House Substitute for SB 138 by Committee on Judiciary - Authorizing law enforcement officers to conduct investigations of violations of the scrap metal theft reduction act.

Session of 2025
House Substitute for SENATE BILL No. 138
By Committee on Judiciary
3-19
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
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H Sub for SB 138 2
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. 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
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H Sub for SB 138 3
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.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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