To enact section 1349.06 of the Revised Code to require each person that offers new and unused personal property for sale to the general public at a flea market or other location to maintain a record of the person's purchases of the property.

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

Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" HAS THE SAME MEANING AS IN DIVISION (B)(4) OF SECTION 3715.52 OF THE REVISED CODE.

(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY.

(2) FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING:

(a) THE DATE OF THE TRANSACTION;

(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED;

(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE PROPERTY;

(d) THE PRICE PAID FOR THE PROPERTY;

(e) THE SIGNATURE OF THE SELLER AND OF THE BUYER OF THE PROPERTY.

(3) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY IN THE AMOUNT OF FIVE HUNDRED DOLLARS OR MORE FROM AN INDIVIDUAL OR ENTITY, A BILL OF SALE ASSOCIATED WITH THE PURCHASE THAT CONTAINS THE INFORMATION LISTED IN DIVISION (B)(2) OF THIS SECTION IS SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT DIVISION.

(4) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE MAINTAINED FOR AT LEAST TWO YEARS.

(C) A PERSON SHALL NOT DO EITHER OF THE FOLLOWING:

(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD REQUIRED TO BE MAINTAINED BY THIS SECTION;

(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD AVAILABLE FOR INSPECTION WITHIN A PERIOD OF TIME THAT IS REASONABLE UNDER THE CIRCUMSTANCES SURROUNDING THE REQUEST. NOTHING IN DIVISION (C)(2) OF THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A LAW ENFORCEMENT OFFICER BE GIVEN IMMEDIATE ACCESS TO THE RECORD WITHOUT REASONABLE NOTICE.

(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A FAILURE TO COMPLY WITH DIVISION (C) OF THIS SECTION, THE PERSON SHALL DO BOTH OF THE FOLLOWING:

(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR DESTRUCTION, NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THE PERSON'S PRINCIPAL OHIO RESIDENCE OR PRINCIPAL PLACE OF BUSINESS IN THIS STATE IS LOCATED;

(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD.

(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH DIVISION (D)(1) OF THIS SECTION SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH DIVISION (B) OF THIS SECTION AS TO ANY RECORD THAT WAS LOST, STOLEN, OR DESTROYED.

(E)(1) NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.

(2) WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS GUILTY OF A MINOR MISDEMEANOR.

(F) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:

(1) THE SALE OF A MOTOR VEHICLE, TRAILER, OR SEMITRAILER THAT IS REQUIRED TO BE REGISTERED UNDER CHAPTER 4503. OF THE REVISED CODE OR FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED UNDER CHAPTER 4505. OF THE REVISED CODE;

(2) THE SALE OF FOOD PRODUCTS, AGRICULTURAL PRODUCTS, OR FORESTRY PRODUCTS;

(3) ANY BUSINESS CONDUCTED AT AN INDUSTRY OR ASSOCIATION TRADE SHOW;

(4) THE SALE OF HANDMADE OR HANDCRAFTED ITEMS BY THE INDIVIDUAL WHO PRODUCED THE ITEMS.