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Sub. S. B. No. 193 As Passed by the SenateAs Passed by the Senate Corrected Version
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
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:
(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;
(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
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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