As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. Sub. S. B. No. 193

Senator Seitz 

Cosponsors: Senators Patton, Hughes, Bacon, Balderson, Beagle, Brown, Burke, Cafaro, Eklund, Hite, Jones, Kearney, LaRose, Lehner, Manning, Niehaus, Oelslager, Sawyer, Schiavoni, Tavares, Turner, Wagoner 

Representatives Adams, R., Antonio, Ashford, Barnes, Boyce, Boyd, Bubp, Carney, Celebrezze, Celeste, Cera, Clyde, Combs, Conditt, Damschroder, Derickson, Driehaus, Duffey, Foley, Hackett, Hagan, C., Heard, Johnson, Letson, Lundy, Mallory, McGregor, Milkovich, O'Brien, Patmon, Phillips, Ramos, Schuring, Stautberg, Terhar, Uecker, Williams, Yuko Speaker Batchelder 

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A BILL

To amend sections 2913.01, 4737.04, 4737.041, and

1

4737.99 and to enact sections 4737.012 and

2

4737.045 of the Revised Code to make changes to

3

the law governing scrap metal dealers and bulk

4

merchandise dealers.

5

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

Section 1. That sections 2913.01, 4737.04, 4737.041, and	6
4737.99 be amended and sections 4737.012 and 4737.045 of the	7
Revised Code be enacted to read as follows:	8

Sec. 2913.01.  As used in this chapter, unless the context	9
requires that a term be given a different meaning:	10

(A) "Deception" means knowingly deceiving another or causing	11
another to be deceived by any false or misleading representation,	12
by withholding information, by preventing another from acquiring	13
information, or by any other conduct, act, or omission that	14
creates, confirms, or perpetuates a false impression in another,	15
including a false impression as to law, value, state of mind, or	16
other objective or subjective fact.	17

(B) "Defraud" means to knowingly obtain, by deception, some	18
benefit for oneself or another, or to knowingly cause, by	19
deception, some detriment to another.	20

(C) "Deprive" means to do any of the following:

21

(1) Withhold property of another permanently, or for a period	22
that appropriates a substantial portion of its value or use, or	23
with purpose to restore it only upon payment of a reward or other	24
consideration;	25

(2) Dispose of property so as to make it unlikely that the	26
owner will recover it;	27

(3) Accept, use, or appropriate money, property, or services,	28
with purpose not to give proper consideration in return for the	29
money, property, or services, and without reasonable justification	30
or excuse for not giving proper consideration.	31

(D) "Owner" means, unless the context requires a different	32
meaning, any person, other than the actor, who is the owner of,	33
who has possession or control of, or who has any license or	34
interest in property or services, even though the ownership,	35
possession, control, license, or interest is unlawful.	36

(E) "Services" include labor, personal services, professional	37
services, rental services, public utility services including	38
wireless service as defined in division (F)(1) of section 4931.40	39
of the Revised Code, common carrier services, and food, drink,	40
transportation, entertainment, and cable television services and,	41
for purposes of section 2913.04 of the Revised Code, include cable	42
services as defined in that section.	43

(F) "Writing" means any computer software, document, letter,	44
memorandum, note, paper, plate, data, film, or other thing having	45
in or upon it any written, typewritten, or printed matter, and any	46
token, stamp, seal, credit card, badge, trademark, label, or other	47
symbol of value, right, privilege, license, or identification.	48

(G) "Forge" means to fabricate or create, in whole or in part	49
and by any means, any spurious writing, or to make, execute,	50
alter, complete, reproduce, or otherwise purport to authenticate	51
any writing, when the writing in fact is not authenticated by that	52
conduct.	53

(H) "Utter" means to issue, publish, transfer, use, put or	54
send into circulation, deliver, or display.	55

(I) "Coin machine" means any mechanical or electronic device	56
designed to do both of the following:	57

(1) Receive a coin, bill, or token made for that purpose;

58

(2) In return for the insertion or deposit of a coin, bill,	59
or token, automatically dispense property, provide a service, or	60
grant a license.	61

(J) "Slug" means an object that, by virtue of its size,	62
shape, composition, or other quality, is capable of being inserted	63
or deposited in a coin machine as an improper substitute for a	64
genuine coin, bill, or token made for that purpose.	65

(K) "Theft offense" means any of the following:

66

(1) A violation of section 2911.01, 2911.02, 2911.11,	67
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	68
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	69
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	70
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	71
2913.51, 2915.05, or 2921.41, or division (B)(2) of section	72
4737.04 of the Revised Code;	73

(2) A violation of an existing or former municipal ordinance	74
or law of this or any other state, or of the United States,	75
substantially equivalent to any section listed in division (K)(1)	76
of this section or a violation of section 2913.41, 2913.81, or	77
2915.06 of the Revised Code as it existed prior to July 1, 1996;	78

(3) An offense under an existing or former municipal	79
ordinance or law of this or any other state, or of the United	80
States, involving robbery, burglary, breaking and entering, theft,	81
embezzlement, wrongful conversion, forgery, counterfeiting,	82
deceit, or fraud;	83

(4) A conspiracy or attempt to commit, or complicity in	84
committing, any offense under division (K)(1), (2), or (3) of this	85
section.	86

(L) "Computer services" includes, but is not limited to, the	87
use of a computer system, computer network, computer program, data	88
that is prepared for computer use, or data that is contained	89
within a computer system or computer network.	90

(M) "Computer" means an electronic device that performs	91
logical, arithmetic, and memory functions by the manipulation of	92
electronic or magnetic impulses. "Computer" includes, but is not	93
limited to, all input, output, processing, storage, computer	94
program, or communication facilities that are connected, or	95
related, in a computer system or network to an electronic device	96
of that nature.	97

(N) "Computer system" means a computer and related devices,	98
whether connected or unconnected, including, but not limited to,	99
data input, output, and storage devices, data communications	100
links, and computer programs and data that make the system capable	101
of performing specified special purpose data processing tasks.	102

(O) "Computer network" means a set of related and remotely	103
connected computers and communication facilities that includes	104
more than one computer system that has the capability to transmit	105
among the connected computers and communication facilities through	106
the use of computer facilities.	107

(P) "Computer program" means an ordered set of data	108
representing coded instructions or statements that, when executed	109
by a computer, cause the computer to process data.	110

(Q) "Computer software" means computer programs, procedures,	111
and other documentation associated with the operation of a	112
computer system.	113

(R) "Data" means a representation of information, knowledge,	114
facts, concepts, or instructions that are being or have been	115
prepared in a formalized manner and that are intended for use in a	116
computer, computer system, or computer network. For purposes of	117
section 2913.47 of the Revised Code, "data" has the additional	118
meaning set forth in division (A) of that section.	119

(S) "Cable television service" means any services provided by	120
or through the facilities of any cable television system or other	121
similar closed circuit coaxial cable communications system, or any	122
microwave or similar transmission service used in connection with	123
any cable television system or other similar closed circuit	124
coaxial cable communications system.	125

(T) "Gain access" means to approach, instruct, communicate	126
with, store data in, retrieve data from, or otherwise make use of	127
any resources of a computer, computer system, or computer network,	128
or any cable service or cable system both as defined in section	129
2913.04 of the Revised Code.	130

(U) "Credit card" includes, but is not limited to, a card,	131
code, device, or other means of access to a customer's account for	132
the purpose of obtaining money, property, labor, or services on	133
credit, or for initiating an electronic fund transfer at a	134
point-of-sale terminal, an automated teller machine, or a cash	135
dispensing machine. It also includes a county procurement card	136
issued under section 301.29 of the Revised Code.	137

(V) "Electronic fund transfer" has the same meaning as in 92	138
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	139

(W) "Rented property" means personal property in which the	140
right of possession and use of the property is for a short and	141
possibly indeterminate term in return for consideration; the	142
rentee generally controls the duration of possession of the	143
property, within any applicable minimum or maximum term; and the	144
amount of consideration generally is determined by the duration of	145
possession of the property.	146

(X) "Telecommunication" means the origination, emission,	147
dissemination, transmission, or reception of data, images,	148
signals, sounds, or other intelligence or equivalence of	149
intelligence of any nature over any communications system by any	150
method, including, but not limited to, a fiber optic, electronic,	151
magnetic, optical, digital, or analog method.	152

(Y) "Telecommunications device" means any instrument,	153
equipment, machine, or other device that facilitates	154
telecommunication, including, but not limited to, a computer,	155
computer network, computer chip, computer circuit, scanner,	156
telephone, cellular telephone, pager, personal communications	157
device, transponder, receiver, radio, modem, or device that	158
enables the use of a modem.	159

(Z) "Telecommunications service" means the providing,	160
allowing, facilitating, or generating of any form of	161
telecommunication through the use of a telecommunications device	162
over a telecommunications system.	163

(AA) "Counterfeit telecommunications device" means a	164
telecommunications device that, alone or with another	165
telecommunications device, has been altered, constructed,	166
manufactured, or programmed to acquire, intercept, receive, or	167
otherwise facilitate the use of a telecommunications service or	168
information service without the authority or consent of the	169
provider of the telecommunications service or information service.	170
"Counterfeit telecommunications device" includes, but is not	171
limited to, a clone telephone, clone microchip, tumbler telephone,	172
or tumbler microchip; a wireless scanning device capable of	173
acquiring, intercepting, receiving, or otherwise facilitating the	174
use of telecommunications service or information service without	175
immediate detection; or a device, equipment, hardware, or software	176
designed for, or capable of, altering or changing the electronic	177
serial number in a wireless telephone.	178

(BB)(1) "Information service" means, subject to division	179
(BB)(2) of this section, the offering of a capability for	180
generating, acquiring, storing, transforming, processing,	181
retrieving, utilizing, or making available information via	182
telecommunications, including, but not limited to, electronic	183
publishing.	184

(2) "Information service" does not include any use of a	185
capability of a type described in division (BB)(1) of this section	186
for the management, control, or operation of a telecommunications	187
system or the management of a telecommunications service.	188

(CC) "Elderly person" means a person who is sixty-five years	189
of age or older.	190

(DD) "Disabled adult" means a person who is eighteen years of	191
age or older and has some impairment of body or mind that makes	192
the person unable to work at any substantially remunerative	193
employment that the person otherwise would be able to perform and	194
that will, with reasonable probability, continue for a period of	195
at least twelve months without any present indication of recovery	196
from the impairment, or who is eighteen years of age or older and	197
has been certified as permanently and totally disabled by an	198
agency of this state or the United States that has the function of	199
so classifying persons.	200

(EE) "Firearm" and "dangerous ordnance" have the same	201
meanings as in section 2923.11 of the Revised Code.	202

(FF) "Motor vehicle" has the same meaning as in section	203
4501.01 of the Revised Code.	204

(GG) "Dangerous drug" has the same meaning as in section	205
4729.01 of the Revised Code.	206

(HH) "Drug abuse offense" has the same meaning as in section	207
2925.01 of the Revised Code.	208

(II)(1) "Computer hacking" means any of the following:

209

(a) Gaining access or attempting to gain access to all or	210
part of a computer, computer system, or a computer network without	211
express or implied authorization with the intent to defraud or	212
with intent to commit a crime;	213

(b) Misusing computer or network services including, but not	214
limited to, mail transfer programs, file transfer programs, proxy	215
servers, and web servers by performing functions not authorized by	216
the owner of the computer, computer system, or computer network or	217
other person authorized to give consent. As used in this division,	218
"misuse of computer and network services" includes, but is not	219
limited to, the unauthorized use of any of the following:	220

(i) Mail transfer programs to send mail to persons other than	221
the authorized users of that computer or computer network;	222

(ii) File transfer program proxy services or proxy servers to	223
access other computers, computer systems, or computer networks;	224

(iii) Web servers to redirect users to other web pages or web	225
servers.	226

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	227
using a group of computer programs commonly known as "port	228
scanners" or "probes" to intentionally access any computer,	229
computer system, or computer network without the permission of the	230
owner of the computer, computer system, or computer network or	231
other person authorized to give consent. The group of computer	232
programs referred to in this division includes, but is not limited	233
to, those computer programs that use a computer network to access	234
a computer, computer system, or another computer network to	235
determine any of the following: the presence or types of computers	236
or computer systems on a network; the computer network's	237
facilities and capabilities; the availability of computer or	238
network services; the presence or versions of computer software	239
including, but not limited to, operating systems, computer	240
services, or computer contaminants; the presence of a known	241
computer software deficiency that can be used to gain unauthorized	242
access to a computer, computer system, or computer network; or any	243
other information about a computer, computer system, or computer	244
network not necessary for the normal and lawful operation of the	245
computer initiating the access.	246

(ii) The group of computer programs referred to in division	247
(II)(1)(c)(i) of this section does not include standard computer	248
software used for the normal operation, administration,	249
management, and test of a computer, computer system, or computer	250
network including, but not limited to, domain name services, mail	251
transfer services, and other operating system services, computer	252
programs commonly called "ping," "tcpdump," and "traceroute" and	253
other network monitoring and management computer software, and	254
computer programs commonly known as "nslookup" and "whois" and	255
other systems administration computer software.	256

(d) The intentional use of a computer, computer system, or a	257
computer network in a manner that exceeds any right or permission	258
granted by the owner of the computer, computer system, or computer	259
network or other person authorized to give consent.	260

(2) "Computer hacking" does not include the introduction of a	261
computer contaminant, as defined in section 2909.01 of the Revised	262
Code, into a computer, computer system, computer program, or	263
computer network.	264

(JJ) "Police dog or horse" has the same meaning as in section	265
2921.321 of the Revised Code.	266

(KK) "Anhydrous ammonia" is a compound formed by the	267
combination of two gaseous elements, nitrogen and hydrogen, in the	268
manner described in this division. Anhydrous ammonia is one part	269
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	270
weight is fourteen parts nitrogen to three parts hydrogen, which	271
is approximately eighty-two per cent nitrogen to eighteen per cent	272
hydrogen.	273

(LL) "Assistance dog" has the same meaning as in section	274
955.011 of the Revised Code.	275

(MM) "Federally licensed firearms dealer" has the same	276
meaning as in section 5502.63 of the Revised Code.	277

Sec. 4737.012.  (A) Notwithstanding division (A) of section	278
4737.01 of the Revised Code, a dealer who is in the business of	279
purchasing, reselling, exchanging, recycling, shredding, or	280
receiving bulk merchandise containers shall not purchase or	281
receive plastic bulk merchandise containers that are marked with a	282
company name or logo, or more than nine wooden bulk merchandise	283
containers, from any other person at one time, unless the dealer	284
maintains a record book or electronic file in which the dealer	285
keeps an accurate and complete record of all containers purchased	286
or received by the dealer. Every entry in the record book or	287
electronic file shall be numbered consecutively. Until the	288
registry developed by the director of public safety pursuant to	289
section 4737.045 of the Revised Code is operational, a dealer	290
shall maintain the record for each container purchased or received	291
for a minimum period of one year after the date the dealer	292
purchased or received the container. Beginning on the date the	293
registry is operational, a dealer shall maintain the record for	294
each container purchased or received only for a period of sixty	295
days after the date the dealer purchased or received the	296
container. The director shall adopt rules for the format and	297
maintenance of the records required under this division.	298

The records shall contain all of the following:

299

(1) The name and residence of the person from whom the	300
containers were purchased or received, a copy of that person's	301
personal identification card, and, if required, a photograph of	302
the person taken pursuant to division (B)(2) of this section;	303

(2) A description of the containers, including the number	304
purchased or received and, if required, a photograph of the	305
containers taken pursuant to division (B)(1) of this section;	306

(3) The date and time the dealer purchased or received the	307
containers;	308

(4) If the seller or provider of the containers arrives at	309
the dealer's place of business in a motor vehicle, the license	310
plate number of that motor vehicle along with the state that	311
issued the license plate.	312

(B) Every dealer who is in the business of reselling bulk	313
merchandise containers shall take a photograph, in accordance with	314
rules adopted by the director, of both of the following:	315

(1) Each container for which the dealer must make a record	316
under division (A) of this section;	317

(2) Each person who sells or otherwise gives the dealer the	318
containers.	319

The dealer shall take the required photographs at the time	320
the dealer purchases or receives the containers and shall keep the	321
photographs as part of the record in accordance with division (A)	322
of this section.	323

(C) A dealer who is in the business of purchasing, reselling,	324
exchanging, recycling, shredding, or receiving bulk merchandise	325
containers shall fulfill the requirements of section 4737.041 of	326
the Revised Code with respect to the containers purchased or	327
received by the dealer for which the dealer must make a record	328
under division (A) of this section. No dealer shall purchase or	329
receive any bulk merchandise container for which the dealer must	330
make a record under division (A) of this section without complying	331
with division (B), (C), or (D) of section 4737.041 of the Revised	332
Code.	333

(D) As used in this section, "bulk merchandise container"	334
means a plastic or wooden carrier or holder used by a manufacturer	335
or distributor to transport merchandise to wholesale and retail	336
outlets.	337

Sec. 4737.04. (A) As used in this section and sections	338
4737.041, 4737.042, and 4737.043, 4737.044, 4737.045, and 4737.99	339
of the Revised Code:	340

(1) "Scrap metal dealer" means the owner or operator of a	341
business that purchases or receives scrap metal for the purpose of	342
sorting, grading, and shipping metals to third parties for direct	343
or indirect melting into new products.	344

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

345

(a) Beer kegs;

346

(b) Cable, wire, electrical components, and other equipment	347
used in providing cable service or any utility service, including,	348
but not limited to, copper or aluminum coverings, housings, or	349
enclosures related thereto;	350

(c) Grave markers, sculptures, plaques, and vases made out of	351
metal, the appearance of which suggestsuggests that the articles	352
have been obtained from a cemetery;	353

(d) Guard rails for bridges, highways, and roads; highway and	354
street signs; street light poles and fixtures; manholeworker	355
access hole covers, water meter covers, and other similar types of	356
utility access covers; traffic directional and control signs and	357
light signals, metal marked with the name of a political	358
subdivision of the state, and other metal articles that are	359
purchased and installed for use upon authorization of the state or	360
any political subdivision of the state;	361

(e) Historical, commemorative, and memorial markers and	362
plaques made out of metal;	363

(f) Four-wheel metal carts, commonly referred to as "grocery	364
carts," that are generally used by individuals to collect and	365
transport consumer goods while shopping;	366

(g) Four-wheel metal carts, commonly referred to as "metal	367
bossies," that are used to transport or merchandise food products	368
that are stored in crates, shells, or trays;	369

(h) Railroad material, including journal brasses, rail	370
spikes, rails, tie plates, frogs, and communication wire;	371

(i) Metal trays, merchandise containers, or similar transport	372
containers used by a product producer, distributor, retailer, or	373
an agent of a product producer, distributor, or retailer as a	374
means for the bulk transportation, storage, or carrying of retail	375
containers of milk, baked goods, eggs, or bottled beverage	376
products;	377

(j) "Burnt wire," which is any metal that has been smelted,	378
burned, or melted.	379

(3) "Bulk merchandise container" has the same meaning as in	380
section 4737.012 of the Revised Code.	381

(4) "Bulk merchandise container dealer" means a dealer who is	382
subject to section 4737.012 of the Revised Code.	383

(5) "Common recycled matter" means bottles and other	384
containers made out of steel, tin, or aluminum and other consumer	385
goods that are metal that are recycled by individual consumers and	386
not in the bulk or quantity that could be supplied or recycled by	387
large business establishments. "Common recycled matter" does not	388
include a metal tray used by a product producer, distributor,	389
retailer, or agent of a product producer, distributor, or retailer	390
as a means for the bulk transportation, storage, or carrying of	391
retail containers of milk, baked goods, eggs, or bottled beverage	392
products.	393

(4)(6) "Consumer goods" has the same meaning as in section	394
1309.102 of the Revised Code.	395

(5)(7) "Recyclable materials" means the metal materials	396
described in division (B)(C)(5) of this section, on the condition	397
that those metal materials are not special purchase articles.	398

(6)(8) "Motor vehicle" has the same meaning as in section	399
4501.01 of the Revised Code.	400

(B)(1) No person shall engage in the business of scrap metal	401
dealing or act as a bulk merchandise container dealer without	402
first registering with the director of public safety in accordance	403
with section 4737.045 of the Revised Code.	404

(2) Notwithstanding section 2913.02 of the Revised Code, no	405
person, with purpose to deprive the owner of a special purchase	406
article or bulk merchandise container, shall knowingly obtain or	407
exert control over the special purchase article or bulk	408
merchandise container in any of the following ways:	409

(a) Without the consent of the owner or person authorized to	410
give consent;	411

(b) Beyond the scope of the express or implied consent of the	412
owner or person authorized to give consent;	413

(c) By deception;

414

(d) By threat;

415

(e) By intimidation.

416

(3) No person shall receive, purchase, or sell a special	417
purchase article or a bulk merchandise container except as in	418
accordance with sections 4737.012 and 4737.04 to 4737.045 of the	419
Revised Code.	420

(C) Every scrap metal dealer shall maintain a record book or	421
electronic file, in which the dealer shall keep an accurate and	422
complete record of all articles purchased or received by the	423
dealer in the course of the dealer's daily business. On and after	424
the effective date of this amendmentSeptember 11, 2008, every	425
entry in the record book or electronic file shall be numbered	426
consecutively and, on or after the effective date of this	427
amendment, shall be maintained for inspection in numerical order.	428
EveryUntil the registry developed by the director pursuant to	429
section 4737.045 of the Revised Code is operational, a dealer	430
shall maintain the record for each article purchased or received	431
for a minimum period of one year after the date the dealer	432
purchased or received the article, except that the dealer shall	433
maintain the photograph required under division (I) of this	434
section only for a period of sixty days after the dealer purchased	435
or received the article. SaidBeginning on the date the registry	436
is operational, a dealer shall maintain the record for each	437
article purchased or received only for a period of sixty days	438
after the date the dealer purchased or received the article. The	439
director shall adopt rules for the format and maintenance of the	440
records required under this division.	441

The records shall contain all of the following:

442

(1) NameThe name and residence of the person from whom said	443
the articles were purchased or received and, a copy of that	444
person's personal identification card, and a photograph of the	445
person taken pursuant to division (I) of this section;	446

(2) The date and time the scrap metal dealer purchased or	447
received the articles and the weight of the articles as determined	448
by a licensed commercial scale;	449

(3) If the seller or provider of the articles arrives at the	450
dealer's place of business in a motor vehicle, the license plate	451
number of that motor vehicle along with the state that issued the	452
license plate;	453

(4) For metal articles that are not recyclable materials, a	454
full and accurate description of each article purchased or	455
received by the dealer that includes identifying letters or marks	456
written, inscribed, or otherwise included on the article and the	457
name and maker of the article if known;	458

(5) For recyclable materials that are not special purchase	459
articles, a scrap metal dealer shall use the following category	460
codes to identify the recyclable materials that the dealer	461
receives:	462

(a) "Number one copper," which includes clean copper pipe,	463
clean copper wire, or other number one copper that does not have	464
solder, paint, or coating;	465

(b) "Number two copper," which includes unclean copper pipe,	466
unclean copper wire, or other number two copper;	467

(c) "Sheet copper," which includes copper roofing, copper	468
gutters, copper downspouts, and other sheet copper;	469

(d) "Insulated copper wire";

470

(e) "Aluminum or copper radiators," which includes aluminum	471
radiators, aluminum copper radiators, and copper radiators;	472

(f) "Red brass," which includes red brass values and other	473
red brass;	474

(g) "Yellow brass," which includes yellow brass fixtures,	475
yellow brass valve and fitting, ornamental brass, and other yellow	476
brass;	477

(h) "Aluminum sheet";

478

(i) "Aluminum extrusions," which includes aluminum bleachers,	479
aluminum benches, aluminum frames, aluminum pipe, and other	480
aluminum extrusions;	481

(j) "Cast aluminum," which includes aluminum grills,	482
lawnmower decks made of aluminum, aluminum motor vehicle parts and	483
rims, and other cast aluminum;	484

(k) "Clean aluminum wire";

485

(l) "Unclean aluminum wire";

486

(m) "Aluminum exteriors," which includes aluminum siding,	487
aluminum gutters and downspouts, aluminum shutters, aluminum trim,	488
and other aluminum exterior items;	489

(n) "Contaminated aluminum";

490

(o) "Stainless steel," which includes, sinks, appliance	491
housing, dishes, pots, pans, pipe, and other items made out of	492
stainless steel;	493

(p) "Large appliances," which includes consumer and other	494
appliances;	495

(q) "Steel structural," which includes all structural steel	496
such as I-beams, trusses, channel iron, and similar steel from	497
buildings;	498

(r) "Miscellaneous steel," which includes steel grates, steel	499
farm machinery, steel industrial machinery, steel motor vehicle	500
frames, and other items made out of steel;	501

(r)(s) "Sheet irons," which includes bicycles, motor vehicle	502
body parts made of iron, and other items made using sheet iron;	503

(s)(t) "Motor vehicle nonbody parts," which includes motor	504
vehicle batteries, radiators, and other nonbody motor vehicle	505
parts;	506

(t)(u) "Catalytic converters";

507

(u)(v) "Lead";

508

(v)(w) "Electric motors."

509

(C) All journal brasses, and other railroad metals(6) For	510
recyclable materials that are special purchase articles, the	511
relevant category provided in division (A)(2) of this section.	512

(D) Railroad material, including journal brasses, rail	513
spikes, rails, tie plates, frogs, and communication wire, other	514
than purchases and sales under sections 4973.13 to 4973.16 of the	515
Revised Code, shall be held by thea scrap metal dealer for a	516
period of thirty days after being purchased or acquired.	517

(D)(E)(1) The records required under division (B)(C) of this	518
section or under section 4737.012 of the Revised Code shall be	519
open for inspection by the representative of any law enforcement	520
agency, railroad police officers, and the director of public	521
safety or the director's designated representative during all	522
business hours. A scrap metal dealer or bulk merchandise container	523
dealer shall providedo both of the following:	524

(a) Provide a copy of those records to any law enforcement	525
agency or railroad police officer that requests the records or to	526
the director or director's representative, upon request;	527

(b) Prepare a daily electronic report, the content and format	528
of which shall be established in rules adopted by the director,	529
listing all retail transactions that occurred during the preceding	530
day and containing the information described in division (C) of	531
this section or division (A) of section 4737.012 of the Revised	532
Code, as applicable. The dealer shall electronically transfer, by	533
twelve noon eastern standard time, the report for inclusion in the	534
registry created pursuant to division (E) of section 4737.045 of	535
the Revised Code.	536

A law enforcement agency may inspect any photographic records	537
collected and maintained by a scrap metal dealer of either yard	538
operations or individual transactions. Records submitted to any	539
law enforcement agency pursuant to this section are not public	540
records for purposes of section 149.43 of the Revised Code. A	541

(2) A person who claims to own a stolen article that may be	542
identified in those records, or an agent of that person, who	543
provides proof of having filed a stolen property report with the	544
appropriate law enforcement agency, may request those records. The	545
law enforcement agency shall provide those records upon a request	546
made by such a person or that person's agent, but the law	547
enforcement agency shall redact information that reveals the name	548
of the seller of any article and the price the dealer paid for any	549
article the dealer purchased or the estimated value of any article	550
the dealer received. The law enforcement agency shall determine	551
which records to provide, based upon the time period that the	552
alleged theft is reported to have taken place. A law enforcement	553
agency may charge or collect a fee for providing records as	554
required by this section.	555

(E)(F)(1) No scrap metal dealer shall purchase or receive any	556
metal articles, and no bulk merchandise container dealer shall	557
purchase or receive any bulk merchandise containers, from a person	558
who refuses to show the dealer the person's personal	559
identification card, or who refuses to allow the dealer to take a	560
photograph of the person as required under division (I) of this	561
section or of the person or container as required under division	562
(B) of section 4737.012 of the Revised Code.	563

(2) The law enforcement agency that serves the jurisdiction	564
in which a scrap metal dealer or a bulk merchandise container	565
dealer is located shall provide to the scrap metal dealer or bulk	566
merchandise container dealer a searchable, electronic list	567
prepared in accordance with rules adopted by the director, as that	568
agency determines appropriate, of the names and descriptions of	569
persons known to be or who are suspected to be thieves or	570
receivers of stolen property. The law enforcement agency may	571
request the appropriate clerk of courts to provide the list. No	572
scrap metal dealer or bulk merchandise container dealer shall	573
purchase or receive articles from any person identified on the	574
list the dealer receives from the law enforcement agency. The law	575
enforcement agency also shall provide the list to the department	576
of public safety, in an electronic format in accordance with rules	577
adopted by the director, for inclusion in the registry created in	578
section 4737.045 of the Revised Code.	579

(3) No scrap metal dealer or bulk merchandise container	580
dealer shall purchase or receive any special purchase articles or	581
bulk merchandise containers from any person who is under eighteen	582
years of age.	583

(4) No scrap metal dealer shall purchase or receive any	584
special purchase article without complying with division (B)(C) or	585
(I) of this section and division (B), (C), or (D) of section	586
4737.041 of the Revised Code.	587

(5) No scrap metal dealer shall purchase or receive more than	588
one catalytic converter per day from the same person except from a	589
motor vehicle dealer as defined in section 4517.01 of the Revised	590
Code.	591

(6) No scrap metal dealer shall purchase or receive a beer	592
keg that is marked with a company name or logo except from a	593
manufacturer of beer as described in section 4303.02 of the	594
Revised Code or an agent authorized by the manufacturer to dispose	595
of damaged kegs.	596

(7) No scrap metal dealer shall treat a transaction as exempt	597
from section 4737.04 or 4737.041 of the Revised Code unless the	598
seller provides evidence of satisfying division (D)(3) of section	599
4737.043 of the Revised Code.	600

(F)(G) Every scrap metal dealer and bulk merchandise	601
container dealer shall post a notice in a conspicuous place on the	602
dealer's premises notifying persons who may wish to transact	603
business with the dealer of the penalties applicable to any person	604
who does any of the following:	605

(1) Provides a false personal identification card to the	606
dealer;	607

(2) With purpose to defraud, provides any other false	608
information to the dealer in connection with the dealer's duty to	609
maintain the records required under division (B)(C) of this	610
section or under section 4737.012 of the Revised Code;	611

(3) Violates section 2913.02 of the Revised Code or division	612
(B)(2) of this section.	613

(G)(H)(1) Except as otherwise provided in the second	614
paragraph of division (E)(F)(2) of this section, a clerk of courts	615
or an employee of a clerk of courts; a chief of police, marshal,	616
or other chief law enforcement officer,; a sheriff, constable, or	617
chief of police of a township police department or police district	618
police force, and; a deputy, officer, or employee of the law	619
enforcement agency served by the marshal or the municipal or	620
township chief, the office of the sheriff, or the constable; and	621
an employee of the department of public safety is immune from	622
liability in a civil action, including an action for defamation,	623
libel, or slander, to recover damages for injury, death, or loss	624
to persons or property or reputation allegedly caused by an act or	625
omission in connection with compiling and providing the list	626
required by division (E)(F)(2) of this section.	627

(2) The immunity described in division (G)(H)(1) of this	628
section does not apply to a person described in that division if,	629
in relation to the act or omission in question, any of the	630
following applies:	631

(a) The act or omission was manifestly outside the scope of	632
the person's employment or official responsibilities.	633

(b) The act or omission was with malicious purpose, in bad	634
faith, or in a wanton or reckless manner.	635

(c) Liability for the act or omission is expressly imposed by	636
a section of the Revised Code.	637

(I) Every scrap metal dealer shall take a photograph, in	638
accordance with rules adopted by the director, of each person who	639
sells or otherwise gives the dealer an article for which the	640
dealer must make record under division (C) of this section.	641

The dealer shall take the required photograph at the time the	642
dealer purchases or receives the article and shall keep the	643
photograph as part of the record in accordance with division (C)	644
of this section.	645

Sec. 4737.041. A scrap metal dealer or bulk merchandise	646
container dealer shall do all of the following with respect to	647
each special purchase article the scrap metal dealer purchases or	648
receives or with respect to each bulk merchandise container a bulk	649
merchandise container dealer purchases or receives that is subject	650
to division (A) of section 4737.012 of the Revised Code:	651

(A) Comply with the requirements of this section in addition	652
to complying with the applicable requirements of section 4737.012	653
or 4737.04 of the Revised Code;	654

(B) Take a photograph of each special purchase article or	655
bulk merchandise container;	656

(C) Obtain from the seller or provider of the special	657
purchase article or bulk merchandise container proof that the	658
seller or provider owns the special purchase article or bulk	659
merchandise container;	660

(D) If payment is rendered for the special purchase articles	661
or bulk merchandise containers, issue a check for the purchase of	662
the special purchase articles or bulk merchandise containers;	663

(E) Withhold payment for the purchase of the special purchase	664
articles or bulk merchandise containers for a period of two days	665
after the day the special purchase articles or bulk merchandise	666
containers are purchased;	667

(F) If an asserted owner of stolen special purchase articles	668
or bulk merchandise containers or that owner's agent provides	669
proof of having filed a stolen property report with the	670
appropriate law enforcement agency, make records describing	671
special purchase articles or bulk merchandise containers the scrap	672
metal dealer purchased or received after the alleged date of theft	673
available for inspection to the asserted owner or owner's agent	674
for a period of six months after the alleged date of theft of the	675
articles, except that the scrap metal dealer shall withhold the	676
name of the person from whom the special purchase articles or bulk	677
merchandise containers were purchased or received and the amount	678
paid for the special purchase articles or bulk merchandise	679
containers.	680

Sec. 4737.045.  (A) To register as a scrap metal dealer or a	681
bulk merchandise container dealer with the director of public	682
safety as required by division (B) of section 4737.04 of the	683
Revised Code, a person shall do all of the following:	684

(1) Provide the name and street address of the dealer's place	685
of business;	686

(2) Provide the name of the primary owner of the business,	687
and of the manager of the business, if the manager is not the	688
primary owner;	689

(3) Provide the electronic mail address of the business;

690

(4) Provide confirmation that the dealer has the capabilities	691
to electronically connect with the department of public safety for	692
the purpose of sending and receiving information;	693

(5) Provide any other information required by the director in	694
rules the director adopts pursuant to sections 4737.01 to 4737.045	695
of the Revised Code;	696

(6) Pay an initial registration fee of two hundred dollars.

697

(B) A person engaging in the business of a scrap metal dealer	698
or a bulk merchandise container dealer in this state on or before	699
the effective date of this section shall register with the	700
director not later than January 1, 2013. With respect to a person	701
who commences engaging in the business of a scrap metal dealer or	702
a bulk merchandise container dealer after the effective date of	703
this section, the person shall register with the director pursuant	704
to this section prior to commencing business as a scrap metal	705
dealer or a bulk merchandise container dealer.	706

(C) A registration issued to a scrap metal dealer or a bulk	707
merchandise container dealer pursuant to this section is valid for	708
a period of one year. A dealer shall renew the registration in	709
accordance with the rules adopted by the director and pay a	710
renewal fee of one hundred fifty dollars to cover the costs of	711
operating and maintaining the registry created pursuant to	712
division (E) of this section.	713

(D) A scrap metal dealer or a bulk merchandise container	714
dealer registered under this section shall prominently display a	715
copy of the annual registration certificate received from the	716
director pursuant to division (E)(2) of this section.	717

(E) The director shall do all of the following:

718

(1) Develop and implement, by January 1, 2014, and maintain	719
as a registry a secure database for use by law enforcement	720
agencies that is capable of all of the following:	721

(a) Receiving and securely storing all of the information	722
required by division (A) of this section and the daily transaction	723
data that scrap metal dealers and bulk merchandise dealers are	724
required to send pursuant to division (E)(1) of section 4737.04 of	725
the Revised Code;	726

(b) Providing secure search capabilities to law enforcement	727
agencies for enforcement purposes;	728

(c) Creating a link and retransmission capability for receipt	729
of routine scrap theft alerts published by the institute of scrap	730
recycling industries for transmission to dealers and law	731
enforcement agencies in the state;	732

(d) Making the electronic lists prepared pursuant to division	733
(F)(2) of section 4737.04 of the Revised Code available through an	734
electronic searchable format for individual law enforcement	735
agencies and for dealers in the state;	736

(e) Providing, without charge, interlink programming enabling	737
the transfer of information to dealers.	738

(2) Issue, reissue, or deny registration to dealers;

739

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	740
the Revised Code, rules establishing procedures to renew a	741
registration issued under this section, rules for the format and	742
maintenance for the records required under division (A) of section	743
4737.012 of the Revised Code or division (C) of section 4737.04 of	744
the Revised Code, and rules regarding the delivery of the report	745
required by division (E)(1) of section 4737.04 of the Revised Code	746
to the registry, which shall be used exclusively by law	747
enforcement agencies.	748

(F) A scrap metal dealer or bulk merchandise container dealer	749
may search, modify, or update only the dealer's own business data	750
contained within the registry established in division (E) of this	751
section.	752

(G) All fees received by the director pursuant to this	753
section and division (F) of section 4737.99 of the Revised Code	754
shall be used to develop and maintain the registry required under	755
this section. The fees shall be deposited into the security,	756
investigations, and policing fund created in section 4501.11 of	757
the Revised Code.	758

Sec. 4737.99.  (A) Except as specified in divisions (B) and,	759
(C), (D), (E), and (F) of this section, whoever violates sections	760
4737.01 to 4737.11 of the Revised Code, shall be fined not less	761
than twenty-five nor more than one thousand dollars and the costs	762
of prosecution.	763

(B) Whoever violates division (F)(2) of section 4737.10 of	764
the Revised Code is guilty of a misdemeanor of the fourth degree.	765

(C) Whoever fails to comply with or violates section 4737.01,	766
4737.012, or 4737.041 or, division (B), (C), (D), (E), or (F),	767
(G), or (I) of section 4737.04, or division (D) of section	768
4737.045 of the Revised Code is guilty of a misdemeanor of the	769
thirdfirst degree. If the offender one time previously has	770
violated or failed to comply with section 4737.01, 4737.012, or	771
4737.041 or, division (B), (C), (D), (E), or (F), (G), or (I) of	772
section 4737.04, or division (D) of section 4737.045 of the	773
Revised Code, the violation or failure is a misdemeanorfelony of	774
the secondfifth degree. If the offender two or more times	775
previously has violated or failed to comply with section 4737.01,	776
4737.012, or 4737.041 or, division (B), (C), (D), (E), or (F),	777
(G), or (I) of section 4737.04, or division (D) of section	778
4737.045 of the Revised Code, the violation or failure is a	779
misdemeanorfelony of the firstfourth degree. For any second or	780
subsequent violation of or failure to comply with section 4737.01,	781
4737.012, or 4737.041, or division (C), (D), (E), (F), (G), or (I)	782
of section 4737.04, or division (D) of section 4737.045 of the	783
Revised Code, a court may suspend the registration issued to the	784
scrap metal dealer or bulk merchandise container dealer under	785
section 4737.045 of the Revised Code for a period of ninety days,	786
during which time period the person shall not engage in the	787
business of a scrap metal dealer or a bulk merchandise container	788
dealer, as applicable.	789

(D) Whoever violates division (B)(1) of section 4737.04 of	790
the Revised Code is guilty of a felony of the fifth degree. The	791
court also shall enjoin the person from engaging in the business	792
of a scrap metal dealer or a bulk merchandise dealer.	793

(E) Notwithstanding section 2913.02 of the Revised Code,	794
whoever violates division (B)(2) or (3) of section 4737.04 of the	795
Revised Code is guilty of a felony of the fifth degree for the	796
first offense and a felony of the third degree for any subsequent	797
offense.	798

(F) Any motor vehicle used in the theft or illegal	799
transportation of metal shall be impounded for at least thirty	800
days and not more than sixty days. If the same motor vehicle is	801
used in connection with a second or subsequent theft or illegal	802
transportation of metal, the motor vehicle shall be impounded for	803
at least sixty days and not more than one hundred eighty days. Any	804
motor vehicle used in the theft or illegal transportation of a	805
special purchase article or bulk merchandise container shall be	806
impounded for at least ninety days and not more than three hundred	807
sixty days. A motor vehicle impounded pursuant to this division	808
shall be stored at a municipal corporation impound lot, if	809
available, or at a lot owned by a private entity or another	810
governmental unit that the municipal corporation utilizes for the	811
purpose of impounding a motor vehicle. An impounded motor vehicle	812
may be recovered from the impound lot at the end of the impound	813
term upon payment of fees, fifty per cent of which shall be	814
remitted to the department of public safety to offset the costs of	815
operating the registry established pursuant to section 4737.045 of	816
the Revised Code.	817

Section 2. That existing sections 2913.01, 4737.04, 4737.041,	818
and 4737.99 of the Revised Code are hereby repealed.	819

Section 3.  Division (B)(1) of section 4737.04 of the Revised	820
Code, as amended by this act, shall take effect on January 1,	821
2013.	822

Section 4.  In order to cover the costs of the creation and	823
initial implementation of the database described in division (E)	824
of section 4737.045 of the Revised Code, as enacted by this act,	825
the Director of Public Safety may accept funds from public donors	826
for that purpose. The Director shall deposit any funds received	827
pursuant to this section into the Security, Investigations, and	828
Policing Fund created in section 4501.11 of the Revised Code.	829

Section 5. During the first year of the 134th General	830
Assembly, the President of the Senate or Speaker of the House of	831
Representatives shall initiate creation of a joint select	832
committee of the Senate and House of Representatives for the	833
purpose of considering the effectiveness of this act in deterring	834
crime and the costs of complying with this act to industries	835
affected by this act. The President of the Senate and Speaker of	836
the House of Representatives shall create the joint select	837
committee in accordance with the Joint Rules of the Senate and	838
House of Representatives for the 134th General Assembly for	839
creation of a joint select committee.	840

The joint select committee shall hold public hearings at	841
which time representatives of the Ohio Municipal League, the Ohio	842
Prosecuting Attorneys Association, and the Ohio Sheriff's	843
Association; representatives of the scrap metal recycling	844
industry; and other interested parties may present testimony on	845
the affect of this act on metals theft rates, theft deterrence,	846
criminal enforcement and prosecution, and economic and	847
administrative burdens on industry. The joint select committee	848
shall provide advance notice of its hearings to, and shall solicit	849
comments in advance of those hearings from, the Ohio Municipal	850
League, Ohio Prosecuting Attorneys Association, Ohio Sheriff's	851
Association, representatives of the scrap metal recycling	852
industry, and other interested parties that the joint select	853
committee determines should receive notice.	854

The joint select committee shall issue a report summarizing	855
the effectiveness and impacts of this act and submit the report to	856
the President of the Senate and Speaker of the House of	857
Representatives. The Legislative Service Commission shall assist	858
the joint select committee in preparing and finalizing the report	859
required by this section.	860

Section 6.  There is hereby created the Scrap Metal and Bulk	861
Merchandise Container Registry Advisory Council. The Director of	862
Public Safety shall appoint the members of the Council, who shall	863
represent the scrap metal recycling industry, businesses that	864
provide software to the scrap metal recycling industry, law	865
enforcement, and other interests as the Director determines	866
necessary. The Council shall provide guidance and assistance to	867
the Director in the development and implementation of the registry	868
required under section 4737.045 of the Revised Code, as enacted by	869
this act. The Department of Public Safety shall provide assistance	870
to the Council as the Director determines necessary. Members shall	871
serve without compensation or reimbursement. The Council shall be	872
abolished January 1, 2014.	873