SENATE BILL No. 237
AN ACT concerning the scrap metal theft reduction act; authorizing law enforcement
officers to conduct investigations of violations of the act; amending K.S.A. 2024
Supp. 50-6,109a and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 50-6,109a is hereby amended to
read as follows: 50-6,109a. (a) (1) Except as provided in paragraph
(2), 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)(A) Employ or appoint agents as necessary to implement,
administer and enforce the act;
(2)(B) contract;
(3)(C) expend funds;
(4)(D) license and discipline;
(5)(E) investigate;
(6)(F) issue subpoenas;
(7)(G) keep statistics; and
(8)(H) conduct education and outreach programs to promote
compliance with the act.
(2) Kansas law enforcement officers are hereby authorized to
conduct investigations of violations of the scrap metal theft reduction
act. Upon conclusion of an investigation, investigative reports shall be
submitted to the attorney general regardless of whether any local
action was taken as a result of such investigation.
(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 SENATE BILL No. 237—page 2
establish and maintain a database which shall be a central repository for
the information required to be provided under K.S.A. 2024 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 (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.
(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.
Sec. 2. K.S.A. 2024 Supp. 50-6,109a is hereby repealed. SENATE BILL No. 237—page 3
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.