50-6,109a. Same; implementation, administration and enforcement by attorney general and Kansas bureau of investigation; rules and regulations; scrap metal theft reduction fee fund and scrap metal data repository fund; database, requirements; report to legislature. (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. 2021 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. 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.
Structure Kansas Statutes
Chapter 50 - Unfair Trade And Consumer Protection
Article 6 - Consumer Protection
50-618 Unsolicited credit cards; rights of recipient when card lost or stolen.
50-620 Prohibited acts; certain information as to ownership of junk required; register.
50-623 Kansas consumer protection act; purpose; construction.
50-625 Waiver; agreement to forego rights; settlement of claims.
50-626 Deceptive acts and practices.
50-627 Unconscionable acts and practices.
50-628 Duties of the attorney general.
50-629 General powers of the attorney general.
50-630 Rule-making requirements.
50-631 Investigation of violations; remedies.
50-633 Coordination with other supervision.
50-635 Consumer protection act; application.
50-637 Powers of receiver; effect of receivership.
50-638 Jurisdiction and venue.
50-640 Door-to-door sales; cancellation; required disclosures; notice of cancellation; definition.
50-640a Individuals prohibited from engaging in door-to-door sales.
50-644 Thermal insulation, flame spread standards.
50-647 Odometer fraud; civil remedies; definitions.
50-648 Odometer fraud; purchase of motor vehicle voided; consumer remedies.
50-649 Odometer fraud; enforcement by attorney general.
50-650 Odometer fraud; purchase of motor vehicle not voided; consumer remedies.
50-651 Odometer fraud; civil penalty.
50-652 Odometer statement required; exceptions.
50-653 Title search disclosure; supplier no liability if disclosed.
50-653a Odometer fraud; attorney general investigations of violations; subpoena power.
50-654 Kansas collision damage waiver act; citation.
50-657 Rental agreement; collision damage waiver; requirements.
50-658 Collision damage waiver; deceptive acts or practices.
50-660 After market parts; definitions.
50-661 Disclosure by insurer to use after market parts; violations.
50-662 Disclosure requirements; installer of parts responsible for negligent installation.
50-663 Enforcement under consumer protection act; deceptive act or practice.
50-664 Vehicles not covered by act.
50-665 Failure to disclose by vehicle dealer that vehicle is being sold by dealer.
50-666 Invention promotion services; definitions.
50-667 Same; disclosures; required information and statement in contract.
50-668 Deceptive act or practice; supplemental to Kansas consumer protection act.
50-669 Required presentation of credit card when writing a check; exceptions.
50-669a Prohibiting the taking of personal information when using a credit card.
50-669b Prohibiting printing of credit card or debit card account numbers on receipts.
50-670 Kansas no-call act; definitions; requirements and prohibitions; remedies.
50-670a Same; no-call list; prohibitions; remedies; attorney general, powers and duties.
50-675 Supplemental to Kansas consumer protection act; unconscionable acts.
50-676 Protected consumer; definitions.
50-677 Same; enhanced civil penalty.
50-678 Same; factors to consider in imposition of enhanced civil penalty.
50-679 Same; cause of action; priority over enhanced civil penalty.
50-679a K.S.A. 50-676 through 50-679 supplemental to consumer protection act.
50-682 Lease-purchase agreements; scope; applicability of other laws.
50-683 Same; required disclosures by lessor, when and how.
50-684 Same; required disclosures in agreement.
50-685 Same; proscribed provisions.
50-686 Same; consumer's right to reinstate agreement.
50-687 Same; written receipt required.
50-690 Same; unconscionable act or practice.
50-692 Prize notification; definitions; requirements of notice and solicitation; violations.
50-6,100 Arbitration of disputes.
50-6,103 Telecommunications services; unauthorized change of provider or addition of services.
50-6,104 Sale of cigarettes in violation of cigarette and tobacco products act.
50-6,105 Method of payment; express authorization required; when.
50-6,106 Unconscionable acts; remedies.
50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.
50-6,109 Scrap metal theft reduction act; definitions.
50-6,109b Same; violations, powers of attorney general.
50-6,109c 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.
50-6,111 Unlawful acts, scrap metal dealer; required information; records.
50-6,112a Scrap metal dealer registration; fees.
50-6,112b Same; persons and business entities prohibited from registration.
50-6,112c Same; suspension or revocation; appeal.
50-6,112d Same; expiration of act.
50-6,114 Vehicle protection products; definitions; not insurance.
50-6,115 Same; incidental costs; conditions.
50-6,116 Truth in musical performance advertising act.
50-6,118 Same; unlawful advertising of a live musical performance; exceptions.
50-6,120 Same; affirmative defense.
50-6,121 Kansas roofing registration act; citation.
50-6,123 Same; registration certificate required; penalties.
50-6,124 Same; administration of act; rules and regulations.
50-6,125 Same; registration application requirements; refusal to register; notification.
50-6,126 Same; criminal history record inquiry.
50-6,127 Same; duties of roofing contractor.
50-6,128 Same; fees; roofing contractor registration fund.
50-6,130 Same; application for registration, time limit for processing.
50-6,131 Same; notification of attorney general required, when; fees.
50-6,132 Same; roofing contractor registration certificate renewal; reinstatement fee.
50-6,133 Same; violations; complaints; investigations; subpoenas.
50-6,135 Same; disclosure of roofing contractor's registration certificate number.
50-6,136 Same; information system, establishment of.
50-6,137 Same; effect on other statutes.
50-6,138 Same; deceptive or unconscionable acts or practices.
50-6,138a Violations; general contractor's duty to report.
50-6,138b Letter of exemption for general contractor.
50-6,139 Identity theft; identity fraud; unconscionable act or practice; Wayne Owen act.
50-6,139a Attorney general assistance for victims of identity-related crimes.
50-6,139b Requirements for holders of personal information.
50-6,140 Bad faith assertion of patent infringement; unconscionable act or practice.
50-6,141 Unlicensed conduct as a bail enforcement agent; penalties.
50-6,142 Unauthorized practice of law; penalties.
50-6,143 Residential real estate insurance policy; assignment of rights or benefits to contractor.