As Introduced
135th General Assembly
Regular Session S. B. No. 306
2023-2024
Senator Brenner
A BILL
To amend sections 4517.01, 4517.10, 4517.32, 1
4517.33, 4517.34, 4517.49, 4517.52, 4517.541, 2
4517.542, 4517.55, 4517.59, and 4517.99 and to 3
enact sections 4517.70, 4517.71, 4517.72, 4
4517.73, 4517.74, 4517.741, 4517.75, 4517.76, 5
4517.77, 4517.78, and 4517.79 of the Revised 6
Code to modify the Motor Vehicle Sales Law as it 7
pertains to recreational vehicles. 8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4517.01, 4517.10, 4517.32, 9
4517.33, 4517.34, 4517.49, 4517.52, 4517.541, 4517.542, 4517.55, 10
4517.59, and 4517.99 be amended and sections 4517.70, 4517.71, 11
4517.72, 4517.73, 4517.74, 4517.741, 4517.75, 4517.76, 4517.77, 12
4517.78, and 4517.79 of the Revised Code be enacted to read as 13
follows: 14
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 15
the Revised Codethis chapter: 16
(A) "Persons" includes individuals, partnerships, 17
associations, joint stock companies, corporations, sole 18
proprietorships, limited liability companies, limited liability 19
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As Introduced
partnerships, business trusts, and any other legally recognized 20
business entities or any combinations of individuals. 21
(B) "Motor vehicle" means motor vehicle as defined in 22
section 4501.01 of the Revised Code and also includes "all- 23
purpose vehicle" and "off-highway motorcycle" as those terms are 24
defined in section 4519.01 of the Revised Code. "Motor vehicle" 25
does not include a snowmobile as defined in section 4519.01 of 26
the Revised Code or manufactured and mobile homes. 27
(C) "New motor vehicle" means a motor vehicle, the legal 28
title to which has never been transferred by a manufacturer, 29
remanufacturer, distributor, or dealer to an ultimate purchaser. 30
(D) "Ultimate purchaser" means, with respect to any new 31
motor vehicle, the first person, other than a dealer purchasing 32
in the capacity of a dealer, who in good faith purchases such 33
new motor vehicle for purposes other than resale. 34
(E) "Business" includes any activities engaged in by any 35
person for the object of gain, benefit, or advantage either 36
direct or indirect, including activities conducted through the 37
internet or another computer network. 38
(F) "Engaging in business" means commencing, conducting, 39
or continuing in business, or liquidating a business when the 40
liquidator thereof holds self out to be conducting such 41
business; making a casual sale or otherwise making transfers in 42
the ordinary course of business when the transfers are made in 43
connection with the disposition of all or substantially all of 44
the transferor's assets is not engaging in business. 45
(G) "Retail sale" or "selling at retail" means the act or 46
attempted act of selling, bartering, exchanging, or otherwise 47
disposing of a motor vehicle, including through use of the 48
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As Introduced
internet or another computer network, to an ultimate purchaser. 49
(H) "Retail installment contract" includes any contract in 50
the form of a note, chattel mortgage, conditional sales 51
contract, lease, agreement, or other instrument payable in one 52
or more installments over a period of time and arising out of 53
the retail sale of a motor vehicle. 54
(I) "Farm machinery" means all machines and tools used in 55
the production, harvesting, and care of farm products. 56
(J) "Dealer" or "motor vehicle dealer" means any new motor 57
vehicle dealer, any motor vehicle leasing dealer, any adaptive 58
mobility dealer, and any used motor vehicle dealer. 59
(K) "New motor vehicle dealer" means any person engaged in 60
the business of selling at retail, displaying, offering for 61
sale, or dealing in new motor vehicles pursuant to a contract or 62
agreement entered into with the manufacturer, remanufacturer, or 63
distributor of the motor vehicles. 64
(L) "Used motor vehicle dealer" means any person engaged 65
in the business of selling, displaying, offering for sale, or 66
dealing in used motor vehicles, at retail or wholesale, but does 67
not mean any new motor vehicle dealer selling, displaying, 68
offering for sale, or dealing in used motor vehicles 69
incidentally to engaging in the business of selling, displaying, 70
offering for sale, or dealing in new motor vehicles, any person 71
engaged in the business of dismantling, salvaging, or rebuilding 72
motor vehicles by means of using used parts, or any public 73
officer performing official duties. 74
(M) "Motor vehicle leasing dealer" means any person 75
engaged in the business of regularly making available, offering 76
to make available, or arranging for another person to use a 77
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As Introduced
motor vehicle pursuant to a bailment, lease, sublease, or other 78
contractual arrangement under which a charge is made for its use 79
at a periodic rate for a term of thirty days or more, and title 80
to the motor vehicle is in and remains in the motor vehicle 81
leasing dealer who originally leases it, irrespective of whether 82
or not the motor vehicle is the subject of a later sublease, and 83
not in the user, including any financial institution acting as a 84
lessor for a lease or sublease. "Motor vehicle leasing dealer" 85
does not include a new motor vehicle dealer that is not the 86
lessor and that only assists in arranging a lease on the 87
lessor's behalf or a manufacturer or its affiliate leasing to 88
its employees or to dealers. 89
(N) "Salesperson" means any person employed by a dealer to 90
sell, display, and offer for sale, or deal in motor vehicles for 91
a commission, compensation, or other valuable consideration, but 92
does not mean any public officer performing official duties. 93
(O) "Casual sale" means any transfer of a motor vehicle by 94
a person other than a new motor vehicle dealer, used motor 95
vehicle dealer, adaptive mobility dealer, motor vehicle salvage 96
dealer, as defined in division (A) of section 4738.01 of the 97
Revised Code, salesperson, motor vehicle auction owner, 98
manufacturer, or distributor acting in the capacity of a dealer, 99
salesperson, auction owner, manufacturer, or distributor, to a 100
person who purchases the motor vehicle for use as a consumer. 101
(P) "Motor vehicle auction owner" means any person who is 102
engaged wholly or in part in the business of auctioning motor 103
vehicles, but does not mean a construction equipment auctioneer 104
or a construction equipment auction licensee. 105
(Q) "Manufacturer" means a person who manufactures, 106
assembles, or imports motor vehicles, including motor homes, but 107
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As Introduced
does not mean a person who only assembles or installs a body, 108
special equipment unit, finishing trim, or accessories on a 109
motor vehicle chassis supplied by a manufacturer or distributor. 110
(R) "Tent-type fold-out camping trailer" means any vehicle 111
intended to be used, when stationary, as a temporary shelter 112
with living and sleeping facilities, and that is subject to the 113
following properties and limitations: 114
(1) A minimum of twenty-five per cent of the fold-out 115
portion of the top and sidewalls combined must be constructed of 116
canvas, vinyl, or other fabric, and form an integral part of the 117
shelter. 118
(2) When folded, the unit must not exceed: 119
(a) Fifteen feet in length, exclusive of bumper and 120
tongue; 121
(b) Sixty inches in height from the point of contact with 122
the ground; 123
(c) Eight feet in width; 124
(d) One ton gross weight at time of sale. 125
(S) "Distributor" means any person authorized by a motor 126
vehicle manufacturer to distribute new motor vehicles to 127
licensed new motor vehicle dealers, but does not mean a person 128
who only assembles or installs a body, special equipment unit, 129
finishing trim, or accessories on a motor vehicle chassis 130
supplied by a manufacturer or distributor. 131
(T) "Flea market" means a market place, other than a 132
dealer's location licensed under this chapter, where a space or 133
location is provided for a fee or compensation to a seller to 134
exhibit and offer for sale or trade, motor vehicles to the 135
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As Introduced
general public. 136
(U) "Franchise" means any written agreement, contract, or 137
understanding between any motor vehicle manufacturer or 138
remanufacturer engaged in commerce and any new motor vehicle 139
dealer that purports to fix the legal rights and liabilities of 140
the parties to such agreement, contract, or understanding. 141
"Franchise" does not include a recreational vehicle franchise. 142
(V) "Franchisee" means a person who receives new motor 143
vehicles from the franchisor under a franchise agreement and who 144
offers, sells, and provides service for such new motor vehicles 145
to the general public. "Franchisee" does not include a 146
recreational vehicle franchisee. 147
(W) "Franchisor" means a new motor vehicle manufacturer, 148
remanufacturer, or distributor who supplies new motor vehicles 149
under a franchise agreement to a franchisee. "Franchisor" does 150
not include a recreational vehicle franchisor. 151
(X) "Dealer organization" means a state or local trade 152
association the membership of which is comprised predominantly 153
of new motor vehicle dealers. 154
(Y) "Factory representative" means a representative 155
employed by a manufacturer, remanufacturer, or by a factory 156
branch primarily for the purpose of promoting the sale of its 157
motor vehicles, parts, or accessories to dealers or for 158
supervising or contacting its dealers or prospective dealers. 159
(Z) "Administrative or executive management" means those 160
individuals who are not subject to federal wage and hour laws. 161
(AA) "Good faith" means honesty in the conduct or 162
transaction concerned and the observance of reasonable 163
commercial standards of fair dealing in the trade as is defined 164
S. B. No. 306 Page 7
As Introduced
in section 1301.201 of the Revised Code, including, but not 165
limited to, the duty to act in a fair and equitable manner so as 166
to guarantee freedom from coercion, intimidation, or threats of 167
coercion or intimidation; provided however, that recommendation, 168
endorsement, exposition, persuasion, urging, or argument shall 169
not be considered to constitute a lack of good faith. 170
(BB) "Coerce" means to compel or attempt to compel by 171
failing to act in good faith or by threat of economic harm, 172
breach of contract, or other adverse consequences. Coerce does 173
not mean to argue, urge, recommend, or persuade. 174
(CC) "Relevant market area" means any area within a radius 175
of ten miles from the site of a potential new dealership, except 176
that for manufactured home or recreational vehicle dealerships 177
the radius shall be twenty-five miles. The ten-mile radius shall 178
be measured from the dealer's established place of business that 179
is used exclusively for the purpose of selling, displaying, 180
offering for sale, or dealing in motor vehicles. 181
(DD) "Wholesale" or "at wholesale" means the act or 182
attempted act of selling, bartering, exchanging, or otherwise 183
disposing of a motor vehicle to a transferee for the purpose of 184
resale and not for ultimate consumption by that transferee. 185
(EE) "Motor vehicle wholesaler" means any person licensed 186
as a dealer under the laws of another state and engaged in the 187
business of selling, displaying, or offering for sale used motor 188
vehicles, at wholesale, but does not mean any motor vehicle 189
dealer as defined in this section. 190
(FF)(1) "Remanufacturer" means a person who assembles or 191
installs passenger seating, walls, a roof elevation, or a body 192
extension on a conversion van with the motor vehicle chassis 193
S. B. No. 306 Page 8
As Introduced
supplied by a manufacturer or distributor, a person who modifies 194
a truck chassis supplied by a manufacturer or distributor for 195
use as a public safety or public service vehicle, a person who 196
modifies a motor vehicle chassis supplied by a manufacturer or 197
distributor for use as a limousine or hearse, or a person who 198
modifies an incomplete motor vehicle cab and chassis supplied by 199
a new motor vehicle dealer or distributor for use as a tow 200
truck, but does not mean either of the following: 201
(a) A person who assembles or installs passenger seating, 202
a roof elevation, or a body extension on a recreational vehicle 203
as defined in division (Q) and referred to in division (B) of 204
section 4501.01 of the Revised Code; 205
(b) An adaptive mobility dealer. 206
(2) For the purposes of division (FF)(1) of this section, 207
"public safety vehicle or public service vehicle" means a fire 208
truck, ambulance, school bus, street sweeper, garbage packing 209
truck, or cement mixer, or a mobile self-contained facility 210
vehicle. 211
(3) For the purposes of division (FF)(1) of this section, 212
"limousine" means a motor vehicle, designed only for the purpose 213
of carrying nine or fewer passengers, that a person modifies by 214
cutting the original chassis, lengthening the wheelbase by forty 215
inches or more, and reinforcing the chassis in such a way that 216
all modifications comply with all applicable federal motor 217
vehicle safety standards. No person shall qualify as or be 218
deemed to be a remanufacturer who produces limousines unless the 219
person has a written agreement with the manufacturer of the 220
chassis the person utilizes to produce the limous