50-6,111.Unlawful acts; required information;records.(a) It shall be unlawful for any such scrap metaldealer, or employee or agent of the dealer,topurchase any item or items ofregulated scrap metal in a transaction for whichK.S.A. 2009 Supp.50-6,110,andamendments thereto, requires information to be presented by the seller,without demanding andreceiving from the seller that information. Every scrapmetal dealer shall file andmaintain a record ofinformation obtained in compliance with therequirements inK.S.A. 2009 Supp.50-6,110, and amendments thereto. All recordskept in accordance with the provisions of this act shall be open at all timesto peace or law enforcement officersand shall be kept for two years.If the required information is maintained in electronic format, the scrapmetal dealer shall provide a printout of the information to peace or lawenforcement officers upon request.
(b) It shall be unlawful for any scrap metal dealer, or employee or agentof the dealer, to purchaseany item or items of regulated scrap metal in a transaction forwhich K.S.A. 2009 Supp. 50-6,110, and amendments thereto,requires information to be presented by the seller, withoutobtaining from the seller a signed statement that: (1) each itemis the seller's own personal property, is free of encumbrancesand is not stolen; or (2) that the seller is acting for the ownerand has permission to sell each item.
(c) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany junk vehicle in a transaction for whichK.S.A. 2009 Supp. 50-6,110, and amendments thereto, requiresinformation to be presented by the seller, without: (1)inspecting the vehicle offered for sale and recording the vehicleidentification number; and (2) obtaining an appropriate vehicletitle or bill of sale issued by a governmentally operated vehicleimpound facility if the vehicle purchased has been impounded bysuch facility or agency.
(d) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,topurchase or receive any regulated scrap metal froma minor.
(e) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany of the following items of regulated scrap metal propertywithout obtaining proof that the seller is an employee, agent orperson who is authorized to sell the item of regulated scrapmetal property on behalf of the governmental entity, utilityprovider, railroad, cemetery, civic organization or scrap metaldealer:
(1) Utility access cover;
(2) street light poles or fixtures;
(3) road or bridge guard rails;
(4) highway or street sign;
(5) water meter cover;
(6) traffic directional or traffic control signs;
(7) traffic light signals;
(8) any metal marked with any form of the name or initials of agovernmental entity;
(9) property owned and marked by a telephone, cable, electric,water or other utility provider;
(10) property owned and marked by a railroad;
(11) funeral markers or vases;
(12) historical markers;
(13) bales of regulated metal;
(14) beer kegs;
(15) manhole covers;
(16) fire hydrants or fire hydrant caps;
(17) junk vehicles with missing or altered vehicleidentification numbers;
(18) real estate signs; and
(19) bleachers or risers, in whole or in part.
(f) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to sell,trade, melt or crush, or in any way dispose of, alter or destroyany regulated scrap metal, junk vehicle or vehicle part uponnotice from any law enforcement agency, or any of their agents oremployees, that they have cause to believe an item has beenstolen. A scrap metal dealer shall hold any of the items thatare designated by or on behalf of the law enforcement agency for30 days, exclusive of weekends and holidays.
History: L. 2007, ch. 128, § 3;L. 2009, ch. 88, § 4; July 1.
50-6,111.Unlawful acts; required information;records.(a) It shall be unlawful for any such scrap metaldealer, or employee or agent of the dealer,topurchase any item or items ofregulated scrap metal in a transaction for whichK.S.A. 2009 Supp.50-6,110,andamendments thereto, requires information to be presented by the seller,without demanding andreceiving from the seller that information. Every scrapmetal dealer shall file andmaintain a record ofinformation obtained in compliance with therequirements inK.S.A. 2009 Supp.50-6,110, and amendments thereto. All recordskept in accordance with the provisions of this act shall be open at all timesto peace or law enforcement officersand shall be kept for two years.If the required information is maintained in electronic format, the scrapmetal dealer shall provide a printout of the information to peace or lawenforcement officers upon request.
(b) It shall be unlawful for any scrap metal dealer, or employee or agentof the dealer, to purchaseany item or items of regulated scrap metal in a transaction forwhich K.S.A. 2009 Supp. 50-6,110, and amendments thereto,requires information to be presented by the seller, withoutobtaining from the seller a signed statement that: (1) each itemis the seller's own personal property, is free of encumbrancesand is not stolen; or (2) that the seller is acting for the ownerand has permission to sell each item.
(c) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany junk vehicle in a transaction for whichK.S.A. 2009 Supp. 50-6,110, and amendments thereto, requiresinformation to be presented by the seller, without: (1)inspecting the vehicle offered for sale and recording the vehicleidentification number; and (2) obtaining an appropriate vehicletitle or bill of sale issued by a governmentally operated vehicleimpound facility if the vehicle purchased has been impounded bysuch facility or agency.
(d) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,topurchase or receive any regulated scrap metal froma minor.
(e) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany of the following items of regulated scrap metal propertywithout obtaining proof that the seller is an employee, agent orperson who is authorized to sell the item of regulated scrapmetal property on behalf of the governmental entity, utilityprovider, railroad, cemetery, civic organization or scrap metaldealer:
(1) Utility access cover;
(2) street light poles or fixtures;
(3) road or bridge guard rails;
(4) highway or street sign;
(5) water meter cover;
(6) traffic directional or traffic control signs;
(7) traffic light signals;
(8) any metal marked with any form of the name or initials of agovernmental entity;
(9) property owned and marked by a telephone, cable, electric,water or other utility provider;
(10) property owned and marked by a railroad;
(11) funeral markers or vases;
(12) historical markers;
(13) bales of regulated metal;
(14) beer kegs;
(15) manhole covers;
(16) fire hydrants or fire hydrant caps;
(17) junk vehicles with missing or altered vehicleidentification numbers;
(18) real estate signs; and
(19) bleachers or risers, in whole or in part.
(f) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to sell,trade, melt or crush, or in any way dispose of, alter or destroyany regulated scrap metal, junk vehicle or vehicle part uponnotice from any law enforcement agency, or any of their agents oremployees, that they have cause to believe an item has beenstolen. A scrap metal dealer shall hold any of the items thatare designated by or on behalf of the law enforcement agency for30 days, exclusive of weekends and holidays.
History: L. 2007, ch. 128, § 3;L. 2009, ch. 88, § 4; July 1.
50-6,111.Unlawful acts; required information;records.(a) It shall be unlawful for any such scrap metaldealer, or employee or agent of the dealer,topurchase any item or items ofregulated scrap metal in a transaction for whichK.S.A. 2009 Supp.50-6,110,andamendments thereto, requires information to be presented by the seller,without demanding andreceiving from the seller that information. Every scrapmetal dealer shall file andmaintain a record ofinformation obtained in compliance with therequirements inK.S.A. 2009 Supp.50-6,110, and amendments thereto. All recordskept in accordance with the provisions of this act shall be open at all timesto peace or law enforcement officersand shall be kept for two years.If the required information is maintained in electronic format, the scrapmetal dealer shall provide a printout of the information to peace or lawenforcement officers upon request.
(b) It shall be unlawful for any scrap metal dealer, or employee or agentof the dealer, to purchaseany item or items of regulated scrap metal in a transaction forwhich K.S.A. 2009 Supp. 50-6,110, and amendments thereto,requires information to be presented by the seller, withoutobtaining from the seller a signed statement that: (1) each itemis the seller's own personal property, is free of encumbrancesand is not stolen; or (2) that the seller is acting for the ownerand has permission to sell each item.
(c) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany junk vehicle in a transaction for whichK.S.A. 2009 Supp. 50-6,110, and amendments thereto, requiresinformation to be presented by the seller, without: (1)inspecting the vehicle offered for sale and recording the vehicleidentification number; and (2) obtaining an appropriate vehicletitle or bill of sale issued by a governmentally operated vehicleimpound facility if the vehicle purchased has been impounded bysuch facility or agency.
(d) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,topurchase or receive any regulated scrap metal froma minor.
(e) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to purchaseany of the following items of regulated scrap metal propertywithout obtaining proof that the seller is an employee, agent orperson who is authorized to sell the item of regulated scrapmetal property on behalf of the governmental entity, utilityprovider, railroad, cemetery, civic organization or scrap metaldealer:
(1) Utility access cover;
(2) street light poles or fixtures;
(3) road or bridge guard rails;
(4) highway or street sign;
(5) water meter cover;
(6) traffic directional or traffic control signs;
(7) traffic light signals;
(8) any metal marked with any form of the name or initials of agovernmental entity;
(9) property owned and marked by a telephone, cable, electric,water or other utility provider;
(10) property owned and marked by a railroad;
(11) funeral markers or vases;
(12) historical markers;
(13) bales of regulated metal;
(14) beer kegs;
(15) manhole covers;
(16) fire hydrants or fire hydrant caps;
(17) junk vehicles with missing or altered vehicleidentification numbers;
(18) real estate signs; and
(19) bleachers or risers, in whole or in part.
(f) It shall be unlawful for any scrap metal dealer, or employee or agent ofthe dealer,to sell,trade, melt or crush, or in any way dispose of, alter or destroyany regulated scrap metal, junk vehicle or vehicle part uponnotice from any law enforcement agency, or any of their agents oremployees, that they have cause to believe an item has beenstolen. A scrap metal dealer shall hold any of the items thatare designated by or on behalf of the law enforcement agency for30 days, exclusive of weekends and holidays.
History: L. 2007, ch. 128, § 3;L. 2009, ch. 88, § 4; July 1.
