(A) "Pawnbroker" means a person engaged in the
business of | 12 |
lending money on deposit or pledges of personal property, other | 13 |
than securities, printed evidence of
indebtedness, titles, deeds, | 14 |
or bills of sale, at a total charge, rate of
interest, or discount | 15 |
or other
remuneration in excess of eight per cent per annum, and | 16 |
includes a
person
engaged in the business of purchasing personal | 17 |
property from
another person with an
agreement that the personal | 18 |
property will be made
available to that other person for | 19 |
repurchase within an agreed-to time period
and for an amount | 20 |
greater than the price originally paid to that other
person for | 21 |
the purchase
of the personal property. | 22 |
(C) "Personal identification card" means a current and valid | 26 |
driver's license, military identification card, state | 27 |
identification card issued under sections 4507.50 to 4507.52 of | 28 |
the Revised Code, or a state identification card issued by another | 29 |
state on the condition that that card contains information | 30 |
substantially similar to the information contained on a state | 31 |
identification card issued under sections 4507.50 to 4507.52 of | 32 |
the Revised Code and also contains a photograph of the person to | 33 |
whom the card is issued. | 34 |
(D)(E) The records and forms, at all times,
shall be kept at | 62 |
the
licensed location and available
for inspection by the | 63 |
superintendent and
by the chief of
police
of the municipal | 64 |
corporation or township in which the licensee's place of business | 65 |
is located
or, if the
place of business is not located within a | 66 |
municipal corporation or
a township that has a chief of police,
by | 67 |
the sheriff of the county in which the place of business is | 68 |
located. Upon demand of any of
them,
the licensee shall produce | 69 |
and show any records, forms,
pledges, or purchases which are in | 70 |
the
licensee's possession. | 71 |
(E)(F) Except in the case of a pledged motor vehicle, | 72 |
watercraft, or
outboard motor, the licensee
shall keep all pledges | 73 |
and purchases at the licensee's place
of business unless a | 74 |
pledgor, in
writing, agrees otherwise at the time
the pledge is | 75 |
made. If the item pledged for the pawn loan is a motor
vehicle, | 76 |
watercraft, or outboard motor, the licensee
shall take possession | 77 |
of both the motor vehicle, watercraft, or outboard motor and the | 78 |
certificate
of title to the motor vehicle, watercraft, or outboard | 79 |
motor and shall
keep
the certificate at the
licensee's place of | 80 |
business but, upon notification
to the pledgor, may keep
the motor | 81 |
vehicle, watercraft, or outboard motor at a location other than | 82 |
the
licensee's place of business. No pledge shall
be removed
from | 83 |
the place of
business for the licensee's personal use or
gain. | 84 |
(F)(G) Every person licensed as a pawnbroker under this | 85 |
chapter
shall keep and use an
intelligible set of books and | 86 |
records in the
English language in
complying with this chapter | 87 |
with respect to
recording the details of each
purchase or loan. | 88 |
Except as
provided
in division (J)(K) of this
section,
all | 89 |
information required
to be
recorded by this chapter
shall be | 90 |
entered in a bound book or
on
loose-leaf, permanent forms used | 91 |
exclusively for that purpose.
Forms shall be identical and | 92 |
consecutively
numbered, and each
shall contain two or more pages. | 93 |
One part of each form
shall be
detachable and, when completed, | 94 |
shall serve as the statement to be
given by the licensee to the | 95 |
pledgor or seller as provided by
section 4727.07
of the Revised | 96 |
Code, the. The remaining part of
the
form shall be retained in the | 97 |
licensee's
permanent records.
All
forms shall be accounted for. | 98 |
(J)(K) Notwithstanding any other provision of this chapter, a | 110 |
licensee may use other methods of recording data, keeping
records, | 111 |
and keeping books, such as electronic or computerized methods, in | 112 |
lieu
of the methods described in this section, provided written | 113 |
printouts or hard
copies of the required data are readily | 114 |
available in a form approved, in
advance, by the superintendent. | 115 |
Sec. 4727.11. (A) If a pledgor fails to
pay interest to
a | 116 |
person licensed as
a pawnbroker on a pawn loan for two months
from | 117 |
the
date of the loan or the date on which the last interest | 118 |
payment
is due, the licensee shall notify the pledgor by mail, | 119 |
with proof
of mailing, to the last place of address given by the | 120 |
pledgor,
that unless the pledgor redeems the pledged property
or | 121 |
pays all interest due and storage charges within
thirty days
from | 122 |
the date the notice is mailed, the pledged property
shall be | 123 |
forfeited to the
licensee. If the pledgor fails to redeem or pay | 124 |
all
interest due and storage charges within the
period specified | 125 |
in the notice, the licensee becomes the owner
of the pledged | 126 |
property. | 127 |
(B) In the event that any article or property is redeemed
by | 128 |
a person other than the pledgor, the pledgor shall sign the | 129 |
pledgor's
copy of the statement required under section 4727.07 of | 130 |
the
Revised Code, which copy shall be presented by the person to | 131 |
the
licensee. The licensee shall verify the name of the person | 132 |
redeeming the article or property, and shall record the person's | 133 |
name and driver's license number, or
other personal
identification | 134 |
number, on the
licensee's copy of
the statement,
and
shall | 135 |
require the person to sign this copy, shall make a copy of the | 136 |
person's personal identification card, and shall
attach that copy | 137 |
to the licensee's copy of the statement. | 138 |
(D) When an account is paid in full, the licensee shall | 146 |
return
the pledged article immediately to the pledgor. In the | 147 |
event the pledgor
sells, transfers, or assigns the pledge, the | 148 |
licensee
shall verify the name of the person redeeming the pledge | 149 |
and record
that person's name, driver's license number, and | 150 |
signature on the
permanent copy of the statement of pledge | 151 |
required
pursuant to
section 4727.07 of the Revised Code and | 152 |
shall make a copy of the person's personal identification card and | 153 |
attach that copy to that statement. The
licensee also
shall | 154 |
obtain the signature of the pledgor, or other
person redeeming the | 155 |
pledge, upon a separate record
of the
transaction, that | 156 |
acknowledges the total dollar amount paid for
redemption and the | 157 |
date of redemption. All records shall be kept
in the
licensee's | 158 |
place of business. | 159 |
Sec. 4727.22. A licensee may use an electronic device that | 160 |
decodes and records information contained in the metallic strip on | 161 |
a personal identification card to record a person's name, address, | 162 |
and photograph in lieu of making a copy of a person's personal | 163 |
identification card to comply with the requirements of sections | 164 |
4727.08 and 4727.11 of the Revised Code, on the condition that the | 165 |
licensee retains that recorded information and makes it available | 166 |
in accordance with the requirements to make copies available as | 167 |
described in those sections. | 168 |
(B) A person other than a scrap metal dealer, as defined in | 172 |
section 4737.04 of the Revised Code, purchasing, selling, | 173 |
exchanging,
or receiving secondhand articles of any kind other | 174 |
than special purchase articles as defined in section 4737.04 of | 175 |
the Revised Code, scrap
iron, oldand scrap
metal, canvas, rope, | 176 |
branded bottles, junk or lead
pipe, except
plow irons, old | 177 |
stoves, and furniture, shall post in
a conspicuous
place in or | 178 |
upon histhe person's shop, store,
wagon, boat, or
other place of | 179 |
business, a sign having histhe person's name and
occupation | 180 |
legibly inscribed thereon, and shall keep a separate record book, | 181 |
open to
inspection by any law enforcement officer,or electronic | 182 |
file in which shall
be
written, in the English language, at the | 183 |
time of the purchase
or
exchange of such articles, a description | 184 |
thereof, the name,
description, and residence of the person from | 185 |
whom purchased and
received, and the day and hourtime when such | 186 |
purchase or exchange was made, and shall make and keep a copy of | 187 |
the person's personal identification card. Every entry shall be | 188 |
numbered
consecutively,
commencing
with number one. | 189 |
(B) Any person, prior to purchasing any secondhand article
of | 190 |
furniture or secondhand electrical or gas appliance or
equipment | 191 |
for the purpose of resale to the general public, shall
demand to | 192 |
examine the seller's driver's or commercial driver's
license or | 193 |
identification card issued under sections 4507.50 to
4507.52 of | 194 |
the Revised Code and one additional type of card
typically used | 195 |
for identification purposes. | 196 |
The purchaser shall keep a written record of the number of | 197 |
the license or identification card and the type and number of the | 198 |
other identification card accepted together with the date of | 199 |
purchase, the name and address of the seller, and a description
of | 200 |
the article purchased. The purchaser shall retain the written | 201 |
record book or electronic file and copies of personal | 202 |
identification cards for at least one year after the purchase or | 203 |
exchange date and shall make the record or file and copies | 204 |
available
for inspection by any law enforcement officer at all | 205 |
reasonable
times. For the purposes of this division, the purchaser | 206 |
may
utilize the written record he is required to keep
where | 207 |
applicable under division (A) of this section and add to it
the | 208 |
information required by this division. | 209 |
(d) Guard rails for bridges, highways, and roads; highway and | 223 |
street signs; street light poles and fixtures; manhole covers, | 224 |
water meter covers, and other similar types of utility access | 225 |
covers; traffic directional and control signs and light signals, | 226 |
metal marked with the name of a political subdivision of the | 227 |
state, and other metal articles that are purchased and installed | 228 |
for use
upon authorization of the state or any political | 229 |
subdivision of
the state; | 230 |
(3) "Common recycled matter" means bottles and other | 239 |
containers made out of steel, tin, or aluminum and other
consumer | 240 |
goods that are metal that
are
recycled by individual
consumers | 241 |
and not in the bulk or
quantity
that could be supplied
or | 242 |
recycled by
large business
establishments. "Common recycled | 243 |
matter" does not
include a metal tray used by
a product | 244 |
producer, distributor,
retailer, or agent of a product
producer, | 245 |
distributor, or retailer
as a means for the bulk
transportation, | 246 |
storage, or carrying of
retail containers of
milk, baked goods, | 247 |
eggs, or bottled beverage
products. | 248 |
(B) Every scrap metal dealer in scrap iron, metal, and waste | 256 |
materials shall
maintain a record book of recordsor electronic | 257 |
file, in which hethe dealer shall keep an
accurate and complete | 258 |
record of all articles purchased or received by himthe dealer
in | 259 |
the course of histhe dealer's daily
business. On and after the | 260 |
effective date of this amendment, every entry in the record book | 261 |
or electronic file shall be numbered consecutively. Every dealer | 262 |
shall maintain the record for each
article purchased or received | 263 |
for a minimum period of one year
after the date the dealer | 264 |
purchased or received the article. Said
records shall contain all | 265 |
of the name, description,following: | 266 |
Such(D) The records required under division (B) of this | 334 |
section shall be open for inspection by the representative of any | 335 |
law
enforcement agency atand the director of public safety or the | 336 |
director's designated representative during all business hours. A | 337 |
scrap metal dealer shall provide a copy of those records to any | 338 |
law enforcement agency that requests the records or to the | 339 |
director
or director's representative, upon request. Records | 340 |
submitted to
any law enforcement agency pursuant to this section | 341 |
are not
public records for purposes of section 149.43 of the | 342 |
Revised
Code. A person who claims to own a stolen article that | 343 |
may be identified in those
records, or an agent of that person, | 344 |
who provides proof of having filed a stolen property report with | 345 |
the appropriate law enforcement agency, may request those | 346 |
records. The law enforcement agency shall provide those records | 347 |
upon a request made by such a person or that person's agent, but | 348 |
the law enforcement
agency shall redact information that reveals | 349 |
the name of the
seller of any article and the price the dealer | 350 |
paid for any
article the dealer purchased or the estimated value | 351 |
of any
article the dealer received. The law enforcement agency | 352 |
shall determine which records to provide, based upon the time | 353 |
period that the alleged theft is reported to have taken place. A | 354 |
law enforcement agency may
charge or collect a fee for providing | 355 |
records as required by this section. | 356 |
The law enforcement agency that serves the jurisdiction
in | 360 |
which a scrap metal dealer is located shall provide a list, as | 361 |
that
agency determines appropriate, of the names and descriptions | 362 |
of
persons known to be or who are suspected to be thieves or | 363 |
receivers of stolen property. No scrap metal dealer shall purchase | 364 |
or receive articles from any person identified on the list the | 365 |
dealer receives from the law enforcement agency. | 366 |
(F) If an asserted owner of stolen special purchase articles | 403 |
or that owner's agent provides proof of having
filed a stolen | 404 |
property report with the appropriate law
enforcement agency, make | 405 |
records describing special purchase
articles
the scrap metal | 406 |
dealer purchased or received after the alleged date of theft | 407 |
available for inspection to the
asserted owner or owner's agent | 408 |
for a period of six months after the alleged date of
theft of the | 409 |
articles, except that the scrap metal dealer shall withhold the | 410 |
name of the
person from
whom the special purchase articles were | 411 |
purchased or
received and
the amount paid for the special | 412 |
purchase articles. | 413 |
Sec. 4737.042. A scrap metal dealer and a person who | 414 |
purchases, sells, exchanges, or receives secondhand articles may | 415 |
use an electronic device that decodes and records information | 416 |
contained in the metallic strip on a personal identification card | 417 |
to record a person's name, address, and photograph in lieu of | 418 |
making a copy of a person's personal identification card to comply | 419 |
with the requirements of sections 4737.01, 4737.04, and 4737.041 | 420 |
of the Revised Code, on the condition that the dealer or person | 421 |
retains that recorded information and makes it available in | 422 |
accordance with the requirements to make copies available under | 423 |
those sections. | 424 |
(C) Sales transacted between a scrap
metal dealer and an | 432 |
organization that is exempt from federal
taxation under section | 433 |
501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 285, | 434 |
26 U.S.C. 501(c)(3), as amended, and that
collects, for its own | 435 |
fundraising purposes, scrap ferrous and nonferrous metals for | 436 |
recycling rather than disposal; | 437 |
Sec. 4737.044. By analogy to Am. Financial Servs. Assn. et | 466 |
al. v. Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, citing | 467 |
Canton v. State, 95 Ohio St. 3d 149, 2002-Ohio-2005, syllabus, | 468 |
sections 4737.01 to 4737.043 of the Revised Code are intended as a | 469 |
comprehensive legislative enactment operating uniformly throughout | 470 |
this state, setting forth regulations concerning the purchase and | 471 |
sale of scrap metal, and prescribing a rule of conduct upon | 472 |
citizens generally. To assure uniform statewide scrap metal | 473 |
purchasing practices, no municipal corporation or other political | 474 |
subdivision shall enact or enforce any regulation or ordinance | 475 |
regulating the purchase or sale of scrap metal by a scrap metal | 476 |
dealer or that is in conflict with or in derogation of sections | 477 |
4737.01 to 4737.043 of the Revised Code. | 478 |
Section 3. During the first year of the 129th General | 491 |
Assembly, the President of the Senate or Speaker of the House of | 492 |
Representatives shall initiate creation of a joint select | 493 |
committee of the Senate and House of Representatives for the | 494 |
purpose of considering the effectiveness of this act in deterring | 495 |
crime and the costs of complying with this act to industries | 496 |
affected by this act. The President of the Senate and Speaker of | 497 |
the House of Representatives shall create the joint select | 498 |
committee in accordance with the Joint Rules of the Senate and | 499 |
House of Representatives for the 129th General Assembly for | 500 |
creation of a joint select committee. | 501 |
The joint select committee shall hold public hearings at | 502 |
which time representatives of the Ohio Municipal League, the Ohio | 503 |
Prosecuting Attorneys Association, and the Ohio Sheriff's | 504 |
Association; representatives of the scrap metal recycling | 505 |
industry; and other interested parties may present testimony on | 506 |
the affect of this act on metals theft rates, theft deterrence, | 507 |
criminal enforcement and prosecution, and economic and | 508 |
administrative burdens on industry. The joint select committee | 509 |
shall provide advance notice of its hearings to, and shall solicit | 510 |
comments in advance of those hearings from, the Ohio Municipal | 511 |
League, Ohio Prosecuting Attorneys Association, Ohio Sheriff's | 512 |
Association, representatives of the scrap metal recycling | 513 |
industry, and other interested parties that the joint select | 514 |
committee determines should receive notice. | 515 |