As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 64 5
1999-2000 6
SENATORS WACHTMANN-DRAKE 8
_________________________________________________________________ 10
A B I L L
To enact section 1349.06 of the Revised Code to 12
require each person that offers new and unused 13
personal property for sale to the general public
at a flea market or other location to maintain a 14
record of the person's purchases of the property. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 1349.06 of the Revised Code be 18
enacted to read as follows: 19
Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" 22
HAS THE SAME MEANING AS IN DIVISION (B)(4) OF SECTION 3715.52 OF 24
THE REVISED CODE. 25
(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL 28
PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER 29
LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS 31
SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY. 32
(2) FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL 34
INCLUDE AT LEAST ALL OF THE FOLLOWING: 35
(a) THE DATE OF THE TRANSACTION; 37
(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR 40
THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED; 41
(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY 44
PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE 45
PROPERTY;
(d) THE PRICE PAID FOR THE PROPERTY; 47
(e) THE SIGNATURE OF THE SELLER AND OF THE BUYER OF THE 50
PROPERTY.
2
(3) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY IN THE 52
AMOUNT OF FIVE HUNDRED DOLLARS OR MORE FROM AN INDIVIDUAL OR 53
ENTITY, A BILL OF SALE ASSOCIATED WITH THE PURCHASE THAT CONTAINS 54
THE INFORMATION LISTED IN DIVISION (B)(2) OF THIS SECTION IS 55
SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT DIVISION. 57
(4) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE 59
MAINTAINED FOR AT LEAST TWO YEARS. 60
(C) A PERSON SHALL NOT DO EITHER OF THE FOLLOWING: 63
(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD 65
REQUIRED TO BE MAINTAINED BY THIS SECTION; 66
(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST 68
OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD AVAILABLE FOR 69
INSPECTION WITHIN A PERIOD OF TIME THAT IS REASONABLE UNDER THE 70
CIRCUMSTANCES SURROUNDING THE REQUEST. NOTHING IN DIVISION 72
(C)(2) OF THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A LAW 73
ENFORCEMENT OFFICER BE GIVEN IMMEDIATE ACCESS TO THE RECORD 74
WITHOUT REASONABLE NOTICE.
(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS 77
SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES 78
SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A 80
FAILURE TO COMPLY WITH DIVISION (C) OF THIS SECTION, THE PERSON 81
SHALL DO BOTH OF THE FOLLOWING: 82
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR 84
DESTRUCTION, NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THE 86
PERSON'S PRINCIPAL OHIO RESIDENCE OR PRINCIPAL PLACE OF BUSINESS 88
IN THIS STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD. 91
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH 93
DIVISION (D)(1) OF THIS SECTION SHALL BE CONSIDERED TO BE IN 95
COMPLIANCE WITH DIVISION (B) OF THIS SECTION AS TO ANY RECORD 97
THAT WAS LOST, STOLEN, OR DESTROYED.
(E)(1) NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION. 100
(2) WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS 104
GUILTY OF A MINOR MISDEMEANOR.
3
(F) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 107
(1) THE SALE OF A MOTOR VEHICLE, TRAILER, OR SEMITRAILER 109
THAT IS REQUIRED TO BE REGISTERED UNDER CHAPTER 4503. OF THE 112
REVISED CODE OR FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED 114
UNDER CHAPTER 4505. OF THE REVISED CODE; 117
(2) THE SALE OF FOOD PRODUCTS, AGRICULTURAL PRODUCTS, OR 119
FORESTRY PRODUCTS; 120
(3) ANY BUSINESS CONDUCTED AT AN INDUSTRY OR ASSOCIATION 122
TRADE SHOW; 123
(4) THE SALE OF HANDMADE OR HANDCRAFTED ITEMS BY THE 125
INDIVIDUAL WHO PRODUCED THE ITEMS. 126
Section 2. Section 1349.06 of the Revised Code, as enacted 128
by this act, shall apply to all new and unused personal property 129
that is purchased on or after the effective date of this act. 131