HB 210 — Regards the sale of used catalytic converters

210 Page136th 3G.A. As Passed by the House felony of the second degree.

Ifknows theor valueshould ofknow that the property or 46 services stolen is onea millionpolice fivedog hundredor thousandhorse dollars or 47an more,assistance dog, a violation of this section is aggravated theft of onea 48police milliondog fiveor hundredhorse thousandor dollarsan orassistance more,dog, a felony of the 49third first degree.

50(8) (3)If Except as otherwise provided in division (B)(4), (5), 51 (6), (7), (8), or (9), or (10) of this section, if the victimproperty ofstolen 52 the offense is ananhydrous elderlyammonia, person, disabled adult, active duty 53 service member, or spouse of an active duty service member, a 54 violation of this section is theft fromof aanhydrous personammonia, in a protectedfelony 55 class, and division (B)(3) of thisthe sectionthird applies.degree.

(9) Except as 56 otherwise provided in division (B)(2) of this division,section theftwith fromrespect to property with a personvalue of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purpose purchase article as defined in section 4737.04 of the Revised Code or is a 57bulk protectedmerchandise classcontainer as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purpose purchase article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree.

(10)(10)(a) If the value of 58 the property or services stolen is onea thousandcatalytic dollarsconverter, ora moreviolation 59 and is less than seven thousand five hundred dollars, or if the 60 offender has been convicted of orthis pleadedsection guiltyis to a felony 61 theft offenseof within the previous three years, theft from a 62catalytic personconverter, in a protected class is a felony of the fourthfifth degree.

(b) If 63 the value of the property or services stolen is sevena thousandcatalytic 64converter fiveand hundredthe dollarsoffender or more and is lessa thanbusiness thirty-sevenentity, 65a thousandviolation fiveof hundredthis dollars,section oris ifenterprise thetheft offenderof twoa orcatalytic moreconverter 66and, timespursuant hasto beensection convicted2929.31 of or pleaded guilty to a felony theft 67 offense within the previousRevised threeCode, years,is theftpunishable fromby a personfine inof 68not amore protectedthan classseven isthousand afive felonyhundred ofdollars theper thirdviolation. degree.

If(c) The clerk of the valuecourt 69shall pay any fine imposed pursuant to division (B)(10) of this section to the propertycounty, ortownship, servicesmunicipal stolencorporation, ispark thirty-sevendistrict thousandas fivecreated 70pursuant hundredto dollarssection 511.18 or more1545.04 andof isthe lessRevised thanCode, oneor hundredstate fiftylaw 71enforcement thousandagencies dollars,in theftthis fromstate athat personprimarily inwere aresponsible protectedfor, classor isinvolved ain, 72arresting felonyand ofprosecuting the secondoffender. degree.

If(d) theAs valueused ofin thedivision property(B)(10) orof 73this servicessection, stolen"catalytic isconverter" onehas hundredthe fiftysame thousandmeaning dollarsas or more, 74 theft from a person in asection protected4737.04 class is a felony of the 75Revised firstCode. degree.

If(11) In addition to the victimpenalties described in division (B)(2) of this section, if the offenseoffender iscommitted the violation by causing a motor vehicle to leave the premises of an elderlyestablishment person,at 76which Sub.gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

(a) Unless division (B)(10)(b)(B)(11)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;

(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(10)(a)(B)(11)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.;

(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, Sub.

210 Page136th 4G.A. As Passed by the House in addition to any other penalty imposed for the offense, the 77 offender shall be required to pay full restitution to the victim 78 and to pay a fine of up to fifty thousand dollars.

Theprobationary clerkdriver's oflicense, 79temporary courtinstruction shallpermit, forwardor allnonresident finesoperating collectedprivilege underpursuant division (B)(3) of 80 this section to thedivision county(B)(10)(a)(B)(11)(a) departmentor (b) of jobthis andsection, familyinstead servicesmay 81require to be used for the reportingoffender andto investigationperform ofcommunity elderservice abuse, 82 neglect, and exploitation or for thea provisionnumber or arrangement of 83hours protectivedetermined servicesby under sections 5101.61 to 5101.71 of the 84court. Revised Code.

85(11)(12) (4)In Ifaddition to the propertypenalties stolendescribed isin adivision firearm(B)(2) orof dangerousthis 86section, ordnance,if athe offender committed the violation ofby thisstealing rented property or rental services, the court may order that the offender make restitution pursuant to section is2929.18 grandor theft.2929.28 of the Revised Code.

ExceptRestitution asmay 87include, otherwisebut providedis innot thislimited division,to, grandthe theftcost whenof therepairing 88or propertyreplacing the stolen isproperty, aor firearmthe orcost dangerousof ordnancerepairing isthe astolen felonyproperty 89and any loss of revenue resulting from deprivation of the thirdproperty degree,due andto theretheft of rental services that is aless presumptionthan inor favorequal ofto the 90actual courtvalue imposingof athe prisonproperty termat for the offense.time it was rented.

IfEvidence theof firearmintent orto 91commit dangeroustheft ordnanceof wasrented stolenproperty fromor arental federallyservices licensedshall firearmsbe 92determined dealer,pursuant grandto theft when the propertyprovisions stolenof issection a2913.72 firearm or 93 dangerous ordnance is a felony of the firstRevised degree.Code.

(C) The offendersentencing 94court shallthat servesuspends aan prisonoffender's termlicense, imposedpermit, foror grandnonresident theftoperating whenprivilege theunder 95division property(B)(10)(B)(11) stolenof isthis asection firearmmay orgrant dangerousthe ordnanceoffender consecutivelylimited 96driving toprivileges anyduring otherthe prisonperiod termof orthe mandatorysuspension prisonin termaccordance previouslywith orChapter 974510. subsequently imposed upon the offender.

98 (5) If the property stolen is a motor vehicle, a violation 99 of this section is grand theft of a motor vehicle, a felony of 100 the fourth degree.

101 (6) If the property stolen is any dangerous drug, a 102 violation of this section is theft of drugs, a felony of the 103 fourth degree, or, if the offender previously has been convicted 104 of a felony drug abuse offense, a felony of the third degree.

105 (7) If the property stolen is a police dog or horse or an 106 Sub.

H.

B.

No.

210 Page 5 As Passed by the House assistance dog and the offender knows or should know that the 107 property stolen is a police dog or horse or an assistance dog, a 108 violation of this section is theft of a police dog or horse or 109 an assistance dog, a felony of the third degree.

110 (8) If the property stolen is anhydrous ammonia, a 111 violation of this section is theft of anhydrous ammonia, a 112 felony of the third degree.

113 (9) Except as provided in division (B)(2) of this section 114 with respect to property with a value of seven thousand five 115 hundred dollars or more and division (B)(3) of this section with 116 respect to property with a value of one thousand dollars or 117 more, if the property stolen is a special purpose purchase 118 article as defined in section 4737.04 of the Revised Code or is 119 a bulk merchandise container as defined in section 4737.012 of 120 the Revised Code, a violation of this section is theft of a 121 special purpose purchase article or articles or theft of a bulk 122 merchandise container or containers, a felony of the fifth 123 degree.

124 (10)(10)(a) If the property stolen is a catalytic 125 converter, a violation of this section is theft of a catalytic 126 converter, a felony of the fifth degree.

127 (b) If the offender has previously been convicted of or 128 pleaded guilty to a violation of Chapter 2911.

or 2913.

of the 129 Revised Code, theft of a catalytic converter is a felony of the 130 fourth degree.

131 (c) If the property stolen is a catalytic converter and 132 the offender is a business entity, a violation of this section 133 is enterprise theft of a catalytic converter and, 134 notwithstanding section 2929.31 of the Revised Code, is 135 Sub.

H.

B.

No.

210 Page 6 As Passed by the House punishable by a fine of not less than ten thousand dollars and 136 not more than fifty thousand dollars per violation.

137 (d) The clerk of the court shall pay any fine imposed 138 pursuant to division (B)(10) of this section to the county, 139 township, municipal corporation, park district as created 140 pursuant to section 511.18 or 1545.04 of the Revised Code, or 141 state law enforcement agencies in this state that primarily were 142 responsible for, or involved in, arresting and prosecuting the 143 offender.

144 (e) As used in division (B)(10) of this section, 145 "catalytic converter" has the same meaning as in section 4737.04 146 of the Revised Code.

147 (11) In addition to the penalties described in division 148 (B)(2) of this section, if the offender committed the violation 149 by causing a motor vehicle to leave the premises of an 150 establishment at which gasoline is offered for retail sale 151 without the offender making full payment for gasoline that was 152 dispensed into the fuel tank of the motor vehicle or into 153 another container, the court may do one of the following:

154 (a) Unless division (B)(10)(b)(B)(11)(b) of this section 155 applies, suspend for not more than six months the offender's 156 driver's license, probationary driver's license, commercial 157 driver's license, temporary instruction permit, or nonresident 158 operating privilege;

159 (b) If the offender's driver's license, probationary 160 driver's license, commercial driver's license, temporary 161 instruction permit, or nonresident operating privilege has 162 previously been suspended pursuant to division (B)(10)(a)(B)(11) 163 (a) of this section, impose a class seven suspension of the 164 Sub.

H.

B.

No.

210 Page 7 As Passed by the House offender's license, permit, or privilege from the range 165 specified in division (A)(7) of section 4510.02 of the Revised 166 Code, provided that the suspension shall be for at least six 167 months.;

168 (c) The court, in lieu of suspending the offender's 169 driver's or commercial driver's license, probationary driver's 170 license, temporary instruction permit, or nonresident operating 171 privilege pursuant to division (B)(10)(a)(B)(11)(a) or (b) of 172 this section, instead may require the offender to perform 173 community service for a number of hours determined by the court.

174 (11)(12) In addition to the penalties described in 175 division (B)(2) of this section, if the offender committed the 176 violation by stealing rented property or rental services, the 177 court may order that the offender make restitution pursuant to 178 section 2929.18 or 2929.28 of the Revised Code.

Restitution may 179 include, but is not limited to, the cost of repairing or 180 replacing the stolen property, or the cost of repairing the 181 stolen property and any loss of revenue resulting from 182 deprivation of the property due to theft of rental services that 183 is less than or equal to the actual value of the property at the 184 time it was rented.

Evidence of intent to commit theft of rented 185 property or rental services shall be determined pursuant to the 186 provisions of section 2913.72 of the Revised Code.

187 (C) The sentencing court that suspends an offender's 188 license, permit, or nonresident operating privilege under 189 division (B)(10)(B)(11) of this section may grant the offender 190 limited driving privileges during the period of the suspension 191 in accordance with Chapter 4510.

192 Sec.

193(1) Sub."Bulk merchandise container" has the same meaning as in section 4737.012 of the Revised Code.

(2) "Catalytic converter" and "special purchase article" have the same meanings as in section 4737.04 of the Revised Code.

(3) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.

(4) "Dangerous ordnance" and "firearm" have the same meanings as in section 2923.11 of the Revised Code.

(5) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.

(B) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.

(B) (C) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.

(C) (D) Whoever violates this section is guilty of receiving stolen property.

Except as otherwise provided in this division or division (D) (E) or (F) of this section, receiving stolen property is a misdemeanor of the first degree.

If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, if the property involved is any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree.

If the property involved is a motor vehicle, as defined in section 4501.01 of the Revised Code, if the property involved is a dangerous drug, a firearm, or dangerous ordnance, as Sub.

210 Page136th 8G.A. As Passed by the House (1) "Bulk merchandise container" has the same meaning as 194 in section 4737.012 of the Revised Code.

195defined (2)in "Catalyticsection converter"4729.01 of the Revised Code, or if the value of the property involved is seven thousand five hundred dollars or more and "specialis purchaseless article"than 196one havehundred fifty thousand dollars, or if the sameproperty meaningsinvolved is a firearm or dangerous ordnance, as defined in section 4737.042923.11 of the Revised 197Code, Code.receiving stolen property is a felony of the fourth degree.

198If (3)the "Dangerousvalue drug"of has the sameproperty meaninginvolved asis inone sectionhundred 199fifty 4729.01thousand dollars or more, receiving stolen property is a felony of the Revisedthird Code.degree.

200(D) (4)(E) "DangerousExcept ordnance"as andprovided "firearm"in havedivision (C) (D) of this section with respect to property involved in a violation of this section with a value of seven thousand five hundred dollars or more, if the sameproperty 201involved meaningsin violation of this section is a special purchase article as defined in section 2923.114737.04 of the Revised Code.Codeor a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is receiving a stolen special purchase article or articles or receiving a stolen bulk merchandise container or containers, a felony of the fifth degree.

202(F)(1) (5)Except "Motoras vehicle"otherwise hasprovided in this division, if the sameproperty meaninginvolved asis ina catalytic converter, a violation of this section 203is 4501.01receiving a stolen catalytic converter, a felony of the Revisedfifth Code.degree.

204(2) (B)If Nothe personproperty shallinvolved receive,is retain,a orcatalytic disposeconverter and the offender is a business entity, a violation of 205this propertysection is enterprise receipt of anothera knowingstolen orcatalytic havingconverter reasonableand, causepursuant to 206section believe2929.31 thatof the propertyRevised hasCode, beenis obtainedpunishable throughby commissiona 207fine of anot theftmore offense.than seven thousand five hundred dollars per violation.

208(3) (B)The (C)clerk Itof isthe notcourt ashall defensepay toany afine chargeimposed ofpursuant receivingto 209division stolen(F) property in violation of this section thatto the propertycounty, 210township, wasmunicipal obtainedcorporation, bypark meansdistrict, otheras thancreated throughpursuant theto commissionsection of511.18 aor 2111545.04 theftof offensethe ifRevised theCode, propertyor wasstate explicitlylaw representedenforcement toagencies thein 212this accusedstate personthat asprimarily beingwere obtainedresponsible throughfor theor commissioninvolved ofin aarresting 213and theftprosecuting offense.the offender.

214Sec. (C) (D) Whoever violates this section is guilty of 215 receiving stolen property.

Except as otherwise provided in this 216 division or division (D) (E) or (F) of this section, receiving 217 stolen property is a misdemeanor of the first degree.

If the 218 value of the property involved is one thousand dollars or more 219 and is less than seven thousand five hundred dollars, if the 220 property involved is any of the property listed in section 221 2913.71 of the Revised Code, receiving stolen property is a 222 Sub.

H.

B.

No.

210 Page 9 As Passed by the House felony of the fifth degree.

If the property involved is a motor 223 vehicle, as defined in section 4501.01 of the Revised Code, if 224 the property involved is a dangerous drug, a firearm, or 225 dangerous ordnance, as defined in section 4729.01 of the Revised 226 Code, or if the value of the property involved is seven thousand 227 five hundred dollars or more and is less than one hundred fifty 228 thousand dollars, or if the property involved is a firearm or 229 dangerous ordnance, as defined in section 2923.11 of the Revised 230 Code, receiving stolen property is a felony of the fourth 231 degree.

If the value of the property involved is one hundred 232 fifty thousand dollars or more, receiving stolen property is a 233 felony of the third degree.

234 (D) (E) Except as provided in division (C) (D) of this 235 section with respect to property involved in a violation of this 236 section with a value of seven thousand five hundred dollars or 237 more, if the property involved in violation of this section is a 238 special purchase article as defined in section 4737.04 of the 239 Revised Codeor a bulk merchandise container as defined in 240 section 4737.012 of the Revised Code, a violation of this 241 section is receiving a stolen special purchase article or 242 articles or receiving a stolen bulk merchandise container or 243 containers, a felony of the fifth degree.

244 (F)(1) Except as otherwise provided in this division, if 245 the property involved is a catalytic converter, a violation of 246 this section is receiving a stolen catalytic converter, a felony 247 of the fifth degree.

248 (2) If the offender has previously been convicted of or 249 pleaded guilty to a violation of Chapter 2911.

or 2913.

of the 250 Revised Code, receiving a stolen catalytic converter is a felony 251 of the fourth degree.

252 Sub.

H.

B.

No.

210 Page 10 As Passed by the House (3) If the property involved is a catalytic converter and 253 the offender is a business entity, a violation of this section 254 is enterprise receipt of a stolen catalytic converter and, 255 notwithstanding section 2929.31 of the Revised Code, is 256 punishable by a fine of not less than ten thousand dollars and 257 not more than fifty thousand dollars per violation.

258 (4) The clerk of the court shall pay any fine imposed 259 pursuant to division (F) of this section to the county, 260 township, municipal corporation, park district, as created 261 pursuant to section 511.18 or 1545.04 of the Revised Code, or 262 state law enforcement agencies in this state that primarily were 263 responsible for or involved in arresting and prosecuting the 264 offender.

265 Sec.

(A) Notwithstanding division (A) of section 266 4737.01 of the Revised Code, a dealer who is in the business of 267 purchasing, reselling, exchanging, recycling, shredding, or 268 receiving bulk merchandise containers shall not purchase or 269 receive plastic bulk merchandise containers that are marked with 270 a company name or logo, or more than nine wooden bulk 271 merchandise containers, from any other person at one time, 272 unless the dealer maintains a record book or electronic file in 273 which the dealer keeps an accurate and complete record of all 274 containers purchased or received by the dealer.

Every entry in 275 the record book or electronic file shall be numbered 276 consecutively.

Until the registry developed by the director of 277 public safety pursuant to section 4737.045 of the Revised Code 278 is operational, a dealer shall maintain the record for each 279 container purchased or received for a minimum period of one year 280 after the date the dealer purchased or received the container.

281 Beginning on the date the registry is operational, a dealer 282 shall maintain the record for each container purchased or 283received Sub.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:

Sub.

210 Page136th 11G.A. As Passed by the House received only for a period of sixty days after the date the 284 dealer purchased or received the container.

(1) The directorname shalland 285residence adoptof rulesthe forperson from whom the formatcontainers andwere maintenancepurchased or received, a copy of that person's personal identification card, and, if required, a photograph of the recordsperson 286taken requiredpursuant underto division (B)(2) of this division.section;

287(2) TheA recordsdescription shallof containthe allcontainers, including the number purchased or received and, if required, a photograph of the following:containers taken pursuant to division (B)(1) of this section;

288(3) (1) The namedate and residencetime of the persondealer from whom the 289 containers were purchased or received,received a copy of that person's 290 personal identification card, and, if required, a photograph of 291 the personcontainers; taken pursuant to division (B)(2) of this section;

292(4) (2)If Athe descriptionseller or provider of the containers,containers includingarrives at the numberdealer's 293place purchasedof orbusiness receivedin and,a ifmotor required,vehicle, athe photographlicense plate number of thethat 294motor containersvehicle takenalong pursuantwith tothe divisionstate (B)(1)that ofissued thisthe section;license plate.

295(B) (3)Every Thedealer datewho andis timein the dealerbusiness purchasedof orreselling receivedbulk merchandise containers shall take a photograph, in accordance with rules adopted by the 296director, containers;of both of the following:

297(1) (4)Each Ifcontainer thefor sellerwhich or provider of the containersdealer arrivesmust atmake 298 the dealer's place of business in a motorrecord vehicle,under thedivision license(A) 299 plate number of thatthis motorsection; vehicle along with the state that 300 issued the license plate.

301(2) (B)Each Everyperson dealer who issells inor theotherwise businessgives of reselling bulk 302 merchandise containers shall take a photograph, in accordance 303 with rules adopted by the director,dealer of both of the following:containers.

304The (1)dealer Eachshall containertake forthe whichrequired photographs at the time the dealer mustpurchases makeor areceives the containers and shall keep the photographs as part of the record 305in underaccordance with division (A) of this section;section.

306(C) (2)A Eachdealer person who sellsis in the business of purchasing, reselling, exchanging, recycling, shredding, or otherwisereceiving givesbulk 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 307for which the containers.dealer must make a record under division (A) of this section.

308No The dealer shall takepurchase theor requiredreceive photographsany atbulk themerchandise timecontainer 309for which the dealer purchasesmust ormake receivesa therecord containersunder anddivision shall(A) keepof 310this thesection photographswithout ascomplying partwith ofdivision the(B), record(C), inor accordance(D)divisions with(A)(2), 311(3), Sub.or (4) of section 4737.041 of the Revised Code.

H.(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.

B.Sec.

No.

210 Page 12 As Passed by the House division (A) of this section.

312 (C) A dealer who is in the business of purchasing, 313 reselling, exchanging, recycling, shredding, or receiving bulk 314 merchandise containers shall fulfill the requirements of section 315 4737.041 of the Revised Code with respect to the containers 316 purchased or received by the dealer for which the dealer must 317 make a record under division (A) of this section.

No dealer 318 shall purchase or receive any bulk merchandise container for 319 which the dealer must make a record under division (A) of this 320 section without complying with division (B), (C), or (D) 321 divisions (A)(2) to (4) of section 4737.041 of the Revised Code.

322 (D) As used in this section, "bulk merchandise container" 323 means a plastic or wooden carrier or holder used by a 324 manufacturer or distributor to transport merchandise to 325 wholesale and retail outlets.

326 Sec.

(A) As used in this section and sections 327 4737.041, 4737.042, 4737.043, 4737.044, 4737.045, 4737.046, and 328 4737.99 of the Revised Code:

329 (1) "Scrap metal dealer" means the owner or operator of a 330 business that purchases or receives scrap metal for the purpose 331 of sorting, grading, and shipping metals to third parties for 332 direct or indirect melting into new products.

333 (2) "Special purchase article" means all of the following:

334 (a) Beer kegs;

335 (b) Cable, wire, electrical components, and other 336 equipment used in providing cable service or any utility 337 service, including, but not limited to, copper or aluminum 338 coverings, housings, or enclosures related thereto;

339(c) Grave markers, sculptures, plaques, and vases made out of metal, the appearance of Sub.

210 Page136th 13G.A. As Passed by the House (c) Grave markers, sculptures, plaques, and vases made out 340 of metal, the appearance of which suggests that the articles 341 have been obtained from a cemetery;

342which (d)suggests Guardthat railsthe forarticles bridges,have highways,been andobtained roads;from a cemetery;

highway(d) 343Guard andrails streetfor signs;bridges, highways, and roads;

highway and street signs;

worker access 344 hole covers, water meter covers, and other similar types of 345 utility access covers;

traffic directional and control signs and 346 light signals, metal marked with the name of a political 347 subdivision of the state, and other metal articles that are 348 purchased and installed for use upon authorization of the state 349 or any political subdivision of the state;

350 (e) Historical, commemorative, and memorial markers and 351 plaques made out of metal;

352 (f) Four-wheel metal carts, commonly referred to as 353 "grocery carts," that are generally used by individuals to 354 collect and transport consumer goods while shopping;

355 (g) Four-wheel metal carts, commonly referred to as "metal 356 bossies," that are used to transport or merchandise food 357 products that are stored in crates, shells, or trays;

358 (h) Railroad material, including journal brasses, rail 359 spikes, rails, tie plates, frogs, and communication wire;

360 (i) Metal trays, merchandise containers, or similar 361 transport containers used by a product producer, distributor, 362 retailer, or an agent of a product producer, distributor, or 363 retailer as a means for the bulk transportation, storage, or 364 carrying of retail containers of milk, baked goods, eggs, or 365 bottled beverage products;

366 (j) "Burnt wire," which is any coated metal wire that has 367 been smelted, burned, or melted thereby removing the 368manufacturer's Sub.or owner's identifying marks.

(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) "Catalytic converter" includes a catalytic converter core, diesel particulate filter, and diesel oxidation catalyst.

(6) "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.

(6) (7) "Consumer goods" has the same meaning as in section 1309.102 of the Revised Code.

(7) (8) "Recyclable materials" means the metal materials described in division (C)(5) of this section, on the condition that those metal materials are not special purchase articles.

(8) (9) "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.

Sub.

210 Page136th 14G.A. As Passed by the House manufacturer's or owner's identifying marks.

369(2) (3)No "Bulkperson merchandiseshall container"receive, haspurchase, theor samesell meaninga asspecial 370purchase article or a bulk merchandise container except as in sectionaccordance with sections 4737.012 and 4737.04 to 4737.045 4737.046 of the Revised Code.

371(C) (4)Every "Bulkscrap merchandisemetal containerdealer dealer"shall meansmaintain a record book or electronic file, in which the dealer whoshall 372keep isan subjectaccurate toand sectioncomplete 4737.012record of all articles purchased or received by the Reviseddealer Code.in the course of the dealer's daily business.

373The (5)record "Catalyticshall converter"include includes a catalyticcopy converterof 374any core,check dieselor particulateother filter,traceable andpayment dieseldevice oxidationissued catalyst.pursuant to division (A)(4) of section 4737.041 of the Revised Code.

375On (6)and "Commonafter recycledSeptember matter"11, means2008, bottlesevery andentry otherin 376the containersrecord madebook out of steel, tin, or aluminumelectronic andfile othershall 377be consumernumbered goodsconsecutively thatand, areon metalor thatafter areSeptember recycled28, by2012, individualshall 378be consumersmaintained andfor notinspection in thenumerical bulkorder. or quantity that could be supplied 379 or recycled by large business establishments.

"CommonUntil recycledthe 380registry matter"developed doesby notthe includedirector apursuant metalto traysection used4737.045 byof the Revised Code is operational, a productdealer 381shall producer,maintain distributor,the retailer,record for each article purchased or agentreceived offor a productminimum producer,period 382of distributor,one year after the date the dealer purchased or retailerreceived asthe aarticle, meansexcept forthat the bulkdealer transportation,shall 383maintain storage,the orphotograph carryingrequired under division (I) of retailthis containerssection only for a period of milk,sixty bakeddays goods,after 384the eggs,dealer purchased or bottledreceived beveragethe products.article.

385Beginning (6)on (7)the "Consumerdate goods"the hasregistry is operational, a dealer shall maintain the samerecord meaningfor aseach inarticle 386purchased sectionor 1309.102received only for a period of sixty days after the Reviseddate Code.the dealer purchased or received the article.

387The (7)director (8)shall "Recyclableadopt materials"rules meansfor the metalformat materialsand 388maintenance described in division (C)(5) of this section, on the conditionrecords 389required thatunder thosethis metaldivision. materials are not special purchase articles.

390The (8)records (9)shall "Motorcontain vehicle"all has the same meaning as in section 391 4501.01 of the Revisedfollowing: Code.

392(1) (B)(1)The Noname personand shallresidence engageof in the businessperson offrom scrapwhom 393the metalarticles dealingwere purchased or actreceived, as a bulkcopy merchandiseof containerthat dealerperson's 394personal withoutidentification firstcard, registeringand witha thephotograph director of publicthe safetyperson intaken 395pursuant accordanceto withdivision section(I) 4737.045 of thethis Revisedsection; Code.

396(2) Sub.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, 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";

Sub.

210 Page136th 15G.A. As Passed by the House (2) No person shall receive, purchase, or sell a special 397 purchase article or a bulk merchandise container except as in 398 accordance with sections 4737.012 and 4737.04 to 4737.045 399 4737.046 of the Revised Code.

400(e) (C)"Aluminum Every scrap metal dealer shall maintain a record book 401 or electroniccopper file,radiators," in which theincludes dealeraluminum shallradiators, keepaluminum ancopper accurateradiators, 402 and completecopper recordradiators; of all articles purchased or received by the 403 dealer in the course of the dealer's daily business.

The(f) record"Red 404brass," shallwhich includeincludes ared copybrass ofvalues anyand checkother issuedred pursuantbrass; to division 405 (A)(4) of section 4737.041 of the Revised Code.

On(g) and"Yellow afterbrass," 406which Septemberincludes 11,yellow 2008,brass everyfixtures, entryyellow inbrass thevalve recordand bookfitting, orornamental electronicbrass, 407and fileother shallyellow bebrass; numbered consecutively and, on or after September 408 28, 2012, shall be maintained for inspection in numerical order.

409(h) Until"Aluminum thesheet"; registry developed by the director pursuant to section 410 4737.045 of the Revised Code is operational, a dealer shall 411 maintain the record for each article purchased or received for a 412 minimum period of one year after the date the dealer purchased 413 or received the article, except that the dealer shall maintain 414 the photograph required under division (I) of this section only 415 for a period of sixty days after the dealer purchased or 416 received the article.

Beginning(i) on"Aluminum theextrusions," datewhich theincludes registryaluminum isbleachers, 417aluminum operational,benches, aaluminum dealerframes, shallaluminum maintainpipe, theand recordother foraluminum eachextrusions; article 418 purchased or received only for a period of sixty days after the 419 date the dealer purchased or received the article.

The(j) director"Cast 420aluminum," shallwhich adoptincludes rulesaluminum forgrills, thelawnmower formatdecks andmade maintenance of thealuminum, recordsaluminum 421motor requiredvehicle underparts thisand division.rims, and other cast aluminum;

422(k) The"Clean recordsaluminum shallwire"; contain all of the following:

423(l) (1)"Unclean Thealuminum namewire"; and residence of the person from whom the 424 articles were purchased or received, a copy of that person's 425 personal identification card, and a photograph of the person 426 Sub.

(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;

(s) "Sheet irons," which includes bicycles, motor vehicle body parts made of iron, and other items made using sheet iron;

(t) "Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators, and other nonbody motor vehicle parts;

(u) "Catalytic converters";

(v) "Lead";

(w) "Electric motors";

(x) "Electronic scrap," which includes any consumer or commercial electronic equipment such as computers, servers, routers, video displays, and similar products.

(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 a scrap metal dealer for a period of thirty days after being purchased or acquired.

(E)(1) The records required under division (C) of this section or under section 4737.012 of Sub.

210 Page136th 16G.A. As Passed by the House taken pursuant to division (I) of this section;

427the (2)Revised TheCode dateshall andbe timeopen for inspection by the scraprepresentative metalof dealerany purchasedlaw orenforcement 428agency, receivedrailroad thepolice articlesofficers, and the weightdirector of thepublic articlessafety asor 429the determineddirector's bydesignated arepresentative licensedduring commercialall scale;business hours.

430A (3)scrap Ifmetal thedealer seller or providerbulk ofmerchandise thecontainer articlesdealer arrivesshall atdo 431both theall dealer's place of business in a motor vehicle, the licensefollowing: 432 plate number of that motor vehicle along with the state that 433 issued the license plate;

434(a) (4)Provide For metal articles that are not recyclable materials, 435 a fullcopy and accurate description of eachthose articlerecords purchasedto orany 436law receivedenforcement byagency the dealer that includes identifying letters or 437railroad markspolice written,officer inscribed,that orrequests otherwise included on the articlerecords 438or andto the namedirector andor makerdirector's ofrepresentative, theupon articlerequest; if known;

439(b) (5)Prepare Fora recyclabledaily materialselectronic thatreport, arethe notcontent specialand purchaseformat 440of articles,which theshall followingbe categoryestablished codesin torules identifyadopted by the 441director, recyclablelisting materialsall retail transactions that occurred during the dealerpreceding receives: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.

442The (a)dealer "Numbershall oneelectronically copper,"transfer, whichby includestwelve cleannoon coppereastern pipe,standard 443time, cleanthe copperreport wire,to orthe otherdirector numberof onepublic coppersafety thatfor doesinclusion notin havethe 444registry solder,created paint,pursuant orto coating;division (E) of section 4737.045 of the Revised Code.

445(2) (b)A "Numberlaw twoenforcement copper,"agency whichmay includesinspect uncleanany copperphotographic 446records pipe,collected uncleanand coppermaintained wire,by ora otherscrap numbermetal twodealer copper;of either yard operations or individual transactions.

447Records (c)submitted "Sheetto copper,"any whichlaw includesenforcement copperagency roofing,pursuant copperto 448this gutters,section copperare downspouts,not andpublic otherrecords sheetfor copper;purposes of section 149.43 of the Revised Code.

449(3) (d)Records "Insulatedsubmitted copperto wire";any law enforcement agency, railroad police officer, or the director of public safety or the director's designated representative as required by section 4737.012 of the Revised Code and sections 4737.04 to 4737.045 4737.046 of the Revised Code shall not be public records for the purposes of section 149.43 of the Revised Code.

450(4) (e)Notwithstanding "Aluminumdivision or(E)(3) copperof radiators,"this whichsection, includesthe 451names aluminumand radiators,addresses aluminumof copperscrap radiators,metal dealers and copperbulk 452merchandise radiators;container dealers shall be made available to the public by the director upon request.

453(5) Sub.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.

(6) The director of public safety shall impose a civil penalty of five hundred dollars on a person who violates division (E)(1)(b) of this section, including any person who concurrently violates division (E)(2) of section 4737.046 of the Revised Code.

The director shall impose an additional fine of five hundred dollars for each day the violation continues.

The director shall deposit the fine into the state treasury to the credit of the infrastructure protection fund created under section 4737.045 of the Revised Code.

Sub.

210 Page136th 17G.A. As Passed by the House (f) "Red brass," which includes red brass values and other 454 red brass;

455(7) (g)The "Yellowdirector brass,"of whichpublic includessafety yellowshall brasssuspend, fixtures,in 456accordance yellowwith brassChapter valve119. and fitting, ornamental brass, and other 457 yellow brass;

458of (h)the "AluminumRevised sheet";Code, the registration of a person that violates division (E)(1)(b) of this section until such time as the director determines that the person has taken necessary steps to comply with that division.

459A (i)person "Aluminumwhose extrusions,"registration whichis includessuspended aluminumunder 460this bleachers,division aluminummay benches,petition aluminumthe frames,director aluminumfor pipe,reinstatement andnot 461more otherthan aluminumonce extrusions;every ninety days.

462The (j)director's "Castdetermination aluminum,"as whichto includeswhether aluminumto grills,grant 463such lawnmowera deckspetition madeand ofreinstate aluminum,the aluminumperson's motorregistration vehicleis partssubject 464to andappeal rims,under andsection other119.12 castof aluminum;the Revised Code.

465(F)(1) (k)No "Cleanscrap aluminummetal wire";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.

466(2) (l)The "Uncleanlaw aluminumenforcement wire";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 thieves or receivers of stolen property.

467The (m)law "Aluminumenforcement exteriors,"agency whichmay includesrequest aluminumthe siding,appropriate 468clerk aluminumof gutterscourts andto downspouts,provide aluminumthe shutters,list. aluminum 469 trim, and other aluminum exterior items;

470No (n)scrap "Contaminatedmetal aluminum";dealer or bulk merchandise container dealer shall purchase or receive articles from any person who is either identified on the list the dealer receives from the law enforcement agency, or who appears on the lists made available by the director pursuant to division (E) of section 4737.045 of the Revised Code.

471The (o)law "Stainlessenforcement steel,"agency whichalso includes,shall sinks,provide appliancethe 472list, housing,in dishes,an pots,electronic pans,format, pipe,to andthe otherdepartment itemsof madepublic outsafety, in an electronic format in accordance with rules adopted by the director, for inclusion in the registry created in under division (E) of 473section stainless4737.045 steel;of the Revised Code.

474(3) (p)A "Largelaw appliances,"enforcement whichagency includesshall consumersubmit all records of any investigation into a scrap metal dealer or bulk merchandise container dealer related to the practice of buying and otherselling 475scrap appliances;to the registry created pursuant to division (E) of section 4737.045 of the Revised Code.

476(4) (q)No "Steelscrap structural,"metal whichdealer includesor allbulk structuralmerchandise 477container steeldealer suchshall aspurchase I-beams,or trusses,receive channelany iron,special andpurchase similararticles steelor 478bulk merchandise containers from buildings;any person who is under eighteen years of age.

479(4) (r)(5) "MiscellaneousNo steel,"scrap whichmetal includesdealer steelshall grates,purchase 480or Sub.receive any special purchase article without complying with division (C) and (I) of this section and division (B), (C), or (D)divisions (A)(2), (3), or (4) of section 4737.041 of the Revised Code.

(5) (6) 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) (7) 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 Sub.

210 Page136th 18G.A. As Passed by the House steel farm machinery, steel industrial machinery, steel motor 481 vehicle frames, and other items made out of steel;

482Revised (s)Code "Sheetor irons,"an whichagent includesauthorized bicycles,by motorthe vehiclemanufacturer 483to bodydispose parts made of iron,damaged andkegs. other items made using sheet iron;

484(7) (t)(8) "MotorNo vehiclescrap nonbodymetal parts,"dealer whichshall includestreat motora 485transaction vehicleas batteries,exempt radiators,from andsection other4737.04 nonbodyor motor4737.041 vehicleof 486the parts;Revised Code unless the seller scrap metal dealer provides evidence of satisfying one or more of the exceptions described in division (D)(3) (A) of section 4737.043 of the Revised Code.

487(G)(G)(1) (u)Every "Catalyticscrap converters";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:

488(1) (v)(a) "Lead";Provides a false personal identification card to the dealer;

489(2) (w)(b) "ElectricWith motors";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 (C) of this section or under section 4737.012 of the Revised Code;

490(3) (x)(c) "ElectronicViolates scrap,"section which2913.02 includesof anythe consumerRevised orCode. 491 commercial electronic equipment such as computers, servers, 492 routers, video displays, and similar products.

493(2)(a) (6)Every Forscrap recyclablemetal materialsdealer thatand arebulk specialmerchandise purchasecontainer 494dealer articles,shall thepost relevanta categorycopy providedof its registration in divisiona (A)(2)conspicuous ofplace 495on thisthe section.dealer's premises.

496(b) (D)The Railroaddirector material,of includingpublic journalsafety brasses,shall railimpose 497a spikes,civil rails,penalty tieof plates,five frogs,hundred anddollars communicationon wire,any otherperson 498who thanviolates purchasesdivision and(G)(2)(a) salesof underthis sectionssection 4973.13and toshall 4973.16deposit ofthat 499penalty into the Revisedstate Code,treasury shallto bethe heldcredit byof athe scrapinfrastructure metalprotection dealerfund forcreated aunder 500section period4737.045 of thirtythe daysRevised afterCode. being purchased or acquired.

501(H)(1) (E)(1)Except Theas recordsotherwise requiredprovided underin division (C)(F)(2) of this 502section, sectiona orclerk under section 4737.012 of thecourts Revisedor Codean shallemployee be 503 open for inspection by the representative of anya lawclerk enforcement 504 agency, railroad police officers, and the director of publiccourts; 505 safety or the director's designated representative during all 506 business hours.

Aa scrapchief metalof dealerpolice, marshal, or bulkother merchandisechief 507law containerenforcement dealerofficer; shall do both all of the following:

508a Sub.sheriff, constable, or chief of police of a township police department or police district police force;

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 (F)(2) of this section.

(2) The immunity described in division (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 Sub.

210 Page136th 19G.A. As Passed by the House (a) Provide a copy of those records to any law enforcement 509 agency or railroad police officer that requests the records or 510 to the director or director's representative, upon request;

511make (b)record Prepareunder a daily electronic report, the content and 512 format of which shall be established in rules adopted by the 513 director, listing all retail transactions that occurred during 514 the preceding day and containing the information described in 515 division (C) of this sectionsection. or division (A) of section 4737.012 516 of the Revised Code, as applicable.

The dealer shall 517take electronicallythe transfer,required byphotograph twelveat noonthe easterntime standardthe time,dealer 518purchases theor reportreceives to the directorarticle ofand publicshall safetykeep forthe inclusionphotograph inas thepart 519of registrythe createdrecord pursuantin toaccordance with division (E)(C) of sectionthis 4737.045section. of 520 the Revised Code.

521(J)(1) (2)An Aindividual lawlisted enforcementas agencya known thief or receiver of stolen property on a list prepared pursuant to division (F)(2) of this section may inspectrequest anythat photographicthe 522individual's recordsname collectedbe andremoved maintainedfrom the list by afiling scrapan metalapplication dealerwith ofthe 523law eitherenforcement yardagency operationsresponsible orfor individualpreparing transactions.the list.

Records(2) 524A submitted to any law enforcement agency pursuantreceiving toan application in accordance with division (J)(1) of this section 525shall areremove notthe publicapplicant's recordsname forfrom purposesthe list of sectionknown 149.43thieves and receivers of stolen property if the 526individual has not been convicted of or pleaded guilty to either a misdemeanor that is a theft offense, as defined in section 2913.01 of the Revised Code.Code, within three years immediately prior to the date of the application or a felony that is a theft offense within six years immediately prior to the date of the application.

527Sec. (3) Records submitted to any law enforcement agency, 528 railroad police officer, or the director of public safety or the 529 director's designated representative as required by section 530 4737.012 of the Revised Code and sections 4737.04 to 4737.045 531 4737.046 of the Revised Code shall not be public records for the 532 purposes of section 149.43 of the Revised Code.

533 (4) Notwithstanding division (E)(3) of this section, the 534 names and addresses of scrap metal dealers and bulk merchandise 535 container dealers shall be made available to the public by the 536 director upon request.

537 Sub.

H.

B.

No.

210 Page 20 As Passed by the House (5) A person who claims to own a stolen article that may 538 be identified in those records, or an agent of that person, who 539 provides proof of having filed a stolen property report with the 540 appropriate law enforcement agency, may request those records.

541 The law enforcement agency shall provide those records upon a 542 request made by such a person or that person's agent, but the 543 law enforcement agency shall redact information that reveals the 544 name of the seller of any article and the price the dealer paid 545 for any article the dealer purchased or the estimated value of 546 any article the dealer received.

The law enforcement agency 547 shall determine which records to provide, based upon the time 548 period that the alleged theft is reported to have taken place.

A 549 law enforcement agency may charge or collect a fee for providing 550 records as required by this section.

551 (6) The director of public safety shall impose a civil 552 penalty of five hundred dollars on a person who violates 553 division (E)(1)(b) of this section, including any person who 554 concurrently violates division (E)(2) of section 4737.046 of the 555 Revised Code.

The director shall impose an additional fine of 556 five hundred dollars for each day the violation continues.

The 557 director shall deposit the fine into the state treasury to the 558 credit of the infrastructure protection fund created under 559 section 4737.045 of the Revised Code.

560 (7) The director of public safety shall suspend, in 561 accordance with Chapter 119.

of the Revised Code, the 562 registration of a person that violates division (E)(1)(b) of 563 this section until such time as the director determines that the 564 person has taken necessary steps to comply with that division.

A 565 person whose registration is suspended under this division may 566 petition the director for reinstatement not more than once every 567 ninety days.

The director's determination as to whether to grant 568 Sub.

H.

B.

No.

210 Page 21 As Passed by the House such a petition and reinstate the person's registration is 569 subject to appeal under section 119.12 of the Revised Code.

570 (F)(1) No scrap metal dealer shall purchase or receive any 571 metal articles, and no bulk merchandise container dealer shall 572 purchase or receive any bulk merchandise containers, from a 573 person who refuses to show the dealer the person's personal 574 identification card, or who refuses to allow the dealer to take 575 a photograph of the person as required under division (I) of 576 this section or of the person or container as required under 577 division (B) of section 4737.012 of the Revised Code.

578 (2) The law enforcement agency that serves the 579 jurisdiction in which a scrap metal dealer or a bulk merchandise 580 container dealer is located shall provide to the scrap metal 581 dealer or bulk merchandise container dealer a searchable, 582 electronic list prepared in accordance with rules adopted by the 583 director, as that agency determines appropriate, of the names 584 and descriptions of persons known to be thieves or receivers of 585 stolen property.

The law enforcement agency may request the 586 appropriate clerk of courts to provide the list.

No scrap metal 587 dealer or bulk merchandise container dealer shall purchase or 588 receive articles from any person who is either identified on the 589 list the dealer receives from the law enforcement agency, or who 590 appears on the lists made available by the director pursuant to 591 division (E) of section 4737.045 of the Revised Code.

The law 592 enforcement agency also shall provide the list, in an electronic 593 format, to the department of public safety, in an electronic 594 format in accordance with rules adopted by the director, for 595 inclusion in the registry created in under division (E) of 596 section 4737.045 of the Revised Code.

597 (3) A law enforcement agency shall submit all records of 598 Sub.

H.

B.

No.

210 Page 22 As Passed by the House any investigation into a scrap metal dealer or bulk merchandise 599 container dealer to the registry created pursuant to division 600 (E) of section 4737.045 of the Revised Code.

601 (4) No scrap metal dealer or bulk merchandise container 602 dealer shall purchase or receive any special purchase articles 603 or bulk merchandise containers from any person who is under 604 eighteen years of age.

605 (4) (5) No scrap metal dealer shall purchase or receive 606 any special purchase article without complying with division (C) 607 and (I) of this section and division (B), (C), or (D) divisions 608 (A)(2) to (4) of section 4737.041 of the Revised Code.

609 (5) (6) No scrap metal dealer shall purchase or receive 610 more than one catalytic converter per day from the same person 611 except from a motor vehicle dealer as defined in section 4517.01 612 of the Revised Code.

613 (6) (7) No scrap metal dealer shall purchase or receive a 614 beer keg that is marked with a company name or logo except from 615 a manufacturer of beer as described in section 4303.02 of the 616 Revised Code or an agent authorized by the manufacturer to 617 dispose of damaged kegs.

618 (7) (8) No scrap metal dealer shall treat a transaction as 619 exempt from section 4737.04 or 4737.041 of the Revised Code 620 unless the seller scrap metal dealer provides evidence of 621 satisfying one or more of the exceptions described in division 622 (D)(3) (A) of section 4737.043 of the Revised Code.

623 (G)(G)(1) Every scrap metal dealer and bulk merchandise 624 container dealer shall post a notice in a conspicuous place on 625 the dealer's premises notifying persons who may wish to transact 626 business with the dealer of the penalties applicable to any 627 Sub.

H.

B.

No.

210 Page 23 As Passed by the House person who does any of the following:

628 (1) (a) Provides a false personal identification card to 629 the dealer;

630 (2) (b) With purpose to defraud, provides any other false 631 information to the dealer in connection with the dealer's duty 632 to maintain the records required under division (C) of this 633 section or under section 4737.012 of the Revised Code;

634 (3) (c) Violates section 2913.02 of the Revised Code.

635 (2)(a) Every scrap metal dealer and bulk merchandise 636 container dealer shall post a copy of its registration in a 637 conspicuous place on the dealer's premises.

638 (b) The director of public safety shall impose a civil 639 penalty of five hundred dollars on any person who violates 640 division (G)(2)(a) of this section and shall deposit that 641 penalty into the state treasury to the credit of the 642 infrastructure protection fund created under section 4737.045 of 643 the Revised Code.

644 (H)(1) Except as otherwise provided in division (F)(2) of 645 this section, a clerk of courts or an employee of a clerk of 646 courts;

a chief of police, marshal, or other chief law 647 enforcement officer;

a sheriff, constable, or chief of police of 648 a township police department or police district police force;

a 649 deputy, officer, or employee of the law enforcement agency 650 served by the marshal or the municipal or township chief, the 651 office of the sheriff, or the constable;

and an employee of the 652 department of public safety is immune from liability in a civil 653 action, including an action for defamation, libel, or slander, 654 to recover damages for injury, death, or loss to persons or 655 property or reputation allegedly caused by an act or omission in 656 Sub.

H.

B.

No.

210 Page 24 As Passed by the House connection with compiling and providing the list required by 657 division (F)(2) of this section.

658 (2) The immunity described in division (H)(1) of this 659 section does not apply to a person described in that division 660 if, in relation to the act or omission in question, any of the 661 following applies:

662 (a) The act or omission was manifestly outside the scope 663 of the person's employment or official responsibilities.

664 (b) The act or omission was with malicious purpose, in bad 665 faith, or in a wanton or reckless manner.

666 (c) Liability for the act or omission is expressly imposed 667 by a section of the Revised Code.

668 (I) Every scrap metal dealer shall take a photograph, in 669 accordance with rules adopted by the director, of each person 670 who sells or otherwise gives the dealer an article for which the 671 dealer must make record under division (C) of this section.

672 The dealer shall take the required photograph at the time 673 the dealer purchases or receives the article and shall keep the 674 photograph as part of the record in accordance with division (C) 675 of this section.

676 (J)(1) An individual listed as a known thief or receiver 677 of stolen property on a list prepared pursuant to division (F) 678 (2) of this section may request that the individual's name be 679 removed from the list by filing an application with the law 680 enforcement agency responsible for preparing the list.

681 (2) A law enforcement agency receiving an application in 682 accordance with division (J)(1) of this section shall remove the 683 applicant's name from the list of known thieves and receivers of 684 Sub.

H.

B.

No.

210 Page 25 As Passed by the House stolen property if the individual has not been convicted of or 685 pleaded guilty to either a misdemeanor that is a theft offense, 686 as defined in section 2913.01 of the Revised Code, within three 687 years immediately prior to the date of the application or a 688 felony that is a theft offense within six years immediately 689 prior to the date of the application.

690 (K) A scrap metal dealer that sells or otherwise transfers 691 a catalytic converter to any person other than an individual 692 shall provide the director with all of the following:

693 (1) A copy of the scrap metal dealer's primary owner's 694 driver's license or state identification card;

695 (2) The scrap metal dealer's federal employer 696 identification number;

697 (3) The scrap metal dealer's permanent physical address, 698 which shall not be a post office box;

699 (4) Any additional information required by the director.

700 Sec.

(A) A scrap metal dealer or bulk 701 merchandise container dealer shall do all of the following with 702 respect to each special purchase article or catalytic converter 703 the scrap metal dealer purchases or receives or with respect to 704 each bulk merchandise container a bulk merchandise container 705 dealer purchases or receives that is subject to division (A) of 706 section 4737.012 of the Revised Code:

707 (A) (1) Comply with the requirements of this section in 708 addition to complying with the applicable requirements of 709 section 4737.012 or 4737.04 of the Revised Code;

710 (B) (2) Take a photograph of each special purchase 711article article, catalytic converter, or bulk merchandise container;

712(C) Sub.(3) Obtain from the seller or provider of the special purchase article, catalytic converter, or bulk merchandise container proof that the seller or provider owns the special purchase article, catalytic converter, or bulk merchandise container;.

Subject to division (C) of this section, if the item is a catalytic converter, only the following items constitute proof of ownership:

(a) If the seller or provider is the owner of the motor vehicle from which the catalytic converter was removed, either of the following:

(i) Title to or registration of the vehicle from which the catalytic converter was removed;

(ii) A bill, invoice, or receipt from a motor vehicle collision repair operator as defined in section 4775.01 of the Revised Code or a motor vehicle dealer as defined in section 4517.01 of the Revised Code that clearly indicates both of the following:

(I) The removal and replacement of the catalytic converter;

(II) The make, model, year, and vehicle identification number of the motor vehicle that was repaired.

(b) If the seller or provider is the motor vehicle collision repair operator or motor vehicle dealer that repaired the motor vehicle from which the catalytic converter was removed, both of the following:

(i) The motor vehicle collision repair operator's registration certificate or motor vehicle Sub.

210 Page136th 26G.A. As Passed by the House (C) (3) Obtain from the seller or provider of the special 713 purchase article, catalytic converter, or bulk merchandise 714 container proof that the seller or provider owns the special 715 purchase article, catalytic converter, or bulk merchandise 716 container;.

Subjectdealer's tolicense divisionnumber; (C) of this section, if the item 717 is a catalytic converter, only the following items constitute 718 proof of ownership:

719(ii) (a)A Ifbill, theinvoice, seller or providerreceipt isthat theclearly ownerindicates ofboth the motor 720 vehicle from which the catalytic converter was removed, either 721 of the following:

722(I) (i)The Titleremoval toand orreplacement registration of the vehicle from which the 723 catalytic converterconverter; was removed;

724(II) (ii)The Amake, bill,model, invoice,year, orand receipt from a motor vehicle 725identification collisionnumber repair operator as defined in section 4775.01 of the 726 Revised Code or a motor vehicle dealer as defined in section 727 4517.01 of the Revised Code that clearlywas indicatesrepaired. both of the 728 following:

729(D) (I)(4) TheIf removalpayment andis replacementrendered for the special purchase articles, catalytic converters, or bulk merchandise containers, issue a check or some other traceable payment device, as defined by the department of public safety in rule, which shall not include cash payments, for the purchase of the special purchase articles, catalytic 730converters, converter;or bulk merchandise containers;

731(E) (II)(5) TheWithhold make,payment model,for year,the andpurchase vehicleof identificationthe 732special numberpurchase articles or bulk merchandise containers for a period of two days after the motorday vehiclethe thatspecial waspurchase repaired.articles or bulk merchandise containers are purchased;

733(F) (b)(6) If thean sellerasserted owner of stolen special purchase articles or providerbulk ismerchandise containers or that owner's agent provides proof of having filed a stolen property report with the motorappropriate vehiclelaw 734enforcement collisionagency, repairmake operatorrecords describing special purchase articles or motorbulk vehiclemerchandise containers the 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 repairedthe 735dealer shall withhold the motorname vehicleof the person from whichwhom the catalyticspecial converterpurchase wasarticles 736or removed,bulk bothmerchandise ofcontainers were purchased or received and the following:amount paid for the special purchase articles or bulk merchandise containers.

737(B) (i)A Theperson, motorother vehiclethan collisiona repairscrap operator'smetal 738dealer registration certificate or a motor vehicle dealer'sdealer licenselicensed 739under number;Chapter 4517.

740of Sub.the Revised Code, when receiving a used catalytic converter in the ordinary course of business, including a person licensed or registered under Chapter 4737., 4738., or 4775.

of the Revised Code, shall meet the requirements of divisions (A)(1), (3), and (4) of this section with respect to each used catalytic converter the person purchases or receives as if the person were a scrap metal dealer, including the requirements of divisions (C), (E), and (F) of section 4737.04 of the Revised Code.

No person described in this division shall recklessly fail to comply with this division.

(C)(1) Not later than ninety days after the effective date of this amendment, the director of public safety shall create an affidavit form and publish the form on a publicly available web site maintained by the department of public safety.

(2) The affidavit form shall include the name and contact information of the seller or provider, a statement of the reasons the seller or provider is unable to produce the items described in division (A)(3) of this section, and any other information and documents required by the director.

(3) A scrap metal dealer, bulk merchandise container dealer, or person described in division (B) of this section may accept an affidavit form that is completed and signed by a seller or provider who is a natural person in lieu of the items otherwise required to establish ownership of a catalytic converter under division (A)(3) of this section.

(4) Whoever knowingly makes a false statement on an affidavit described in division (C) of Sub.

210 Page136th 27G.A. As Passed by the House (ii) A bill, invoice, or receipt that clearly indicates 741 both of the following:

742this (I)section Theis removalguilty andof replacementthe offense of thefalsification catalyticunder 743section converter;2921.13 of the Revised Code.

744Sec. (II) The make, model, year, and vehicle identification 745 number of the motor vehicle that was repaired.

746 (D) (4) If payment is rendered for the special purchase 747 articles, catalytic converters, or bulk merchandise containers, 748 issue a check for the purchase of the special purchase articles, 749 catalytic converters, or bulk merchandise containers;

750 (E) (5) Withhold payment for the purchase of the special 751 purchase articles, catalytic converters, or bulk merchandise 752 containers for a period of two days after the day the special 753 purchase articles, catalytic converters, or bulk merchandise 754 containers are purchased;

755 (F) (6) If an asserted owner of stolen special purchase 756 articles, catalytic converters, or bulk merchandise containers 757 or that owner's agent provides proof of having filed a stolen 758 property report with the appropriate law enforcement agency, 759 make records describing special purchase articles, catalytic 760 converters, or bulk merchandise containers the dealer purchased 761 or received after the alleged date of theft available for 762 inspection to the asserted owner or owner's agent for a period 763 of six months after the alleged date of theft of the articles, 764 except that the dealer shall withhold the name of the person 765 from whom the special purchase articles, catalytic converters, 766 or bulk merchandise containers were purchased or received and 767 the amount paid for the special purchase articles, catalytic 768 converters, or bulk merchandise containers.

769 Sub.

H.

B.

No.

210 Page 28 As Passed by the House (B) A person, other than a scrap metal dealer or a motor 770 vehicle dealer licensed under Chapter 4517.

of the Revised Code, 771 when receiving a used catalytic converter in the ordinary course 772 of business, including a person licensed or registered under 773 Chapter 4737., 4738., or 4775.

of the Revised Code, shall meet 774 the requirements of division (A) of this section with respect to 775 each used catalytic converter the person purchases or receives 776 as if the person were a scrap metal dealer, including the 777 requirements of divisions (C), (E), (F), and (K) of section 778 4737.04 of the Revised Code.

No person described in this 779 division shall recklessly fail to comply with this division.

780 (C)(1) Not later than ninety days after the effective date 781 of this amendment, the director of public safety shall create an 782 affidavit form and publish the form on a publicly available web 783 site maintained by the department of public safety.

784 (2) The affidavit form shall include the name and contact 785 information of the seller or provider, a statement of the 786 reasons the seller or provider is unable to produce the items 787 described in division (A)(3) of this section, and any other 788 information and documents required by the director.

789 (3) A scrap metal dealer, bulk merchandise container 790 dealer, or person described in division (B) of this section may 791 accept an affidavit form that is completed and signed by a 792 seller or provider who is a natural person in lieu of the items 793 otherwise required to establish ownership of a catalytic 794 converter under division (A)(3) of this section.

795 (4) Whoever knowingly makes a false statement on an 796 affidavit described in division (C) of this section is guilty of 797 the offense of falsification under section 2921.13 of the 798 Revised Code.

799 Sub.

H.

B.

No.

210 Page 29 As Passed by the House Sec.

Sections (A) Subject to division (B) of 800 this section, sections 4737.04 and 4737.041 of the Revised Code 801 do not apply with respect to any of the following:

802 (A) (1) The donation of articles to nonprofit 803 organizations or to any other person, on the condition that the 804 person donating the articles receives no payment or any other 805 valuable consideration in exchange for or due to donating the 806 articles;

807 (B) (2) The sale or donation of common recycled matter;

808 (C) (3) Sales transacted between a scrap metal dealer and 809 an organization that is exempt from federal taxation under 810 section 501(c)(3) of the "Internal Revenue Code of 1986," 100 811 Stat.

285, 26 U.S.C.

501(c)(3), as amended, and that collects, 812 for its own fundraising purposes, scrap ferrous and nonferrous 813 metals for recycling rather than disposal;

814 (D) (4) Sales transacted between a scrap metal dealer and 815 a government unit or another business, including a demolition 816 company, public utility company, or another scrap metal dealer, 817 on the condition that the government unit or business satisfies 818 the following criteria:

819 (1) (a) In the course of providing the government unit's 820 or business's services to others or maintaining the government 821 unit's or business's property, whether onsite or offsite, the 822 government unit or business generates scrap ferrous and 823 nonferrous metals for recycling rather than disposal.

824 (2) (b) If the sales transaction involves a government 825 unit, reference to the government unit as a bona fide unit of 826 government can be readily found by the public.

827 (3) (c) If the sales transaction involves a business, the 828business Sub.satisfies one of the following criteria:

(a) (i) The business is registered with the secretary of state.

(b) (ii) The business has been issued a license under section 5739.17 of the Revised Code.

(c) (iii) The business advertises its services in a newspaper of general circulation once a week for not less than six consecutive months or provides a receipt showing payment for such advertising, a telephone book, electronic media that is available to the public, or some other type of media that is owned and operated by a person other than the business and, if an individual operates the business, the individual advertising the business has a specific place of business that is not the individual's permanent home residence.

(4) (d) The government unit provides proof of compliance with division (D)(2) (A)(4)(b) of this section or the business provides proof of compliance with division (D)(3) (A)(4)(c) of this section to the scrap metal dealer with whom the government unit or business transacts business.

(E) (5) Sales transacted between a scrap metal dealer and a person whose primary business is to create products that result in bulk quantities of ferrous and nonferrous metal used for recycling rather than disposal.

(F)(6) Sales of catalytic converters transacted between a scrap metal dealer and a motor vehicle dealer as defined in section 4517.01 of the Revised Code.

(B) No provision of sections 4737.04 and 4737.041 of the Revised Code that is specific to Sub.

210 Page136th 30G.A. As Passed by the House business satisfies one of the following criteria:

829sales (a)or (i)donations Theof businesscatalytic converters applies to a sale or donation of a motor vehicle, even if a catalytic converter is registereda withcomponent theor secretarypart of 830such state.motor vehicle.

831Sec. (b) (ii) The business has been issued a license under 832 section 5739.17 of the Revised Code.

833 (c) (iii) The business advertises its services in a 834 newspaper of general circulation once a week for not less than 835 six consecutive months or provides a receipt showing payment for 836 such advertising, a telephone book, electronic media that is 837 available to the public, or some other type of media that is 838 owned and operated by a person other than the business and, if 839 an individual operates the business, the individual advertising 840 the business has a specific place of business that is not the 841 individual's permanent home residence.

842 (4) (d) The government unit provides proof of compliance 843 with division (D)(2) (A)(4)(b) of this section or the business 844 provides proof of compliance with division (D)(3) (A)(4)(c) of 845 this section to the scrap metal dealer with whom the government 846 unit or business transacts business.

847 (E) (5) Sales transacted between a scrap metal dealer and 848 a person whose primary business is to create products that 849 result in bulk quantities of ferrous and nonferrous metal used 850 for recycling rather than disposal.

851 (F) Sales of catalytic converters transacted between a 852 scrap metal dealer and a motor vehicle dealer as defined in 853 section 4517.01 of the Revised Code.

854 (B) No provision of sections 4737.04 and 4737.041 of the 855 Revised Code that is specific to sales or donations of catalytic 856 converters applies to a sale or donation of a motor vehicle, 857 Sub.

H.

B.

No.

210 Page 31 As Passed by the House even if a catalytic converter is a component or part of such 858 motor vehicle.

The exceptions described in division (A) of this 859 section do not apply to sales or donations of catalytic 860 converters.

861 Sec.

(A) To register as a scrap metal dealer or 862 a bulk merchandise container dealer with the director of public 863 safety as required by division (B) of section 4737.04 of the 864 Revised Code, a person shall do all of the following:

865 (1) Provide the name and street address of the dealer's 866 place of business;

867 (2) Provide the name of the primary owner of the business, 868 and of the manager of the business, if the manager is not the 869 primary owner;

870 (3) Provide the electronic mail address of the business;

871 (4) Provide confirmation that the dealer has the 872 capabilities to electronically connect with the department of 873 public safety for the purpose of sending and receiving 874 information;

875 (5) Provide any other information required by the director 876 in rules the director adopts pursuant to sections 4737.01 to 877 4737.045 4737.046 of the Revised Code;

878 (6) Pay an initial registration fee of two hundred 879 dollars.

880 (B) A person engaging in the business of a scrap metal 881 dealer or a bulk merchandise container dealer in this state on 882 or before September 28, 2012, shall register with the director 883 not later than January 1, 2013.

With respect to a person who 884 commences engaging in the business of a scrap metal dealer or a 885bulk Sub.merchandise container dealer after September 28, 2012, 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 recycled materials association for Sub.

210 Page136th 32G.A. As Passed by the House bulk merchandise container dealer after September 28, 2012, the 886 person shall register with the director pursuant to this section 887 prior to commencing business as a scrap metal dealer or a bulk 888 merchandise container dealer.

889transmission (C) A registration issued to adealers scrapand metallaw dealerenforcement oragencies ain 890the bulkstate; merchandise container dealer pursuant to this section is 891 valid for a period of one year.

A(d) dealerMaking shallthe renewelectronic thelists 892prepared registrationpursuant into accordancedivision with(F)(2) theof rulessection adopted4737.04 byof the 893Revised directorCode andavailable paythrough aan renewalelectronic feesearchable offormat onefor hundredindividual fiftylaw dollarsenforcement toagencies 894and coverfor thedealers costsin of operating and maintaining the registrystate; 895 created pursuant to division (E) of this section.

896(e) (D)Providing, Awithout scrapcharge, metalinterlink dealerprogramming orenabling athe bulktransfer merchandise container 897 dealer registered under this section shall prominently display a 898 copy of theinformation annual registration certificate received from the 899 director pursuant to divisiondealers. (E)(2) of this section.

900(2) (E)Issue, Thereissue, directoror shalldeny doregistration allto ofdealers; the following:

901(3) (1)Adopt Developrules andto implement,enforce bysections January4737.01 1,to 2014,4737.045 andof 902the maintainRevised asCode, arules registryestablishing procedures to renew a secureregistration databaseissued under this section, rules for usethe byformat lawand 903maintenance enforcementfor agenciesthe thatrecords isrequired capableunder division (A) of allsection 4737.012 of the following: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.

904(F) (a)A Receivingscrap andmetal securelydealer storingor allbulk ofmerchandise thecontainer informationdealer 905may requiredsearch, bymodify, divisionor (A)update ofonly this section and the dailydealer's 906own transactionbusiness data thatcontained scrapwithin metalthe dealersregistry andestablished bulkin merchandise 907 dealers are required to send pursuant to division (E)(1)(E) of 908this sectionsection. 4737.04 of the Revised Code;

909(G) (b)All Providingfees securereceived searchby capabilitiesthe director pursuant to lawthis 910section enforcementand agenciesdivision (F) of section 4737.99 of the Revised Code shall be used to develop and maintain the registry required under this section and for enforcementthe purposes;department of public safety's operating expenses.

911The (c)fees Creatingshall abe linkdeposited andinto retransmissionthe capabilityinfrastructure forprotection 912fund receiptwhich ofis routinehereby scrapcreated theftin alerts published by the institutestate 913treasury. of scrap recycling industries for transmission to dealers and 914 Sub.

H.(H)(1) The director of public safety shall not issue a registration to, or renew the registration of, a person who was convicted of, or pleaded guilty to, a violation of section 4737.041 of the Revised Code, a violation of section 2913.02 of the Revised Code when the person is sentenced pursuant to division (B)(10) of that section, or a violation of section 2913.51 of the Revised Code when the person is sentenced pursuant to division (F) of that section.

B.(2) The director of public safety may revoke the registration of a person who is convicted of or pleads guilty to a violation of section 4737.041 of the Revised Code, a violation of section 2913.02 of the Revised Code when the person is sentenced pursuant to division (B)(10) of that section, or a violation of section 2913.51 of the Revised Code when the person is sentenced pursuant to division (F) of that section.

No.Sec.

210 Page 33 As Passed by the House law enforcement agencies in the state;

915 (d) Making the electronic lists prepared pursuant to 916 division (F)(2) of section 4737.04 of the Revised Code available 917 through an electronic searchable format for individual law 918 enforcement agencies and for dealers in the state;

919 (e) Providing, without charge, interlink programming 920 enabling the transfer of information to dealers.

921 (2) Issue, reissue, or deny registration to dealers;

922 (3) Adopt rules to enforce sections 4737.01 to 4737.045 of 923 the Revised Code, rules establishing procedures to renew a 924 registration issued under this section, rules for the format and 925 maintenance for the records required under division (A) of 926 section 4737.012 of the Revised Code or division (C) of section 927 4737.04 of the Revised Code, and rules regarding the delivery of 928 the report required by division (E)(1) of section 4737.04 of the 929 Revised Code to the registry, which shall be used exclusively by 930 law enforcement agencies.

931 (F) A scrap metal dealer or bulk merchandise container 932 dealer may search, modify, or update only the dealer's own 933 business data contained within the registry established in 934 division (E) of this section.

935 (G) All fees received by the director pursuant to this 936 section and division (F) of section 4737.99 of the Revised Code 937 shall be used to develop and maintain the registry required 938 under this section and for the department of public safety's 939 operating expenses.

The fees shall be deposited into the 940 infrastructure protection fund which is hereby created in the 941 state treasury.

942 (H)(1) The director of public safety shall not issue a 943 Sub.

H.

B.

No.

210 Page 34 As Passed by the House registration to, or renew the registration of, a person who was 944 convicted of, or pleaded guilty to, a violation of section 945 4737.041 of the Revised Code, a violation of section 2923.03 of 946 the Revised Code when division (G) of section 4737.99 of the 947 Revised Code applies, a violation of section 2913.02 of the 948 Revised Code when the person is sentenced pursuant to division 949 (B)(10) of that section, or a violation of section 2913.51 of 950 the Revised Code when the person is sentenced pursuant to 951 division (F) of that section.

952 (2) The director of public safety shall revoke the 953 registration of a person who is convicted of or pleads guilty to 954 a violation of section 4737.041 of the Revised Code, a violation 955 of section 2923.03 of the Revised Code when division (G) of 956 section 4737.99 of the Revised Code applies, a violation of 957 section 2913.02 of the Revised Code when the person is sentenced 958 pursuant to division (B)(10) of that section, or a violation of 959 section 2913.51 of the Revised Code when the person is sentenced 960 pursuant to division (F) of that section.

961 Sec.

(A) The director of public safety may 962 investigate a scrap metal dealer, bulk merchandise container 963 dealer, a person described in division (B) of section 4737.041 964 of the Revised Code, and any employee, officer, or agent of any 965 of the foregoing.

TheAs directorpart shallof commencethe aninvestigation, investigationthe 966director may, only after consulting with local law enforcement.enforcement, search the person's premises during the person's regular work hours or between the hours of eight a.m.

As part of the 967 investigation, the director may search the person's premises 968 during the person's regular work hours or between the hours of 969 eight a.m.

970 (B)(1) The director may compel witnesses by subpoena to 971 appear and testify in relation to an investigation under this 972 section, and may compel by subpoena duces tecum the production 973of any Sub.

210 Page136th 35G.A. As Passed by the House of any books, papers, documents, or other records pertaining to 974 such an investigation.

975books, (2)papers, Ifdocuments, a person does not comply with a subpoena or 976other subpoenarecords ducespertaining tecum issued under division (B)(1) of this 977 section, the director may apply to thesuch court of common pleas of 978 Franklin county or of the county in which the person conducts 979 business for an orderinvestigation. compelling the person to comply with the 980 subpoena or subpoena duces tecum or, for failure to do so, be 981 held in contempt of court.

982(2) (C) If asa person does not comply with a resultsubpoena or subpoena duces tecum issued under division (B)(1) of anthis investigationsection, the director findsmay 983apply thatto athe personcourt violatedof anycommon provisionpleas of sectionsFranklin 4737.04county toor 984 4737.046 of the Revisedcounty Code,in which the directorperson shallconducts suspendbusiness thefor 985an person'sorder registrationcompelling orthe licenseperson andto shallcomply reinstatewith the 986subpoena registration or licensesubpoena uponduces evidencetecum thator, thefor personfailure hasto 987do remediedso, thebe violation.held in contempt of court.

The(C) directorIf shallas revoke a registrationresult 988of oran licenseinvestigation if the director finds that a subsequentperson violationviolated any provision of anysections 9894737.04 provisionto 4737.046 of thisthe chapterRevised inCode, anythe subsequentdirector investigation.may suspend the person's registration or license and shall reinstate the registration or license upon evidence that the person has remedied the violation.

990The (D)(1)director Nomay personrevoke shalla undertakeregistration anyor activitieslicense thatif 991the requiredirector registrationfinds undera sectionsubsequent 4737.045violation of theany Revisedprovision Codeof 992this followingchapter ain suspensionany orsubsequent revocation.investigation.

993(D)(1) (2)No Followingperson ashall suspensionundertake orany revocation,activities thethat directorrequire 994registration shallunder conductsection a4737.045 follow-upof investigation to determine whether the 995Revised personCode violatedfollowing divisiona (D)(1)suspension ofor thisrevocation. section.

If(2) theFollowing directora 996suspension determinesor therevocation, person violated division (D)(1) of this section, 997 the director shall seekconduct ana injunctionfollow-up frominvestigation theto courtdetermine ofwhether common 998 pleas of Franklin county or of the county in which the person 999violated conductsdivision business(D)(1) orderingof thethis personsection. to cease the violation.

1000If (E)(1)the The director maydetermines investigate,the onperson violated division (D)(1) of this section, the director'sdirector ownshall 1001seek initiative,an injunction from the actionscourt orof proposedcommon actionspleas of aFranklin county or of the county in which the person whoconducts isbusiness 1002ordering Sub.the person to cease the violation.

H.(E)(1) The director may investigate, on the director's own initiative, the actions or proposed actions of a person who is not registered under section 4737.045 of the Revised Code and who appears to be acting as a scrap metal dealer or bulk merchandise container dealer in the same manner as described in divisions (A) and (B) of this section.

B.(2) If, following an investigation, the director finds that a person acted as a scrap metal dealer or bulk merchandise container dealer without a registration or license, the director shall do both of the following:

No.(a) Seek an injunction from the court of common pleas of Franklin county or of the county in which the person conducts business ordering the person to cease the violation;

210(b) PageImpose 36a Ascivil Passedpenalty by the House not registered under section 4737.045 of theten Revisedthousand Codedollars and 1003 who appears to be acting as a scrap metal dealer or bulk 1004 merchandise container dealer in theaccordance samewith mannerChapter as119. described in 1005 divisions (A) and (B) of this section.

1006 (2) If, following an investigation, the director finds 1007 that a person acted as a scrap metal dealer or bulk merchandise 1008 container dealer without a registration or license, the director 1009 shall do both of the following: