As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 193

Senator Seitz 

Cosponsor: Senator Patton 

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A BILL

To amend sections 4737.04 and 4737.99 of the Revised

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Code to require scrap metal dealers to take and

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keep as part of the sales record a photograph of

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each person selling or giving an article to the

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dealer.

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

Section 1. That sections 4737.04 and 4737.99 of the Revised	6
Code be amended to read as follows:	7

Sec. 4737.04. (A) As used in this section and sections	8
4737.041, 4737.042, and 4737.043 of the Revised Code:	9

(1) "Scrap metal dealer" means the owner or operator of a	10
business that purchases or receives scrap metal.	11

(2) "Special purchase article" means all of the following:

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(a) Beer kegs;

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(b) Cable, wire, electrical components, and other equipment	14
used in providing cable service or any utility service, including,	15
but not limited to, copper or aluminum coverings, housings, or	16
enclosures related thereto;	17

(c) Grave markers, sculptures, plaques, and vases made out of	18
metal, the appearance of which suggest that the articles have been	19
obtained from a cemetery;	20

(d) Guard rails for bridges, highways, and roads; highway and	21
street signs; street light poles and fixtures; manholeworker	22
access hole covers, water meter covers, and other similar types of	23
utility access covers; traffic directional and control signs and	24
light signals, metal marked with the name of a political	25
subdivision of the state, and other metal articles that are	26
purchased and installed for use upon authorization of the state or	27
any political subdivision of the state;	28

(e) Historical, commemorative, and memorial markers and	29
plaques made out of metal;	30

(f) Four-wheel metal carts, commonly referred to as "grocery	31
carts," that are generally used by individuals to collect and	32
transport consumer goods while shopping;	33

(g) Four-wheel metal carts, commonly referred to as "metal	34
bossies," that are used to transport or merchandise food products	35
that are stored in crates, shells, or trays.	36

(3) "Common recycled matter" means bottles and other	37
containers made out of steel, tin, or aluminum and other consumer	38
goods that are metal that are recycled by individual consumers and	39
not in the bulk or quantity that could be supplied or recycled by	40
large business establishments. "Common recycled matter" does not	41
include a metal tray used by a product producer, distributor,	42
retailer, or agent of a product producer, distributor, or retailer	43
as a means for the bulk transportation, storage, or carrying of	44
retail containers of milk, baked goods, eggs, or bottled beverage	45
products.	46

(4) "Consumer goods" has the same meaning as in section	47
1309.102 of the Revised Code.	48

(5) "Recyclable materials" means the metal materials	49
described in division (B)(5) of this section, on the condition	50
that those metal materials are not special purchase articles.	51

(6) "Motor vehicle" has the same meaning as in section	52
4501.01 of the Revised Code.	53

(B) Every scrap metal dealer shall maintain a record book or	54
electronic file, in which the dealer shall keep an accurate and	55
complete record of all articles purchased or received by the	56
dealer in the course of the dealer's daily business. On and after	57
the effective date of this amendmentSeptember 11, 2008, every	58
entry in the record book or electronic file shall be numbered	59
consecutively. Every dealer shall maintain the record for each	60
article purchased or received for a minimum period of one year	61
after the date the dealer purchased or received the article. Said	62
records shall contain all of the following:	63

(1) Name and residence of the person from whom said articles	64
were purchased or received and, a copy of that person's personal	65
identification card, and a photograph of the person taken pursuant	66
to division (H)(2) of this section;	67

(2) A photograph of the article, taken pursuant to division	68
(H)(1) of this section;	69

(3) The date and time the scrap metal dealer purchased or	70
received the articles;	71

(3)(4) If the seller or provider of the articles arrives at	72
the dealer's place of business in a motor vehicle, the license	73
plate number of that motor vehicle along with the state that	74
issued the license plate;	75

(4)(5) For metal articles that are not recyclable materials,	76
a full and accurate description of each article purchased or	77
received by the dealer that includes identifying letters or marks	78
written, inscribed, or otherwise included on the article and the	79
name and maker of the article if known;	80

(5)(6) For recyclable materials that are not special purchase	81
articles, a scrap metal dealer shall use the following category	82
codes to identify the recyclable materials that the dealer	83
receives:	84

(a) "Number one copper," which includes clean copper pipe,	85
clean copper wire, or other number one copper that does not have	86
solder, paint, or coating;	87

(b) "Number two copper," which includes unclean copper pipe,	88
unclean copper wire, or other number two copper;	89

(c) "Sheet copper," which includes copper roofing, copper	90
gutters, copper downspouts, and other sheet copper;	91

(d) "Insulated copper wire";

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(e) "Aluminum or copper radiators," which includes aluminum	93
radiators, aluminum copper radiators, and copper radiators;	94

(f) "Red brass," which includes red brass values and other	95
red brass;	96

(g) "Yellow brass," which includes yellow brass fixtures,	97
yellow brass valve and fitting, ornamental brass, and other yellow	98
brass;	99

(h) "Aluminum sheet";

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(i) "Aluminum extrusions," which includes aluminum bleachers,	101
aluminum benches, aluminum frames, aluminum pipe, and other	102
aluminum extrusions;	103

(j) "Cast aluminum," which includes aluminum grills,	104
lawnmower decks made of aluminum, aluminum motor vehicle parts and	105
rims, and other cast aluminum;	106

(k) "Clean aluminum wire";

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(l) "Unclean aluminum wire";

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(m) "Aluminum exteriors," which includes aluminum siding,	109
aluminum gutters and downspouts, aluminum shutters, aluminum trim,	110
and other aluminum exterior items;	111

(n) "Contaminated aluminum";

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(o) "Stainless steel," which includes, sinks, appliance	113
housing, dishes, pots, pans, pipe, and other items made out of	114
stainless steel;	115

(p) "Large appliances," which includes consumer and other	116
appliances;	117

(q) "Miscellaneous steel," which includes steel grates, steel	118
farm machinery, steel industrial machinery, steel motor vehicle	119
frames, and other items made out of steel;	120

(r) "Sheet irons," which includes bicycles, motor vehicle	121
body parts made of iron, and other items made using sheet iron;	122

(s) "Motor vehicle nonbody parts," which includes motor	123
vehicle batteries, radiators, and other nonbody motor vehicle	124
parts;	125

(t) "Catalytic converters";

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(u) "Lead";

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(v) "Electric motors."

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(C) All journal brasses, and other railroad metals, other	129
than purchases and sales under sections 4973.13 to 4973.16 of the	130
Revised Code, shall be held by the dealer for a period of thirty	131
days after being purchased or acquired.	132

(D) The records required under division (B) of this section	133
shall be open for inspection by the representative of any law	134
enforcement agency and the director of public safety or the	135
director's designated representative during all business hours. A	136
scrap metal dealer shall provide a copy of those records to any	137
law enforcement agency that requests the records or to the	138
director or director's representative, upon request. Records	139
submitted to any law enforcement agency pursuant to this section	140
are not public records for purposes of section 149.43 of the	141
Revised Code. A person who claims to own a stolen article that may	142
be identified in those records, or an agent of that person, who	143
provides proof of having filed a stolen property report with the	144
appropriate law enforcement agency, may request those records. The	145
law enforcement agency shall provide those records upon a request	146
made by such a person or that person's agent, but the law	147
enforcement agency shall redact information that reveals the name	148
of the seller of any article and the price the dealer paid for any	149
article the dealer purchased or the estimated value of any article	150
the dealer received. The law enforcement agency shall determine	151
which records to provide, based upon the time period that the	152
alleged theft is reported to have taken place. A law enforcement	153
agency may charge or collect a fee for providing records as	154
required by this section.	155

(E)(1) No scrap metal dealer shall purchase or receive any	156
metal articles from a person who refuses to show the dealer the	157
person's personal identification card, or who refuses to allow the	158
dealer to take a photograph of the person as required under	159
division (H)(2) of this section.	160

(2) The law enforcement agency that serves the jurisdiction	161
in which a scrap metal dealer is located shall provide a list, as	162
that agency determines appropriate, of the names and descriptions	163
of persons known to be or who are suspected to be thieves or	164
receivers of stolen property. No scrap metal dealer shall purchase	165
or receive articles from any person identified on the list the	166
dealer receives from the law enforcement agency.	167

(3) No scrap metal dealer shall purchase or receive any	168
special purchase articles from any person who is under eighteen	169
years of age.	170

(4) No scrap metal dealer shall purchase or receive any	171
special purchase article without complying with division (B) of	172
this section and division (B), (C), or (D) of section 4737.041 of	173
the Revised Code.	174

(5) No scrap metal dealer shall purchase or receive more than	175
one catalytic converter per day from the same person except from a	176
motor vehicle dealer as defined in section 4517.01 of the Revised	177
Code.	178

(6) No scrap metal dealer shall treat a transaction as exempt	179
from section 4737.04 or 4737.041 of the Revised Code unless the	180
seller provides evidence of satisfying division (D)(3) of section	181
4737.043 of the Revised Code.	182

(F) Every scrap metal dealer shall post a notice in a	183
conspicuous place on the dealer's premises notifying persons who	184
may wish to transact business with the dealer of the penalties	185
applicable to any person who does any of the following:	186

(1) Provides a false personal identification card to the	187
dealer;	188

(2) With purpose to defraud, provides any other false	189
information to the dealer in connection with the dealer's duty to	190
maintain the records required under division (B) of this section;	191

(3) Violates section 2913.02 of the Revised Code.

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(G)(1) Except as otherwise provided in the second paragraph	193
of division (E) of this section, a chief of police, marshal, or	194
other chief law enforcement officer, a sheriff, constable, or	195
chief of police of a township police department or police district	196
police force, and a deputy, officer, or employee of the law	197
enforcement agency served by the marshal or the municipal or	198
township chief, the office of the sheriff, or the constable is	199
immune from liability in a civil action, including an action for	200
defamation, libel, or slander, to recover damages for injury,	201
death, or loss to persons or property or reputation allegedly	202
caused by an act or omission in connection with compiling and	203
providing the list required by division (E) of this section.	204

(2) The immunity described in division (G)(1) of this section	205
does not apply to a person described in that division if, in	206
relation to the act or omission in question, any of the following	207
applies:	208

(a) The act or omission was manifestly outside the scope of	209
the person's employment or official responsibilities.	210

(b) The act or omission was with malicious purpose, in bad	211
faith, or in a wanton or reckless manner.	212

(c) Liability for the act or omission is expressly imposed by	213
a section of the Revised Code.	214

(H) Every scrap metal dealer shall take a photograph, by any	215
photographic means available, of both of the following:	216

(1) Each article for which the dealer must make a record	217
under division (B) of this section;	218

(2) Each person who sells or otherwise gives the dealer that	219
article.	220

The dealer shall take the required photographs at the time	221
the dealer purchases or receives the article and shall keep the	222
photographs as part of the record in accordance with division (B)	223
of this section.	224

Sec. 4737.99.  (A) Except as specified in divisions (B) and	225
(C) of this section, whoever violates sections 4737.01 to 4737.11	226
of the Revised Code, shall be fined not less than twenty-five nor	227
more than one thousand dollars and the costs of prosecution.	228

(B) Whoever violates division (F)(2) of section 4737.10 of	229
the Revised Code is guilty of a misdemeanor of the fourth degree.	230

(C) Whoever fails to comply with or violates section 4737.01	231
or 4737.041 or division (B), (C), (E), or (F), or (H) of section	232
4737.04 of the Revised Code is guilty of a misdemeanor of the	233
third degree. If the offender one time previously has violated or	234
failed to comply with section 4737.01 or 4737.041 or division (B),	235
(C), (D), (E), or (F), or (H) of section 4737.04 of the Revised	236
Code, the violation or failure is a misdemeanor of the second	237
degree. If the offender two or more times previously has violated	238
or failed to comply with section 4737.01 or 4737.041 or division	239
(B), (C), (D), (E), or (F), or (H) of section 4737.04 of the	240
Revised Code, the violation or failure is a misdemeanor of the	241
first degree.	242

Section 2. That existing sections 4737.04 and 4737.99 of the	243
Revised Code are hereby repealed.	244