8/6/2019 OAA Proposed Amendments to Am Sub H B 153 (H2261311-2)

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Proposed Amendments to Am. Sub. H.B. 153

Key:

Plain Text: Current law language.

Underlined but not bold: Amendments as proposed and passed in the Senate in HB 153.

Bold and Underlined: Language we are proposing.Strikethrough: Language that is currently in the bill or law that we recommend

deleting.

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the Revised Code:

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(MM) "Large construction or transportation equipment" means vehicles having a grossvehicle weight rating of more than ten thousand pounds, and includes road rollers, traction

engines, power shovels, power cranes, trailers, commercial cars and trucks, or farm trucks,

and other similar vehicles obtained primarily from the construction, mining, transportation,

industrial, farming industries or governmental agencies.

Sec. 4517.02. (A) Except as otherwise provided in this section, no person shall do any of thefollowing:

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(7) Engage in the business of auctioning both large construction or transportation

equipment and also motor vehicles incident thereto, unless the person is a constructionequipment auctioneer or the person is licensed as a motor vehicle auction owner and the

person uses an auctioneer who is licensed under Chapter 4707. of the Revised Code to

conduct the auction. For the purposes of Section 4517.02(A)(7), motor vehicle does not

include utility vehicles as defined in division (VV) of Section 4501.01 of the Revised

Code , large construction or transportation equipment as defined in division (MM) ofSection 4517.01 of the Revised Code, motorized bicycles, road rollers, traction engines,

power shovels, power cranes, and other equipment used in construction work and not

designed for or employed in general highway transportation, well-drilling machinery,

ditch-digging machinery, farm machinery, and trailers that are designed and used

exclusively to transport a boat between a place of storage and a marina, or in and

around a marina, when drawn or towed on a public road or highway for a distance of

no more than ten miles and at a speed of twenty-five miles per hour or less.

(B) Nothing in this section shall be construed to require an auctioneer licensed under sections

4707.01 to 4707.19 of the Revised Code, to obtain a motor vehicle salesperson's license

under sections 4517.01 to 4517.45 of the Revised Code when conducting an auction sale fora licensed motor vehicle dealer on the dealer's premises, or when conducting an auction sale

for a licensed motor vehicle auction owner; nor shall such an auctioneer be required to obtain

a motor vehicle auction owner's license under sections 4517.01 to 4517.45 of the RevisedCode when engaged in auctioning for a licensed motor vehicle auction owner.

The establishment of a construction equipment auction license by Am. Sub. H.B. 114 and

Am. Sub. H.B. 153 of the 129th general assembly shall not in any way modify, limit, or

http://codes.ohio.gov/orc/4501.01http://codes.ohio.gov/orc/4501.01

8/6/2019 OAA Proposed Amendments to Am Sub H B 153 (H2261311-2)

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restrict in any mannerthe authority granted to a person or business to conduct of auctionsby persons licensed under Chapter 4707. and Section 4517.02 of the Revised Code who are

acting undercurrent law and industry practices in compliance with that chapter.

Section 747.30. (A) There is hereby created the Auctioneer Study Commission consisting of

the following members:

(1) A representative of the Department of Taxation appointed by the Tax Commissioner;

(2) A representative of the Bureau of Motor Vehicles appointed by the Registrar of Motor

Vehicles.

(3) A representative of the Office of the Attorney General appointed by the AttorneyGeneral;

(3) A representative of the Department of Agriculture appointed by the Director of

Agriculture;

(4) A representative of the State Auctioneers Commission appointed by the Commission;

(5) One member appointed by the Ohio Automobile Dealers Association;

(6) One member appointed by the Ohio Automobile Auction Coalition;

(5) One member representing equipment auctioneers appointed by the Governor;

(6) One member representing the equipment auctioneers appointed by the Ohio

Auctioneers Association;

(7) One member representing consignment facility auctioneers;

(7) One two member of the House of Representatives serving on the Agriculture and

Natural Resource Committee and appointed by the Speaker of the House of

Representatives;

(8) One Two member of the Senate serving on the Senate Agriculture, Environment and

Natural Resources Committee appointed by the President of the Senate.

(9) One member representing Ohio consumers appointed by the Ohio Attorney

General.