Bill
HB 2349
Gives Kansas law enforcement authority to investigate scrap metal theft violations and requires investigators' reports be sent to the Attorney General, strengthening enforcement.
Status and key dates
- Introduced: February 3, 2025 (requested by Marlee Carpenter on behalf of the City of Wichita and Wichita Police Department).
- Current status: Referred to House Committee on Judiciary; Committee reported the bill favorably as amended.
- Bill source: Amends K.S.A. 2024 Supp. 50‑6,109a, 50‑6,109c and 50‑6,109f (Scrap Metal Theft Reduction Act).
Purpose and intent
- To strengthen enforcement of the Scrap Metal Theft Reduction Act by explicitly authorizing Kansas law enforcement officers to investigate alleged violations and by requiring investigative reports to be submitted to the Attorney General upon conclusion of an investigation.
Main provisions (as amended by the House Judiciary Committee)
- Authorizes Kansas law enforcement officers to conduct investigations of violations of the Scrap Metal Theft Reduction Act.
- Requires investigative reports, upon conclusion of an investigation, to be submitted to the Attorney General regardless of whether local action resulted from the investigation.
- Retains the Attorney General’s existing authorities under the Act (e.g., licensing/discipline, rulemaking, subpoenas, administration of funds and the scrap metal data repository managed by the KBI).
Committee amendments and removed provisions
- The Committee removed several provisions that had appeared in earlier drafts, including:
- A broad requirement that any local enforcement action be reported to the Attorney General;
- Newly created criminal prohibitions and statutory misdemeanor penalties tied to knowingly avoiding reporting requirements, using false descriptions, concealing seller identity, accepting prohibited items, purchasing while registration is suspended/revoked, and repeat unregistered purchases; and
- Provisions that would have precluded municipalities from enacting/enforcing ordinances in conflict with the Act or required local penalties to match those in the Act.
- As amended, the bill focuses on investigative authority and reporting of investigative results to the Attorney General.
Who would be affected
- Kansas law enforcement agencies and officers (investigative authority and reporting obligations).
- The Office of the Attorney General (receipt and review of investigative reports).
- Scrap metal dealers and related businesses may be indirectly affected by enhanced enforcement capacity; recycling industry representatives testified neutrally, noting potential for jurisdictional confusion but acknowledging additional law enforcement tools.
- Local courts/counties/cities: fiscal impacts depend on whether criminal provisions are later reinstated and on enforcement volume.
Fiscal and procedural impacts
- Fiscal note (based on earlier versions) estimates Attorney General needs $39,797 in FY2026 and $41,786 in FY2027 from the State General Fund to finance a 0.50 FTE Administrative Specialist to review local investigative reports and actions.
- The Office of Judicial Administration noted the potential for increased district‑court caseloads if criminal penalties are added (fiscal effect not estimated). Kansas Highway Patrol reported no fiscal effect. Counties/cities indicated possible but uncertain costs tied to investigations and court proceedings.
Stakeholder positions (committee hearing)
- Proponents: Wichita Police Department, Kansas Association of Chiefs of Police, Kansas Peace Officers Association, Kansas Sheriffs Association, National Insurance Crime Bureau, Office of the Attorney General — argued the bill improves enforcement tools against scrap‑metal theft.
- Neutral: Advantage Metals Recycling — raised concerns about potential jurisdictional confusion.
Notes
- The supplied materials included unrelated documents (other states’ HB 2349 texts). This summary addresses the Kansas Scrap Metal Theft Reduction Act amendment introduced in 2025.
Compiled from official sources — confirm details with the bill’s official record.
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