As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 311

Senator Hughes 

Cosponsor: Senator Miller, R. 

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A BILL

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) AExcept as provided in division (B) of	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 following	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

(1) A description of all property pledged with or purchased	26
by the licensee;	27

(2) The number of the pawn or purchase form the licensee used	28
to document the pledge or purchase.	29

(B) AThe licensee shall provide the property description and	30
form number required by division (A) of this sectioninformation	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) For the purposes of this section, a licensee need provide	35
only the information required by division (A) of this section	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. Each(A) Except as provided in division (B) of	64
this section, each person licensed under Chapter 4728. of the	65
Revised Code,shall make the information required under section	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, a description ofthe	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, together with the number of the receipt	78
issued.	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 a	115
separate record book oran electronic file in which shall be	116
writtenrecorded, in the English language, at the time of the	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 aan electronic copy of the	121
person's personal identification card. Every entry shall be	122
numbered consecutively, commencing with number one.	123

The purchaser shall retain the record book or electronic	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 record or filefiles and copies available for inspection by	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
the effective date of this amendmentSeptember 11, 2008, every	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. RecordsThe	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 andor the seller's address. The	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

(E)(F)(1) No scrap metal dealer shall purchase or receive any	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

(F)(G) Every scrap metal dealer shall post a notice in a	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

(G)(H)(1) Except as otherwise provided in the second	346
paragraph of division (E)(F) of this section, a chief of police,	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 (E)(F) of	357
this section.	358

(2) The immunity described in division (G)(H)(1) of this	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), (E), or (F), or (G) of section	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), or (F), or (G) of section 4737.04 of the Revised	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), or (F), or (G) of section 4737.04 of the	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