2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,110 Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions; rules and regulations.

50-6,110. Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions; rules and regulations.
(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. 2023 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; L. 2019, ch. 66, § 6; L. 2020, ch. 12, § 4; July 1.