As Introduced
136th General Assembly
Regular Session H. B. No. 210
2025-2026
Representatives Roemer, Plummer
A B I L L
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, 4745.01, and 4775.09
and to enact sections 4737.046 and 4737.98 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, 4745.01, and 4775.09 be amended and sections
4737.046 and 4737.98 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;
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(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, 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, 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),
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(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, 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, 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
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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
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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 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 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 offender has previously been convicted of or
pleaded guilty to a violation of Chapter 2911. or 2913. of the
Revised Code, theft of a catalytic converter is a felony of the
fourth degree.
(c) 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,
notwithstanding section 2929.31 of the Revised Code, is
punishable by a fine of not less than ten thousand dollars and
not more than fifty thousand dollars per violation.
(d) 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.
(e) As used in division (B)(10) of this section,
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"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.
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(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
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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
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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 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.
(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 offender has previously been convicted of or
pleaded guilty to a violation of Chapter 2911. or 2913. of the
Revised Code, receiving a stolen catalytic converter is a felony
of the fourth degree.
(3) 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,
notwithstanding section 2929.31 of the Revised Code, is
punishable by a fine of not less than ten thousand dollars and
not more than fifty thousand dollars per violation.
(4) 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
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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;
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(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)
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divisions (A)(2) to (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
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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
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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 issued pursuant to division
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(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;
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(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
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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";
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(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
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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
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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
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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 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)
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and (I) of this section and division (B), (C), or (D) divisions
(A)(2) to (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.
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(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.
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(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.
(K) A scrap metal dealer that sells or otherwise transfers
a catalytic converter to any person other than an individual
shall provide the director with all of the following:
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(1) A copy of the scrap metal dealer's primary owner's
driver's license or state identification card;
(2) The scrap metal dealer's federal employer
identification number;
(3) The scrap metal dealer's permanent physical address,
which shall not be a post office box;
(4) Any additional information required by the director.
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, catalytic converter, 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
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713 H. B. No. 210 Page 26
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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,
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740 H. B. No. 210 Page 27
As Introduced
issue a check 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, catalytic converters, or bulk merchandise
containers for a period of two days after the day the special
purchase articles, catalytic converters, or bulk merchandise
containers are purchased;
(F) (6) If an asserted owner of stolen special purchase
articles, catalytic converters, 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 , catalytic
converters, 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 , catalytic converters,
or bulk merchandise containers were purchased or received and
the amount paid for the special purchase articles , catalytic
converters, 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 division (A) 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), (F), and (K) of section
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770 H. B. No. 210 Page 28
As Introduced
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;
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799 H. B. No. 210 Page 29
As Introduced
(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
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827 H. B. No. 210 Page 30
As Introduced
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) 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) The exceptions described in division (A) of this
section do not apply to sales or donations of catalytic
converters.
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,
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856 H. B. No. 210 Page 31
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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
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885 H. B. No. 210 Page 32
As Introduced
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 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
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913 H. B. No. 210 Page 33
As Introduced
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 2923.03 of
the Revised Code when division (G) of section 4737.99 of the
Revised Code applies, 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 shall 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
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of section 2923.03 of the Revised Code when division (G) of
section 4737.99 of the Revised Code applies, 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. The director shall commence an investigation
only after consulting with local law enforcement. As part of the
investigation, the director may 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 shall suspend the
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973 H. B. No. 210 Page 35
As Introduced
person's registration or license and shall reinstate the
registration or license upon evidence that the person has
remedied the violation. The director shall 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
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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
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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 commerce's web site.
Sec. 4737.98. Notwithstanding any provision of section
121.95 of the Revised Code to the contrary, a regulatory
restriction contained in a rule adopted under this chapter is
not subject to sections 121.95 to 121.953 of the Revised Code.
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
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1060 H. B. No. 210 Page 38
As Introduced
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 less
than ten thousand dollars and not more than fifty thousand
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
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1091 H. B. No. 210 Page 39
As Introduced
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) A person is complicit under section 2923.03 of the
Revised Code if the person sells a catalytic converter to
another person who, in the purchase or receipt of the catalytic
converter, violates either of the following:
(1) Division (F)(1) of section 4737.04 of the Revised
Code;
(2) Division (B) of section 4737.041 of the Revised Code
when the violation involves a failure to obtain identifying
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1120 H. B. No. 210 Page 40
As Introduced
information of the seller of a catalytic converter or proof of
ownership of a catalytic converter.
(H) 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;
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1149 H. B. No. 210 Page 41
As Introduced
(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:
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1176 H. B. No. 210 Page 42
As Introduced
(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 2923.03 of the Revised Code when division
(G) of section 4737.99 of the Revised Code applies, 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
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1204 H. B. No. 210 Page 43
As Introduced
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 2923.03 of the Revised Code when
division (G) of section 4737.99 of the Revised Code applies, 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
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1234 H. B. No. 210 Page 44
As Introduced
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
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1264 H. B. No. 210 Page 45
As Introduced
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
2923.03 of the Revised Code when division (G) of section 4737.99
of the Revised Code applies, 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. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3742.,
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4169., 4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,
4728., 4729., 4731., 4733., 4734., 4737., 4739., 4741., 4747.,
4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,
4773., and 4775. of the Revised Code, means the license renewal
procedures specified in this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
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1294 H. B. No. 210 Page 46
As Introduced
issue a license to engage in a specific profession, occupation,
or occupational activity, or to have charge of and operate
certain specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or
conferred by a licensing agency by authority of which the
licensee has or claims the privilege to engage in the
profession, occupation, or occupational activity, or to have
control of and operate certain specific equipment, machinery, or
premises, over which the licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in the chapters of the Revised Code specified in division (A) of
this section, includes the continuing licensing procedure
provided in Chapter 3748. of the Revised Code and rules adopted
under it and in sections 1321.05 and 3921.33 of the Revised
Code, and as applied to those continuing licenses any reference
in this chapter to the date of expiration of any license shall
be construed to mean the due date of the annual or other fee for
the continuing license.
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
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As Introduced
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
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1353 H. B. No. 210 Page 48
As Introduced
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 2923.03 of
the Revised Code when division (G) of section 4737.99 of the
Revised Code applies, 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 2923.03 of the Revised Code when division (G) of section
4737.99 of the Revised Code applies, 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, 4745.01, and 4775.09 of the Revised
Code are hereby repealed.
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