Regards the sale of used catalytic converters

hb210_05_EN

(136th General Assembly)

(Substitute
House Bill Number 210)

AN
ACT

To amend sections 2913.02,
2913.51, 4737.012, 4737.04, 4737.041, 4737.043, 4737.045, 4737.99,
4738.03, 4738.07, 4738.12, and 4775.09 and to enact section 4737.046
of the Revised Code regarding the sale of used catalytic converters.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections 2913.02, 2913.51, 4737.012, 4737.04
,
4737.041
,
4737.043, 4737.045, 4737.99, 4738.03, 4738.07, 4738.12, and 4775.09
be amended and section 4737.046 of the Revised Code be enacted to
read as follows:

Sec.
2913.02.
(A)
No person, with purpose to deprive the owner of property or services,
shall knowingly obtain or exert control over either the property or
services in any of the following ways:

(1)
Without the consent of the owner or person authorized to give
consent;

(2)
Beyond the scope of the express or implied consent of the owner or
person authorized to give consent;

(3)
By deception;

(4)
By threat;

(5)
By intimidation.

(B)(1)
Whoever violates this section is guilty of theft.

(2)
Except as otherwise provided in this division or division (B)(3),
(4), (5), (6), (7), (8),
or

(9)
,
or (10)

of this section, a violation of this section is misdemeanor theft, a
misdemeanor of the first degree. If the value of the property or
services stolen is one thousand dollars or more and is less than
seven thousand five hundred dollars or if the property stolen is any
of the property listed in section 2913.71 of the Revised Code, a
violation of this section is theft, a felony of the fifth degree. If
the value of the property or services stolen is seven thousand five
hundred dollars or more and is less than one hundred fifty thousand
dollars, or if the offender has been convicted of or pleaded guilty
to a felony theft offense within the previous three years, a
violation of this section is grand theft, a felony of the fourth
degree. If the value of the property or services stolen is one
hundred fifty thousand dollars or more and is less than seven hundred
fifty thousand dollars, or if the offender two or more times has been
convicted of or pleaded guilty to a felony theft offense within the
previous three years, a violation of this section is aggravated
theft, a felony of the third degree. If the value of the property or
services is seven hundred fifty thousand dollars or more and is less
than one million five hundred thousand dollars, a violation of this
section is aggravated theft, a felony of the second degree. If the
value of the property or services stolen is one million five hundred
thousand dollars or more, a violation of this section is aggravated
theft of one million five hundred thousand dollars or more, a felony
of the first degree.

(3)
Except as otherwise provided in division (B)(4), (5), (6), (7), (8),

or

(9)
,
or (10)

of this section, if the victim of the offense is an elderly person,
disabled adult, active duty service member, or spouse of an active
duty service member, a violation of this section is theft from a
person in a protected class, and division (B)(3) of this section
applies. Except as otherwise provided in this division, theft from a
person in a protected class is a felony of the fifth degree. If the
value of the property or services stolen is one thousand dollars or
more and is less than seven thousand five hundred dollars, or if the
offender has been convicted of or pleaded guilty to a felony theft
offense within the previous three years, theft from a person in a
protected class is a felony of the fourth degree. If the value of the
property or services stolen is seven thousand five hundred dollars or
more and is less than thirty-seven thousand five hundred dollars, or
if the offender two or more times has been convicted of or pleaded
guilty to a felony theft offense within the previous three years,
theft from a person in a protected class is a felony of the third
degree. If the value of the property or services stolen is
thirty-seven thousand five hundred dollars or more and is less than
one hundred fifty thousand dollars, theft from a person in a
protected class is a felony of the second degree. If the value of the
property or services stolen is one hundred fifty thousand dollars or
more, theft from a person in a protected class is a felony of the
first degree. If the victim of the offense is an elderly person, in
addition to any other penalty imposed for the offense, the offender
shall be required to pay full restitution to the victim and to pay a
fine of up to fifty thousand dollars. The clerk of court shall
forward all fines collected under division (B)(3) of this section to
the county department of job and family services to be used for the
reporting and investigation of elder abuse, neglect, and exploitation
or for the provision or arrangement of protective services under
sections 5101.61 to 5101.71 of the Revised Code.

(4)
If the property stolen is a firearm or dangerous ordnance, a
violation of this section is grand theft. Except as otherwise
provided in this division, grand theft when the property stolen is a
firearm or dangerous ordnance is a felony of the third degree, and
there is a presumption in favor of the court imposing a prison term
for the offense. If the firearm or dangerous ordnance was stolen from
a federally licensed firearms dealer, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the first
degree. The offender shall serve a prison term imposed for grand
theft when the property stolen is a firearm or dangerous ordnance
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.

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

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

(7)
If the property stolen is a police dog or horse or an assistance dog
and the offender knows or should know that the property stolen is a
police dog or horse or an assistance dog, a violation of this section
is theft of a police dog or horse or an assistance dog, a felony of
the third degree.

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

(9)
Except as provided in division (B)(2) of this section with respect to
property with a value 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 bulk
merchandise container 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 property stolen is a catalytic converter, a violation of this
section is theft of a catalytic converter, a felony of the fifth
degree.

(b)
If the property stolen is a catalytic converter and the offender is a
business entity, a violation of this section is enterprise theft of a
catalytic converter and, pursuant to section 2929.31 of the Revised
Code, is punishable by a fine of not more than seven thousand five
hundred dollars per violation.

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

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

(11)

In addition to the penalties described in division (B)(2) of this
section, if the offender committed the violation by causing a motor
vehicle to leave the premises of an establishment at which 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, probationary driver's license, temporary
instruction permit, or nonresident operating privilege pursuant to
division
(B)(10)(a)
(B)(11)(a)

or (b) of this section, instead may require the offender to perform
community service for a number of hours determined by the court.

(11)
(12)

In addition to the penalties described in division (B)(2) of this
section, if the offender committed the violation by stealing rented
property or rental services, the court may order that the offender
make restitution pursuant to section 2929.18 or 2929.28 of the
Revised Code. Restitution may include, but is not limited to, the
cost of repairing or replacing the stolen property, or the cost of
repairing the stolen property and any loss of revenue resulting from
deprivation of the property due to theft of rental services that is
less than or equal to the actual value of the property at the time it
was rented. Evidence of intent to commit theft of rented property or
rental services shall be determined pursuant to the provisions of
section 2913.72 of the Revised Code.

(C)
The sentencing court that suspends an offender's license, permit, or
nonresident operating privilege under division
(B)(10)
(B)(11)

of this section may grant the offender limited driving privileges
during the period of the suspension in accordance with Chapter 4510.
of the Revised Code.

Sec.
2913.51.
(A)

As
used in this section:

(1)
"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
defined in section 4729.01 of the Revised Code,
or

if
the value of the property involved is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,

or
if the property involved is a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code,
receiving
stolen property is a felony of the fourth degree. If the value of the
property involved is one hundred fifty thousand dollars or more,
receiving stolen property is a felony of the third degree.

(D)

(E)

Except
as provided in division
(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 property involved in violation of this section is a special
purchase article
as
defined in section 4737.04 of the Revised Code
or
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.

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

(2)
If the property involved is a catalytic converter and the offender is
a business entity, a violation of this section is enterprise receipt
of a stolen catalytic converter and, pursuant to section 2929.31 of
the Revised Code, is punishable by a fine of not more than seven
thousand five hundred dollars per violation.

(3)
The clerk of the court shall pay any fine imposed pursuant to
division (F) of this section to the county, township, municipal
corporation, park district, as created pursuant to section 511.18 or
1545.04 of the Revised Code, or state law enforcement agencies in
this state that primarily were responsible for or involved in
arresting and prosecuting the offender.

Sec.
4737.012.
(A)
Notwithstanding
division
(A) of
section
4737.01 of the Revised Code, a dealer who is in the business of
purchasing, reselling, exchanging, recycling, shredding, or receiving
bulk merchandise containers shall not purchase or receive plastic
bulk merchandise containers that are marked with a company name or
logo, or more than nine wooden bulk merchandise containers, from any
other person at one time, unless the dealer maintains a record book
or electronic file in which the dealer keeps an accurate and complete
record of all containers purchased or received by the dealer. Every
entry in the record book or electronic file shall be numbered
consecutively. Until the registry developed by the director of public
safety pursuant to section 4737.045 of the Revised Code is
operational, a dealer shall maintain the record for each container
purchased or received for a minimum period of one year after the date
the dealer purchased or received the container. Beginning on the date
the registry is operational, a dealer shall maintain the record for
each container purchased or received 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:

(1)
The name and residence of the person from whom the containers were
purchased or received, a copy of that person's personal
identification card, and, if required, a photograph of the person
taken pursuant to division (B)(2) of this section;

(2)
A description of the containers, including the number purchased or
received and, if required, a photograph of the containers taken
pursuant to division (B)(1) of this section;

(3)
The date and time the dealer purchased or received the containers;

(4)
If the seller or provider of the containers arrives at the dealer's
place of business in a motor vehicle, the license plate number of
that motor vehicle along with the state that issued the license
plate.

(B)
Every dealer who is in the business of reselling bulk merchandise
containers shall take a photograph, in accordance with rules adopted
by the director, of both of the following:

(1)
Each container for which the dealer must make a record under division
(A) of this section;

(2)
Each person who sells or otherwise gives the dealer the containers.

The
dealer shall take the required photographs at the time the dealer
purchases or receives the containers and shall keep the photographs
as part of the record in accordance with division (A) of this
section.

(C)
A dealer who is in the business of purchasing, reselling, exchanging,
recycling, shredding, or receiving bulk merchandise containers shall
fulfill the requirements of section 4737.041 of the Revised Code with
respect to the containers purchased or received by the dealer for
which the dealer must make a record under division (A) of this
section. No dealer shall purchase or receive any bulk merchandise
container for which the dealer must make a record under division (A)
of this section without complying with
division
(B), (C), or (D)
divisions
(A)(2), (3), or (4)

of section 4737.041 of the Revised Code.

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

Sec.
4737.04.
(A)
As used in this section and sections 4737.041, 4737.042, 4737.043,
4737.044, 4737.045,
4737.046,

and
4737.99 of the Revised Code:

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

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

(a)
Beer kegs;

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

(c)
Grave markers, sculptures, plaques, and vases made out of metal, the
appearance of which suggests that the articles have been obtained
from a cemetery;

(d)
Guard rails for bridges, highways, and roads; highway and street
signs; street light poles and fixtures; worker access hole covers,
water meter covers, and other similar types of utility access covers;
traffic directional and control signs and light signals, metal marked
with the name of a political subdivision of the state, and other
metal articles that are purchased and installed for use upon
authorization of the state or any political subdivision of the state;

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

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

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

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

(i)
Metal trays, merchandise containers, or similar transport containers
used by a product producer, distributor, retailer, or an 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;

(j)
"Burnt wire," which is any coated metal wire that has been
smelted, burned, or melted thereby removing the manufacturer's 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.

(2)
No person shall receive, purchase, or sell a special purchase article
or a bulk merchandise container except as in accordance with sections
4737.012 and 4737.04 to
4737.045

4737.046

of
the Revised Code.

(C)
Every scrap metal dealer shall maintain a record book or electronic
file, in which the dealer shall keep an accurate and complete record
of all articles purchased or received by the dealer in the course of
the dealer's daily business.
The
record shall include a copy of any check or other traceable payment
device issued pursuant to division (A)(4) of section 4737.041 of the
Revised Code.
On
and after September 11, 2008, every entry in the record book or
electronic file shall be numbered consecutively and, on or after
September 28, 2012, shall be maintained for inspection in numerical
order. Until the registry developed by the director pursuant to
section 4737.045 of the Revised Code is operational, a dealer shall
maintain the record for each article purchased or received for a
minimum period of one year after the date the dealer purchased or
received the article, except that the dealer shall maintain the
photograph required under division (I) of this section only for a
period of sixty days after the dealer purchased or received the
article. Beginning on the date the registry is operational, a dealer
shall maintain the record for each article purchased or received only
for a period of sixty days after the date the dealer purchased or
received the article. 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:

(1)
The name and residence of the person from whom the articles were
purchased or received, a copy of that person's personal
identification card, and a photograph of the person taken pursuant to
division (I) of this section;

(2)
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";

(e)
"Aluminum or copper radiators," which includes aluminum
radiators, aluminum copper radiators, and copper radiators;

(f)
"Red brass," which includes red brass values and other red
brass;

(g)
"Yellow brass," which includes yellow brass fixtures,
yellow brass valve and fitting, ornamental brass, and other yellow
brass;

(h)
"Aluminum sheet";

(i)
"Aluminum extrusions," which includes aluminum bleachers,
aluminum benches, aluminum frames, aluminum pipe, and other aluminum
extrusions;

(j)
"Cast aluminum," which includes aluminum grills, lawnmower
decks made of aluminum, aluminum motor vehicle parts and rims, and
other cast aluminum;

(k)
"Clean aluminum wire";

(l)
"Unclean aluminum wire";

(m)
"Aluminum exteriors," which includes aluminum siding,
aluminum gutters and downspouts, aluminum shutters, aluminum trim,
and other aluminum exterior items;

(n)
"Contaminated aluminum";

(o)
"Stainless steel," which includes, sinks, appliance
housing, dishes, pots, pans, pipe, and other items made out of
stainless steel;

(p)
"Large appliances," which includes consumer and other
appliances;

(q)
"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 the Revised Code shall be open for inspection by
the representative of any law enforcement agency, railroad police
officers, and the director of public safety or the director's
designated representative during all business hours. A scrap metal
dealer or bulk merchandise container dealer shall do
both

all

of
the following:

(a)
Provide a copy of those records to any law enforcement agency or
railroad police officer that requests the records or to the director
or director's representative, upon request;

(b)
Prepare a daily electronic report, the content and format of which
shall be established in rules adopted by the director, listing all
retail transactions that occurred during the preceding 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. The dealer shall electronically transfer, by twelve noon
eastern standard time, the report
to
the director of public safety
for
inclusion in the registry created pursuant to division (E) of section
4737.045 of the Revised Code.

(2)
A law enforcement agency may inspect any photographic records
collected and maintained by a scrap metal dealer of either yard
operations or individual transactions. Records submitted to any law
enforcement agency pursuant to this section are not public records
for purposes of section 149.43 of the Revised Code.

(3)
Records submitted to 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.

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

(5)
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.

(7)
The director of public safety shall suspend, in accordance with
Chapter 119. of the Revised 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. A person whose registration is suspended
under this division may petition the director for reinstatement not
more than once every ninety days. The director's determination as to
whether to grant such a petition and reinstate the person's
registration is subject to appeal under section 119.12 of the Revised
Code.

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

(2)
The law enforcement 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. The law enforcement agency may request
the appropriate clerk of courts to provide the list. No scrap metal
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. The law enforcement agency also
shall provide the list
,
in an electronic format,

to
the
department of public safety, in an electronic format in accordance
with rules adopted by
the
director
,

for inclusion in the registry created
in

under
division (E) of
section
4737.045 of the Revised Code.

(3)

A
law enforcement agency shall submit all records of any investigation
into a scrap metal dealer or bulk merchandise container dealer
related to the practice of buying and selling scrap to the registry
created pursuant to division (E) of section 4737.045 of the Revised
Code.

(4)

No
scrap metal dealer or bulk merchandise container dealer shall
purchase or receive any special purchase articles or bulk merchandise
containers from any person who is under eighteen years of age.

(4)

(5)

No
scrap metal dealer shall purchase or 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 Revised Code or an agent
authorized by the manufacturer to dispose of damaged kegs.

(7)

(8)

No
scrap metal dealer shall treat a transaction as exempt from section
4737.04 or 4737.041 of the 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.

(G)
(G)(1)

Every scrap metal dealer and bulk merchandise container dealer shall
post a notice in a conspicuous place on the dealer's premises
notifying persons who may wish to transact business with the dealer
of the penalties applicable to any person who does any of the
following:

(1)

(a)

Provides
a false personal identification card to the dealer;

(2)

(b)

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

(3)

(c)

Violates
section 2913.02 of the Revised Code.

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

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

(H)(1)
Except as otherwise provided in division (F)(2) of this section, a
clerk of courts or an employee of a clerk of courts; a chief of
police, marshal, or other chief law enforcement officer; a sheriff,
constable, or chief of police of a township police department or
police district police force; 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 make record
under division (C) of this section.

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

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

(2)
A law enforcement agency receiving an application in accordance with
division (J)(1) of this section shall remove the applicant's name
from the list of known thieves and receivers of stolen property if
the individual 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, 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.

Sec.
4737.041.
(A)

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

(A)

(1)

Comply
with the requirements of this section in addition to complying with
the applicable requirements of section 4737.012 or 4737.04 of the
Revised Code;

(B)

(2)

Take
a photograph of each special purchase article or bulk merchandise
container;

(C)

(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 dealer's license number;

(ii)
A bill, invoice, or receipt 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.

(D)

(4)

If
payment is rendered 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 converters,

or bulk merchandise containers;

(E)

(5)

Withhold
payment for the purchase of the special purchase articles or bulk
merchandise containers for a period of two days after the day the
special purchase articles or bulk merchandise containers are
purchased;

(F)

(6)

If
an asserted owner of stolen special purchase articles or bulk
merchandise containers or that owner's agent provides proof of having
filed a stolen property report with the appropriate law enforcement
agency, make records describing special purchase articles or bulk
merchandise 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 the dealer shall withhold the name
of the person from whom the special purchase articles or bulk
merchandise containers were purchased or received and the amount paid
for the special purchase articles or bulk merchandise containers.

(B)
A person, other than a scrap metal dealer or a motor vehicle dealer
licensed under Chapter 4517. of 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 this section is guilty of the offense of
falsification under section 2921.13 of the Revised Code.

Sec.
4737.043.
Sections

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

(A)

(1)

The
donation of articles to nonprofit organizations or to any other
person, on the condition that the person donating the articles
receives no payment or any other valuable consideration in exchange
for or due to donating the articles;

(B)

(2)

The
sale or donation of common recycled matter;

(C)

(3)

Sales
transacted between a scrap metal dealer and an organization that is
exempt from federal taxation under section 501(c)(3) of the "Internal
Revenue Code of 1986," 100 Stat. 285, 26 U.S.C. 501(c)(3), as
amended, and that collects, for its own fundraising purposes, scrap
ferrous and nonferrous metals for recycling rather than disposal;

(D)

(4)

Sales
transacted between a scrap metal dealer and a government unit or
another business, including a demolition company, public utility
company, or another scrap metal dealer, on the condition that the
government unit or business satisfies the following criteria:

(1)

(a)

In
the course of providing the government unit's or business's services
to others or maintaining the government unit's or business's
property, whether onsite or offsite, the government unit or business
generates scrap ferrous and nonferrous metals for recycling rather
than disposal.

(2)

(b)

If
the sales transaction involves a government unit, reference to the
government unit as a bona fide unit of government can be readily
found by the public.

(3)

(c)

If
the sales transaction involves a business, the business 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 sales or donations of catalytic converters
applies to a sale or donation of a motor vehicle, even if a catalytic
converter is a component or part of such motor vehicle.

Sec.
4737.045.
(A)
To register as a scrap metal dealer or a bulk merchandise container
dealer with the director of public safety as required by division (B)
of section 4737.04 of the Revised Code, a person shall do all of the
following:

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

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

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

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

(5)
Provide any other information required by the director in rules the
director adopts pursuant to sections 4737.01 to
4737.045

4737.046

of
the Revised Code;

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

(B)
A person engaging in the business of a scrap metal dealer or a bulk
merchandise container dealer in this state on or before September 28,
2012, shall register with the director not later than January 1,
2013. With respect to a person who commences engaging in the business
of a scrap metal dealer or a bulk 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
transmission to dealers and law enforcement agencies in the state;

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

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

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

(3)
Adopt rules to enforce sections 4737.01 to 4737.045 of the Revised
Code, rules establishing procedures to renew a registration issued
under this section, rules for the format and maintenance for the
records required under division (A) of section 4737.012 of the
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.

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

(G)
All fees received by the director pursuant to this section and
division (F) of section 4737.99 of the Revised Code shall be used to
develop and maintain the registry required under this section and for
the department of public safety's operating expenses. The fees shall
be deposited into the infrastructure protection fund which is hereby
created in the state treasury.

(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.

(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.

Sec.
4737.046.
(A)
The director of public safety may investigate a scrap metal dealer,
bulk merchandise container dealer, a person described in division (B)
of section 4737.041 of the Revised Code, and any employee, officer,
or agent of any of the foregoing. As part of the investigation, the
director may, only after consulting with local law enforcement,
search the person's premises during the person's regular work hours
or between the hours of eight a.m. and five p.m., Monday through
Friday.

(B)(1)
The director may compel witnesses by subpoena to appear and testify
in relation to an investigation under this section, and may compel by
subpoena duces tecum the production of any books, papers, documents,
or other records pertaining to such an investigation.

(2)
If a person does not comply with a subpoena or subpoena duces tecum
issued under division (B)(1) of this section, the director may apply
to the court of common pleas of Franklin county or of the county in
which the person conducts business for an order compelling the person
to comply with the subpoena or subpoena duces tecum or, for failure
to do so, be held in contempt of court.

(C)
If as a result of an investigation the director finds that a person
violated any provision of sections 4737.04 to 4737.046 of the Revised
Code, the director may suspend the person's registration or license
and shall reinstate the registration or license upon evidence that
the person has remedied the violation. The director may revoke a
registration or license if the director finds a subsequent violation
of any provision of this chapter in any subsequent investigation.

(D)(1)
No person shall undertake any activities that require registration
under section 4737.045 of the Revised Code following a suspension or
revocation.

(2)
Following a suspension or revocation, the director shall conduct a
follow-up investigation to determine whether the person violated
division (D)(1) of this section. If the director determines the
person violated division (D)(1) of this section, the director shall
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.

(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.

(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:

(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;

(b)
Impose a civil penalty of ten thousand dollars in accordance with
Chapter 119. of the Revised Code. Each day the violation occurred or
continues to occur constitutes a separate violation and is subject to
a separate penalty, except that the penalty for each consecutive day
after the first day shall be one thousand dollars.

(3)
The director shall deposit all penalties collected pursuant to
division (E)(2) of this section into the state treasury to the credit
of the infrastructure protection fund created under section 4737.045
of the Revised Code. Notwithstanding any contrary provision of that
section, all such penalties shall be expended only to conduct
investigations authorized under this section.

(4)
If a person fails to pay a civil penalty imposed under division
(E)(2) of this section within the time prescribed by the director,
the director shall submit to the attorney general the person's name
and the amount of the penalty. In that case, the attorney general
shall collect the penalty. In addition to the penalty, the attorney
general may assess, and the person shall pay, a fee covering the
costs of collecting the penalty.

(F)(1)
A person shall not do any of the following when applying for a
registration, licensure, or renewal under section 4737.045 of the
Revised Code:

(a)
Engage in fraud;

(b)
Knowingly provide false information;

(c)
Knowingly fail to disclose relevant information that would result in
a denial of or nonrenewal of a registration or license.

(2)
The director shall impose a civil penalty of five hundred dollars on
any person who violates division (F)(1) of this section in accordance
with Chapter 119. of the Revised Code. The director shall deposit all
such penalties into the state treasury to the credit of the
infrastructure protection fund created under section 4737.045 of the
Revised Code.

(G)
Any refusal to renew and any denial, suspension, or revocation of any
registration or license required under section 4737.045 of the
Revised Code is subject to Chapter 119. of the Revised Code.

(H)
The director shall record information on all noninvestigative visits
made by the director to a scrap metal dealer or bulk merchandise
container dealer. Such information shall be reported to the public on
a quarterly basis via the department of public safety's web site.

Sec.
4737.99.
(A)
Except as specified in divisions (B), (C), (D), (E), and (F) of this
section, whoever violates sections 4737.01 to 4737.11 of the Revised
Code, shall be fined not less than twenty-five nor more than one
thousand dollars and the costs of prosecution.

(B)
Whoever violates division (F)(2) of section 4737.10 of the Revised
Code is guilty of a misdemeanor of the fourth degree.

(C)
Whoever
(C)(1)
Except as provided in division (C)(2) of this section, whoever
fails
to comply with or violates section 4737.01, 4737.012, or 4737.041,
division (C), (D), (E), (F), (G), or (I) of section 4737.04, or
division (D) of section 4737.045 of the Revised Code is guilty of a
misdemeanor of the first degree. If the offender one time previously
has violated or failed to comply with section 4737.01, 4737.012, or
4737.041, division (C), (D), (E), (F), (G), or (I) of section
4737.04, or division (D) of section 4737.045 of the Revised Code, the
violation or failure is a felony of the fifth degree. If the offender
two or more times previously has violated or failed to comply with
section 4737.01, 4737.012, or 4737.041, division (C), (D), (E), (F),
(G), or (I) of section 4737.04, or division (D) of section 4737.045
of the Revised Code, the violation or failure is a felony of the
fourth degree. For any second or subsequent violation of or failure
to comply with section 4737.01, 4737.012, or 4737.041, or division
(C), (D), (E), (F), (G), or (I) of section 4737.04, or division (D)
of section 4737.045 of the Revised Code, a court may suspend the
registration issued to the scrap metal dealer or bulk merchandise
container dealer under section 4737.045 of the Revised Code for a
period of ninety days, during which time period the person shall not
engage in the business of a scrap metal dealer or a bulk merchandise
container dealer, as applicable.

(2)
Notwithstanding section 2929.31 of the Revised Code, a business
entity that, with respect to the sale, purchase, or receipt of a
catalytic converter, violates division (C), (E)(1), (F)(2), (F)(5),
or (I) of section 4737.04 or division (B) of section 4737.041 of the
Revised Code shall be fined not more than seven thousand five hundred
dollars per violation.

(D)
Whoever violates division (B)(1) of section 4737.04 of the Revised
Code is guilty of a felony of the fifth degree. The court also shall
enjoin the person from engaging in the business of a scrap metal
dealer or a bulk merchandise dealer.

(E)
Whoever violates division (B)(2) of section 4737.04 of the Revised
Code is guilty of a felony of the fifth degree for the first offense
and a felony of the third degree for any subsequent offense.

(F)
Any motor vehicle used in the theft or illegal transportation of
metal shall be impounded for at least thirty days and not more than
sixty days. If the same motor vehicle is used in connection with a
second or subsequent theft or illegal transportation of metal, the
motor vehicle shall be impounded for at least sixty days and not more
than one hundred eighty days. Any motor vehicle used in the theft or
illegal transportation of a special purchase article or bulk
merchandise container shall be impounded for at least ninety days and
not more than three hundred sixty days. A motor vehicle impounded
pursuant to this division shall be stored at a municipal corporation
impound lot, if available, or at a lot owned by a private entity or
another governmental unit that the municipal corporation utilizes for
the purpose of impounding a motor vehicle. An impounded motor vehicle
may be recovered from the impound lot at the end of the impound term
upon payment of fees.

(G)
If a transaction involving the purchase or sale of a used catalytic
converter formed the basis of an offense under division (C) or (E) of
this section, the clerk of the court shall pay any fine imposed to
the county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised Code, or
state law enforcement agencies in this state that primarily were
responsible for, or involved in, arresting and prosecuting, the
offender.

Sec.
4738.03.
(A)
No person licensed as a motor vehicle salvage dealer under this
chapter shall
engage

do
either of the following:

(1)
Engage
in
the business of selling at retail salvage motor vehicle parts or
salvage motor vehicles, unless the business is operated primarily for
the purpose of selling at retail salvage motor vehicle parts. Any
person operating such a business primarily for the purpose of selling
at retail salvage motor vehicle parts may secondarily sell at retail
salvage motor vehicles or manufacture a product of gradable scrap
metal for sale to scrap metal processors or any other consumer.

(2)
Purchase or accept a catalytic converter as defined in section
4737.04 of the Revised Code.

(B)
No person licensed as a salvage motor vehicle auction under this
chapter shall:

(1)
Knowingly sell a salvage motor vehicle to anyone other than an
authorized purchaser;

(2)
Sell a salvage motor vehicle when having reasonable cause to believe
it is not offered by the legal owner thereof;

(3)
Fail to make an Ohio salvage certificate of title available to the
purchaser of a salvage motor vehicle sold by the salvage motor
vehicle auction, before payment for the salvage motor vehicle is
completed;

(4)
Operate as a motor vehicle salvage dealer at the same location where
any salvage motor vehicle auction is operated.

(C)
No person licensed as a salvage motor vehicle pool under this chapter
shall:

(1)
Knowingly sell a salvage motor vehicle to anyone other than an
authorized purchaser;

(2)
Sell a salvage motor vehicle when having reasonable cause to believe
it is not offered by the legal owner thereof;

(3)
Fail to make an Ohio salvage certificate of title available to the
purchaser of a salvage motor vehicle sold by the salvage motor
vehicle pool, before payment for the salvage motor vehicle is
completed;

(4)
Operate as a motor vehicle salvage dealer at the same location where
any salvage motor vehicle pool is operated.

Sec.
4738.07.
(A)
Except as otherwise provided in division (B) of this section, the
registrar of motor vehicles shall deny the application of any person
for a license under this chapter and refuse to issue the person a
license if the registrar finds that the applicant:

(1)
Has made false statement of a material fact in the individual's
application;

(2)
Has not complied with sections 4738.01 to 4738.15 of the Revised
Code:

(3)
Has habitually defaulted on financial obligations;

(4)
Has been convicted of or pleaded guilty to a disqualifying offense,
provided the registrar complies with section 9.79 of the Revised
Code;

(5)
Has been guilty of a fraudulent act in connection with dealing in
salvage motor vehicles or when operating as a motor vehicle salvage
dealer, salvage motor vehicle auction, or salvage motor vehicle pool;

(6)
Is insolvent;

(7)
Is of insufficient responsibility to assure the prompt payment of any
final judgments which might reasonably be entered against the
individual because of the transaction of the individual's business
during the period of the license applied for;

(8)
Has no established place of business;
or

(9)
Has less than twelve months prior to said application, been denied a
license under this chapter
;
or

(10)
Was convicted of or pleaded guilty to a violation of division (B) 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)
In
(B)(1)
Except as provided in division (B)(2) of this section, in
considering
a renewal of an individual's license, the registrar shall not
consider any conviction or plea of guilty prior to the initial
licensing. However, the registrar may consider a conviction or plea
of guilty if it occurred after the individual was initially licensed,
or after the most recent license renewal.

(2)
The registrar shall not renew an individual's license if the
individual was convicted of or pleaded guilty to a violation of
division (B) 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.

(C)
The registrar may grant a person a conditional license that lasts for
one year. After the one-year period has expired, the license is no
longer considered conditional, and the person shall be considered
fully licensed.

(D)
If the applicant is a corporation or partnership, the registrar may
refuse to issue a license if any officer, director, or partner of the
applicant has been guilty of any disqualifying offense and the
refusal is in accordance with section 9.79 of the Revised Code. The
registrar's finding may be based upon facts contained in the
application or upon any other information which the registrar may
have. Immediately upon denying an application for any of the reasons
in this section, the registrar shall enter a final order together
with the registrar's findings and certify the same to the motor
vehicle salvage dealer's licensing board.

(E)
If the registrar refuses an application for a license, the reasons
for such refusal shall be put in writing. An applicant who has been
refused a license may appeal from the action of the registrar to the
motor vehicle salvage dealer's licensing board in the manner
prescribed in section 4738.12 of the Revised Code.

(F)
The registrar of motor vehicles shall not adopt, maintain, renew, or
enforce any rule, or otherwise preclude in any way, an individual
from renewing a license under this chapter due to any past criminal
activity or interpretation of moral character, except as pursuant to
division (B) of this section. If the registrar denies an individual a
license or license renewal, the reasons for such denial shall be put
in writing.

Sec.
4738.12.
The
motor vehicle salvage dealer's licensing board shall hear appeals
which may be taken from an order of the registrar of motor vehicles,
refusing to issue a license. All appeals from any order of the
registrar refusing to issue any license upon proper application made
must be taken within thirty days from the date of the order, or the
order is final and conclusive. All appeals from orders of the
registrar must be by petition in writing and verified under oath by
the applicant whose application for license has been denied, and must
set forth the reason why, in the petitioner's opinion, the order of
the registrar is not correct. In appeals the board may make
investigation to determine the correctness and legality of the order
of the registrar.

The
board may make rules governing its actions relative to the suspension
and revocation of licenses and may, upon its own motion, and shall,
upon the verified complaint in writing of any person, investigate the
conduct of any licensee under this chapter. The board shall suspend
or revoke or notify the registrar to refuse to renew any license if
any ground existed upon which the license would have been refused, or
if a ground exists which would be cause for refusal to issue a
license.

The
board may suspend or revoke any license if the licensee has in any
manner violated the rules issued pursuant to sections 4738.01 to
4738.16 of the Revised Code, or has been convicted of committing a
felony or violating any law which in any way relates to the theft of
motor vehicles.

The
board shall revoke any license if the licensee is convicted of or
pleads guilty to a violation of division (B) of section 4737.041 of
the Revised Code, a violation of section 2913.02 of the Revised Code
when the licensee is sentenced pursuant to division (B)(10) of that
section or a violation of section 2913.51 of the Revised Code when
the licensee is sentenced pursuant to division (F) of that section.

Sec.
4775.09.
(A)(1)
In accordance with Chapter 119. of the Revised Code, the motor
vehicle repair board may refuse to issue or renew a registration
certificate or may determine whether to waive a suspension of a
registration certificate as provided in division (D) of section
4775.07 of the Revised Code.

(2)
Within ten days after receipt of an abstract from a county court
judge, mayor of a mayor's court, or clerk of a court of record
indicating a violation of division (D) of section 4513.241 of the
Revised Code, the board shall determine whether the person named in
the abstract is registered with the board and, if the person is so
registered, shall further determine whether the person previously has
been convicted of or pleaded guilty to a violation of that section.
If the person previously has been convicted of or pleaded guilty to a
violation of that section, the board, in accordance with Chapter 119.
of the Revised Code but without a prior hearing, shall suspend the
person's registration for a period of not more than one hundred
eighty days.

(B)
The court of common pleas of Franklin county has exclusive
jurisdiction over any person who conducts, or attempts to conduct,
business as a motor vehicle repair operator in violation of this
chapter or any rule adopted under this chapter. The court, on
application of the board, may issue an injunction, a cease and desist
order, or other appropriate order restraining the person from
continuing the violation. This section shall operate in addition to
and shall not prohibit the enforcement of any other law.

(C)
Upon the request of the executive director or as a result of
complaints, the board shall investigate the alleged violation.

(D)
No person required to be registered under this chapter shall have the
benefit of any lien for labor or materials unless the person is
registered under this chapter.

(E)
No person whose application for registration under this chapter is
denied shall open or operate a facility for business as a motor
vehicle collision repair facility or motor vehicle window tint
installation facility under the name of the person designated in the
application for a registration certificate or under any other name
prior to registering as a motor vehicle repair operator in accordance
with this chapter.

(F)(1)
The board shall not issue a registration to or renew the registration
of a person who was convicted of or pleaded guilty to a violation of
division (B) 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.

(2)
The board shall revoke the registration of a person who is convicted
of or pleads guilty to a violation of division (B) 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.

Section
2.
That
existing sections 2913.02, 2913.51, 4737.012, 4737.04
,
4737.041
,
4737.043, 4737.045, 4737.99, 4738.03, 4738.07, 4738.12, and 4775.09
of the Revised Code are hereby repealed.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________