Bill Text: OH SB232 | 2013-2014 | 130th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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-Introduced.html
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Senator Uecker
Cosponsors:
Senators Patton, Lehner, Brown
To amend sections 4775.01, 4775.02, 4775.03, 4775.04, | 1 |
4775.05, 4775.06, 4775.07, 4775.08, 4775.09, | 2 |
4775.10, and 4775.11 of the Revised Code to extend | 3 |
the jurisdiction of the Motor Vehicle Repair Board | 4 |
to persons who perform motor vehicle mechanical | 5 |
repairs, to require motor vehicle repair | 6 |
facilities to register with the Board, to create | 7 |
the Motor Vehicle Repair Operator Vendor's License | 8 |
Suspension Fund, and to make other changes to the | 9 |
Motor Vehicle Repair and Window Tint Operator Law, | 10 |
and to further amend section 4775.03 of the | 11 |
Revised Code on July 1, 2014, to dissolve the | 12 |
existing Motor Vehicle Repair Board and replace it | 13 |
with a new board of the same name. | 14 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4775.01, 4775.02, 4775.03, 4775.04, | 15 |
4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and 4775.11 | 16 |
of the Revised Code be amended to read as follows: | 17 |
Sec. 4775.01. As used in this chapter: | 18 |
(A) "Motor vehicle" has the same meaning as in section | 19 |
4501.01 of the Revised Code. | 20 |
(B) " | 21 |
22 | |
23 | |
24 | |
25 |
| 26 |
replacement procedures that are performed on and affect or | 27 |
potentially affect the structural, life safety, auto glass, and | 28 |
cosmetic components of a motor vehicle | 29 |
30 | |
procedure that is employed for the purpose of repairing, | 31 |
restoring, replacing, or refinishing, whether wholly or | 32 |
separately, any structural, life safety, auto glass, or cosmetic | 33 |
component of a motor vehicle
| 34 |
35 | |
36 |
| 37 |
38 | |
39 | |
40 | |
41 |
| 42 |
or aftermarket systems or parts designed for use in or on a motor | 43 |
vehicle, including the drive and power train, engine, | 44 |
transmission, suspension, steering, brakes, illumination system, | 45 |
heating and cooling system, air conditioning, climate controls, | 46 |
exhaust, fuel, ignition, starting and charging, lubrication, | 47 |
tires, driver and passenger restraint systems, vehicle anti-theft, | 48 |
and security systems. | 49 |
(D) "Mechanical repair" means any alteration or maintenance, | 50 |
diagnostic, or repair service procedures that are performed on and | 51 |
affect or potentially affect the operation of a motor vehicle. | 52 |
(E) "Motor vehicle repair" means either a motor vehicle body | 53 |
repair or a motor vehicle mechanical repair. | 54 |
(F) "Motor vehicle window tint operator" means any person, | 55 |
sole proprietorship, foreign or domestic partnership, limited | 56 |
liability corporation, or other legal entity that is not an | 57 |
employee or agent of a principal and installs tinted glass, or | 58 |
transparent, nontransparent, translucent, and reflectorized | 59 |
material in or on five or more motor vehicle windshields, side | 60 |
windows, sidewings, and rear windows in a calendar year. | 61 |
| 62 |
proprietorship, foreign or domestic partnership, limited liability | 63 |
corporation, or other legal entity that is not an employee or | 64 |
agent of a principal and performs five or more motor vehicle | 65 |
repairs in a calendar year, and includes a | 66 |
67 | |
not mean any of the following: | 68 |
(1) An employee, other than a manager, of a motor vehicle | 69 |
repair operator; | 70 |
(2) A new motor vehicle dealer licensed pursuant to sections | 71 |
4517.01 to 4517.45 of the Revised Code, irrespective of whether or | 72 |
not the new motor vehicle dealer also is licensed as a used motor | 73 |
vehicle dealer pursuant to those sections; | 74 |
(3) A new motor vehicle dealer licensed pursuant to sections | 75 |
4517.01 to 4517.45 of the Revised Code who also is the owner, part | 76 |
owner, or operator of a motor vehicle | 77 |
a motor vehicle window tint installation facility; | 78 |
(4) A motor vehicle auction owner licensed pursuant to | 79 |
sections 4517.01 to 4517.45 of the Revised Code who does not | 80 |
perform motor vehicle repairs; | 81 |
(5) A motor vehicle leasing dealer licensed pursuant to | 82 |
sections 4517.01 to 4517.45 of the Revised Code; | 83 |
(6) A motor vehicle salvage dealer licensed pursuant to | 84 |
Chapter 4738. of the Revised Code; | 85 |
(7) A person or lessee who owns or leases ten or more motor | 86 |
vehicles used principally in connection with any established | 87 |
business and who does not perform motor vehicle | 88 |
or motor vehicle window tint installation on motor vehicles other | 89 |
than the motor vehicles used principally in connection with the | 90 |
established business; | 91 |
(8) A motor vehicle renting dealer as defined in division | 92 |
(A)(2) of section 4549.65 of the Revised Code who does not perform | 93 |
motor vehicle | 94 |
installation on motor vehicles other than the motor vehicles used | 95 |
in connection with the established motor vehicle renting business; | 96 |
(9) A person who performs | 97 |
window tint installation on the motor vehicles of a single | 98 |
commercial, industrial, or governmental establishment exclusively | 99 |
and does not offer or provide motor vehicle | 100 |
service or motor vehicle window tint installation to the general | 101 |
public; | 102 |
(10) The owner, part owner, or officer of, or instructor | 103 |
employed by, an educational institution that provides instruction | 104 |
in motor vehicle | 105 |
installation while the owner, part owner, officer of, or | 106 |
instructor is engaging in activity in furtherance of instruction | 107 |
in motor vehicle | 108 |
installation; | 109 |
(11) Any person, sole proprietorship, foreign or domestic | 110 |
partnership, limited liability corporation, or other legal entity | 111 |
that falls within the North American industry classification | 112 |
system industry classification code number 441320 and either | 113 |
receives more than sixty per cent of its annual revenue from the | 114 |
retail sale of new or used tires and inner tubes for those tires | 115 |
or sells at retail new or used tires and inner tubes for those | 116 |
tires and also performs motor vehicle repair; | 117 |
(12) A national general goods retailer that also performs | 118 |
some motor vehicle repair; | 119 |
(13) An automobile club or association that provides motor | 120 |
vehicle repair services for its members; | 121 |
(14) A used motor vehicle dealer licensed pursuant to | 122 |
sections 4517.01 to 4517.45 of the Revised Code. A used motor | 123 |
vehicle dealer whose business receives fifty per cent or more of | 124 |
its gross revenue from motor vehicle repairs is a motor vehicle | 125 |
repair operator for purposes of this section. | 126 |
| 127 |
128 | |
more separate motor vehicle | 129 |
motor vehicles in a | 130 |
131 |
| 132 |
means | 133 |
five or more separate motor vehicle window tint installations are | 134 |
performed on motor vehicles in a
| 135 |
136 | |
137 |
Sec. 4775.02. (A) No person shall act as a motor vehicle | 138 |
139 | |
unless the person is registered in accordance with this chapter. | 140 |
(B) Each motor vehicle repair facility shall be registered | 141 |
separately with the motor vehicle repair board. A facility that | 142 |
conducts both body repairs and mechanical repairs at the same | 143 |
location is required to obtain only one registration from the | 144 |
board. | 145 |
(C) Any person or entity that conducts or attempts to conduct | 146 |
business as a motor vehicle | 147 |
vehicle window tint operator in violation of this chapter performs | 148 |
an unfair and deceptive act or practice in violation of section | 149 |
1345.02 of the Revised Code. | 150 |
Sec. 4775.03. (A) There is hereby created the motor vehicle | 151 |
repair board consisting of seven members appointed by the | 152 |
governor, with the advice and consent of the senate. Each member | 153 |
of the board shall be a resident of the state. Five members shall | 154 |
be motor vehicle | 155 |
possess expertise in motor vehicle mechanical repair, and one | 156 |
member shall be a representative of the public who has no | 157 |
financial interest in the motor vehicle repair industry. | 158 |
(B) Within ninety days after December 18, 1997, the governor | 159 |
shall make initial appointments to the board. Of the initial | 160 |
appointees, two are for terms ending on January 1, 1998, two are | 161 |
for terms ending on January 1, 1999, two are for terms ending on | 162 |
January 1, 2000, and one is for a term ending on January 1, 2001. | 163 |
Thereafter, terms of office are for three years, with each term | 164 |
ending on the same day of the same month as did the term that it | 165 |
succeeds. Each member shall hold office from the date of | 166 |
appointment until the end of the term for which the member was | 167 |
appointed. Vacancies shall be filled in the manner prescribed for | 168 |
original appointments. Any member appointed to fill a vacancy | 169 |
occurring prior to the expiration of the term for which the | 170 |
member's predecessor was appointed shall hold office for the | 171 |
remainder of the term. A member shall continue in office | 172 |
subsequent to the expiration date of the member's term until the | 173 |
member's successor takes office, or until a period of sixty days | 174 |
has elapsed, whichever occurs first. No person shall serve as a | 175 |
member of the board for more than two consecutive full three-year | 176 |
terms. | 177 |
(C) In making appointments to the board under division (B) of | 178 |
this section, the governor shall select the motor vehicle | 179 |
collision repair operator members and the member with expertise in | 180 |
motor vehicle mechanical repair as provided in this division. | 181 |
Within thirty days after December 18, 1997, the automotive service | 182 |
association of Ohio, inc., shall submit a list containing two | 183 |
names for the motor vehicle mechanical repair member and twelve | 184 |
names for the motor vehicle collision repair members and the | 185 |
governor may appoint individuals from the list to fill those six | 186 |
positions. Thereafter, within sixty days of a vacancy occurring as | 187 |
a result of the expiration of a term and within thirty days after | 188 |
other vacancies occurring on the board, the automotive service | 189 |
association of Ohio, inc., shall submit a list containing three | 190 |
names for each vacancy and the governor may appoint one of the | 191 |
individuals from the list to fill the vacancy. If the automotive | 192 |
service association of Ohio, inc., for its respective appointees, | 193 |
fails to make the recommendations to the governor within the time | 194 |
limits set by this division, the governor shall appoint an | 195 |
individual of the governor's own choosing provided that the | 196 |
individual meets the qualifications of division (A) of this | 197 |
section. | 198 |
(D) Before entering upon the duties of office, each member | 199 |
shall take an oath of office as required by section 3.22 of the | 200 |
Revised Code. The governor may remove any member for misconduct, | 201 |
neglect of duty, incapacity, or malfeasance in accordance with | 202 |
section 3.04 of the Revised Code. | 203 |
(E) The board shall meet at least four times each year, and | 204 |
additional meetings may be held upon the written request of any | 205 |
four members of the board or upon the call of the chairperson. The | 206 |
board shall elect from among its membership a chairperson and | 207 |
vice-chairperson, each of whom shall serve for a term of one year. | 208 |
A majority of the members of the board constitutes a quorum to | 209 |
transact and vote on the business of the board. The chairperson | 210 |
may appoint committees as the chairperson considers necessary to | 211 |
carry out the duties of the board. | 212 |
(F) Each member of the board shall receive a per diem amount | 213 |
fixed pursuant to section 124.15 of the Revised Code when actually | 214 |
attending to matters of the board and for the time spent in | 215 |
necessary travel, and all actual and necessary expenses incurred | 216 |
in the discharge of the member's duties. | 217 |
Sec. 4775.04. | 218 |
all of the following: | 219 |
| 220 |
Revised Code as necessary to carry out the purposes of this | 221 |
chapter. The rules | 222 |
(1) The requirements for the type of liability insurance | 223 |
required under division (A) of section 4775.07 of the Revised | 224 |
Code. The rules shall permit the use of an insurance policy issued | 225 |
by any insurer authorized to issue that type of insurance in this | 226 |
state. | 227 |
(2) Consumer education and protection, including inside and | 228 |
outside signage for the benefit of consumers and the establishment | 229 |
of a toll-free telephone number for consumers to call to voice | 230 |
complaints about an operator; | 231 |
(3) Relevant aspects of registration of motor vehicle repair | 232 |
operators, including the identification by national institute of | 233 |
automotive service excellence category of services provided or | 234 |
their equivalents; persons whom the board determines are exempt | 235 |
from the requirements of this chapter, in addition to those | 236 |
persons described in division (F) of section 4775.01 of the | 237 |
Revised Code; and the form for license applications; | 238 |
(4) The contents of all estimates, whether for body repair, | 239 |
mechanical repair, or both; | 240 |
(5) The contents of all invoices; | 241 |
(6) Compliance by operators with all local ordinances or | 242 |
resolutions, state statutes and rules, and federal statutes and | 243 |
regulations; | 244 |
(7) The certification of technicians; | 245 |
(8) Minimum training requirements for technicians and | 246 |
administrative staff; | 247 |
(9) Appropriate equipment requirements for operators who | 248 |
perform body repair and those who perform mechanical repair. | 249 |
(B) Appoint an executive director to serve at the pleasure of | 250 |
the board; | 251 |
| 252 |
director shall perform the duties imposed under this chapter; | 253 |
| 254 |
matters submitted to the board by the executive director; | 255 |
| 256 |
registration certificate or determine whether to waive a | 257 |
suspension of a registration certificate as provided in division | 258 |
(D) of section 4775.07 of the Revised Code; | 259 |
| 260 |
for the administration and enforcement of this chapter. | 261 |
| 262 |
263 | |
264 | |
265 |
Sec. 4775.05. (A) The motor vehicle repair board shall | 266 |
appoint an individual who is not a member of the board as a | 267 |
full-time employee of the board to serve as the executive director | 268 |
of the board. The executive director shall serve at the pleasure | 269 |
and direction of the board. The director of administrative | 270 |
services shall establish the executive director's salary in a pay | 271 |
range as provided in division (J) of section 124.15 of the Revised | 272 |
Code. The executive director, subject to the approval of the | 273 |
board, shall determine the office space, supplies, and | 274 |
professional and clerical assistance necessary to effectively | 275 |
perform the executive director's duties. | 276 |
(B) The executive director shall perform all the following | 277 |
duties: | 278 |
(1) Review and submit to the board, for its approval, | 279 |
applications for registration pursuant to section 4775.07 of the | 280 |
Revised Code; | 281 |
(2) Issue registration certificates, as approved by the | 282 |
board, to persons who meet the qualifications for registration | 283 |
under division (A) of section 4775.07 of the Revised Code; | 284 |
(3) Maintain a written record of all persons registered | 285 |
pursuant to section 4775.07 of the Revised Code. The record shall | 286 |
include the name, address, and motor vehicle repair registration | 287 |
certificate number of each registered motor vehicle repair | 288 |
operator. The executive director shall make this record available | 289 |
to any person upon request and payment of a fee sufficient to | 290 |
cover the cost of copying the record. | 291 |
(4) Collect all fees pursuant to section 4775.08 of the | 292 |
Revised Code; | 293 |
(5) Appoint | 294 |
assist the executive director in carrying out this chapter, who | 295 |
shall serve at the pleasure of the director; | 296 |
(6) Gather evidence of violations of this chapter by any | 297 |
person or motor vehicle repair operator, or any partner or officer | 298 |
of any motor vehicle repair operator, and, upon reasonable belief | 299 |
that a violation has occurred, present the evidence to the board | 300 |
for its consideration and possible action by the board under | 301 |
section 4775.02 of the Revised Code. Nothing in division (B)(6) of | 302 |
this section shall be construed as authorizing the executive | 303 |
director or the board to enforce any provision of law other than | 304 |
this chapter. If, however, the executive director or board, in | 305 |
conducting investigations under those sections, determines or | 306 |
suspects that a person has violated any other provision of law, | 307 |
the executive director or board shall notify the governmental | 308 |
entity that is responsible for enforcement of that provision of | 309 |
law. | 310 |
(7) Serve as secretary of the board and maintain a written | 311 |
record of all of the proceedings of the board; | 312 |
(8) Notify all motor vehicle repair operators of changes in | 313 |
this chapter and rules adopted pursuant to this chapter; | 314 |
(9) Do all other things requested by the board for the | 315 |
administration and enforcement of this chapter. | 316 |
(C) The executive director may provide information that is | 317 |
relevant to motor vehicle | 318 |
319 | |
motor vehicle window tint installation to motor vehicle window | 320 |
tint installation operators or other persons, and may communicate | 321 |
with any person, or respond to communications from any person, in | 322 |
matters pertaining to motor vehicle | 323 |
tint installation. | 324 |
Sec. 4775.06. An | 325 |
by the executive director to assist the executive director in | 326 |
carrying out this chapter shall report to the executive director | 327 |
and the motor vehicle repair board the name and address of any | 328 |
motor vehicle repair operator that the | 329 |
reasonable grounds to believe is operating in violation of this | 330 |
chapter, and shall notify the operator of the suspected violation. | 331 |
The report shall be based on investigation practices and | 332 |
procedures approved by the board. Within sixty days after | 333 |
notification is sent, an
| 334 |
determine whether the motor vehicle repair operator who has been | 335 |
notified of a suspected violation has come into compliance with | 336 |
the requirements of this chapter. If the motor vehicle repair | 337 |
operator fails to correct the suspected violation within sixty | 338 |
days after the date the operator receives the notification, the | 339 |
340 | |
director and the board of the operator's failure to correct the | 341 |
suspected violation. Upon receiving a second notification of an | 342 |
operator's failure to comply with this chapter, the executive | 343 |
director shall notify the government entity having enforcement | 344 |
authority over the condition or activity giving rise to the | 345 |
suspected violation in writing of the condition or activity, the | 346 |
nature of the suspected violation, and the name and address of the | 347 |
operator suspected of violating this chapter. An
| 348 |
349 | |
any action taken in connection with the suspected violation with | 350 |
the appropriate government entity, including any investigation or | 351 |
charges that are filed in connection with the suspected violation. | 352 |
Upon obtaining such information, the executive director or the | 353 |
354 | |
notify the board of the progress of the suspected violation and | 355 |
any accompanying investigation, charges, or other action taken in | 356 |
connection with the suspected violation. | 357 |
Sec. 4775.07. (A) Any person required to be registered as a | 358 |
motor vehicle repair operator shall apply to the motor vehicle | 359 |
repair board upon application forms prescribed by the board. The | 360 |
forms shall contain sufficient information to identify the | 361 |
applicant, including name, address, state tax identification | 362 |
number, and any other identifying data prescribed by rule of the | 363 |
board. If the applicant is a partnership, identifying data as | 364 |
prescribed by the board may be required for each partner. If the | 365 |
applicant is a corporation, identifying data may be required for | 366 |
each officer of the corporation and each person in charge of each | 367 |
place of the motor vehicle repair operator's business in this | 368 |
state. If the applicant is licensed as a used motor vehicle dealer | 369 |
pursuant to sections 4517.01 to 4517.45 of the Revised Code, the | 370 |
applicant shall include on the application the applicant's used | 371 |
motor vehicle dealer license number as assigned by the bureau of | 372 |
motor vehicles. The applicant shall affirm the application by | 373 |
oath. The applicant shall include with the application the initial | 374 |
registration fee set forth in section 4775.08 of the Revised Code | 375 |
and proof satisfactory to the board that the applicant has a | 376 |
current state and federal tax identification number, a valid | 377 |
vendor's license issued pursuant to section 5739.17 of the Revised | 378 |
Code, a United States environmental protection agency | 379 |
identification number issued under the "Resource Conservation and | 380 |
Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as | 381 |
amended, and regulations adopted under that act, proof of | 382 |
possession of all permits required under Chapter 3704. of the | 383 |
Revised Code, general liability insurance and liability insurance | 384 |
that protects a person against liability for damage to motor | 385 |
vehicles in the applicant's care, custody, or control in an amount | 386 |
and form that conforms to the rules the board adopts under section | 387 |
4775.04 of the Revised Code, and coverage under Chapters 4123. and | 388 |
4141. of the Revised Code. In addition, the applicant shall affirm | 389 |
that the applicant is in compliance with all applicable federal | 390 |
and state statutes and rules and all local ordinances and | 391 |
resolutions, including all applicable zoning regulations. | 392 |
(B) Upon receipt of the completed application form and fees | 393 |
and after the board determines that the applicant meets the | 394 |
requirements for registration under division (A) of this section, | 395 |
the board shall direct the executive director to issue a | 396 |
registration certificate to the applicant for each place of | 397 |
business. The motor vehicle repair operator shall display the | 398 |
registration certificate in a conspicuous place on the premises of | 399 |
the business for which the registration is obtained. | 400 |
(C) Each registration certificate issued under this section | 401 |
expires annually on the date of its original issuance and may be | 402 |
renewed in accordance with the standard renewal procedure of | 403 |
Chapter 4745. of the Revised Code. The application for a renewal | 404 |
of a registration certificate shall be accompanied by the same | 405 |
information and proof as is required to accompany an initial | 406 |
application under division (A) of this section. | 407 |
(D) When a motor vehicle repair operator experiences a change | 408 |
in any information or data required under division (A) of this | 409 |
section or by rule of the board for registration as a motor | 410 |
vehicle repair operator, the motor vehicle repair operator shall | 411 |
submit written notification of the change to the board within | 412 |
sixty days after the date that the information becomes obsolete. | 413 |
If a motor vehicle repair operator fails to submit the written | 414 |
notification of a change in information or data within sixty days | 415 |
after the change in information or data, the operator's | 416 |
registration certificate is automatically suspended, except that | 417 |
the board may waive the suspension for good cause shown. | 418 |
(E) Notwithstanding section 5703.21 of the Revised Code, the | 419 |
department of taxation may disclose to the board any information | 420 |
necessary for the board to verify the existence of an applicant's | 421 |
valid vendor's license and current state tax identification | 422 |
number. | 423 |
Sec. 4775.08. (A) The initial and annual renewal fee for a | 424 |
motor vehicle repair registration certificate and for a temporary | 425 |
motor vehicle repair registration certificate is one hundred fifty | 426 |
dollars for each business location at which the motor vehicle | 427 |
repair operator conducts business as an operator, except that the | 428 |
motor vehicle repair board, with the approval of the controlling | 429 |
board, may establish fees in excess of or less than that amount, | 430 |
provided that such fees do not exceed | 431 |
432 | |
shall issue a new, renewal, or temporary registration certificate | 433 |
to a used motor vehicle dealer licensed under Chapter 4517. of the | 434 |
Revised Code without payment of any fee. | 435 |
The board shall adjust the fees as necessary in order to | 436 |
provide for the expenses associated with carrying out this | 437 |
chapter. | 438 |
(B) If the board has notified or attempted to notify a motor | 439 |
vehicle repair operator that the operator is required to be | 440 |
registered under this chapter, and the operator fails to register, | 441 |
the initial fee for the registration of such an unregistered | 442 |
operator for each business location at which the operator conducts | 443 |
business as an operator, is the initial fee then in effect plus an | 444 |
additional amount equal to the initial fee then in effect for each | 445 |
calendar year that the operator is not registered after the board | 446 |
has notified or attempted to notify the operator. The board may | 447 |
impose a late fee for a registration that is overdue under this | 448 |
division. | 449 |
(C) The board shall deposit all fees and fines collected | 450 |
under this chapter into the occupational licensing and regulatory | 451 |
fund created by section 4743.05 of the Revised Code. | 452 |
Sec. 4775.09. (A)(1) In accordance with Chapter 119. of the | 453 |
Revised Code, the motor vehicle repair board may refuse to issue | 454 |
or renew a registration certificate or may determine whether to | 455 |
waive a suspension of a registration certificate as provided in | 456 |
division (D) of section 4775.07 of the Revised Code. | 457 |
(2) Within ten days after receipt of an abstract from a | 458 |
county court judge, mayor of a mayor's court, or clerk of a court | 459 |
of record indicating a violation of division (D) of section | 460 |
4513.241 of the Revised Code, the board shall determine whether | 461 |
the person named in the abstract is registered with the board and, | 462 |
if the person is so registered, shall further determine whether | 463 |
the person previously has been convicted of or pleaded guilty to a | 464 |
violation of that section. If the person previously has been | 465 |
convicted of or pleaded guilty to a violation of that section, the | 466 |
board, in accordance with Chapter 119. of the Revised Code but | 467 |
without a prior hearing, shall suspend the person's registration | 468 |
for a period of not more than one hundred eighty days. | 469 |
(B) The court of common pleas of Franklin county has | 470 |
exclusive jurisdiction over any person who conducts, or attempts | 471 |
to conduct, business as a motor vehicle repair operator in | 472 |
violation of this chapter or any rule adopted under this chapter. | 473 |
The court, on application of the board, may issue an injunction, a | 474 |
cease and desist order, or other appropriate order restraining the | 475 |
person from continuing the violation. This section shall operate | 476 |
in addition to and shall not prohibit the enforcement of any other | 477 |
law. | 478 |
(C) Upon the request of the executive director or as a result | 479 |
of complaints, the board shall investigate the alleged violation. | 480 |
(D) No person required to be registered under this chapter | 481 |
shall have the benefit of any lien for labor or materials unless | 482 |
the person is registered under this chapter. | 483 |
(E) No person whose application for registration under this | 484 |
chapter is denied shall open or operate a facility for business as | 485 |
a motor vehicle | 486 |
tint installation facility under the name of the person designated | 487 |
in the application for a registration certificate or under any | 488 |
other name prior to registering as a motor vehicle repair operator | 489 |
in accordance with this chapter. | 490 |
Sec. 4775.10. (A) A motor vehicle repair operator who | 491 |
substantially complies with the requirements of this chapter for | 492 |
registration as a motor vehicle repair operator and who is making | 493 |
a good faith effort toward achieving compliance with all | 494 |
requirements of this chapter may obtain a temporary motor vehicle | 495 |
repair registration certificate. Following the application of, and | 496 |
payment of a fee by a motor vehicle repair operator, the motor | 497 |
vehicle repair board, in its discretion, may direct the executive | 498 |
director to issue a temporary registration certificate to a motor | 499 |
vehicle repair operator the board finds to be in substantial | 500 |
compliance with the requirements of this chapter for registration | 501 |
and who is making a good faith effort toward achieving compliance | 502 |
with all requirements of this chapter. A temporary motor vehicle | 503 |
repair registration issued on or after the effective date of this | 504 |
amendment is valid for one year and may be renewed at the | 505 |
discretion of the board. | 506 |
| 507 |
508 | |
509 | |
510 | |
511 | |
512 | |
registration certificate prior to the expiration of the operator's | 513 |
temporary registration certificate, a portion of the fee paid by | 514 |
the motor vehicle repair operator to obtain the temporary | 515 |
registration certificate shall be applied to the fee imposed under | 516 |
section 4775.08 of the Revised Code to obtain a regular | 517 |
registration certificate in an amount that corresponds to the | 518 |
portion of the year the operator is not utilizing the temporary | 519 |
registration certificate. | 520 |
Upon receiving direction from the board, the executive | 521 |
director shall issue a temporary registration certificate. | 522 |
(B) The board shall adopt rules in accordance with Chapter | 523 |
119. of the Revised Code that specify criteria a motor vehicle | 524 |
repair operator shall meet in order to be considered to be in | 525 |
substantial compliance with the registration requirements of this | 526 |
chapter, and that specify criteria a motor vehicle repair operator | 527 |
shall meet in order to be considered as making a good faith effort | 528 |
toward achieving compliance with all requirements of this chapter. | 529 |
The board shall consider the impact of the rules it adopts under | 530 |
this division on encouraging competition | 531 |
vehicle repair operators and not impairing the ability of | 532 |
operators who have been in the motor vehicle repair business for | 533 |
less than one year to succeed in the market place. | 534 |
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Sec. 4775.11. It is the intent of the general assembly to | 557 |
preempt any local ordinance, resolution, or other law adopted or | 558 |
enacted after December 18, 1997, that is limited to the | 559 |
registration of persons engaged in business as motor vehicle | 560 |
repair operators in a manner corresponding to the provisions of | 561 |
this chapter. This chapter does not preempt any local law adopted | 562 |
or enacted prior to December 18, 1997, for motor vehicle | 563 |
repair operators or | 564 |
2013, for motor vehicle window tint operators, or that may require | 565 |
registration or licensure as a component of imposing additional | 566 |
requirements on persons engaged in business as motor vehicle | 567 |
repair operators or technicians. Nor does it preempt the | 568 |
enforcement of any local law regulating motor vehicle repair | 569 |
operators or technicians, including building, zoning, health, | 570 |
safety, or other similar codes or laws. | 571 |
Section 2. That existing sections 4775.01, 4775.02, 4775.03, | 572 |
4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, and | 573 |
4775.11 of the Revised Code are hereby repealed. | 574 |
Section 3. That section 4775.03 of the Revised Code as it | 575 |
results from Section 1 of this act be amended to read as follows: | 576 |
Sec. 4775.03. (A) There is hereby created the motor vehicle | 577 |
repair board consisting of seven members appointed by the | 578 |
governor, with the advice and consent of the senate. Each member | 579 |
of the board shall be a resident of the state. | 580 |
shall be motor vehicle body repair operators | 581 |
members shall
| 582 |
repair operators, two members each of whom shall be either a motor | 583 |
vehicle window tint operator or a person who owns or manages an | 584 |
auto glass repair or replacement business, and one member shall be | 585 |
a representative of the public who has no financial interest in | 586 |
the motor vehicle repair industry. | 587 |
(B) | 588 |
governor shall make initial appointments to the board. Of the | 589 |
initial appointees, | 590 |
591 | |
two are for terms ending on January 1, | 592 |
593 | |
for three years, with each term ending on the same day of the same | 594 |
month as did the term that it succeeds. Each member shall hold | 595 |
office from the date of appointment until the end of the term for | 596 |
which the member was appointed. Vacancies shall be filled in the | 597 |
manner prescribed for original appointments. Any member appointed | 598 |
to fill a vacancy occurring prior to the expiration of the term | 599 |
for which the member's predecessor was appointed shall hold office | 600 |
for the remainder of the term. A member shall continue in office | 601 |
subsequent to the expiration date of the member's term until the | 602 |
member's successor takes office, or until a period of sixty days | 603 |
has elapsed, whichever occurs first. No person shall serve as a | 604 |
member of the board for more than two consecutive full three-year | 605 |
terms. | 606 |
(C) In making appointments to the board under division (B) of | 607 |
this section, the governor shall select six of the | 608 |
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611 | |
service association of Ohio, inc., shall submit a list containing | 612 |
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members, and the members who are either a motor vehicle window | 615 |
tint operator or a person who owns or manages an auto glass repair | 616 |
or replacement business, and the governor may appoint individuals | 617 |
from the list to fill those six positions. Thereafter, within | 618 |
sixty days of a vacancy occurring as a result of the expiration of | 619 |
a term and within thirty days after other vacancies occurring on | 620 |
the board, the automotive service association of Ohio, inc., shall | 621 |
submit a list containing three names for each vacancy and the | 622 |
governor may appoint one of the individuals from the list to fill | 623 |
the vacancy. If the automotive service association of Ohio, inc., | 624 |
for its respective appointees, fails to make the recommendations | 625 |
to the governor within the time limits set by this division, the | 626 |
governor shall appoint an individual of the governor's own | 627 |
choosing provided that the individual meets the qualifications of | 628 |
division (A) of this section. | 629 |
(D) Before entering upon the duties of office, each member | 630 |
shall take an oath of office as required by section 3.22 of the | 631 |
Revised Code. The governor may remove any member for misconduct, | 632 |
neglect of duty, incapacity, or malfeasance in accordance with | 633 |
section 3.04 of the Revised Code. | 634 |
(E) The board shall meet at least four times each year, and | 635 |
additional meetings may be held upon the written request of any | 636 |
four members of the board or upon the call of the chairperson. The | 637 |
board shall elect from among its membership a chairperson and | 638 |
vice-chairperson, each of whom shall serve for a term of one year. | 639 |
A majority of the members of the board constitutes a quorum to | 640 |
transact and vote on the business of the board. The chairperson | 641 |
may appoint committees as the chairperson considers necessary to | 642 |
carry out the duties of the board. | 643 |
(F) Each member of the board shall receive a per diem amount | 644 |
fixed pursuant to section 124.15 of the Revised Code when actually | 645 |
attending to matters of the board and for the time spent in | 646 |
necessary travel, and all actual and necessary expenses incurred | 647 |
in the discharge of the member's duties. | 648 |
Section 4. That existing section 4775.03 of the Revised Code | 649 |
as it results from Section 1 of this act is hereby repealed. | 650 |
Section 5. Sections 3 and 4 of this act take effect July 1, | 651 |
2014. | 652 |
Section 6. The Motor Vehicle Repair Board in existence on | 653 |
June 30, 2014, is hereby dissolved as of July 1, 2014, and the | 654 |
Motor Vehicle Repair Board created in section 4775.03 of the | 655 |
Revised Code in Section 3 of this act shall take the dissolved | 656 |
Board's place and assume its duties. | 657 |
The Governor shall make the appointments to the Motor Vehicle | 658 |
Repair Board for the terms of office prescribed in section 4775.03 | 659 |
of the Revised Code as contained in Section 3 of this act not | 660 |
later than July 1, 2014. In order to permit the Governor to make | 661 |
the appointments as described in this section, the organizations | 662 |
specified in division (C) of section 4775.03 of the Revised Code | 663 |
as contained in Section 3 of this act shall submit the lists | 664 |
described in section 4775.03 of the Revised Code contained in | 665 |
Section 3 of this act to the Governor not later than April 1, | 666 |
2014. | 667 |