Changes in scrap metal dealing effective Jan. 1

The Highland County Press

Changes for buyers and sellers of certain scrap metals will go into effect on Jan. 1, 2013.

With the passage of Senate Bill 193, Ohio lawmakers have placed tighter controls on scrap metal dealers, including a requirement to register their businesses through a state database.

Among other changes, SB 193:

• Creates specific criminal penalties for the theft of special purchase articles and bulk merchandise containers.

• Requires a motor vehicle used in the theft of metal, special purchase articles, or bulk merchandise containers to be impounded for a specific period of time.

• Prohibits any person from receiving, purchasing, or selling a special purchase article or a bulk merchandise container except as in accordance with the laws governing scrap metal dealers and bulk merchandise containers and prescribes penalties for violating the prohibition.

• Beginning Jan. 1, 2014, the law requires the director of public safety to develop and implement, and maintain as a registry a secure database for use by law enforcement agencies regarding scrap metal and bulk merchandise container transactions and prescribes requirements for that registry. The new law further requires dealers to transmit daily transaction reports to the director for inclusion in the registry.

ACT SUMMARY

Creates specific criminal penalties for the theft of special purchase articles and bulk merchandise containers.

Requires a motor vehicle used in the theft of metal, special purchase articles, or bulk merchandise containers to be impounded for a specific period of time.

Prohibits any person from receiving, purchasing, or selling a special purchase article or a bulk merchandise container except as in accordance with the laws governing scrap metal dealers and bulk merchandise containers and prescribes penalties for violating the prohibition.

Expands the continuing law list of special purchase articles to include railroad material, specified metal trays and containers, and burnt wire.

Requires scrap metal dealers and bulk merchandise container dealers to register with the Director of Public Safety and prescribes registration requirements.

Revises the definition of "scrap metal dealer."

Requires dealers to pay an initial registration fee of $200 and an annual renewal fee of $150.

Requires the Director to develop and implement, by January 1, 2014, and maintain as a registry a secure database for use by law enforcement agencies regarding scrap metal and bulk merchandise container transactions and prescribes requirements for that registry.

Requires dealers to transmit daily transaction reports to the Director for inclusion in the registry.

Requires bulk merchandise container dealers to maintain records of transactions in accordance with the act and subjects bulk merchandise container purchases and receipts to the same requirements in which scrap metal dealers must comply for special purchase articles.

Requires both types of dealers to take photographs of the person from whom the dealer purchases or receives the article or container and prohibits a dealer from purchasing or receiving an article or container from a person who refuses to have the person's picture taken.

Makes changes to the recordkeeping requirements for scrap metal dealers.

Increases the current law penalties applicable to scrap metal dealers and secondhand dealers for failure to comply with the applicable duties in the law and subjects bulk merchandise container dealers to those increased penalties.

Requires the list provided by law enforcement to scrap metal dealers to include only persons known to be thieves or receivers of stolen property (instead of known or suspected under former law) and authorizes law enforcement agencies to request the clerk of courts to provide that list.

Requires that list to be provided in a searchable, electronic format and to also be provided to bulk merchandise container dealers and the Department of Public Safety.

Creates a joint select committee to study the act's effectiveness.