K.S.A. Chapter 50

Unfair Trade and Consumer Protection

Selected Statutes from Article 6 Consumer Protection

Scrap Metal Theft Reduction Act

Current through end of 2020 legislative session

 

50-6,109       Scrap metal theft reduction act; definitions.

50-6,109a     Same; implementation, administration and enforcement by attorney general; rules and regulations; scrap metal theft reduction fee fund; database.

50-6,109b     Same; violations, powers of attorney general.

50-6,109c     Omitted, not enforceable until 7/1/20

Same; violations, civil penalty; appeal.

50-6,109d     Same; civil action by attorney general; penalty.

50-6,109e     Same; engaging in business, jurisdiction; administrative or civil action, venue.

50-6,109f      Scrap metal; regulation by municipality, limitations.

50-6,110       Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions.

50-6,111       Unlawful acts, scrap metal dealer; required information; records.

50-6,112       Repealed.

50-6,112a     Scrap metal dealer registration; fees.

50-6,112b     Same; persons and business entities prohibited from registration; criminal history records check, fingerprints.

50-6,112c     Same; suspension or revocation; appeal.

50-6,112d     Sunset Provision


50-6,109. Scrap metal theft reduction act; definitions.

(a)   K.S.A. 2018 Supp. 50-6,109 through 50-6,112c, and amendments thereto, shall be known and may be cited as the scrap metal theft reduction act.

(b)   As used in the scrap metal theft reduction act:

        (1)   "Scrap metal dealer" means any individual, firm, company, partnership, association or corporation that operates a business that is engaged in the business of buying, trading or dealing in regulated scrap metal for the purpose of sale for recycling.

        (2)   "Regulated scrap metal" means any item, in any form, for which the purchase price described in K.S.A. 2018 Supp. 50-6,110 and 50-6,111, and amendments thereto, was primarily based on the content of:

                (A)   Aluminum, except that aluminum shall not include food or beverage containers;

                (B)   copper;

                (C)   brass;

                (D)  bronze;

                (E)   stainless steel;

                (F)   zinc;

                (G)  titanium;

                (H)  tungsten;

                (I)    nickel;

                (J)   platinum;

                (K)  palladium;

                (L)   rhodium;

                (M)  magnesium;

                (N)  lead;

                (O)  any other nonferrous metal; or

                (P)   any combination of nonferrous metals listed in subsections (b)(2)(A) through (b)(2)(P).

        (3)   "Bales of regulated metal" means regulated scrap metal property processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards.

        (4)   "Junk vehicle" means a vehicle as defined in K.S.A. 8-126, and amendments thereto, not requiring a title as provided in chapter 8 of the Kansas Statutes Annotated, and amendments thereto, an aircraft or a boat which is being sold for scrap value.

        (5)   "Nonferrous metal" means a metal that does not contain iron or steel.

        (6)   "Vehicle part" means the front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit.

        (7)   "Person" means any individual, scrap metal dealer, manager or employee, owner, operator, corporation, partnership or association.

        (8)   "Attorney general" means the attorney general of the state of Kansas or the attorney general's designee.

History: L. 2007, ch. 128, § 1; L. 2008, ch. 82, § 2; L. 2009, ch. 88, § 2; L. 2011, ch. 86, § 5; L. 2015, ch. 96, § 12; July 1.


50-6,109a. Same; implementation, administration and enforcement by attorney general; rules and regulations; scrap metal theft reduction fee fund; database.

(a)   The attorney general is hereby given jurisdiction and authority over all matters involving the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act including to:

        (1)   Employ or appoint agents as necessary to implement, administer and enforce the act;

        (2)   contract;

        (3)   expend funds;

        (4)   license and discipline;

        (5)   investigate;

        (6)   issue subpoenas;

        (7)   keep statistics; and

        (8)   conduct education and outreach programs to promote compliance with the act.

(b)   In accordance with the rules and regulations filing act, the attorney general is hereby authorized to adopt rules and regulations necessary to implement the provisions of the scrap metal theft reduction act.

(c)    There is hereby established in the state treasury the scrap metal theft reduction fee fund to be administered by the attorney general. All moneys received by the attorney general from fees, charges or penalties collected under the provisions of the scrap metal theft reduction act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount thereof in the state treasury to the credit of the scrap metal theft reduction fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee. All moneys credited to the scrap metal theft reduction fee fund shall be expended for the administration of the duties, functions and operating expenses incurred under the provisions of the scrap metal theft reduction act.

(d)   There is hereby established in the state treasury the scrap metal data repository fund to be administered by the director of the Kansas bureau of investigation. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas bureau of investigation or the director's designee. All moneys credited to the scrap metal data repository fund shall be expended for the administration of the duties, functions and operating expenses incurred under the provisions of the scrap metal theft reduction act.

(e)   The attorney general may transfer any moneys from the scrap metal theft reduction fee fund to the scrap metal data repository fund. The attorney general shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification to the director of the budget and the director of legislative research.

(f)    On July 1, 2020, the Kansas bureau of investigation shall establish and maintain a database which shall be a central repository for the information required to be provided under K.S.A. 2018 Supp. 50-6,110, and amendments thereto. The database shall be maintained for the purpose of providing information to law enforcement and for any other purpose deemed necessary by the attorney general to implement and enforce the provisions of the scrap metal theft reduction act.

(g)   The information maintained in such database by the Kansas bureau of investigation, or by any entity contracting with the Kansas bureau of investigation, submitted to, maintained or stored as part of the system may be provided to the attorney general and shall:

        (1)   Be confidential, shall only be used for investigatory, evidentiary or analysis purposes related to criminal violations of city, state or federal law and shall only be released to law enforcement in response to an official investigation or as permitted in subsection (d) (f); and

        (2)   not be a public record and shall not be subject to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2024, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto.

(h)   On or before February 1, 2021, and annually on or before February 1 thereafter, the attorney general shall submit a report to the president of the senate, the speaker of the house of representatives and the standing committees on judiciary in the senate and the house of representatives on the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act.

(i)    Any entity contracting with the attorney general or the Kansas bureau of investigation to provide or maintain the database required by this section shall not require a scrap metal dealer to contract with such entity for the authority to release proprietary or confidential data, including, but not limited to, customer information. Such entity shall not charge any fee to the scrap metal dealer as a condition of providing information to the database as required by the scrap metal theft reduction act, including, but not limited to, a fee for electronic submission of information.

(j)    A scrap metal dealer providing information to the database as required by the scrap metal theft reduction act shall not be subject to civil liability for any claim arising from the negligence or omission by the state of Kansas or any contracting entity in the collection, storing or release of information provided by such scrap metal dealer to the database.

History: L. 2015, ch. 96, § 1; L. 2017, ch. 76, § 4; L. 2018, ch. 79, § 3; L. 2019, ch. 66, § 1; L. 2019, ch. 66, § 2; July 1, 2020


50-6,109b. Same; violations, powers of attorney general.

(a)   If, by the attorney general's own inquiries or as a result of complaints, the attorney general has reason to believe that a person has engaged in, is engaging in or is about to engage in an act or practice that violates the scrap metal theft reduction act, the attorney general, or any deputy attorney general or assistant attorney general may administer oaths and affirmations, subpoena witnesses or matter and collect evidence.

(b)   If the matter that the attorney general subpoenas is located outside this state, the person subpoenaed may either make it available to the attorney general at a convenient location within the state or pay the reasonable and necessary expenses for the attorney general or the attorney general's designee to examine the matter at the place where it is located. The attorney general may designate representatives, including officials of the state in which the matter is located, to inspect the matter on the attorney general's behalf, and the attorney general may respond to similar requests from officials of other states.

(c)    Service by the attorney general of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made by:

        (1)   The mailing thereof by certified mail to the last known place of business, residence or abode within or without this state; or

        (2)   in the manner provided in the code of civil procedure as if a petition had been filed.

(d)   The attorney general may request that an individual who refuses to comply with a subpoena, on the ground that the testimony or matter may incriminate the individual, be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination to which the individual is entitled by law, may not be subjected to a criminal proceeding or to a civil penalty to the transaction concerning which the individual is required to testify or produce relevant matter.

(e)   If any person willfully fails or refuses to file any statement or report required by the scrap metal theft reduction act, or obey any subpoena issued by the attorney general, the attorney general may, after notice, apply to the district court and, after a hearing thereon, the district court may issue an order:

        (1)   Granting injunctive relief restraining the sale or advertisement of any services or merchandise by such persons;

        (2)   vacating, annulling or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to the person, which are used to further the allegedly unlawful practice; or

        (3)   granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena.

History: L. 2015, ch. 96, § 2; July 1.


50-6,109c. Same; violations, civil penalty; appeal.

(a)   Any scrap metal dealer who violates any of the provisions of the scrap metal theft reduction act, in addition to any other penalty provided by law, may incur a civil penalty imposed pursuant to subsection (b) in an amount not less than $100 nor more than $5,000 for each violation.

(b)   The attorney general, upon a finding that a scrap metal dealer or any employee or agent thereof or any person or entity required to be registered as a scrap metal dealer has violated any of the provisions of the scrap metal theft reduction act may impose a civil penalty as provided in this subsection upon such scrap metal dealer.

(c)    A civil penalty shall not be imposed pursuant to this section except upon the written order of the attorney general to the scrap metal dealer who is responsible for the violation. Such order is a final order for purposes of judicial review and shall state the violation, the penalty to be imposed and the right of such dealer to appeal as provided in the Kansas judicial review act.

History: L. 2015, ch. 96, § 3; L. 2017, ch. 76, § 5; L. 2018, ch. 79, § 4; L. 2019, ch. 66, § 4; July 1, 2020.


50-6,109d. Same; civil action by attorney general; penalty.

(a)   The attorney general may bring a civil action to:

        (1)   Obtain a declaratory judgment that an act or practice violates the scrap metal theft reduction act;

        (2)   enjoin, or to obtain a restraining order against any person who has violated, is violating, or is otherwise likely to violate the scrap metal theft reduction act;

        (3)   recover reasonable expenses and investigation fees; or

        (4)   impose any civil penalty authorized by the scrap metal theft reduction act.

(b)   In lieu of investigating or continuing an action or proceeding, the attorney general may accept a consent judgment with respect to any act or practice declared to be a violation of the scrap metal theft reduction act. Before any consent judgment entered into pursuant to this section shall be effective, it must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of such consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law.

(c)    In any action brought by the attorney general, the court may, without requiring bond of the attorney general:

        (1)   Make such orders or judgments as may be necessary to prevent the use or employment by a person of any practice declared to be a violation of the scrap metal theft reduction act;

        (2)   issue a temporary restraining order or enjoin any person from violating the scrap metal theft reduction act;

        (3)   award reasonable expenses and investigation fees, civil penalties and costs; and

        (4)   grant other appropriate relief.

(d)   The commission of any act or practice declared to be a violation of the scrap metal theft reduction act shall render the violator liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in a sum of not more than $5,000 for each violation.

(e)   Any person who willfully violates the terms of any court order issued pursuant to the scrap metal theft reduction act shall forfeit and pay a civil penalty of not more than $10,000 per violation, in addition to other penalties that may be imposed by the court, as the court shall deem necessary and proper. For the purposes of this section, the district court issuing an order shall retain jurisdiction, and in such cases, the attorney general, acting in the name of the state may petition for recovery of civil penalties.

(f)    Any act or practice declared to be a violation of the scrap metal theft reduction act which is continuing in nature shall be deemed a separate violation each day such act or practice exists.

(g)   This section shall take effect on and after January 1, 2016.

History: L. 2015, ch. 96, § 4; July 1.


50-6,109e Same; engaging in business, jurisdiction; administrative or civil action, venue.

(a)   Any person, whether or not a resident or citizen of this state, who in person or through an agent or an instrumentality, engages in business as a scrap metal dealer as defined in the scrap metal theft reduction act, thereby submits the person to the jurisdiction of the courts of this state as to any cause of action arising from such business.

(b)   Every administrative or civil action pursuant to the scrap metal theft reduction act shall be brought in the district court of Shawnee county or in any other district where venue is otherwise authorized by law.

History: L. 2015, ch. 96, § 5; July 1.


50-6,109f. Scrap metal; regulation by municipality, limitations.

(a)   A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act.

(b)   Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.

(c)    No action shall be commenced or prosecuted against any individual for a violation of any ordinance, resolution or regulation that is prohibited by subsection (a) and which was adopted prior to July 1, 2015, if such violation occurred on or after July 1, 2014.

(d)   As used in this section, "municipality" has the same meaning as defined in K.S.A. 75-6102, and amendments thereto.

History: L. 2015, ch. 96, § 6; July 1


50-6,110 Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions.

(a)   It shall be unlawful for any person to sell any item or items of regulated scrap metal to a scrap metal dealer, or employee or agent of a dealer, in this state unless such person meets the requirements of this subsection.

        (1)   Such person shall present to such scrap metal dealer, or employee or agent of such dealer, at or before the time of sale, the following: The seller's name, address, sex, date of birth and the seller's driver's license, military identification card, passport or personal identification license. An official governmental document for a country other than the United States may be used to meet this requirement.

        (2)   Such person shall complete and sign the statement provided for in subsection (b)(10).

(b)   Every scrap metal dealer shall keep a register in which the dealer, or employee or agent of the dealer, shall at the time of purchase or receipt of any item for which such information is required to be presented, cross-reference to previously received information, or accurately and legibly record at the time of sale the following information:

        (1)   The time, date and place of transaction;

        (2)   the seller's name, address, sex, date of birth and:

                (A)   The identifying number from the seller's driver's license, military identification card, passport or personal identification license; or

                (B)   the identifying number from the seller's official governmental document for a country other than the United States;

        (3)   a copy of the identification card or document containing such identifying number, unless the dealer has a copy of the card or document in the dealer's register from a prior transaction;

        (4)   the license number, color and style or make of any motor vehicle in which the junk vehicle or other regulated scrap metal property is delivered in a purchase transaction;

        (5)   a general description, made in accordance with the custom of the trade, of the predominant types of junk vehicle or other regulated scrap metal property purchased in the transaction;

        (6)   the weight, quantity or volume, made in accordance with the custom of the trade, of the regulated scrap metal property purchased;

        (7)   if a junk vehicle or vehicle part is being bought or sold, a description of the junk vehicle or vehicle part, including the make, model, color, vehicle identification number and serial number if applicable;

        (8)   the price paid for, traded for or dealt for in a transaction for the junk vehicle or other regulated scrap metal property;

        (9)   the full name of the individual acting on behalf of the regulated scrap metal dealer in making the purchase; and

        (10) a signed statement from the seller indicating from where the property was obtained and that: (A) Each item is the seller's own personal property, is free of encumbrances and is not stolen; or (B) the seller is acting for the owner and has permission to sell each item. If the seller is not the owner, such statement shall include the name and address of the owner of the property.

(c)    Every scrap metal dealer shall take one photograph of the item or lot of items being sold at the time of purchase or receipt of any item for which such information is required to be presented. Such photographs shall be kept with the record of the transaction and the scrap metal dealer's register of information required by subsection (b).

(d)   The scrap metal dealer's register of information required by subsection (b), including copies of identification cards and signed statements by sellers, and photographs required by subsection (c) may be kept in electronic format.

(e)   Every scrap metal dealer shall forward information required by the Kansas bureau of investigation for each transaction to the database described in K.S.A. 2018 Supp. 50-6,109a, and amendments thereto, in the manner prescribed by the bureau within 72 hours after the transaction occurs. The Kansas bureau of investigation shall promulgate rules and regulations providing which information and photographs required to be collected by scrap metal dealers by subsections (b) and (c) shall be entered into the database and prescribing the manner for submitting such information and photographs to the bureau.

(f)    Notwithstanding any other provision to the contrary, this section shall not apply to transactions in which the seller is a:

        (1)   Registered scrap metal dealer;

        (2)   vehicle dealer licensed under chapter 8 of the Kansas Statutes Annotated, and amendments thereto; or

        (3)   scrap metal dealer or vehicle dealer registered or licensed in another state.

(g)   (1)   Except as provided in subsection (g)(2), this section shall not apply to transactions in which the seller is known to the purchasing scrap metal dealer to be a licensed business that operates out of a fixed business location and that can reasonably be expected to generate regulated scrap metal.

        (2)   The attorney general may determine, by rules and regulations, which of the requirements of this section shall apply to transactions described in subsection (g)(1).

History: L. 2007, ch. 128, § 2; L. 2009, ch. 88, § 3; L. 2011, ch. 86, § 6; L. 2015, ch. 96, § 13; L. 2017, ch. 76, § 6; L. 2018, ch. 79, § 5; L. 2019, ch. 66, § 5; July 1; L. 2019, ch. 66, § 6; L. 2020, ch. 12, § 4; July 1, 2020.


50-6,111 Unlawful acts, scrap metal dealer; required information; records.

(a)   It shall be unlawful for any such scrap metal dealer, or employee or agent of the dealer, to purchase any item or items of regulated scrap metal in a transaction for which K.S.A. 2018 Supp. 50-6,110, and amendments thereto, requires information to be presented by the seller, without demanding and receiving from the seller that information. Every scrap metal dealer shall file and maintain a record of information obtained in compliance with the requirements in K.S.A. 2018 Supp. 50-6,110, and amendments thereto. All records kept in accordance with the provisions of the scrap metal theft reduction act shall be open at all times to law enforcement officers and shall be kept for two years. If the required information is maintained in electronic format, the scrap metal dealer shall provide a printout of the information to law enforcement officers upon request.

(b)   It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any junk vehicle in a transaction for which K.S.A. 2018 Supp. 50-6,110, and amendments thereto, requires information to be presented by the seller, without:

(1) Inspecting the vehicle offered for sale and recording the vehicle identification number; and

(2) obtaining an appropriate bill of sale issued by a governmentally operated vehicle impound facility if the vehicle purchased has been impounded by such facility or agency.

(c)    It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase or receive any regulated scrap metal from a minor unless such minor is accompanied by a parent or guardian or such minor is a licensed scrap metal dealer.

(d)   It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any of the following items without obtaining proof that the seller is an employee, agent or person who is authorized to sell the item on behalf of the governmental entity; utility provider; railroad; cemetery; civic organization; manufacturing, industrial or other commercial vendor that generates or sells such items in the regular course of business; or scrap metal dealer:

        (1)   Utility access cover;

        (2)   street light poles or fixtures;

        (3)   road or bridge guard rails;

        (4)   highway or street sign;

        (5)   water meter cover;

        (6)   traffic directional or traffic control signs;

        (7)   traffic light signals;

        (8)   any metal marked with any form of the name or initials of a governmental entity;

        (9)   property owned and marked by a telephone, cable, electric, water or other utility provider;

        (10) property owned and marked by a railroad;

        (11) funeral markers or vases;

        (12) historical markers;

        (13) bales of regulated metal;

        (14) beer kegs;

        (15) manhole covers;

        (16) fire hydrants or fire hydrant caps;

        (17) junk vehicles with missing or altered vehicle identification numbers;

        (18) real estate signs;

        (19) bleachers or risers, in whole or in part;

        (20) twisted pair copper telecommunications wiring of 25 pair or greater existing in 19, 22, 24 or 26 gauge; and

        (21) burnt wire.

(e)   It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to sell, trade, melt or crush, or in any way dispose of, alter or destroy any regulated scrap metal, junk vehicle or vehicle part upon notice from any law enforcement agency, or any of their agents or employees, that they have cause to believe an item has been stolen. A scrap metal dealer shall hold any of the items that are designated by or on behalf of the law enforcement agency for 30 days, exclusive of weekends and holidays.

History: L. 2007, ch. 128, § 3; L. 2009, ch. 88, § 4; L. 2011, ch. 86, § 7; L. 2012, ch. 38, § 1; L. 2015, ch. 96, § 14; L. 2017, ch. 76, § 7; L. 2018, ch. 79, § 6; L. 2019, ch. 66, § 7; July 1; L. 2019, ch. 66, § 8; July 1, 2020.


50-6,112a Scrap metal dealer registration; fees.

(a)   A scrap metal dealer shall not purchase any regulated scrap metal without having first registered each place of business with the attorney general as herein provided.

(b)   The attorney general shall establish a system for the public to confirm scrap metal dealer registration certificates. Such system shall include a listing of valid registration certificates and such other information collected pursuant to the scrap metal theft reduction act, as the attorney general may determine is appropriate. Disclosure of any information through use of the system established by the attorney general shall not be deemed to be an endorsement of any scrap metal dealer or determination of any facts, qualifications, information or reputation of any scrap metal dealer by the attorney general, the state, or any of their respective agents, officers, employees or assigns.

(c)    A registration for a scrap metal dealer shall be verified and upon a form approved by the attorney general and contain:

        (1)   (A)   The name and residence of the applicant, including all previous names and aliases; or

                (B)   if the applicant is a: Corporation, the name and address of each manager, officer or director thereof, and each stockholder owning in the aggregate more than 25% of the stock of such corporation; or partnership or limited liability company, the name and address of each partner or member;

        (2)   the length of time that the applicant has resided within the state of Kansas and a list of all residences outside the state of Kansas during the previous 10 years;

        (3)   the particular place of business for which a registration is desired, the name of the business, the address where the business is to be conducted, the hours of operation and the days of the week during which the applicant proposes to engage in business;

        (4)   the name of the owner of the premises upon which the place of business is located; and

        (5)   the applicant shall disclose any prior convictions within 10 years immediately preceding the date of making the registration for: A violation of article 37 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2018 Supp. 21-5801 through 21-5839 or K.S.A. 2018 Supp. 21-6412(a)(6), and amendments thereto; perjury, K.S.A. 21-3805, prior to its repeal, or K.S.A. 2018 Supp. 21-5903, and amendments thereto; compounding a crime, K.S.A. 21-3807, prior to its repeal; obstructing legal process or official duty, K.S.A. 21-3808, prior to its repeal; falsely reporting a crime, K.S.A. 21-3818, prior to its repeal; interference with law enforcement, K.S.A. 2018 Supp. 21-5904, and amendments thereto; interference with judicial process, K.S.A. 2018 Supp. 21-5905, and amendments thereto; or any crime involving dishonesty or false statement or any substantially similar offense pursuant to the laws of any city, state or of the United States.

(d)   On and after July 1, 2020, each registration for a scrap metal dealer to purchase regulated scrap metal shall be accompanied by a fee of not more than $500, as prescribed by the attorney general for each particular place of business for which a registration is desired.

(e)   The attorney general shall accept a registration for a scrap metal dealer as otherwise provided for herein, from any scrap metal dealer qualified to file such registration, to purchase regulated scrap metals. Such registration shall be issued for a period of one year.

(f)    On and after July 1, 2020, if an original registration is accepted, the attorney general shall grant and issue renewals thereof upon application of the registration holder, if the registration holder is qualified to receive the same and the registration has not been revoked as provided by law. The renewal fee shall be not more than $500, as prescribed by the attorney general.

(g)   Any registration issued under the scrap metal theft reduction act shall not be transferable.

(h)   This section shall not apply to a business licensed under the provisions of K.S.A. 8-2404, and amendments thereto, unless such business buys or recycles regulated scrap metal that are not motor vehicle components.

History: L. 2011, ch. 86, § 1; L. 2012, ch. 38, § 2; L. 2015, ch. 96, § 15; L. 2017, ch. 76, § 8; L. 2018, ch. 79, § 7; L. 2019, ch. 66, § 9; L. 2019, ch. 66, § 10; July 1.


50-6,112b Same; persons and business entities prohibited from registration; criminal history records check, fingerprints.

(a)   After examining the information contained in a filing for a scrap metal dealer registration and determining the registration meets the statutory requirements for such registration, the attorney general shall accept such filing and the scrap metal dealer shall be deemed to be properly registered.

(b)   No scrap metal registration shall be accepted for:

        (1)   A person who is not a citizen or legal permanent resident of the United States.

        (2)   A person who is under 18 years of age and whose parents or legal guardians have been convicted of a felony or other crime that would disqualify a person from registration under this section and such crime was committed during the time that such parents or legal guardians held a registration under the scrap metal theft reduction act.

        (3)   A person who, within 10 years immediately preceding the date of filing, has pled guilty to, entered into a diversion agreement for, been convicted of, released from incarceration for or released from probation or parole for committing, attempting to commit, or conspiring to commit a violation of: Article 37 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2018 Supp. 21-5801 through 21-5839 or K.S.A. 2018 Supp. 21-6412(a)(6), and amendments thereto; perjury, K.S.A. 21-3805, prior to its repeal, or K.S.A. 2018 Supp. 21-5903, and amendments thereto; compounding a crime, K.S.A. 21-3807, prior to its repeal; obstructing legal process or official duty, K.S.A. 21-3808, prior to its repeal; falsely reporting a crime, K.S.A. 21-3818, prior to its repeal; interference with law enforcement, K.S.A. 2018 Supp. 21-5904, and amendments thereto; interference with judicial process, K.S.A. 2018 Supp. 21-5905, and amendments thereto; or any crime involving dishonesty or false statement or any substantially similar offense pursuant to the laws of any city, state or of the United States.

        (4)   A person who within the 10 years immediately preceding the date of registration held a scrap metal dealer registration that was revoked, or managed a facility for a scrap metal dealer whose registration was revoked, or was an employee whose conduct led to or contributed to the revocation of such registration.

        (5)   A person who makes a materially false statement on the registration application or has made a materially false statement on a registration or similar filing within the last 10 years.

        (6)   A partnership or limited liability company, unless all partners or members of the partnership or limited liability company are otherwise qualified to file a registration.

        (7)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason.

        (8)   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all of the qualifications for registration.

        (9)   A person whose spouse has been convicted of a felony or other crime that would disqualify a person from registration under this section and such crime was committed during the time that the spouse held a registration under the scrap metal theft reduction act.

        (10) A person who does not own the premises upon which the place of business is located for which a license is sought, unless the person has a written lease for at least 3/4 of the period for which the license is to be issued.

History: L. 2011, ch. 86, § 2; L. 2015, ch. 96, § 16; L. 2017, ch. 76, § 9; L. 2018, ch. 79, § 8; L. 2019, ch. 66, § 11; July 1; L. 2019, ch. 66, § 12; July 1, 2020.


50-6,112c Same; suspension or revocation; appeal.

(a)   The attorney general, upon five days notice to the persons holding a registration, may suspend the scrap metal dealer's registration for up to 30 days for any one of the following reasons:

        (1)   The registrant has been found to have violated any of the provisions of the scrap metal theft reduction act, or any similar ordinance, resolution or rules or regulations;

        (2)   the employment or continuation in employment of a person if the registered scrap metal dealer knows such person has, within the 24 months prior to the notice of suspension or revocation action, been found to have violated any of the provisions of the scrap metal theft reduction act, or the laws of another state comparable to such provisions, or any city or county ordinance or resolution, or regulation controlling scrap metal sale or purchase in Kansas or any other state; or

        (3)   permitting any criminal activity under the Kansas criminal code, or similar ordinance, resolution or rules or regulations made by the board or city, as the case may be, in or upon the registrant's place of business.

(b)   The attorney general may revoke the registration of a scrap metal dealer who has had its registration suspended three or more times within a 24-month period.

(c)    The attorney general, upon five days' notice to the person holding the registration, shall revoke or suspend the registration for any one of the following reasons:

        (1)   The registrant has fraudulently registered by knowingly giving materially false information on the registration form;

        (2)   the registrant has become ineligible to obtain a registration under the scrap metal theft reduction act;

        (3)   the nonpayment of any registration fees after receiving written notice that such registration fees are more than 30 days past due; or

        (4)   the nonpayment of any civil penalty after receiving written notice that such penalty is more than 30 days past due.

(d)   Any action brought under this section shall be brought individually against a single registrant's place of business and not against any other place of business registered by the same individual, company or business entity.

(e)   Any person aggrieved by the decision of the attorney general to suspend or revoke a registration under this section may appeal such decision in accordance with rules and regulations promulgated by the attorney general to implement the scrap metal theft reduction act.

History: L. 2011, ch. 86, § 3; L. 2015, ch. 96, § 17; Jan. 1, 2016.


50-6,112d. Sunset

(a)   The provisions of the scrap metal theft reduction act shall expire on July 1, 2023.

(b)   This section shall be a part of and supplemental to the scrap metal theft reduction act.

L. 2019, ch. 66, § 13; July 1