As Passed by the Senate

Corrected Version

129th General Assembly Regular Session 2011-2012

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 

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A BILL

To amend sections 4737.04 and 4737.99 and to enact

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section 4737.012 of the Revised Code to require

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scrap metal dealers to take and keep as part of

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the sales record a photograph of each person

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selling or giving an article to the dealer and to

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shorten the hold period for records.

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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 be amended and	7
section 4737.012 of the Revised Code be enacted to read as	8
follows:	9

Sec. 4737.012.  (A) A dealer who is in the business of	10
purchasing, reselling, exchanging, recycling, shredding, or	11
receiving bulk merchandise containers shall not purchase or	12
receive more than four plastic bulk merchandise containers that	13
are marked with a company name or logo or more than nine wooden	14
bulk merchandise containers from any other person at one time,	15
unless the dealer maintains a record book or electronic file, in	16
which the dealer keeps an accurate and complete record of all	17
containers purchased or received by the dealer. Every entry in the	18
record book or electronic file shall be numbered consecutively.	19
Every dealer shall maintain the record for each container	20
purchased or received for a minimum period of one year after the	21
date the dealer purchased or received the container. The records	22
shall contain all of the following:	23

(1) The name and residence of the person from whom the	24
containers were purchased or received, a copy of that person's	25
personal identification card, and a photograph of the person taken	26
pursuant to division (B)(2) of this section;	27

(2) A photograph of the containers, taken pursuant to	28
division (B)(1) of this section, and a description of the	29
containers, including the number purchased or received;	30

(3) The date and time the dealer purchased or received the	31
containers;	32

(4) If the seller or provider of the containers arrives at	33
the dealer's place of business in a motor vehicle, the license	34
plate number of that motor vehicle along with the state that	35
issued the license plate.	36

(B) Every dealer who is in the business of reselling bulk	37
merchandise containers shall take a photograph, by any	38
photographic means available, of both of the following:	39

(1) Each container for which the dealer must make a record	40
under division (A) of this section;	41

(2) Each person who sells or otherwise gives the dealer the	42
containers.	43

The dealer shall take the required photographs at the time	44
the dealer purchases or receives the containers and shall keep the	45
photographs as part of the record in accordance with division (A)	46
of this section.	47

(C) A dealer who is in the business of purchasing, reselling,	48
exchanging, recycling, shredding, or receiving bulk merchandise	49
containers shall fulfill the requirements placed on scrap metal	50
dealers in section 4737.041 of the Revised Code.	51

(D) As used in this section, "bulk merchandise container"	52
means a plastic or wooden carrier or holder used by a manufacturer	53
or distributor to transport merchandise to wholesale and retail	54
outlets.	55

Sec. 4737.04. (A) As used in this section and sections	56
4737.041, 4737.042, and 4737.043 of the Revised Code:	57

(1) "Scrap metal dealer" means the owner or operator of a	58
business that purchases or receives scrap metal.	59

(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	62
used in providing cable service or any utility service, including,	63
but not limited to, copper or aluminum coverings, housings, or	64
enclosures related thereto;	65

(c) Grave markers, sculptures, plaques, and vases made out of	66
metal, the appearance of which suggest that the articles have been	67
obtained from a cemetery;	68

(d) Guard rails for bridges, highways, and roads; highway and	69
street signs; street light poles and fixtures; manholeworker	70
access hole covers, water meter covers, and other similar types of	71
utility access covers; traffic directional and control signs and	72
light signals, metal marked with the name of a political	73
subdivision of the state, and other metal articles that are	74
purchased and installed for use upon authorization of the state or	75
any political subdivision of the state;	76

(e) Historical, commemorative, and memorial markers and	77
plaques made out of metal;	78

(f) Four-wheel metal carts, commonly referred to as "grocery	79
carts," that are generally used by individuals to collect and	80
transport consumer goods while shopping;	81

(g) Four-wheel metal carts, commonly referred to as "metal	82
bossies," that are used to transport or merchandise food products	83
that are stored in crates, shells, or trays.	84

(3) "Common recycled matter" means bottles and other	85
containers made out of steel, tin, or aluminum and other consumer	86
goods that are metal that are recycled by individual consumers and	87
not in the bulk or quantity that could be supplied or recycled by	88
large business establishments. "Common recycled matter" does not	89
include a metal tray used by a product producer, distributor,	90
retailer, or agent of a product producer, distributor, or retailer	91
as a means for the bulk transportation, storage, or carrying of	92
retail containers of milk, baked goods, eggs, or bottled beverage	93
products.	94

(4) "Consumer goods" has the same meaning as in section	95
1309.102 of the Revised Code.	96

(5) "Recyclable materials" means the metal materials	97
described in division (B)(5) of this section, on the condition	98
that those metal materials are not special purchase articles.	99

(6) "Motor vehicle" has the same meaning as in section	100
4501.01 of the Revised Code.	101

(B) Every scrap metal dealer shall maintain a record book or	102
electronic file, in which the dealer shall keep an accurate and	103
complete record of all articles purchased or received by the	104
dealer in the course of the dealer's daily business. On and after	105
the effective date of this amendmentSeptember 11, 2008, every	106
entry in the record book or electronic file shall be numbered	107
consecutively. Every dealer shall maintain the record for each	108
article purchased or received for a minimum period of one year	109
sixty days after the date the dealer purchased or received the	110
article. Said records shall contain all of the following:	111

(1) Name and residence of the person from whom said articles	112
were purchased or received and, a copy of that person's personal	113
identification card, and a photograph of the person taken pursuant	114
to division (H) of this section;	115

(2) The date and time the scrap metal dealer purchased or	116
received the articles;	117

(3) If the seller or provider of the articles arrives at the	118
dealer's place of business in a motor vehicle, the license plate	119
number of that motor vehicle along with the state that issued the	120
license plate;	121

(4) For metal articles that are not recyclable materials, a	122
full and accurate description of each article purchased or	123
received by the dealer that includes identifying letters or marks	124
written, inscribed, or otherwise included on the article and the	125
name and maker of the article if known;	126

(5) For recyclable materials that are not special purchase	127
articles, a scrap metal dealer shall use the following category	128
codes to identify the recyclable materials that the dealer	129
receives:	130

(a) "Number one copper," which includes clean copper pipe,	131
clean copper wire, or other number one copper that does not have	132
solder, paint, or coating;	133

(b) "Number two copper," which includes unclean copper pipe,	134
unclean copper wire, or other number two copper;	135

(c) "Sheet copper," which includes copper roofing, copper	136
gutters, copper downspouts, and other sheet copper;	137

(d) "Insulated copper wire";

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(e) "Aluminum or copper radiators," which includes aluminum	139
radiators, aluminum copper radiators, and copper radiators;	140

(f) "Red brass," which includes red brass values and other	141
red brass;	142

(g) "Yellow brass," which includes yellow brass fixtures,	143
yellow brass valve and fitting, ornamental brass, and other yellow	144
brass;	145

(h) "Aluminum sheet";

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(i) "Aluminum extrusions," which includes aluminum bleachers,	147
aluminum benches, aluminum frames, aluminum pipe, and other	148
aluminum extrusions;	149

(j) "Cast aluminum," which includes aluminum grills,	150
lawnmower decks made of aluminum, aluminum motor vehicle parts and	151
rims, and other cast aluminum;	152

(k) "Clean aluminum wire";

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(l) "Unclean aluminum wire";

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(m) "Aluminum exteriors," which includes aluminum siding,	155
aluminum gutters and downspouts, aluminum shutters, aluminum trim,	156
and other aluminum exterior items;	157

(n) "Contaminated aluminum";

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(o) "Stainless steel," which includes, sinks, appliance	159
housing, dishes, pots, pans, pipe, and other items made out of	160
stainless steel;	161

(p) "Large appliances," which includes consumer and other	162
appliances;	163

(q) "Miscellaneous steel," which includes steel grates, steel	164
farm machinery, steel industrial machinery, steel motor vehicle	165
frames, and other items made out of steel;	166

(r) "Sheet irons," which includes bicycles, motor vehicle	167
body parts made of iron, and other items made using sheet iron;	168

(s) "Motor vehicle nonbody parts," which includes motor	169
vehicle batteries, radiators, and other nonbody motor vehicle	170
parts;	171

(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	175
than purchases and sales under sections 4973.13 to 4973.16 of the	176
Revised Code, shall be held by the dealer for a period of thirty	177
days after being purchased or acquired.	178

(D) The records required under division (B) of this section	179
or under section 4737.012 of the Revised Code shall be open for	180
inspection by the representative of any law enforcement agency and	181
the director of public safety or the director's designated	182
representative during all business hours. A scrap metal dealer or	183
bulk merchandise container dealer shall provide a copy of those	184
records to any law enforcement agency that requests the records or	185
to the director or director's representative, upon request.	186
Records submitted to any law enforcement agency pursuant to this	187
section are not public records for purposes of section 149.43 of	188
the Revised Code. A person who claims to own a stolen article that	189
may be identified in those records, or an agent of that person,	190
who provides proof of having filed a stolen property report with	191
the appropriate law enforcement agency, may request those records.	192
The law enforcement agency shall provide those records upon a	193
request made by such a person or that person's agent, but the law	194
enforcement agency shall redact information that reveals the name	195
of the seller of any article and the price the dealer paid for any	196
article the dealer purchased or the estimated value of any article	197
the dealer received. The law enforcement agency shall determine	198
which records to provide, based upon the time period that the	199
alleged theft is reported to have taken place. A law enforcement	200
agency may charge or collect a fee for providing records as	201
required by this section.	202

(E)(1) No scrap metal dealer shall purchase or receive any	203
metal articles, and no bulk merchandise container dealer shall	204
purchase or receive any bulk merchandise containers, from a person	205
who refuses to show the dealer the person's personal	206
identification card, or who refuses to allow the dealer to take a	207
photograph of the person as required under division (H) of this	208
section or under division (A)(2) of section 4737.012 of the	209
Revised Code.	210

(2) The law enforcement agency that serves the jurisdiction	211
in which a scrap metal dealer is located shall provide a list, as	212
that agency determines appropriate, of the names and descriptions	213
of persons known to be or who are suspected to be thieves or	214
receivers of stolen property. No scrap metal dealer shall purchase	215
or receive articles from any person identified on the list the	216
dealer receives from the law enforcement agency.	217

(3) No scrap metal dealer shall purchase or receive any	218
special purchase articles from any person who is under eighteen	219
years of age.	220

(4) No scrap metal dealer shall purchase or receive any	221
special purchase article without complying with division (B) of	222
this section and division (B), (C), or (D) of section 4737.041 of	223
the Revised Code.	224

(5) No scrap metal dealer shall purchase or receive more than	225
one catalytic converter per day from the same person except from a	226
motor vehicle dealer as defined in section 4517.01 of the Revised	227
Code.	228

(6) No scrap metal dealer shall treat a transaction as exempt	229
from section 4737.04 or 4737.041 of the Revised Code unless the	230
seller provides evidence of satisfying division (D)(3) of section	231
4737.043 of the Revised Code.	232

(F) Every scrap metal dealer and bulk merchandise container	233
dealer shall post a notice in a conspicuous place on the dealer's	234
premises notifying persons who may wish to transact business with	235
the dealer of the penalties applicable to any person who does any	236
of the following:	237

(1) Provides a false personal identification card to the	238
dealer;	239

(2) With purpose to defraud, provides any other false	240
information to the dealer in connection with the dealer's duty to	241
maintain the records required under division (B) of this section	242
or under section 4737.012 of the Revised Code;	243

(3) Violates section 2913.02 of the Revised Code.

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(G)(1) Except as otherwise provided in the second paragraph	245
of division (E) of this section, a chief of police, marshal, or	246
other chief law enforcement officer, a sheriff, constable, or	247
chief of police of a township police department or police district	248
police force, and a deputy, officer, or employee of the law	249
enforcement agency served by the marshal or the municipal or	250
township chief, the office of the sheriff, or the constable is	251
immune from liability in a civil action, including an action for	252
defamation, libel, or slander, to recover damages for injury,	253
death, or loss to persons or property or reputation allegedly	254
caused by an act or omission in connection with compiling and	255
providing the list required by division (E) of this section.	256

(2) The immunity described in division (G)(1) of this section	257
does not apply to a person described in that division if, in	258
relation to the act or omission in question, any of the following	259
applies:	260

(a) The act or omission was manifestly outside the scope of	261
the person's employment or official responsibilities.	262

(b) The act or omission was with malicious purpose, in bad	263
faith, or in a wanton or reckless manner.	264

(c) Liability for the act or omission is expressly imposed by	265
a section of the Revised Code.	266

(H) Every scrap metal dealer shall take a photograph, by any	267
photographic means available, of each person who sells or	268
otherwise gives the dealer an article for which the dealer must	269
make record under division (B) of this section.	270

The dealer shall take the required photograph at the time the	271
dealer purchases or receives the article and shall keep the	272
photograph as part of the record in accordance with division (B)	273
of this section.	274

Sec. 4737.99.  (A) Except as specified in divisions (B) and	275
(C) of this section, whoever violates sections 4737.01 to 4737.11	276
of the Revised Code, shall be fined not less than twenty-five nor	277
more than one thousand dollars and the costs of prosecution.	278

(B) Whoever violates division (F)(2) of section 4737.10 of	279
the Revised Code is guilty of a misdemeanor of the fourth degree.	280

(C) Whoever fails to comply with or violates section 4737.01,	281
4737.012, or 4737.041 or division (B), (C), (E), or (F), or (H) of	282
section 4737.04 of the Revised Code is guilty of a misdemeanor of	283
the third degree. If the offender one time previously has violated	284
or failed to comply with section 4737.01, 4737.012, or 4737.041 or	285
division (B), (C), (D), (E), or (F), or (H) of section 4737.04 of	286
the Revised Code, the violation or failure is a misdemeanor of the	287
second degree. If the offender two or more times previously has	288
violated or failed to comply with section 4737.01, 4737.012, or	289
4737.041 or division (B), (C), (D), (E), or (F), or (H) of section	290
4737.04 of the Revised Code, the violation or failure is a	291
misdemeanor of the first degree.	292

Section 2. That existing sections 4737.04 and 4737.99 of the	293
Revised Code are hereby repealed.	294