Bill Text: OH SB311 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To require pawn brokers, precious metal dealers, secondhand dealers, and scrap metal dealers to make electronic files of each purchase available on an internet law enforcement database reporting system.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-11-04 - To State & Local Government & Veterans Affairs [SB311 Detail]
Download: Ohio-2009-SB311-Introduced.html
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Senator Hughes
Cosponsor:
Senator Miller, R.
To amend sections 4727.09, 4728.07, 4737.01, 4737.04, | 1 |
and 4737.99 and to enact section 4727.22 of the | 2 |
Revised Code to require pawn brokers, precious | 3 |
metal dealers, secondhand dealers, and scrap metal | 4 |
dealers to make electronic files of each purchase | 5 |
available on an internet law enforcement database | 6 |
reporting system. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4727.09, 4728.07, 4737.01, 4737.04, | 8 |
and 4737.99 be amended and section 4727.22 of the Revised Code be | 9 |
enacted to read as follows: | 10 |
Sec. 4727.09. (A) | 11 |
this section, a person licensed as a pawnbroker shall make the | 12 |
information required under division (B) of section 4727.08 of the | 13 |
Revised Code available to law enforcement officers via a secure | 14 |
internet law enforcement database reporting system approved by the | 15 |
director of commerce under section 4727.22 of the Revised Code. | 16 |
(B) If the licensee cannot obtain the means to record the | 17 |
files electronically and access to the internet without undue | 18 |
hardship, the licensee shall, every day, furnish the | 19 |
information required under division (B) of section 4727.08 of the | 20 |
Revised Code to the chief of police of the municipal corporation | 21 |
or township in which the licensee's place of business is located | 22 |
or, if the place of business is not located within a municipal | 23 |
corporation or a township that has a chief of police, to the | 24 |
sheriff of the county in which the place of business is located | 25 |
| 26 |
27 |
| 28 |
29 |
| 30 |
31 | |
on the form furnished by the law enforcement officer requesting | 32 |
the information. The completed form may be communicated by | 33 |
electronic transfer or be in a magnetic media format. | 34 |
(C) | 35 |
36 | |
Records submitted to a law enforcement officer pursuant to this | 37 |
section are not public records for purposes of section 149.43 of | 38 |
the Revised Code and, except as otherwise provided in this | 39 |
division, are confidential. A person who claims to own a stolen | 40 |
article that may be identified in those records, or an agent of | 41 |
that person, who provides proof of having filed a stolen property | 42 |
report with the appropriate law enforcement agency, may request | 43 |
those records. The law enforcement agency shall provide those | 44 |
records upon a request made by such a person or that person's | 45 |
agent, but the law enforcement agency shall redact any personal | 46 |
identifying information including information that reveals the | 47 |
name of the seller of any article or the seller's address. The | 48 |
agency also shall redact the price the licensee paid for any | 49 |
article the licensee purchased or the estimated value of any | 50 |
article the licensee received. The law enforcement agency shall | 51 |
determine which records to provide, based upon the time period | 52 |
that the alleged theft is reported to have taken place. A law | 53 |
enforcement agency may charge or collect a fee for providing | 54 |
records as required by this division. | 55 |
Sec. 4727.22. The director of commerce shall approve a secure | 56 |
law enforcement database reporting system for use by pawn brokers, | 57 |
precious metals dealers, secondhand dealers, and scrap metal | 58 |
dealers to make records available to law enforcement officers as | 59 |
required under sections 4727.09, 4728.07, 4737.01, and 4737.04 of | 60 |
the Revised Code. | 61 |
The information in the database shall be available only to | 62 |
law enforcement officers. | 63 |
Sec. 4728.07. | 64 |
this section, each person licensed under Chapter 4728. of the | 65 |
Revised Code | 66 |
4728.06 of the Revised Code available to law enforcement officers | 67 |
via a secure internet law enforcement database reporting system | 68 |
approved by the director of commerce under section 4727.22 of the | 69 |
Revised Code. | 70 |
(B) If the licensee cannot obtain the means to record the | 71 |
files electronically and access to the internet without undue | 72 |
hardship, the licensee shall, every business day, make available | 73 |
to the chief or the head of the local police department, on forms | 74 |
furnished by the police department, | 75 |
information required under section 4728.06 of the Revised Code | 76 |
regarding all articles received by the licensee on the business | 77 |
day immediately preceding | 78 |
79 |
(C) Records submitted to a law enforcement officer pursuant | 80 |
to this section are not public records for purposes of section | 81 |
149.43 of the Revised Code and, except as otherwise provided in | 82 |
this division, are confidential. A person who claims to own a | 83 |
stolen article that may be identified in those records, or an | 84 |
agent of that person, who provides proof of having filed a stolen | 85 |
property report with the appropriate law enforcement agency, may | 86 |
request those records. The law enforcement agency shall provide | 87 |
those records upon a request made by such a person or that | 88 |
person's agent, but the law enforcement agency shall redact any | 89 |
personal identifying information including information that | 90 |
reveals the name of the seller of any article or the seller's | 91 |
address. The agency also shall redact the price the licensee paid | 92 |
for any article the licensee purchased or the estimated value of | 93 |
any article the licensee received. The law enforcement agency | 94 |
shall determine which records to provide, based upon the time | 95 |
period that the alleged theft is reported to have taken place. A | 96 |
law enforcement agency may charge or collect a fee for providing | 97 |
records as required by this division. | 98 |
Sec. 4737.01. (A) "Personal identification card" means a | 99 |
current and valid driver's license, military identification card, | 100 |
state identification card issued under sections 4507.50 to 4507.52 | 101 |
of the Revised Code, or a state identification card issued by | 102 |
another state on the condition that that card contains information | 103 |
substantially similar to the information contained on a state | 104 |
identification card issued under sections 4507.50 to 4507.52 of | 105 |
the Revised Code and also contains a photograph of the person to | 106 |
whom the card is issued. | 107 |
(B) A person other than a scrap metal dealer, as defined in | 108 |
section 4737.04 of the Revised Code, purchasing, selling, | 109 |
exchanging, or receiving secondhand articles of any kind other | 110 |
than special purchase articles as defined in section 4737.04 of | 111 |
the Revised Code, scrap iron, and scrap metal, shall post in a | 112 |
conspicuous place in or upon the person's shop, store, wagon, | 113 |
boat, or other place of business, a sign having the person's name | 114 |
and occupation legibly inscribed thereon, and shall keep | 115 |
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117 | |
purchase or exchange of such articles, a description thereof, the | 118 |
name, description, and residence of the person from whom purchased | 119 |
and received, and the day and time when such purchase or exchange | 120 |
was made, and shall make and keep | 121 |
person's personal identification card. | 122 |
123 |
The purchaser shall retain the
| 124 |
file and electronic copies of personal identification cards for at | 125 |
least one year after the purchase or exchange date and shall make | 126 |
the
| 127 |
any law enforcement officer at all reasonable times. The purchaser | 128 |
also shall make the files and copies available to law enforcement | 129 |
officers via a secure internet law enforcement database reporting | 130 |
system approved by the director of commerce under section 4727.22 | 131 |
of the Revised Code. | 132 |
If the purchaser cannot obtain the means to record files | 133 |
electronically and access to the internet without undue hardship, | 134 |
the purchaser may collect the files required under this section in | 135 |
written format. The purchaser shall retain those written files and | 136 |
shall make copies available for inspection by any law enforcement | 137 |
officer as required under this section. | 138 |
Records submitted to a law enforcement officer pursuant to | 139 |
this section are not public records for purposes of section 149.43 | 140 |
of the Revised Code and, except as otherwise provided in this | 141 |
division, are confidential. A person who claims to own a stolen | 142 |
article that may be identified in those records, or an agent of | 143 |
that person, who provides proof of having filed a stolen property | 144 |
report with the appropriate law enforcement agency, may request | 145 |
those records. The law enforcement agency shall provide those | 146 |
records upon a request made by such a person or that person's | 147 |
agent, but the law enforcement agency shall redact any personal | 148 |
identifying information including information that reveals the | 149 |
name of the seller of any article or the seller's address. The | 150 |
agency also shall redact the price the purchaser paid for any | 151 |
article the purchaser purchased or the estimated value of any | 152 |
article the purchaser received. The law enforcement agency shall | 153 |
determine which records to provide, based upon the time period | 154 |
that the alleged theft is reported to have taken place. A law | 155 |
enforcement agency may charge or collect a fee for providing | 156 |
records as required by this division. | 157 |
Sec. 4737.04. (A) As used in this section and sections | 158 |
4737.041, 4737.042, and 4737.043 of the Revised Code: | 159 |
(1) "Scrap metal dealer" means the owner or operator of a | 160 |
business that purchases or receives scrap metal. | 161 |
(2) "Special purchase article" means all of the following: | 162 |
(a) Beer kegs; | 163 |
(b) Cable, wire, electrical components, and other equipment | 164 |
used in providing cable service or any utility service, including, | 165 |
but not limited to, copper or aluminum coverings, housings, or | 166 |
enclosures related thereto; | 167 |
(c) Grave markers, sculptures, plaques, and vases made out of | 168 |
metal, the appearance of which suggest that the articles have been | 169 |
obtained from a cemetery; | 170 |
(d) Guard rails for bridges, highways, and roads; highway and | 171 |
street signs; street light poles and fixtures; manhole covers, | 172 |
water meter covers, and other similar types of utility access | 173 |
covers; traffic directional and control signs and light signals, | 174 |
metal marked with the name of a political subdivision of the | 175 |
state, and other metal articles that are purchased and installed | 176 |
for use upon authorization of the state or any political | 177 |
subdivision of the state; | 178 |
(e) Historical, commemorative, and memorial markers and | 179 |
plaques made out of metal; | 180 |
(f) Four-wheel metal carts, commonly referred to as "grocery | 181 |
carts," that are generally used by individuals to collect and | 182 |
transport consumer goods while shopping; | 183 |
(g) Four-wheel metal carts, commonly referred to as "metal | 184 |
bossies," that are used to transport or merchandise food products | 185 |
that are stored in crates, shells, or trays. | 186 |
(3) "Common recycled matter" means bottles and other | 187 |
containers made out of steel, tin, or aluminum and other consumer | 188 |
goods that are metal that are recycled by individual consumers and | 189 |
not in the bulk or quantity that could be supplied or recycled by | 190 |
large business establishments. "Common recycled matter" does not | 191 |
include a metal tray used by a product producer, distributor, | 192 |
retailer, or agent of a product producer, distributor, or retailer | 193 |
as a means for the bulk transportation, storage, or carrying of | 194 |
retail containers of milk, baked goods, eggs, or bottled beverage | 195 |
products. | 196 |
(4) "Consumer goods" has the same meaning as in section | 197 |
1309.102 of the Revised Code. | 198 |
(5) "Recyclable materials" means the metal materials | 199 |
described in division (B)(5) of this section, on the condition | 200 |
that those metal materials are not special purchase articles. | 201 |
(6) "Motor vehicle" has the same meaning as in section | 202 |
4501.01 of the Revised Code. | 203 |
(B) Every scrap metal dealer shall maintain a record book or | 204 |
electronic file, in which the dealer shall keep an accurate and | 205 |
complete record of all articles purchased or received by the | 206 |
dealer in the course of the dealer's daily business. On and after | 207 |
208 | |
entry in the record book or electronic file shall be numbered | 209 |
consecutively. Every dealer shall maintain the record for each | 210 |
article purchased or received for a minimum period of one year | 211 |
after the date the dealer purchased or received the article. Said | 212 |
records shall contain all of the following: | 213 |
(1) Name and residence of the person from whom said articles | 214 |
were purchased or received and a copy of that person's personal | 215 |
identification card; | 216 |
(2) The date and time the scrap metal dealer purchased or | 217 |
received the articles; | 218 |
(3) If the seller or provider of the articles arrives at the | 219 |
dealer's place of business in a motor vehicle, the license plate | 220 |
number of that motor vehicle along with the state that issued the | 221 |
license plate; | 222 |
(4) For metal articles that are not recyclable materials, a | 223 |
full and accurate description of each article purchased or | 224 |
received by the dealer that includes identifying letters or marks | 225 |
written, inscribed, or otherwise included on the article and the | 226 |
name and maker of the article if known; | 227 |
(5) For recyclable materials that are not special purchase | 228 |
articles, a scrap metal dealer shall use the following category | 229 |
codes to identify the recyclable materials that the dealer | 230 |
receives: | 231 |
(a) "Number one copper," which includes clean copper pipe, | 232 |
clean copper wire, or other number one copper that does not have | 233 |
solder, paint, or coating; | 234 |
(b) "Number two copper," which includes unclean copper pipe, | 235 |
unclean copper wire, or other number two copper; | 236 |
(c) "Sheet copper," which includes copper roofing, copper | 237 |
gutters, copper downspouts, and other sheet copper; | 238 |
(d) "Insulated copper wire"; | 239 |
(e) "Aluminum or copper radiators," which includes aluminum | 240 |
radiators, aluminum copper radiators, and copper radiators; | 241 |
(f) "Red brass," which includes red brass values and other | 242 |
red brass; | 243 |
(g) "Yellow brass," which includes yellow brass fixtures, | 244 |
yellow brass valve and fitting, ornamental brass, and other yellow | 245 |
brass; | 246 |
(h) "Aluminum sheet"; | 247 |
(i) "Aluminum extrusions," which includes aluminum bleachers, | 248 |
aluminum benches, aluminum frames, aluminum pipe, and other | 249 |
aluminum extrusions; | 250 |
(j) "Cast aluminum," which includes aluminum grills, | 251 |
lawnmower decks made of aluminum, aluminum motor vehicle parts and | 252 |
rims, and other cast aluminum; | 253 |
(k) "Clean aluminum wire"; | 254 |
(l) "Unclean aluminum wire"; | 255 |
(m) "Aluminum exteriors," which includes aluminum siding, | 256 |
aluminum gutters and downspouts, aluminum shutters, aluminum trim, | 257 |
and other aluminum exterior items; | 258 |
(n) "Contaminated aluminum"; | 259 |
(o) "Stainless steel," which includes, sinks, appliance | 260 |
housing, dishes, pots, pans, pipe, and other items made out of | 261 |
stainless steel; | 262 |
(p) "Large appliances," which includes consumer and other | 263 |
appliances; | 264 |
(q) "Miscellaneous steel," which includes steel grates, steel | 265 |
farm machinery, steel industrial machinery, steel motor vehicle | 266 |
frames, and other items made out of steel; | 267 |
(r) "Sheet irons," which includes bicycles, motor vehicle | 268 |
body parts made of iron, and other items made using sheet iron; | 269 |
(s) "Motor vehicle nonbody parts," which includes motor | 270 |
vehicle batteries, radiators, and other nonbody motor vehicle | 271 |
parts; | 272 |
(t) "Catalytic converters"; | 273 |
(u) "Lead"; | 274 |
(v) "Electric motors." | 275 |
(C) All journal brasses, and other railroad metals, other | 276 |
than purchases and sales under sections 4973.13 to 4973.16 of the | 277 |
Revised Code, shall be held by the dealer for a period of thirty | 278 |
days after being purchased or acquired. | 279 |
(D) The records required under division (B) of this section | 280 |
shall be open for inspection by the representative of any law | 281 |
enforcement agency and the director of public safety or the | 282 |
director's designated representative during all business hours. A | 283 |
scrap metal dealer shall provide a copy of those records to any | 284 |
law enforcement agency that requests the records or to the | 285 |
director or director's representative, upon request. | 286 |
scrap metal dealer also shall make the records available to law | 287 |
enforcement officers via a secure internet law enforcement | 288 |
database reporting system approved by the director of commerce | 289 |
under section 4727.22 of the Revised Code unless the purchaser | 290 |
cannot obtain the means to record files electronically and access | 291 |
to the internet without undue hardship. | 292 |
(E) Records submitted to any law enforcement agency pursuant | 293 |
to this section are not public records for purposes of section | 294 |
149.43 of the Revised Code. A person who claims to own a stolen | 295 |
article that may be identified in those records, or an agent of | 296 |
that person, who provides proof of having filed a stolen property | 297 |
report with the appropriate law enforcement agency, may request | 298 |
those records. The law enforcement agency shall provide those | 299 |
records upon a request made by such a person or that person's | 300 |
agent, but the law enforcement agency shall redact any personal | 301 |
identifying information including information that reveals the | 302 |
name of the seller of any article | 303 |
agency also shall redact the price the dealer paid for any article | 304 |
the dealer purchased or the estimated value of any article the | 305 |
dealer received. The law enforcement agency shall determine which | 306 |
records to provide, based upon the time period that the alleged | 307 |
theft is reported to have taken place. A law enforcement agency | 308 |
may charge or collect a fee for providing records as required by | 309 |
this section. | 310 |
| 311 |
metal articles from a person who refuses to show the dealer the | 312 |
person's personal identification card. | 313 |
(2) The law enforcement agency that serves the jurisdiction | 314 |
in which a scrap metal dealer is located shall provide a list, as | 315 |
that agency determines appropriate, of the names and descriptions | 316 |
of persons known to be or who are suspected to be thieves or | 317 |
receivers of stolen property. No scrap metal dealer shall purchase | 318 |
or receive articles from any person identified on the list the | 319 |
dealer receives from the law enforcement agency. | 320 |
(3) No scrap metal dealer shall purchase or receive any | 321 |
special purchase articles from any person who is under eighteen | 322 |
years of age. | 323 |
(4) No scrap metal dealer shall purchase or receive any | 324 |
special purchase article without complying with division (B) of | 325 |
this section and division (B), (C), or (D) of section 4737.041 of | 326 |
the Revised Code. | 327 |
(5) No scrap metal dealer shall purchase or receive more than | 328 |
one catalytic converter per day from the same person except from a | 329 |
motor vehicle dealer as defined in section 4517.01 of the Revised | 330 |
Code. | 331 |
(6) No scrap metal dealer shall treat a transaction as exempt | 332 |
from section 4737.04 or 4737.041 of the Revised Code unless the | 333 |
seller provides evidence of satisfying division (D)(3) of section | 334 |
4737.043 of the Revised Code. | 335 |
| 336 |
conspicuous place on the dealer's premises notifying persons who | 337 |
may wish to transact business with the dealer of the penalties | 338 |
applicable to any person who does any of the following: | 339 |
(1) Provides a false personal identification card to the | 340 |
dealer; | 341 |
(2) With purpose to defraud, provides any other false | 342 |
information to the dealer in connection with the dealer's duty to | 343 |
maintain the records required under division (B) of this section; | 344 |
(3) Violates section 2913.02 of the Revised Code. | 345 |
| 346 |
paragraph of division | 347 |
marshal, or other chief law enforcement officer, a sheriff, | 348 |
constable, or chief of police of a township police department or | 349 |
police district police force, and a deputy, officer, or employee | 350 |
of the law enforcement agency served by the marshal or the | 351 |
municipal or township chief, the office of the sheriff, or the | 352 |
constable is immune from liability in a civil action, including an | 353 |
action for defamation, libel, or slander, to recover damages for | 354 |
injury, death, or loss to persons or property or reputation | 355 |
allegedly caused by an act or omission in connection with | 356 |
compiling and providing the list required by division | 357 |
this section. | 358 |
(2) The immunity described in division | 359 |
section does not apply to a person described in that division if, | 360 |
in relation to the act or omission in question, any of the | 361 |
following applies: | 362 |
(a) The act or omission was manifestly outside the scope of | 363 |
the person's employment or official responsibilities. | 364 |
(b) The act or omission was with malicious purpose, in bad | 365 |
faith, or in a wanton or reckless manner. | 366 |
(c) Liability for the act or omission is expressly imposed by | 367 |
a section of the Revised Code. | 368 |
Sec. 4737.99. (A) Except as specified in divisions (B) and | 369 |
(C) of this section, whoever violates sections 4737.01 to 4737.11 | 370 |
of the Revised Code, shall be fined not less than twenty-five nor | 371 |
more than one thousand dollars and the costs of prosecution. | 372 |
(B) Whoever violates division (F)(2) of section 4737.10 of | 373 |
the Revised Code is guilty of a misdemeanor of the fourth degree. | 374 |
(C) Whoever fails to comply with or violates section 4737.01 | 375 |
or 4737.041 or division (B), (C), | 376 |
4737.04 of the Revised Code is guilty of a misdemeanor of the | 377 |
third degree. If the offender one time previously has violated or | 378 |
failed to comply with section 4737.01 or 4737.041 or division (B), | 379 |
(C), (D), (E), | 380 |
Code, the violation or failure is a misdemeanor of the second | 381 |
degree. If the offender two or more times previously has violated | 382 |
or failed to comply with section 4737.01 or 4737.041 or division | 383 |
(B), (C), (D), (E), | 384 |
Revised Code, the violation or failure is a misdemeanor of the | 385 |
first degree. | 386 |
Section 2. That existing sections 4727.09, 4728.07, 4737.01, | 387 |
4737.04, and 4737.99 of the Revised Code are hereby repealed. | 388 |