130th Ohio General Assembly
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Sub. S. B. No. 193  As Passed by the Senate
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 



A BILL
To amend sections 4737.04 and 4737.99 and to enact section 4737.012 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 and to shorten the hold period for records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4737.04 and 4737.99 be amended and section 4737.012 of the Revised Code be enacted to read as follows:
Sec. 4737.012.  (A) A dealer who is in the business of purchasing, reselling, exchanging, recycling, shredding, or receiving bulk merchandise containers shall not purchase or receive more than four 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. Every 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. 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 a photograph of the person taken pursuant to division (B)(2) of this section;
(2) A photograph of the containers, taken pursuant to division (B)(1) of this section, and a description of the containers, including the number purchased or received;
(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, by any photographic means available, 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 placed on scrap metal dealers in 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 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:
(a) Beer kegs;
(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 sixty days 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) of this section;
(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;
(h) "Aluminum sheet";
(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";
(u) "Lead";
(v) "Electric motors."
(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 or under section 4737.012 of the Revised Code 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 or bulk merchandise container 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, 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 (H) of this section or under division (A)(2) of section 4737.012 of the Revised Code.
(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 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) of this section or under section 4737.012 of the Revised Code;
(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 each person who sells or otherwise gives the dealer an article for which the dealer must make record under division (B) 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 (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, 4737.012, 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, 4737.012, 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, 4737.012, 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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