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Am. Sub. S. B. No. 193 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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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
A BILL
To amend sections 2913.01, 4737.04, 4737.041, and
4737.99 and to enact sections 4737.012 and
4737.045 of the Revised Code to make changes to
the law governing scrap metal dealers and bulk
merchandise dealers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2913.01, 4737.04, 4737.041, and
4737.99 be amended and sections 4737.012 and 4737.045 of the
Revised Code be enacted to read as follows:
Sec. 2913.01. As used in this chapter, unless the context
requires that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or causing
another to be deceived by any false or misleading representation,
by withholding information, by preventing another from acquiring
information, or by any other conduct, act, or omission that
creates, confirms, or perpetuates a false impression in another,
including a false impression as to law, value, state of mind, or
other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception, some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a period
that appropriates a substantial portion of its value or use, or
with purpose to restore it only upon payment of a reward or other
consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or services,
with purpose not to give proper consideration in return for the
money, property, or services, and without reasonable justification
or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is the owner of,
who has possession or control of, or who has any license or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services, professional
services, rental services, public utility services including
wireless service as defined in division (F)(1) of section 4931.40
of the Revised Code, common carrier services, and food, drink,
transportation, entertainment, and cable television services and,
for purposes of section 2913.04 of the Revised Code, include cable
services as defined in that section.
(F) "Writing" means any computer software, document, letter,
memorandum, note, paper, plate, data, film, or other thing having
in or upon it any written, typewritten, or printed matter, and any
token, stamp, seal, credit card, badge, trademark, label, or other
symbol of value, right, privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in part
and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill,
or token, automatically dispense property, provide a service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being inserted
or deposited in a coin machine as an improper substitute for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, 2913.48, former section 2913.47 or 2913.48, or section
2913.51, 2915.05, or 2921.41, or division (B)(2) of section
4737.04 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state, or of the United States,
substantially equivalent to any section listed in division (K)(1)
of this section or a violation of section 2913.41, 2913.81, or
2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering, theft,
embezzlement, wrongful conversion, forgery, counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to, the
use of a computer system, computer network, computer program, data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic device
of that nature.
(N) "Computer system" means a computer and related devices,
whether connected or unconnected, including, but not limited to,
data input, output, and storage devices, data communications
links, and computer programs and data that make the system capable
of performing specified special purpose data processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs, procedures,
and other documentation associated with the operation of a
computer system.
(R) "Data" means a representation of information, knowledge,
facts, concepts, or instructions that are being or have been
prepared in a formalized manner and that are intended for use in a
computer, computer system, or computer network. For purposes of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided by
or through the facilities of any cable television system or other
similar closed circuit coaxial cable communications system, or any
microwave or similar transmission service used in connection with
any cable television system or other similar closed circuit
coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account for
the purpose of obtaining money, property, labor, or services on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card
issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in 92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right of possession and use of the property is for a short and
possibly indeterminate term in return for consideration; the
rentee generally controls the duration of possession of the
property, within any applicable minimum or maximum term; and the
amount of consideration generally is determined by the duration of
possession of the property.
(X) "Telecommunication" means the origination, emission,
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of
intelligence of any nature over any communications system by any
method, including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications device" means any instrument,
equipment, machine, or other device that facilitates
telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner,
telephone, cellular telephone, pager, personal communications
device, transponder, receiver, radio, modem, or device that
enables the use of a modem.
(Z) "Telecommunications service" means the providing,
allowing, facilitating, or generating of any form of
telecommunication through the use of a telecommunications device
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a
telecommunications device that, alone or with another
telecommunications device, has been altered, constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information service without the authority or consent of the
provider of the telecommunications service or information service.
"Counterfeit telecommunications device" includes, but is not
limited to, a clone telephone, clone microchip, tumbler telephone,
or tumbler microchip; a wireless scanning device capable of
acquiring, intercepting, receiving, or otherwise facilitating the
use of telecommunications service or information service without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number in a wireless telephone.
(BB)(1) "Information service" means, subject to division
(BB)(2) of this section, the offering of a capability for
generating, acquiring, storing, transforming, processing,
retrieving, utilizing, or making available information via
telecommunications, including, but not limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division (BB)(1) of this section
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years of
age or older and has some impairment of body or mind that makes
the person unable to work at any substantially remunerative
employment that the person otherwise would be able to perform and
that will, with reasonable probability, continue for a period of
at least twelve months without any present indication of recovery
from the impairment, or who is eighteen years of age or older and
has been certified as permanently and totally disabled by an
agency of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01 of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or
part of a computer, computer system, or a computer network without
express or implied authorization with the intent to defraud or
with intent to commit a crime;
(b) Misusing computer or network services including, but not
limited to, mail transfer programs, file transfer programs, proxy
servers, and web servers by performing functions not authorized by
the owner of the computer, computer system, or computer network or
other person authorized to give consent. As used in this division,
"misuse of computer and network services" includes, but is not
limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than
the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to
access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web
servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section,
using a group of computer programs commonly known as "port
scanners" or "probes" to intentionally access any computer,
computer system, or computer network without the permission of the
owner of the computer, computer system, or computer network or
other person authorized to give consent. The group of computer
programs referred to in this division includes, but is not limited
to, those computer programs that use a computer network to access
a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers
or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or
network services; the presence or versions of computer software
including, but not limited to, operating systems, computer
services, or computer contaminants; the presence of a known
computer software deficiency that can be used to gain unauthorized
access to a computer, computer system, or computer network; or any
other information about a computer, computer system, or computer
network not necessary for the normal and lawful operation of the
computer initiating the access.
(ii) The group of computer programs referred to in division
(II)(1)(c)(i) of this section does not include standard computer
software used for the normal operation, administration,
management, and test of a computer, computer system, or computer
network including, but not limited to, domain name services, mail
transfer services, and other operating system services, computer
programs commonly called "ping," "tcpdump," and "traceroute" and
other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d) The intentional use of a computer, computer system, or a
computer network in a manner that exceeds any right or permission
granted by the owner of the computer, computer system, or computer
network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.01 of the Revised
Code, into a computer, computer system, computer program, or
computer network.
(JJ) "Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in the
manner described in this division. Anhydrous ammonia is one part
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by
weight is fourteen parts nitrogen to three parts hydrogen, which
is approximately eighty-two per cent nitrogen to eighteen per cent
hydrogen.
(LL) "Assistance dog" has the same meaning as in section
955.011 of the Revised Code.
(MM) "Federally licensed firearms dealer" has the same
meaning as in section 5502.63 of the Revised Code.
Sec. 4737.012. (A) Notwithstanding division (A) of section
4737.01 of the Revised Code, a dealer who is in the business of
purchasing, reselling, exchanging, recycling, shredding, or
receiving bulk merchandise containers shall not purchase or
receive plastic bulk merchandise containers that are marked with a
company name or logo, or more than nine wooden bulk merchandise
containers, from any other person at one time, unless the dealer
maintains a record book or electronic file in which the dealer
keeps an accurate and complete record of all containers purchased
or received by the dealer. Every entry in the record book or
electronic file shall be numbered consecutively. Until the
registry developed by the director of public safety pursuant to
section 4737.045 of the Revised Code is operational, a dealer
shall maintain the record for each container purchased or received
for a minimum period of one year after the date the dealer
purchased or received the container. Beginning on the date the
registry is operational, a dealer shall maintain the record for
each container purchased or received only for a period of sixty
days after the date the dealer purchased or received the
container. The director shall adopt rules for the format and
maintenance of the records required under this division.
The records shall contain all of the following:
(1) The name and residence of the person from whom the
containers were purchased or received, a copy of that person's
personal identification card, and, if required, a photograph of
the person taken pursuant to division (B)(2) of this section;
(2) A description of the containers, including the number
purchased or received and, if required, a photograph of the
containers taken pursuant to division (B)(1) of this section;
(3) The date and time the dealer purchased or received the
containers;
(4) If the seller or provider of the containers 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.
(B) Every dealer who is in the business of reselling bulk
merchandise containers shall take a photograph, in accordance with
rules adopted by the director, of both of the following:
(1) Each container for which the dealer must make a record
under division (A) of this section;
(2) Each person who sells or otherwise gives the dealer the
containers.
The dealer shall take the required photographs at the time
the dealer purchases or receives the containers and shall keep the
photographs as part of the record in accordance with division (A)
of this section.
(C) A dealer who is in the business of purchasing, reselling,
exchanging, recycling, shredding, or receiving bulk merchandise
containers shall fulfill the requirements of section 4737.041 of
the Revised Code with respect to the containers purchased or
received by the dealer for which the dealer must make a record
under division (A) of this section. No dealer shall purchase or
receive any bulk merchandise container for which the dealer must
make a record under division (A) of this section without complying
with division (B), (C), or (D) of section 4737.041 of the Revised
Code.
(D) As used in this section, "bulk merchandise container"
means a plastic or wooden carrier or holder used by a manufacturer
or distributor to transport merchandise to wholesale and retail
outlets.
Sec. 4737.04. (A) As used in this section and sections
4737.041, 4737.042, and 4737.043, 4737.044, 4737.045, and 4737.99
of the Revised Code:
(1) "Scrap metal dealer" means the owner or operator of a
business that purchases or receives scrap metal for the purpose of
sorting, grading, and shipping metals to third parties for direct
or indirect melting into new products.
(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 suggests 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;
(h) Railroad material, including journal brasses, rail
spikes, rails, tie plates, frogs, and communication wire;
(i) Metal trays, merchandise containers, or similar transport
containers used by a product producer, distributor, retailer, or
an 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;
(j) "Burnt wire," which is any metal that has been smelted,
burned, or melted.
(3) "Bulk merchandise container" has the same meaning as in
section 4737.012 of the Revised Code.
(4) "Bulk merchandise container dealer" means a dealer who is
subject to section 4737.012 of the Revised Code.
(5) "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)(6) "Consumer goods" has the same meaning as in section
1309.102 of the Revised Code.
(5)(7) "Recyclable materials" means the metal materials
described in division (B)(C)(5) of this section, on the condition
that those metal materials are not special purchase articles.
(6)(8) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(B)(1) No person shall engage in the business of scrap metal
dealing or act as a bulk merchandise container dealer without
first registering with the director of public safety in accordance
with section 4737.045 of the Revised Code.
(2) Notwithstanding section 2913.02 of the Revised Code, no
person, with purpose to deprive the owner of a special purchase
article or bulk merchandise container, shall knowingly obtain or
exert control over the special purchase article or bulk
merchandise container in any of the following ways:
(a) Without the consent of the owner or person authorized to
give consent;
(b) Beyond the scope of the express or implied consent of the
owner or person authorized to give consent;
(3) No person shall receive, purchase, or sell a special
purchase article or a bulk merchandise container except as in
accordance with sections 4737.012 and 4737.04 to 4737.045 of the
Revised Code.
(C) 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 and, on or after the effective date of this
amendment, shall be maintained for inspection in numerical order.
Every Until the registry developed by the director pursuant to
section 4737.045 of the Revised Code is operational, a 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, except that the dealer shall
maintain the photograph required under division (I) of this
section only for a period of sixty days after the dealer purchased
or received the article.
Said Beginning on the date the registry
is operational, a dealer shall maintain the record for each
article purchased or received only for a period of sixty days
after the date the dealer purchased or received the article. The
director shall adopt rules for the format and maintenance of the
records required under this division.
The records shall contain all of the following:
(1) Name The name and residence of the person from whom said
the 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 (I) of this section;
(2) The date and time the scrap metal dealer purchased or
received the articles and the weight of the articles as determined
by a licensed commercial scale;
(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) "Steel structural," which includes all structural steel
such as I-beams, trusses, channel iron, and similar steel from
buildings;
(r) "Miscellaneous steel," which includes steel grates, steel
farm machinery, steel industrial machinery, steel motor vehicle
frames, and other items made out of steel;
(r)(s) "Sheet irons," which includes bicycles, motor vehicle
body parts made of iron, and other items made using sheet iron;
(s)(t) "Motor vehicle nonbody parts," which includes motor
vehicle batteries, radiators, and other nonbody motor vehicle
parts;
(t)(u) "Catalytic converters";
(v)(w) "Electric motors."
(C) All journal brasses, and other railroad metals (6) For
recyclable materials that are special purchase articles, the
relevant category provided in division (A)(2) of this section.
(D) Railroad material, including journal brasses, rail
spikes, rails, tie plates, frogs, and communication wire, other
than purchases and sales under sections 4973.13 to 4973.16 of the
Revised Code, shall be held by the a scrap metal dealer for a
period of thirty days after being purchased or acquired.
(D)(E)(1) The records required under division (B)(C) of this
section
or under section 4737.012 of the Revised Code shall be
open for inspection by the representative of any law enforcement
agency, railroad police officers, and the director of public
safety or the director's designated representative during all
business hours. A scrap metal dealer or bulk merchandise container
dealer shall provide do both of the following:
(a) Provide a copy of those records to any law enforcement
agency or railroad police officer that requests the records or to
the director or director's representative, upon request;
(b) Prepare a daily electronic report, the content and format
of which shall be established in rules adopted by the director,
listing all retail transactions that occurred during the preceding
day and containing the information described in division (C) of
this section or division (A) of section 4737.012 of the Revised
Code, as applicable. The dealer shall electronically transfer, by
twelve noon eastern standard time, the report for inclusion in the
registry created pursuant to division (E) of section 4737.045 of
the Revised Code.
A law enforcement agency may inspect any photographic records
collected and maintained by a scrap metal dealer of either yard
operations or individual transactions. 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
(2) 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)(F)(1) No scrap metal dealer shall purchase or receive any
metal articles, and no bulk merchandise container dealer shall
purchase or receive any bulk merchandise containers, 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 (I) of this
section or of the person or container as required under division
(B) of section 4737.012 of the Revised Code.
(2) The law enforcement agency that serves the jurisdiction
in which a scrap metal dealer or a bulk merchandise container
dealer is located shall provide to the scrap metal dealer or bulk
merchandise container dealer a
searchable, electronic list
prepared in accordance with rules adopted by the director, 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. The law enforcement agency may
request the appropriate clerk of courts to provide the list. No
scrap metal dealer or bulk merchandise container dealer shall
purchase or receive articles from any person identified on the
list the dealer receives from the law enforcement agency. The law
enforcement agency also shall provide the list to the department
of public safety, in an electronic format in accordance with rules
adopted by the director, for inclusion in the registry created in
section 4737.045 of the Revised Code.
(3) No scrap metal dealer or bulk merchandise container
dealer shall purchase or receive any special purchase articles or
bulk merchandise containers 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)(C) or
(I) 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 purchase or receive a beer
keg that is marked with a company name or logo except from a
manufacturer of beer as described in section 4303.02 of the
Revised Code or an agent authorized by the manufacturer to dispose
of damaged kegs.
(7) 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 and bulk merchandise
container 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)(C) of this
section
or under section 4737.012 of the Revised Code;
(3) Violates section 2913.02 of the Revised Code or division
(B)(2) of this section.
(G)(H)(1) Except as otherwise provided in the second
paragraph of division (E)(F)(2) of this section, a clerk of courts
or an employee of a clerk of courts; 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; and
an employee of the department of public safety 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)(2) 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.
(I) Every scrap metal dealer shall take a photograph, in
accordance with rules adopted by the director, of each person who
sells or otherwise gives the dealer an article for which the
dealer must make record under division (C) of this section.
The dealer shall take the required photograph at the time the
dealer purchases or receives the article and shall keep the
photograph as part of the record in accordance with division (C)
of this section.
Sec. 4737.041. A scrap metal dealer or bulk merchandise
container dealer shall do all of the following with respect to
each special purchase article the scrap metal dealer purchases or
receives or with respect to each bulk merchandise container a bulk
merchandise container dealer purchases or receives that is subject
to division (A) of section 4737.012 of the Revised Code:
(A) Comply with the requirements of this section in addition
to complying with the applicable requirements of section 4737.012
or 4737.04 of the Revised Code;
(B) Take a photograph of each special purchase article or
bulk merchandise container;
(C) Obtain from the seller or provider of the special
purchase article or bulk merchandise container proof that the
seller or provider owns the special purchase article or bulk
merchandise container;
(D) If payment is rendered for the special purchase articles
or bulk merchandise containers, issue a check for the purchase of
the special purchase articles or bulk merchandise containers;
(E) Withhold payment for the purchase of the special purchase
articles or bulk merchandise containers for a period of two days
after the day the special purchase articles or bulk merchandise
containers are purchased;
(F) If an asserted owner of stolen special purchase articles
or bulk merchandise containers or that owner's agent provides
proof of having filed a stolen property report with the
appropriate law enforcement agency, make records describing
special purchase articles or bulk merchandise containers the scrap
metal dealer purchased or received after the alleged date of theft
available for inspection to the asserted owner or owner's agent
for a period of six months after the alleged date of theft of the
articles, except that the scrap metal dealer shall withhold the
name of the person from whom the special purchase articles or bulk
merchandise containers were purchased or received and the amount
paid for the special purchase articles or bulk merchandise
containers.
Sec. 4737.045. (A) To register as a scrap metal dealer or a
bulk merchandise container dealer with the director of public
safety as required by division (B) of section 4737.04 of the
Revised Code, a person shall do all of the following:
(1) Provide the name and street address of the dealer's place
of business;
(2) Provide the name of the primary owner of the business,
and of the manager of the business, if the manager is not the
primary owner;
(3) Provide the electronic mail address of the business;
(4) Provide confirmation that the dealer has the capabilities
to electronically connect with the department of public safety for
the purpose of sending and receiving information;
(5) Provide any other information required by the director in
rules the director adopts pursuant to sections 4737.01 to 4737.045
of the Revised Code;
(6) Pay an initial registration fee of two hundred dollars.
(B) A person engaging in the business of a scrap metal dealer
or a bulk merchandise container dealer in this state on or before
the effective date of this section shall register with the
director not later than January 1, 2013. With respect to a person
who commences engaging in the business of a scrap metal dealer or
a bulk merchandise container dealer after the effective date of
this section, the person shall register with the director pursuant
to this section prior to commencing business as a scrap metal
dealer or a bulk merchandise container dealer.
(C) A registration issued to a scrap metal dealer or a bulk
merchandise container dealer pursuant to this section is valid for
a period of one year. A dealer shall renew the registration in
accordance with the rules adopted by the director and pay a
renewal fee of one hundred fifty dollars to cover the costs of
operating and maintaining the registry created pursuant to
division (E) of this section.
(D) A scrap metal dealer or a bulk merchandise container
dealer registered under this section shall prominently display a
copy of the annual registration certificate received from the
director pursuant to division (E)(2) of this section.
(E) The director shall do all of the following:
(1) Develop and implement, by January 1, 2014, and maintain
as a registry a secure database for use by law enforcement
agencies that is capable of all of the following:
(a) Receiving and securely storing all of the information
required by division (A) of this section and the daily transaction
data that scrap metal dealers and bulk merchandise dealers are
required to send pursuant to division (E)(1) of section 4737.04 of
the Revised Code;
(b) Providing secure search capabilities to law enforcement
agencies for enforcement purposes;
(c) Creating a link and retransmission capability for receipt
of routine scrap theft alerts published by the institute of scrap
recycling industries for transmission to dealers and law
enforcement agencies in the state;
(d) Making the electronic lists prepared pursuant to division
(F)(2) of section 4737.04 of the Revised Code available through an
electronic searchable format for individual law enforcement
agencies and for dealers in the state;
(e) Providing, without charge, interlink programming enabling
the transfer of information to dealers.
(2) Issue, reissue, or deny registration to dealers;
(3) Adopt rules to enforce sections 4737.01 to 4737.045 of
the Revised Code, rules establishing procedures to renew a
registration issued under this section, rules for the format and
maintenance for the records required under division (A) of section
4737.012 of the Revised Code or division (C) of section 4737.04 of
the Revised Code, and rules regarding the delivery of the report
required by division (E)(1) of section 4737.04 of the Revised Code
to the registry, which shall be used exclusively by law
enforcement agencies.
(F) A scrap metal dealer or bulk merchandise container dealer
may search, modify, or update only the dealer's own business data
contained within the registry established in division (E) of this
section.
(G) All fees received by the director pursuant to this
section and division (F) of section 4737.99 of the Revised Code
shall be used to develop and maintain the registry required under
this section. The fees shall be deposited into the security,
investigations, and policing fund created in section 4501.11 of
the Revised Code.
Sec. 4737.99. (A) Except as specified in divisions (B) and,
(C), (D), (E), and (F) 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,
4737.012, or 4737.041 or, division (B), (C), (D), (E), or (F),
(G), or (I) of section 4737.04, or division (D) of section
4737.045 of the Revised Code is guilty of a misdemeanor of the
third first degree. If the offender one time previously has
violated or failed to comply with section 4737.01, 4737.012, or
4737.041 or, division (B), (C), (D), (E), or (F), (G), or (I) of
section 4737.04, or division (D) of section 4737.045 of the
Revised Code, the violation or failure is a misdemeanor felony of
the second fifth degree. If the offender two or more times
previously has violated or failed to comply with section 4737.01,
4737.012, or 4737.041 or, division
(B), (C), (D), (E), or (F),
(G), or (I) of section 4737.04, or division (D) of section
4737.045 of the Revised Code, the violation or failure is a
misdemeanor felony of the first fourth degree. For any second or
subsequent violation of or failure to comply with section 4737.01,
4737.012, or 4737.041, or division (C), (D), (E), (F), (G), or (I)
of section 4737.04, or division (D) of section 4737.045 of the
Revised Code, a court may suspend the registration issued to the
scrap metal dealer or bulk merchandise container dealer under
section 4737.045 of the Revised Code for a period of ninety days,
during which time period the person shall not engage in the
business of a scrap metal dealer or a bulk merchandise container
dealer, as applicable.
(D) Whoever violates division (B)(1) of section 4737.04 of
the Revised Code is guilty of a felony of the fifth degree. The
court also shall enjoin the person from engaging in the business
of a scrap metal dealer or a bulk merchandise dealer.
(E) Notwithstanding section 2913.02 of the Revised Code,
whoever violates division (B)(2) or (3) of section 4737.04 of the
Revised Code is guilty of a felony of the fifth degree for the
first offense and a felony of the third degree for any subsequent
offense.
(F) Any motor vehicle used in the theft or illegal
transportation of metal shall be impounded for at least thirty
days and not more than sixty days. If the same motor vehicle is
used in connection with a second or subsequent theft or illegal
transportation of metal, the motor vehicle shall be impounded for
at least sixty days and not more than one hundred eighty days. Any
motor vehicle used in the theft or illegal transportation of a
special purchase article or bulk merchandise container shall be
impounded for at least ninety days and not more than three hundred
sixty days. A motor vehicle impounded pursuant to this division
shall be stored at a municipal corporation impound lot, if
available, or at a lot owned by a private entity or another
governmental unit that the municipal corporation utilizes for the
purpose of impounding a motor vehicle. An impounded motor vehicle
may be recovered from the impound lot at the end of the impound
term upon payment of fees, fifty per cent of which shall be
remitted to the department of public safety to offset the costs of
operating the registry established pursuant to section 4737.045 of
the Revised Code.
Section 2. That existing sections 2913.01, 4737.04, 4737.041,
and 4737.99 of the Revised Code are hereby repealed.
Section 3. Division (B)(1) of section 4737.04 of the Revised
Code, as amended by this act, shall take effect on January 1,
2013.
Section 4. In order to cover the costs of the creation and
initial implementation of the database described in division (E)
of section 4737.045 of the Revised Code, as enacted by this act,
the Director of Public Safety may accept funds from public donors
for that purpose. The Director shall deposit any funds received
pursuant to this section into the Security, Investigations, and
Policing Fund created in section 4501.11 of the Revised Code.
Section 5. During the first year of the 134th General
Assembly, the President of the Senate or Speaker of the House of
Representatives shall initiate creation of a joint select
committee of the Senate and House of Representatives for the
purpose of considering the effectiveness of this act in deterring
crime and the costs of complying with this act to industries
affected by this act. The President of the Senate and Speaker of
the House of Representatives shall create the joint select
committee in accordance with the Joint Rules of the Senate and
House of Representatives for the 134th General Assembly for
creation of a joint select committee.
The joint select committee shall hold public hearings at
which time representatives of the Ohio Municipal League, the Ohio
Prosecuting Attorneys Association, and the Ohio Sheriff's
Association; representatives of the scrap metal recycling
industry; and other interested parties may present testimony on
the affect of this act on metals theft rates, theft deterrence,
criminal enforcement and prosecution, and economic and
administrative burdens on industry. The joint select committee
shall provide advance notice of its hearings to, and shall solicit
comments in advance of those hearings from, the Ohio Municipal
League, Ohio Prosecuting Attorneys Association, Ohio Sheriff's
Association, representatives of the scrap metal recycling
industry, and other interested parties that the joint select
committee determines should receive notice.
The joint select committee shall issue a report summarizing
the effectiveness and impacts of this act and submit the report to
the President of the Senate and Speaker of the House of
Representatives. The Legislative Service Commission shall assist
the joint select committee in preparing and finalizing the report
required by this section.
Section 6. There is hereby created the Scrap Metal and Bulk
Merchandise Container Registry Advisory Council. The Director of
Public Safety shall appoint the members of the Council, who shall
represent the scrap metal recycling industry, businesses that
provide software to the scrap metal recycling industry, law
enforcement, and other interests as the Director determines
necessary. The Council shall provide guidance and assistance to
the Director in the development and implementation of the registry
required under section 4737.045 of the Revised Code, as enacted by
this act. The Department of Public Safety shall provide assistance
to the Council as the Director determines necessary. Members shall
serve without compensation or reimbursement. The Council shall be
abolished January 1, 2014.
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