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S. B. No. 193 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Patton
A BILL
To amend sections 4737.04 and 4737.99 of the Revised
Code to require scrap metal dealers to take and
keep as part of the sales record a photograph of
each person selling or giving an article to the
dealer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4737.04 and 4737.99 of the Revised
Code be amended to read as follows:
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 worker
access hole 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, and a photograph of the person taken pursuant
to division (H)(2) of this section;
(2) A photograph of the article, taken pursuant to division
(H)(1) of this section;
(3) The date and time the scrap metal dealer purchased or
received the articles;
(3)(4) 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)(5) 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)(6) 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
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 information that reveals the name
of the seller of any article and 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)(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, or who refuses to allow the
dealer to take a photograph of the person as required under
division (H)(2) of this section.
(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) 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)(1) Except as otherwise provided in the second paragraph
of division (E) 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) of this section.
(2) The immunity described in division (G)(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.
(H) Every scrap metal dealer shall take a photograph, by any
photographic means available, of both of the following:
(1) Each article for which the dealer must make a record
under division (B) of this section;
(2) Each person who sells or otherwise gives the dealer that
article.
The dealer shall take the required photographs at the time
the dealer purchases or receives the article and shall keep the
photographs as part of the record in accordance with division (B)
of this section.
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 (H) 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 (H) 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 (H) of section 4737.04 of the
Revised Code, the violation or failure is a misdemeanor of the
first degree.
Section 2. That existing sections 4737.04 and 4737.99 of the
Revised Code are hereby repealed.
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