(G) Except as otherwise provided in this
division, whoever | 33 |
violates section 1333.92 of the Revised Code
is guilty of a | 34 |
misdemeanor of the first degree. If the value of the
compensation | 35 |
is five hundred dollars or more and less than five thousand | 36 |
dollars, whoever violates section 1333.92 of the Revised Code is | 37 |
guilty of a
felony of
the fifth degree. If the value of the | 38 |
compensation is five thousand
dollars or more and less
than one | 39 |
hundred thousand dollars, whoever violates section 1333.92 of the | 40 |
Revised Code is
guilty of a felony of the fourth degree. If the | 41 |
value of the compensation is
one hundred thousand dollars or more, | 42 |
whoever violates section 1333.92 of the
Revised Code is
guilty of | 43 |
a felony of the third degree. | 44 |
Sec. 4737.01. (A) "Personal identification card" means a | 45 |
current and valid
driver's license, military identification card, | 46 |
state
identification card issued under sections 4507.50 to | 47 |
4507.52 of
the Revised Code, or a state identification card | 48 |
issued by another
state on the condition that that card contains | 49 |
information
substantially similar to the information contained on | 50 |
a state
identification card issued under sections 4507.50 to | 51 |
4507.52 of
the Revised Code and also contains a photograph of the | 52 |
person to
whom the card is issued. | 53 |
(B) A person other than a scrap metal dealer, as defined in | 54 |
section 4737.04 of the Revised Code, purchasing, selling, | 55 |
exchanging,
or receiving secondhand articles of any kind other | 56 |
than special purchase articles as defined in section 4737.04 of | 57 |
the Revised Code, scrap
iron, oldand scrap
metal, canvas, rope, | 58 |
branded bottles, junk or lead
pipe, except
plow irons, old | 59 |
stoves, and furniture, shall post in
a conspicuous
place in or | 60 |
upon histhe person's shop, store,
wagon, boat, or
other place of | 61 |
business, a sign having histhe person's name and
occupation | 62 |
legibly inscribed thereon, and shall keep a separate record book, | 63 |
open to
inspection by any law enforcement officer,or electronic | 64 |
file in which shall
be
written, in the English language, at the | 65 |
time of the purchase
or
exchange of such articles, a description | 66 |
thereof, the name,
description, and residence of the person from | 67 |
whom purchased and
received, and the day and hourtime when such | 68 |
purchase or exchange was made, and shall make and keep a copy of | 69 |
the person's personal identification card. Every entry shall be | 70 |
numbered
consecutively,
commencing
with number one. | 71 |
(B) Any person, prior to purchasing any secondhand article
of | 72 |
furniture or secondhand electrical or gas appliance or
equipment | 73 |
for the purpose of resale to the general public, shall
demand to | 74 |
examine the seller's driver's or commercial driver's
license or | 75 |
identification card issued under sections 4507.50 to
4507.52 of | 76 |
the Revised Code and one additional type of card
typically used | 77 |
for identification purposes. | 78 |
The purchaser shall keep a written record of the number of | 79 |
the license or identification card and the type and number of the | 80 |
other identification card accepted together with the date of | 81 |
purchase, the name and address of the seller, and a description
of | 82 |
the article purchased. The purchaser shall retain the written | 83 |
record book or electronic file and copies of personal | 84 |
identification cards for at least one year after the purchase or | 85 |
exchange date and shall make the record or file and copies | 86 |
available
for inspection by any law enforcement officer at all | 87 |
reasonable
times. For the purposes of this division, the purchaser | 88 |
may
utilize the written record he is required to keep
where | 89 |
applicable under division (A) of this section and add to it
the | 90 |
information required by this division. | 91 |
(d) Guard rails for bridges, highways, and roads; highway and | 105 |
street signs; street light poles and fixtures; manhole covers, | 106 |
water meter covers, and other similar types of utility access | 107 |
covers; traffic directional and control signs and light signals, | 108 |
metal marked with the name of a political subdivision of the | 109 |
state, and other metal articles that are purchased and installed | 110 |
for use
upon authorization of the state or any political | 111 |
subdivision of
the state; | 112 |
(3) "Common recycled matter" means bottles and other | 121 |
containers made out of steel, tin, or aluminum and other
consumer | 122 |
goods that are metal that
are
recycled by individual
consumers | 123 |
and not in the bulk or
quantity
that could be supplied
or | 124 |
recycled by
large business
establishments. "Common recycled | 125 |
matter" does not
include a metal tray used by
a product | 126 |
producer, distributor,
retailer, or agent of a product
producer, | 127 |
distributor, or retailer
as a means for the bulk
transportation, | 128 |
storage, or carrying of
retail containers of
milk, baked goods, | 129 |
eggs, or bottled beverage
products. | 130 |
(B) Every scrap metal dealer in scrap iron, metal, and waste | 138 |
materials shall
maintain a record book of recordsor electronic | 139 |
file, in which hethe dealer shall keep an
accurate and complete | 140 |
record of all articles purchased or received by himthe dealer
in | 141 |
the course of histhe dealer's daily
business. On and after the | 142 |
effective date of this amendment, every entry in the record book | 143 |
or electronic file shall be numbered consecutively. Every dealer | 144 |
shall maintain the record for each
article purchased or received | 145 |
for a minimum period of one year
after the date the dealer | 146 |
purchased or received the article. Said
records shall contain all | 147 |
of the name, description,following: | 148 |
Such(D) The records required under division (B) of this | 216 |
section shall be open for inspection by the representative of any | 217 |
law
enforcement agency atand the director of public safety or the | 218 |
director's designated representative during all business hours. A | 219 |
scrap metal dealer shall provide a copy of those records to any | 220 |
law enforcement agency that requests the records or to the | 221 |
director
or director's representative, upon request. Records | 222 |
submitted to
any law enforcement agency pursuant to this section | 223 |
are not
public records for purposes of section 149.43 of the | 224 |
Revised
Code. A person who claims to own a stolen article that | 225 |
may be identified in those
records, or an agent of that person, | 226 |
who provides proof of having filed a stolen property report with | 227 |
the appropriate law enforcement agency, may request those | 228 |
records. The law enforcement agency shall provide those records | 229 |
upon a request made by such a person or that person's agent, but | 230 |
the law enforcement
agency shall redact information that reveals | 231 |
the name of the
seller of any article and the price the dealer | 232 |
paid for any
article the dealer purchased or the estimated value | 233 |
of any
article the dealer received. The law enforcement agency | 234 |
shall determine which records to provide, based upon the time | 235 |
period that the alleged theft is reported to have taken place. A | 236 |
law enforcement agency may
charge or collect a fee for providing | 237 |
records as required by this section. | 238 |
(2) The law enforcement agency that serves the jurisdiction | 242 |
in
which a scrap metal dealer is located shall provide a list, as | 243 |
that
agency determines appropriate, of the names and descriptions | 244 |
of
persons known to be or who are suspected to be thieves or | 245 |
receivers of stolen property. No scrap metal dealer shall purchase | 246 |
or receive articles from any person identified on the list the | 247 |
dealer receives from the law enforcement agency. | 248 |
(G)(1) Except as otherwise provided in the second paragraph | 274 |
of division (E) of this section, a chief of police, marshal, or | 275 |
other chief law enforcement officer, a sheriff, constable, or | 276 |
chief of police of a township police department or police district | 277 |
police force, and a deputy, officer, or employee of the law | 278 |
enforcement agency served by the marshal or the municipal or | 279 |
township chief, the office of the sheriff, or the constable is | 280 |
immune from liability in a civil action, including an action for | 281 |
defamation, libel, or slander, to recover damages for
injury, | 282 |
death, or loss to persons or property or reputation allegedly | 283 |
caused by
an act or omission in connection with compiling and | 284 |
providing the
list required by division (E) of this section. | 285 |
(F) If an asserted owner of stolen special purchase articles | 312 |
or that owner's agent provides proof of having
filed a stolen | 313 |
property report with the appropriate law
enforcement agency, make | 314 |
records describing special purchase
articles
the scrap metal | 315 |
dealer purchased or received after the alleged date of theft | 316 |
available for inspection to the
asserted owner or owner's agent | 317 |
for a period of six months after the alleged date of
theft of the | 318 |
articles, except that the scrap metal dealer shall withhold the | 319 |
name of the
person from
whom the special purchase articles were | 320 |
purchased or
received and
the amount paid for the special | 321 |
purchase articles. | 322 |
Sec. 4737.042. A scrap metal dealer and a person who | 323 |
purchases, sells, exchanges, or receives secondhand articles may | 324 |
use an electronic device that decodes and records information | 325 |
contained in the metallic strip on a personal identification card | 326 |
to record a person's name, address, and photograph in lieu of | 327 |
making a copy of a person's personal identification card to comply | 328 |
with the requirements of sections 4737.01, 4737.04, and 4737.041 | 329 |
of the Revised Code, on the condition that the dealer or person | 330 |
retains that recorded information and makes it available in | 331 |
accordance with the requirements to make copies available under | 332 |
those sections. | 333 |
(C) Sales transacted between a scrap
metal dealer and an | 341 |
organization that is exempt from federal
taxation under section | 342 |
501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 285, | 343 |
26 U.S.C. 501(c)(3), as amended, and that
collects, for its own | 344 |
fundraising purposes, scrap ferrous and nonferrous metals for | 345 |
recycling rather than disposal; | 346 |
(c) The business advertises its services in a newspaper of | 365 |
general circulation once a week for not less than six consecutive | 366 |
months or provides a receipt showing payment for such advertising, | 367 |
a telephone book, electronic media that is
available to the | 368 |
public, or some other type of media that is owned
and operated by | 369 |
a person other than the business and, if an individual operates | 370 |
the business, the individual advertising the business has a | 371 |
specific place of business that is not the individual's permanent | 372 |
home residence. | 373 |
(C) Whoever fails to comply with or violates section 4737.01 | 396 |
or 4737.041 or division (B), (C), (E), or (F) of section 4737.04 | 397 |
of the
Revised Code is guilty of a misdemeanor of the third | 398 |
degree. If the offender one time previously has violated or failed | 399 |
to comply with section 4737.01 or 4737.041 or division (B), (C), | 400 |
(D), (E), or (F) of section 4737.04 of the Revised Code, the | 401 |
violation or failure is a misdemeanor of the second degree. If the | 402 |
offender two or more times previously has violated or failed to | 403 |
comply with section 4737.01 or 4737.041 or division (B), (C), (D), | 404 |
(E), or (F) of section 4737.04 of the Revised Code, the violation | 405 |
or failure is a misdemeanor of the first degree. | 406 |
Section 3. During the first year of the 129th General | 409 |
Assembly, the President of the Senate or Speaker of the House of | 410 |
Representatives shall initiate creation of a joint select | 411 |
committee of the Senate and House of Representatives for the | 412 |
purpose of considering the effectiveness of this act in deterring | 413 |
crime and the costs of complying with this act to industries | 414 |
affected by this act. The President of the Senate and Speaker of | 415 |
the House of Representatives shall create the joint select | 416 |
committee in accordance with the Joint Rules of the Senate and | 417 |
House of Representatives for the 129th General Assembly for | 418 |
creation of a joint select committee. | 419 |
The joint select committee shall hold public hearings at | 420 |
which time representatives of the Ohio Municipal League, the Ohio | 421 |
Prosecuting Attorneys Association, and the Ohio Sheriff's | 422 |
Association; representatives of the scrap metal recycling | 423 |
industry; and other interested parties may present testimony on | 424 |
the affect of this act on metals theft rates, theft deterrence, | 425 |
criminal enforcement and prosecution, and economic and | 426 |
administrative burdens on industry. The joint select committee | 427 |
shall provide advance notice of its hearings to, and shall solicit | 428 |
comments in advance of those hearings from, the Ohio Municipal | 429 |
League, Ohio Prosecuting Attorneys Association, Ohio Sheriff's | 430 |
Association, representatives of the scrap metal recycling | 431 |
industry, and other interested parties that the joint select | 432 |
committee determines should receive notice. | 433 |
Section 4. The provisions of law contained in this act, and | 440 |
their applications, are severable. If any provision of law | 441 |
contained in this act, or if any application of any provision of | 442 |
law contained in this act, is held invalid, the invalidity does | 443 |
not affect other provisions of law contained in this act and their | 444 |
applications that can be given effect without the invalid | 445 |
provision or application. | 446 |