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S. B. No. 311 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsor:
Senator Miller, R.
A BILL
To amend sections 4727.09, 4728.07, 4737.01, 4737.04,
and 4737.99 and to enact section 4727.22 of the
Revised Code to require pawn brokers, precious
metal dealers, secondhand dealers, and scrap metal
dealers to make electronic files of each purchase
available on an internet law enforcement database
reporting system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4727.09, 4728.07, 4737.01, 4737.04,
and 4737.99 be amended and section 4727.22 of the Revised Code be
enacted to read as follows:
Sec. 4727.09. (A) A Except as provided in division (B) of
this section, a person licensed as a pawnbroker shall make the
information required under division (B) of section 4727.08 of the
Revised Code available to law enforcement officers via a secure
internet law enforcement database reporting system approved by the
director of commerce under section 4727.22 of the Revised Code.
(B) If the licensee cannot obtain the means to record the
files electronically and access to the internet without undue
hardship, the licensee shall, every day, furnish the following
information required under division (B) of section 4727.08 of the
Revised Code to the chief of police of the municipal corporation
or township in which the licensee's place of business is located
or, if the place of business is not located within a municipal
corporation or a township that has a chief of police, to the
sheriff of the county in which the place of business is located:
(1) A description of all property pledged with or purchased
by the licensee;
(2) The number of the pawn or purchase form the licensee used
to document the pledge or purchase.
(B) A The licensee shall provide the property description and
form number required by division (A) of this section information
on the form furnished by the law enforcement officer requesting
the information. The completed form may be communicated by
electronic transfer or be in a magnetic media format.
(C) For the purposes of this section, a licensee need provide
only the information required by division (A) of this section
Records submitted to a law enforcement officer pursuant to this
section are not public records for purposes of section 149.43 of
the Revised Code and, except as otherwise provided in this
division, are confidential. A person who claims to own a stolen
article that may be identified in those records, or an agent of
that person, who provides proof of having filed a stolen property
report with the appropriate law enforcement agency, may request
those records. The law enforcement agency shall provide those
records upon a request made by such a person or that person's
agent, but the law enforcement agency shall redact any personal
identifying information including information that reveals the
name of the seller of any article or the seller's address. The
agency also shall redact the price the licensee paid for any
article the licensee purchased or the estimated value of any
article the licensee received. The law enforcement agency shall
determine which records to provide, based upon the time period
that the alleged theft is reported to have taken place. A law
enforcement agency may charge or collect a fee for providing
records as required by this division.
Sec. 4727.22. The director of commerce shall approve a secure
law enforcement database reporting system for use by pawn brokers,
precious metals dealers, secondhand dealers, and scrap metal
dealers to make records available to law enforcement officers as
required under sections 4727.09, 4728.07, 4737.01, and 4737.04 of
the Revised Code.
The information in the database shall be available only to
law enforcement officers.
Sec. 4728.07. Each (A) Except as provided in division (B) of
this section, each person licensed under Chapter 4728. of the
Revised Code,
shall make the information required under section
4728.06 of the Revised Code available to law enforcement officers
via a secure internet law enforcement database reporting system
approved by the director of commerce under section 4727.22 of the
Revised Code.
(B) If the licensee cannot obtain the means to record the
files electronically and access to the internet without undue
hardship, the licensee shall, every business day, make available
to the chief or the head of the local police department, on forms
furnished by the police department, a description of the
information required under section 4728.06 of the Revised Code
regarding all articles received by the licensee on the business
day immediately preceding, together with the number of the receipt
issued.
(C) Records submitted to a law enforcement officer pursuant
to this section are not public records for purposes of section
149.43 of the Revised Code and, except as otherwise provided in
this division, are confidential. A person who claims to own a
stolen article that may be identified in those records, or an
agent of that person, who provides proof of having filed a stolen
property report with the appropriate law enforcement agency, may
request those records. The law enforcement agency shall provide
those records upon a request made by such a person or that
person's agent, but the law enforcement agency shall redact any
personal identifying information including information that
reveals the name of the seller of any article or the seller's
address. The agency also shall redact the price the licensee paid
for any article the licensee purchased or the estimated value of
any article the licensee received. The law enforcement agency
shall determine which records to provide, based upon the time
period that the alleged theft is reported to have taken place. A
law enforcement agency may charge or collect a fee for providing
records as required by this division.
Sec. 4737.01. (A) "Personal identification card" means a
current and valid driver's license, military identification card,
state identification card issued under sections 4507.50 to 4507.52
of the Revised Code, or a state identification card issued by
another state on the condition that that card contains information
substantially similar to the information contained on a state
identification card issued under sections 4507.50 to 4507.52 of
the Revised Code and also contains a photograph of the person to
whom the card is issued.
(B) A person other than a scrap metal dealer, as defined in
section 4737.04 of the Revised Code, purchasing, selling,
exchanging, or receiving secondhand articles of any kind other
than special purchase articles as defined in section 4737.04 of
the Revised Code, scrap iron, and scrap metal, shall post in a
conspicuous place in or upon the person's shop, store, wagon,
boat, or other place of business, a sign having the person's name
and occupation legibly inscribed thereon, and shall keep a
separate record book or an electronic file in which shall be
written recorded, in the English language, at the time of the
purchase or exchange of such articles, a description thereof, the
name, description, and residence of the person from whom purchased
and received, and the day and time when such purchase or exchange
was made, and shall make and keep a an electronic copy of the
person's personal identification card. Every entry shall be
numbered consecutively, commencing with number one.
The purchaser shall retain the
record book or electronic
file and electronic copies of personal identification cards for at
least one year after the purchase or exchange date and shall make
the
record or file files and copies available for inspection by
any law enforcement officer at all reasonable times. The purchaser
also shall make the files and copies available to law enforcement
officers via a secure internet law enforcement database reporting
system approved by the director of commerce under section 4727.22
of the Revised Code.
If the purchaser cannot obtain the means to record files
electronically and access to the internet without undue hardship,
the purchaser may collect the files required under this section in
written format. The purchaser shall retain those written files and
shall make copies available for inspection by any law enforcement
officer as required under this section.
Records submitted to a law enforcement officer pursuant to
this section are not public records for purposes of section 149.43
of the Revised Code and, except as otherwise provided in this
division, are confidential. A person who claims to own a stolen
article that may be identified in those records, or an agent of
that person, who provides proof of having filed a stolen property
report with the appropriate law enforcement agency, may request
those records. The law enforcement agency shall provide those
records upon a request made by such a person or that person's
agent, but the law enforcement agency shall redact any personal
identifying information including information that reveals the
name of the seller of any article or the seller's address. The
agency also shall redact the price the purchaser paid for any
article the purchaser purchased or the estimated value of any
article the purchaser received. The law enforcement agency shall
determine which records to provide, based upon the time period
that the alleged theft is reported to have taken place. A law
enforcement agency may charge or collect a fee for providing
records as required by this division.
Sec. 4737.04. (A) As used in this section and sections
4737.041, 4737.042, and 4737.043 of the Revised Code:
(1) "Scrap metal dealer" means the owner or operator of a
business that purchases or receives scrap metal.
(2) "Special purchase article" means all of the following:
(b) Cable, wire, electrical components, and other equipment
used in providing cable service or any utility service, including,
but not limited to, copper or aluminum coverings, housings, or
enclosures related thereto;
(c) Grave markers, sculptures, plaques, and vases made out of
metal, the appearance of which suggest that the articles have been
obtained from a cemetery;
(d) Guard rails for bridges, highways, and roads; highway and
street signs; street light poles and fixtures; manhole covers,
water meter covers, and other similar types of utility access
covers; traffic directional and control signs and light signals,
metal marked with the name of a political subdivision of the
state, and other metal articles that are purchased and installed
for use upon authorization of the state or any political
subdivision of the state;
(e) Historical, commemorative, and memorial markers and
plaques made out of metal;
(f) Four-wheel metal carts, commonly referred to as "grocery
carts," that are generally used by individuals to collect and
transport consumer goods while shopping;
(g) Four-wheel metal carts, commonly referred to as "metal
bossies," that are used to transport or merchandise food products
that are stored in crates, shells, or trays.
(3) "Common recycled matter" means bottles and other
containers made out of steel, tin, or aluminum and other consumer
goods that are metal that are recycled by individual consumers and
not in the bulk or quantity that could be supplied or recycled by
large business establishments. "Common recycled matter" does not
include a metal tray used by a product producer, distributor,
retailer, or agent of a product producer, distributor, or retailer
as a means for the bulk transportation, storage, or carrying of
retail containers of milk, baked goods, eggs, or bottled beverage
products.
(4) "Consumer goods" has the same meaning as in section
1309.102 of the Revised Code.
(5) "Recyclable materials" means the metal materials
described in division (B)(5) of this section, on the condition
that those metal materials are not special purchase articles.
(6) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(B) Every scrap metal dealer shall maintain a record book or
electronic file, in which the dealer shall keep an accurate and
complete record of all articles purchased or received by the
dealer in the course of the dealer's daily business. On and after
the effective date of this amendment September 11, 2008, every
entry in the record book or electronic file shall be numbered
consecutively. Every dealer shall maintain the record for each
article purchased or received for a minimum period of one year
after the date the dealer purchased or received the article. Said
records shall contain all of the following:
(1) Name and residence of the person from whom said articles
were purchased or received and a copy of that person's personal
identification card;
(2) The date and time the scrap metal dealer purchased or
received the articles;
(3) If the seller or provider of the articles arrives at the
dealer's place of business in a motor vehicle, the license plate
number of that motor vehicle along with the state that issued the
license plate;
(4) For metal articles that are not recyclable materials, a
full and accurate description of each article purchased or
received by the dealer that includes identifying letters or marks
written, inscribed, or otherwise included on the article and the
name and maker of the article if known;
(5) For recyclable materials that are not special purchase
articles, a scrap metal dealer shall use the following category
codes to identify the recyclable materials that the dealer
receives:
(a) "Number one copper," which includes clean copper pipe,
clean copper wire, or other number one copper that does not have
solder, paint, or coating;
(b) "Number two copper," which includes unclean copper pipe,
unclean copper wire, or other number two copper;
(c) "Sheet copper," which includes copper roofing, copper
gutters, copper downspouts, and other sheet copper;
(d) "Insulated copper wire";
(e) "Aluminum or copper radiators," which includes aluminum
radiators, aluminum copper radiators, and copper radiators;
(f) "Red brass," which includes red brass values and other
red brass;
(g) "Yellow brass," which includes yellow brass fixtures,
yellow brass valve and fitting, ornamental brass, and other yellow
brass;
(i) "Aluminum extrusions," which includes aluminum bleachers,
aluminum benches, aluminum frames, aluminum pipe, and other
aluminum extrusions;
(j) "Cast aluminum," which includes aluminum grills,
lawnmower decks made of aluminum, aluminum motor vehicle parts and
rims, and other cast aluminum;
(k) "Clean aluminum wire";
(l) "Unclean aluminum wire";
(m) "Aluminum exteriors," which includes aluminum siding,
aluminum gutters and downspouts, aluminum shutters, aluminum trim,
and other aluminum exterior items;
(n) "Contaminated aluminum";
(o) "Stainless steel," which includes, sinks, appliance
housing, dishes, pots, pans, pipe, and other items made out of
stainless steel;
(p) "Large appliances," which includes consumer and other
appliances;
(q) "Miscellaneous steel," which includes steel grates, steel
farm machinery, steel industrial machinery, steel motor vehicle
frames, and other items made out of steel;
(r) "Sheet irons," which includes bicycles, motor vehicle
body parts made of iron, and other items made using sheet iron;
(s) "Motor vehicle nonbody parts," which includes motor
vehicle batteries, radiators, and other nonbody motor vehicle
parts;
(t) "Catalytic converters";
(C) All journal brasses, and other railroad metals, other
than purchases and sales under sections 4973.13 to 4973.16 of the
Revised Code, shall be held by the dealer for a period of thirty
days after being purchased or acquired.
(D) The records required under division (B) of this section
shall be open for inspection by the representative of any law
enforcement agency and the director of public safety or the
director's designated representative during all business hours. A
scrap metal dealer shall provide a copy of those records to any
law enforcement agency that requests the records or to the
director or director's representative, upon request. Records
The
scrap metal dealer also shall make the records available to law
enforcement officers via a secure internet law enforcement
database reporting system approved by the director of commerce
under section 4727.22 of the Revised Code unless the purchaser
cannot obtain the means to record files electronically and access
to the internet without undue hardship.
(E) Records submitted to any law enforcement agency pursuant
to this section are not public records for purposes of section
149.43 of the Revised Code. A person who claims to own a stolen
article that may be identified in those records, or an agent of
that person, who provides proof of having filed a stolen property
report with the appropriate law enforcement agency, may request
those records. The law enforcement agency shall provide those
records upon a request made by such a person or that person's
agent, but the law enforcement agency shall redact any personal
identifying information including information that reveals the
name of the seller of any article and or the seller's address. The
agency also shall redact the price the dealer paid for any article
the dealer purchased or the estimated value of any article the
dealer received. The law enforcement agency shall determine which
records to provide, based upon the time period that the alleged
theft is reported to have taken place. A law enforcement agency
may charge or collect a fee for providing records as required by
this section.
(E)(F)(1) No scrap metal dealer shall purchase or receive any
metal articles from a person who refuses to show the dealer the
person's personal identification card.
(2) The law enforcement agency that serves the jurisdiction
in which a scrap metal dealer is located shall provide a list, as
that agency determines appropriate, of the names and descriptions
of persons known to be or who are suspected to be thieves or
receivers of stolen property. No scrap metal dealer shall purchase
or receive articles from any person identified on the list the
dealer receives from the law enforcement agency.
(3) No scrap metal dealer shall purchase or receive any
special purchase articles from any person who is under eighteen
years of age.
(4) No scrap metal dealer shall purchase or receive any
special purchase article without complying with division (B) of
this section and division (B), (C), or (D) of section 4737.041 of
the Revised Code.
(5) No scrap metal dealer shall purchase or receive more than
one catalytic converter per day from the same person except from a
motor vehicle dealer as defined in section 4517.01 of the Revised
Code.
(6) No scrap metal dealer shall treat a transaction as exempt
from section 4737.04 or 4737.041 of the Revised Code unless the
seller provides evidence of satisfying division (D)(3) of section
4737.043 of the Revised Code.
(F)(G) Every scrap metal dealer shall post a notice in a
conspicuous place on the dealer's premises notifying persons who
may wish to transact business with the dealer of the penalties
applicable to any person who does any of the following:
(1) Provides a false personal identification card to the
dealer;
(2) With purpose to defraud, provides any other false
information to the dealer in connection with the dealer's duty to
maintain the records required under division (B) of this section;
(3) Violates section 2913.02 of the Revised Code.
(G)(H)(1) Except as otherwise provided in the second
paragraph of division (E)(F) of this section, a chief of police,
marshal, or other chief law enforcement officer, a sheriff,
constable, or chief of police of a township police department or
police district police force, and a deputy, officer, or employee
of the law enforcement agency served by the marshal or the
municipal or township chief, the office of the sheriff, or the
constable is immune from liability in a civil action, including an
action for defamation, libel, or slander, to recover damages for
injury, death, or loss to persons or property or reputation
allegedly caused by an act or omission in connection with
compiling and providing the list required by division (E)(F) of
this section.
(2) The immunity described in division (G)(H)(1) of this
section does not apply to a person described in that division if,
in relation to the act or omission in question, any of the
following applies:
(a) The act or omission was manifestly outside the scope of
the person's employment or official responsibilities.
(b) The act or omission was with malicious purpose, in bad
faith, or in a wanton or reckless manner.
(c) Liability for the act or omission is expressly imposed by
a section of the Revised Code.
Sec. 4737.99. (A) Except as specified in divisions (B) and
(C) of this section, whoever violates sections 4737.01 to 4737.11
of the Revised Code, shall be fined not less than twenty-five nor
more than one thousand dollars and the costs of prosecution.
(B) Whoever violates division (F)(2) of section 4737.10 of
the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever fails to comply with or violates section 4737.01
or 4737.041 or division (B), (C), (E), or (F), or (G) of section
4737.04 of the Revised Code is guilty of a misdemeanor of the
third degree. If the offender one time previously has violated or
failed to comply with section 4737.01 or 4737.041 or division (B),
(C), (D), (E), or (F), or (G) of section 4737.04 of the Revised
Code, the violation or failure is a misdemeanor of the second
degree. If the offender two or more times previously has violated
or failed to comply with section 4737.01 or 4737.041 or division
(B), (C), (D), (E), or (F), or (G) of section 4737.04 of the
Revised Code, the violation or failure is a misdemeanor of the
first degree.
Section 2. That existing sections 4727.09, 4728.07, 4737.01,
4737.04, and 4737.99 of the Revised Code are hereby repealed.
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