of duty, incapacity, or malfeasance in accordance with	660
section 3.04 of the Revised Code.	661

(E) The board shall meet at least four times each year, and	662
additional meetings may be held upon the written request of any	663
four members of the board or upon the call of the chairperson. The	664
board shall elect from among its membership a chairperson and	665
vice-chairperson, each of whom shall serve for a term of one year.	666
A majority of the members of the board constitutes a quorum to	667
transact and vote on the business of the board. The chairperson	668
may appoint committees as the chairperson considers necessary to	669
carry out the duties of the board.	670

(F) Each member of the board shall receive a per diem amount	671
fixed pursuant to section 124.15 of the Revised Code when actually	672
attending to matters of the board and for the time spent in	673
necessary travel, and all actual and necessary expenses incurred	674
in the discharge of the member's duties.	675

Section 5. That existing section 4775.03 of the Revised Code	676
as it results from Section 1 of this act is hereby repealed.	677

Section 6. Sections 4 and 5 of this act take effect July 1,	678
2015.	679

Section 7. The Motor Vehicle Repair Board in existence on	680
June 30, 2015, is hereby dissolved as of July 1, 2015, and the	681
Motor Vehicle Repair Board created in section 4775.03 of the	682
Revised Code in Section 4 of this act shall take the dissolved	683
Board's place and assume its duties.	684

The Governor shall make the appointments to the Motor Vehicle	685
Repair Board for the terms of office prescribed in section 4775.03	686
of the Revised Code as contained in Section 4 of this act not	687
later than July 1, 2015. In order to permit the Governor to make	688
the appointments as described in this section, the organizations	689
specified in division (C) of section 4775.03 of the Revised Code	690
as contained in Section 4 of this act shall submit the lists	691
described in section 4775.03 of the Revised Code contained in	692
Section 4 of this act to the Governor not later than April 1,	693
2015.	694