Session of 2025
SENATE BILL No. 247
By Committee on Judiciary
2-7
AN ACT concerning the scrap metal theft reduction act; relating to vehicle
dealers; eliminating the exemption for vehicle dealers from certain
requirements of the act; amending K.S.A. 2024 Supp. 50-6,110 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 50-6,110 is hereby amended to read as
follows: 50-6,110.(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;
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(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. 2024 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; or
(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.
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(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).
Sec. 2. K.S.A. 2024 Supp. 50-6,110 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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