Sub. H. B. No. 150 As Reported by the Senate Insurance, Commerce and Labor Committee

Representatives Gibbs, McGregor, J., Ujvagi, Evans, C., Kearns, Williams, Hagan, Reidelbach, Collier, Distel, Miller, Cassell, Schaffer, Barrett, Blessing, Chandler, Combs, Schneider, Stewart, D., Willamowski

A BILL

To amend sections 4513.61, 4737.10, 4737.99, and 1
4738.16 of the Revised Code to impose new 2
requirements on licensed junk yard owners, to 3
require scrap metal processors to maintain 4
specified records regarding canceled motor vehicle 5
titles, and to allow specified law enforcement 6
officials to relinquish jurisdiction over towed 7
vehicles to specified storage place owners. 8

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

       Section 1. That sections 4513.61, 4737.10, 4737.99, and 9
4738.16 of the Revised Code be amended to read as follows: 10

       Sec. 4513.61. The sheriff of a county or chief of police of 11
a municipal corporation, township, or township police district, 12
within the sheriff's or chief's respective territorial 13
jurisdiction, or a state highway patrol trooper, upon notification 14
to the sheriff or chief of police of such action and of the 15
location of the place of storage, may order into storage any motor 16
vehicle, including an abandoned junk motor vehicle as defined in 17
section 4513.63 of the Revised Code, that has come into the 18
possession of the sheriff, chief of police, or state highway 19
patrol trooper as a result of the performance of the sheriff's, 20
chief's, or trooper's duties or that has been left on a public 21
street or other property open to the public for purposes of 22
vehicular travel, or upon or within the right-of-way of any road 23
or highway, for forty-eight hours or longer without notification 24
to the sheriff or chief of police of the reasons for leaving the 25
motor vehicle in such place, except that when such a motor vehicle 26
constitutes an obstruction to traffic it may be ordered into 27
storage immediately. The sheriff or chief of police shall 28
designate the place of storage of any motor vehicle so ordered 29
removed. At the time a motor vehicle is ordered into storage, the 30
sheriff, chief of police, or state highway patrol trooper may 31
relinquish jurisdiction over the vehicle to the owner of the place 32
of storage. 33

       The sheriff or chief of police immediately shall cause a 34
search to be made of the records of the bureau of motor vehicles 35
to ascertain the owner and any lienholder of a motor vehicle 36
ordered into storage by the sheriff or chief of police, or by a 37
state highway patrol trooper, and, if known, shall send or cause 38
to be sent notice to the owner or lienholder at the owner's or 39
lienholder's last known address by certified mail with return 40
receipt requested, that the motor vehicle will be declared a 41
nuisance and disposed of if not claimed within ten days of the 42
date of mailing of the notice. The owner or lienholder of the 43
motor vehicle may reclaim it upon payment of any expenses or 44
charges incurred in its removal and storage, and presentation of 45
proof of ownership, which may be evidenced by a certificate of 46
title or memorandum certificate of title to the motor vehicle. If 47
the owner or lienholder of the motor vehicle reclaims it after a 48
search of the records of the bureau has been conducted and after 49
notice has been sent to the owner or lienholder as described in 50
this section, and the search was conducted by the owner of the 51
place of storage or the owner's employee, and the notice was sent 52
to the motor vehicle owner by the owner of the place of storage or 53
the owner's employee, the owner or lienholder shall pay to the 54
place of storage a processing fee of twenty-five dollars, in 55
addition to any expenses or charges incurred in the removal and 56
storage of the vehicle. 57

       If the owner or lienholder makes no claim to the motor 58
vehicle within ten days of the date of mailing of the notice, and 59
if the vehicle is to be disposed of at public auction as provided 60
in section 4513.62 of the Revised Code, the sheriff or chief of 61
police shall file with the clerk of courts of the county in which 62
the place of storage is located an affidavit showing compliance 63
with the requirements of this section. Upon presentation of the 64
affidavit, the clerk, without charge, shall issue a salvage 65
certificate of title, free and clear of all liens and 66
encumbrances, to the sheriff or chief of police. If the vehicle is 67
to be disposed of to a motor vehicle salvage dealer or other 68
facility as provided in section 4513.62 of the Revised Code, the 69
sheriff or chief of police shall execute in triplicate an 70
affidavit, as prescribed by the registrar of motor vehicles, 71
describing the motor vehicle and the manner in which it was 72
disposed of, and that all requirements of this section have been 73
complied with. The sheriff or chief of police shall retain the 74
original of the affidavit for the sheriff's or chief's records, 75
and shall furnish two copies to the motor vehicle salvage dealer 76
or other facility. Upon presentation of a copy of the affidavit by 77
the motor vehicle salvage dealer, the clerk of courts, within 78
thirty days of the presentation, shall issue to such owner a 79
salvage certificate of title, free and clear of all liens and 80
encumbrances. 81

       Whenever a motor vehicle salvage dealer or other facility 82
receives an affidavit for the disposal of a motor vehicle as 83
provided in this section, the dealer or facility shall not be 84
required to obtain an Ohio certificate of title to the motor 85
vehicle in the dealer's or facility's own name if the vehicle is 86
dismantled or destroyed and both copies of the affidavit are 87
delivered to the clerk of courts. 88

       Sec. 4737.10. (A) Before a license is granted or renewed 89
under sections 4737.05 to 4737.12 of the Revised Code, the sheriff 90
of each county, or, if the sheriff so designates, a township 91
~~policeman~~police officer or constable, and the chief of police of 92
each municipal corporation shall inspect the junk yard within ~~his~~ 93
the sheriff's, police officer's, constable's, or chief's 94
respective jurisdiction to determine if it complies with sections 95
4737.05 to 4737.12 of the Revised Code. The sheriff, or a township 96
~~policeman~~police officer or constable, or chief of police shall 97
submit a written report of such examination to the county auditor 98
of the county or the village solicitor or city director of law of 99
the municipal corporation wherein such junk yard is located. 100

       (B) In addition, twice annually the sheriff of each county, 101
or, if the sheriff so designates, a township ~~policeman~~police 102
officer or constable, and the chief of police of each municipal 103
corporation shall inspect every junk yard that is located within 104
~~his~~the sheriff's, police officer's, constable's, or chief's 105
jurisdiction and for which a license has been issued under 106
sections 4737.05 to 4737.12 of the Revised Code, to obtain 107
information with regard to whether the licensee's activity has 108
been and is being conducted in accordance with sections 4737.01 to 109
4737.12 of the Revised Code. The sheriff, township ~~policeman~~ 110
police officer or constable, or the chief of police shall submit a 111
written report of each such examination to the county auditor of 112
the county or the village solicitor or city director of law of the 113
municipal corporation wherein such junk yard is located. 114

       The sheriff, township ~~policeman~~police officer or constable, 115
or the chief of police shall, for the purpose of these 116
examinations, have free access to the grounds and buildings used 117
or proposed for use in the conduct of the junk yard activity by 118
the applicant or the licensee. 119

       Such inspections may be made at any time, at the option of 120
the sheriff, township ~~policeman~~police officer or constable, or 121
the chief of police during the regular work hours of the licensee 122
or within the hours of eight a.m. and five p.m. Monday through 123
Friday. 124

       The director of transportation may also inspect junk yards 125
adjacent to state highways to obtain information with regard to 126
whether the licensee's activity is being conducted in accordance 127
with sections 4737.01 to 4737.12 of the Revised Code. If such 128
inspection indicates that there is a violation of any of the 129
provisions of such sections the director shall advise the attorney 130
general of such alleged violations and request ~~him~~the attorney 131
general to take proper legal action. 132

       (C) Whenever it is determined upon any semiannual inspection 133
made under this section that a junk yard is not being conducted in 134
accordance with the requirements of sections 4737.01 to 4737.12 of 135
the Revised Code, the sheriff of the county, township ~~policeman~~ 136
police officer or constable, or the chief of police of the 137
municipal corporation within whose jurisdiction the junk yard is 138
located, shall immediately notify the owner of the junk yard of 139
such fact. The notice shall be sent to the owner by registered 140
mail, and shall detail the areas which are not in conformity with 141
the requirements of sections 4737.01 to 4737.12 of the Revised 142
Code. A copy of the notice shall also be sent to the auditor of 143
the county, or the village solicitor or city director of law of 144
the municipal corporation within which the junk yard is located. 145

       (D) Any owner of a junk yard who receives a notice as 146
provided in this section shall, within sixty days after the 147
mailing of the notice, undertake and complete such changes or 148
improvements as are necessary to conform the junk yard to the 149
requirements of sections 4737.01 to 4737.12 of the Revised Code. 150
At the expiration of the sixty-day period, the sheriff, township 151
~~policeman~~police officer or constable, or the chief of police 152
shall make a further inspection of the junk yard, and if the 153
required changes or improvements have not been made, the sheriff, 154
township police officer or constable, or the chief of the police 155
shall send notice of that noncompliance along with an order to 156
suspend the owner's license to the chief executive officer of the 157
municipality or the county auditor of the county in which the 158
licensee's junk yard is located. After receiving that notice and 159
order, the chief executive officer or county auditor, as 160
appropriate, shall suspend the owner's license for ninety days. 161
While the owner's license is suspended, the owner shall undertake 162
and complete such changes or improvements necessary to conform the 163
junk yard to the requirements of sections 4737.01 to 4737.12 of 164
the Revised Code. 165

       (E) An owner whose license is suspended pursuant to division 166
(D) of this section may appeal the suspension in accordance with 167
Chapter 2506. of the Revised Code. 168

       At any time during the ninety days in which an owner's 169
license is suspended, the owner may apply to the sheriff, township 170
police officer or constable, or the chief of the police to have 171
the junk yard inspected. If, after the inspection, the sheriff, 172
township police officer or constable, or the chief of the police 173
determines that the junk yard conforms to the requirements of 174
sections 4737.01 to 4737.12 of the Revised Code, the sheriff, 175
township police officer or constable, or the chief of the police, 176
as appropriate, shall send notice of that compliance along with an 177
order to remove the suspension and reinstate the owner's license 178
to the chief executive officer of the municipality or the county 179
auditor of the county in which the licensee's junk yard is 180
located. After receiving that notice and order, the chief 181
executive officer or the county auditor, as appropriate, shall 182
remove the suspension and reinstate the owner's license. 183

       (F)(1) An owner may sell junk while the owner's license is 184
suspended. 185

        (2) No licensee may accept junk for future resale during the 186
time that the licensee's license is suspended under division (D) 187
of this section. 188

        (G) If an owner's license has not been reinstated under 189
division (E) of this section prior to the end of a ninety-day 190
suspension, the sheriff, township police officer or constable, or 191
the chief of police shall make a further inspection of the junk 192
yard. If the owner has not made the required changes or 193
improvements, the sheriff, township police officer or constable, 194
or chief of police shall send notice of that noncompliance along 195
with an order to suspend the owner's license to the chief 196
executive officer of the municipality or the county auditor of the 197
county in which the licensee's junk yard is located. After 198
receiving that notice and order, the chief executive officer or 199
the county auditor shall revoke the owner's license in accordance 200
with the procedures specified in section 4737.07 of the Revised 201
Code. In addition to having the licensee's license revoked, the 202
owner of the junk yard shall be subject to a tax of ~~twenty~~one 203
hundred dollars for each day after revocation that the violation 204
continues. 205

       The sheriff, township ~~policeman~~police officer or constable, 206
or the chief of police shall certify a return of the imposition of 207
said tax thereon to the county auditor, who shall enter the same 208
as a tax upon the property and against the persons upon which or 209
whom the lien was imposed as and when other taxes are entered. The 210
provisions of the laws relating to the collection of taxes in this 211
state, the delinquency thereof, and sale of property for taxes 212
shall govern in the collection of the tax prescribed in this 213
section insofar as the same are applicable. 214

       Sec. 4737.99. (A) ~~Whoever~~Except as specified in division 215
(B) of this section, whoever violates sections 4737.01 to 4737.11, 216
~~inclusive,~~ of the Revised Code, shall be fined not less than 217
twenty-five nor more than one thousand dollars and the costs of 218
prosecution. 219

       (B) Whoever violates division (F)(2) of section 4737.10 of 220
the Revised Code is guilty of a misdemeanor of the fourth degree. 221

       Sec. 4738.16. (A) Chapter 4738. of the Revised Code does not 222
apply to a scrap metal processor engaged primarily in the 223
acquisition, processing, and shipment of ferrous and nonferrous 224
scrap, or who receives dismantled salvage motor vehicles, used 225
motor vehicles, or motor vehicle parts as scrap metal for the 226
purpose of recycling the motor vehicles or parts for their 227
metallic content, the end product of which is the production of 228
material for recycling and remelting purposes for mills, 229
foundries, smelters, and refiners. 230

       (B) A scrap metal processor who receives a motor vehicle from 231
the owner described on the certificate of title shall within ten 232
days mark the certificate "TO BE CANCELED," keep a record of the 233
cancellation, and forward the certificate to the clerk of the 234
court who issued it. The clerk shall notify the registrar of motor 235
vehicles of such cancellation. The scrap metal processor shall 236
keep the record of the cancellation for three years after creating 237
the record. The record shall include a copy of the canceled title, 238
and if the seller of the motor vehicle is not the titled owner, 239
the record also shall include all of the following information 240
about the seller: 241

        (1) The seller's name and address; 242

        (2) An identification number from the seller's driver's 243
license, military identification, or other state issued license; 244

        (3) A physical description of the seller; 245

        (4) The seller's expenditures for the motor vehicle. 246

        The scrap metal processor shall make a record of a 247
cancellation available to any requesting law enforcement agency 248
during the scrap metal processor's normal business hours. 249

       Section 2. That existing sections 4513.61, 4737.10, 4737.99, 250
and 4738.16 of the Revised Code are hereby repealed. 251

Section 1. That sections 4513.61, 4737.10, 4737.99, and	9
4738.16 of the Revised Code be amended to read as follows:	10

Sec. 4513.61. The sheriff of a county or chief of police of	11
a municipal corporation, township, or township police district,	12
within the sheriff's or chief's respective territorial	13
jurisdiction, or a state highway patrol trooper, upon notification	14
to the sheriff or chief of police of such action and of the	15
location of the place of storage, may order into storage any motor	16
vehicle, including an abandoned junk motor vehicle as defined in	17
section 4513.63 of the Revised Code, that has come into the	18
possession of the sheriff, chief of police, or state highway	19
patrol trooper as a result of the performance of the sheriff's,	20
chief's, or trooper's duties or that has been left on a public	21
street or other property open to the public for purposes of	22
vehicular travel, or upon or within the right-of-way of any road	23
or highway, for forty-eight hours or longer without notification	24
to the sheriff or chief of police of the reasons for leaving the	25
motor vehicle in such place, except that when such a motor vehicle	26
constitutes an obstruction to traffic it may be ordered into	27
storage immediately. The sheriff or chief of police shall	28
designate the place of storage of any motor vehicle so ordered	29
removed. At the time a motor vehicle is ordered into storage, the	30
sheriff, chief of police, or state highway patrol trooper may	31
relinquish jurisdiction over the vehicle to the owner of the place	32
of storage.	33

The sheriff or chief of police immediately shall cause a	34
search to be made of the records of the bureau of motor vehicles	35
to ascertain the owner and any lienholder of a motor vehicle	36
ordered into storage by the sheriff or chief of police, or by a	37
state highway patrol trooper, and, if known, shall send or cause	38
to be sent notice to the owner or lienholder at the owner's or	39
lienholder's last known address by certified mail with return	40
receipt requested, that the motor vehicle will be declared a	41
nuisance and disposed of if not claimed within ten days of the	42
date of mailing of the notice. The owner or lienholder of the	43
motor vehicle may reclaim it upon payment of any expenses or	44
charges incurred in its removal and storage, and presentation of	45
proof of ownership, which may be evidenced by a certificate of	46
title or memorandum certificate of title to the motor vehicle. If	47
the owner or lienholder of the motor vehicle reclaims it after a	48
search of the records of the bureau has been conducted and after	49
notice has been sent to the owner or lienholder as described in	50
this section, and the search was conducted by the owner of the	51
place of storage or the owner's employee, and the notice was sent	52
to the motor vehicle owner by the owner of the place of storage or	53
the owner's employee, the owner or lienholder shall pay to the	54
place of storage a processing fee of twenty-five dollars, in	55
addition to any expenses or charges incurred in the removal and	56
storage of the vehicle.	57

If the owner or lienholder makes no claim to the motor	58
vehicle within ten days of the date of mailing of the notice, and	59
if the vehicle is to be disposed of at public auction as provided	60
in section 4513.62 of the Revised Code, the sheriff or chief of	61
police shall file with the clerk of courts of the county in which	62
the place of storage is located an affidavit showing compliance	63
with the requirements of this section. Upon presentation of the	64
affidavit, the clerk, without charge, shall issue a salvage	65
certificate of title, free and clear of all liens and	66
encumbrances, to the sheriff or chief of police. If the vehicle is	67
to be disposed of to a motor vehicle salvage dealer or other	68
facility as provided in section 4513.62 of the Revised Code, the	69
sheriff or chief of police shall execute in triplicate an	70
affidavit, as prescribed by the registrar of motor vehicles,	71
describing the motor vehicle and the manner in which it was	72
disposed of, and that all requirements of this section have been	73
complied with. The sheriff or chief of police shall retain the	74
original of the affidavit for the sheriff's or chief's records,	75
and shall furnish two copies to the motor vehicle salvage dealer	76
or other facility. Upon presentation of a copy of the affidavit by	77
the motor vehicle salvage dealer, the clerk of courts, within	78
thirty days of the presentation, shall issue to such owner a	79
salvage certificate of title, free and clear of all liens and	80
encumbrances.	81

Whenever a motor vehicle salvage dealer or other facility	82
receives an affidavit for the disposal of a motor vehicle as	83
provided in this section, the dealer or facility shall not be	84
required to obtain an Ohio certificate of title to the motor	85
vehicle in the dealer's or facility's own name if the vehicle is	86
dismantled or destroyed and both copies of the affidavit are	87
delivered to the clerk of courts.	88

Sec. 4737.10. (A) Before a license is granted or renewed	89
under sections 4737.05 to 4737.12 of the Revised Code, the sheriff	90
of each county, or, if the sheriff so designates, a township	91
~~policeman~~police officer or constable, and the chief of police of	92
each municipal corporation shall inspect the junk yard within ~~his~~	93
the sheriff's, police officer's, constable's, or chief's	94
respective jurisdiction to determine if it complies with sections	95
4737.05 to 4737.12 of the Revised Code. The sheriff, or a township	96
~~policeman~~police officer or constable, or chief of police shall	97
submit a written report of such examination to the county auditor	98
of the county or the village solicitor or city director of law of	99
the municipal corporation wherein such junk yard is located.	100

(B) In addition, twice annually the sheriff of each county,	101
or, if the sheriff so designates, a township ~~policeman~~police	102
officer or constable, and the chief of police of each municipal	103
corporation shall inspect every junk yard that is located within	104
~~his~~the sheriff's, police officer's, constable's, or chief's	105
jurisdiction and for which a license has been issued under	106
sections 4737.05 to 4737.12 of the Revised Code, to obtain	107
information with regard to whether the licensee's activity has	108
been and is being conducted in accordance with sections 4737.01 to	109
4737.12 of the Revised Code. The sheriff, township ~~policeman~~	110
police officer or constable, or the chief of police shall submit a	111
written report of each such examination to the county auditor of	112
the county or the village solicitor or city director of law of the	113
municipal corporation wherein such junk yard is located.	114

The sheriff, township ~~policeman~~police officer or constable,	115
or the chief of police shall, for the purpose of these	116
examinations, have free access to the grounds and buildings used	117
or proposed for use in the conduct of the junk yard activity by	118
the applicant or the licensee.	119

Such inspections may be made at any time, at the option of	120
the sheriff, township ~~policeman~~police officer or constable, or	121
the chief of police during the regular work hours of the licensee	122
or within the hours of eight a.m. and five p.m. Monday through	123
Friday.	124

The director of transportation may also inspect junk yards	125
adjacent to state highways to obtain information with regard to	126
whether the licensee's activity is being conducted in accordance	127
with sections 4737.01 to 4737.12 of the Revised Code. If such	128
inspection indicates that there is a violation of any of the	129
provisions of such sections the director shall advise the attorney	130
general of such alleged violations and request ~~him~~the attorney	131
general to take proper legal action.	132

(C) Whenever it is determined upon any semiannual inspection	133
made under this section that a junk yard is not being conducted in	134
accordance with the requirements of sections 4737.01 to 4737.12 of	135
the Revised Code, the sheriff of the county, township ~~policeman~~	136
police officer or constable, or the chief of police of the	137
municipal corporation within whose jurisdiction the junk yard is	138
located, shall immediately notify the owner of the junk yard of	139
such fact. The notice shall be sent to the owner by registered	140
mail, and shall detail the areas which are not in conformity with	141
the requirements of sections 4737.01 to 4737.12 of the Revised	142
Code. A copy of the notice shall also be sent to the auditor of	143
the county, or the village solicitor or city director of law of	144
the municipal corporation within which the junk yard is located.	145

(D) Any owner of a junk yard who receives a notice as	146
provided in this section shall, within sixty days after the	147
mailing of the notice, undertake and complete such changes or	148
improvements as are necessary to conform the junk yard to the	149
requirements of sections 4737.01 to 4737.12 of the Revised Code.	150
At the expiration of the sixty-day period, the sheriff, township	151
~~policeman~~police officer or constable, or the chief of police	152
shall make a further inspection of the junk yard, and if the	153
required changes or improvements have not been made, the sheriff,	154
township police officer or constable, or the chief of the police	155
shall send notice of that noncompliance along with an order to	156
suspend the owner's license to the chief executive officer of the	157
municipality or the county auditor of the county in which the	158
licensee's junk yard is located. After receiving that notice and	159
order, the chief executive officer or county auditor, as	160
appropriate, shall suspend the owner's license for ninety days.	161
While the owner's license is suspended, the owner shall undertake	162
and complete such changes or improvements necessary to conform the	163
junk yard to the requirements of sections 4737.01 to 4737.12 of	164
the Revised Code.	165

(E) An owner whose license is suspended pursuant to division	166
(D) of this section may appeal the suspension in accordance with	167
Chapter 2506. of the Revised Code.	168

At any time during the ninety days in which an owner's	169
license is suspended, the owner may apply to the sheriff, township	170
police officer or constable, or the chief of the police to have	171
the junk yard inspected. If, after the inspection, the sheriff,	172
township police officer or constable, or the chief of the police	173
determines that the junk yard conforms to the requirements of	174
sections 4737.01 to 4737.12 of the Revised Code, the sheriff,	175
township police officer or constable, or the chief of the police,	176
as appropriate, shall send notice of that compliance along with an	177
order to remove the suspension and reinstate the owner's license	178
to the chief executive officer of the municipality or the county	179
auditor of the county in which the licensee's junk yard is	180
located. After receiving that notice and order, the chief	181
executive officer or the county auditor, as appropriate, shall	182
remove the suspension and reinstate the owner's license.	183

(F)(1) An owner may sell junk while the owner's license is	184
suspended.	185

(2) No licensee may accept junk for future resale during the	186
time that the licensee's license is suspended under division (D)	187
of this section.	188

(G) If an owner's license has not been reinstated under	189
division (E) of this section prior to the end of a ninety-day	190
suspension, the sheriff, township police officer or constable, or	191
the chief of police shall make a further inspection of the junk	192
yard. If the owner has not made the required changes or	193
improvements, the sheriff, township police officer or constable,	194
or chief of police shall send notice of that noncompliance along	195
with an order to suspend the owner's license to the chief	196
executive officer of the municipality or the county auditor of the	197
county in which the licensee's junk yard is located. After	198
receiving that notice and order, the chief executive officer or	199
the county auditor shall revoke the owner's license in accordance	200
with the procedures specified in section 4737.07 of the Revised	201
Code. In addition to having the licensee's license revoked, the	202
owner of the junk yard shall be subject to a tax of ~~twenty~~one	203
hundred dollars for each day after revocation that the violation	204
continues.	205

The sheriff, township ~~policeman~~police officer or constable,	206
or the chief of police shall certify a return of the imposition of	207
said tax thereon to the county auditor, who shall enter the same	208
as a tax upon the property and against the persons upon which or	209
whom the lien was imposed as and when other taxes are entered. The	210
provisions of the laws relating to the collection of taxes in this	211
state, the delinquency thereof, and sale of property for taxes	212
shall govern in the collection of the tax prescribed in this	213
section insofar as the same are applicable.	214

Sec. 4737.99. (A) ~~Whoever~~Except as specified in division	215
(B) of this section, whoever violates sections 4737.01 to 4737.11,	216
~~inclusive,~~ of the Revised Code, shall be fined not less than	217
twenty-five nor more than one thousand dollars and the costs of	218
prosecution.	219

(B) Whoever violates division (F)(2) of section 4737.10 of	220
the Revised Code is guilty of a misdemeanor of the fourth degree.	221

Sec. 4738.16. (A) Chapter 4738. of the Revised Code does not	222
apply to a scrap metal processor engaged primarily in the	223
acquisition, processing, and shipment of ferrous and nonferrous	224
scrap, or who receives dismantled salvage motor vehicles, used	225
motor vehicles, or motor vehicle parts as scrap metal for the	226
purpose of recycling the motor vehicles or parts for their	227
metallic content, the end product of which is the production of	228
material for recycling and remelting purposes for mills,	229
foundries, smelters, and refiners.	230

(B) A scrap metal processor who receives a motor vehicle from	231
the owner described on the certificate of title shall within ten	232
days mark the certificate "TO BE CANCELED," keep a record of the	233
cancellation, and forward the certificate to the clerk of the	234
court who issued it. The clerk shall notify the registrar of motor	235
vehicles of such cancellation. The scrap metal processor shall	236
keep the record of the cancellation for three years after creating	237
the record. The record shall include a copy of the canceled title,	238
and if the seller of the motor vehicle is not the titled owner,	239
the record also shall include all of the following information	240
about the seller:	241

(2) An identification number from the seller's driver's	243
license, military identification, or other state issued license;	244

The scrap metal processor shall make a record of a	247
cancellation available to any requesting law enforcement agency	248
during the scrap metal processor's normal business hours.	249

Section 2. That existing sections 4513.61, 4737.10, 4737.99,	250
and 4738.16 of the Revised Code are hereby repealed.	251