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HB 2118

mobile food vendors; licensure

57th Legislature - Second Regular Session Introduced by Neal Carter

Requires clear disclosures in solicitations to file or retrieve government records, flags ads as not government, and treats deceptive offers as KCPA violations.

Vetoed by Governor
0
WeVote Research Nonpartisan
Bill Summary · HB 2118

HB 2118 — Summary (Kansas, 2025)

Status: Approved by Governor (signed April 7, 2025). Becomes effective upon publication in the statute book.

Purpose and intent

HB 2118 is designed to protect consumers (including small businesses) from misleading solicitations that charge fees to file documents with, or retrieve copies/certified copies of certificates or public records from, federal, state, state agencies or local governments. The bill requires clear disclosure in such solicitations and treats violations as deceptive practices under the Kansas Consumer Protection Act (KCPA).

Who is covered / excluded

  • Applies to any person (other than the federal government, the State of Kansas, a state agency or a local government) who directly advertises to a person and solicits a fee for filing or retrieving the specified records.
  • Not considered a “solicitation”: (1) communications initiated by the consumer; or (2) advertising/marketing to a consumer with whom the solicitor has a current or former commercial relationship.

Key requirements (what solicitations must include)

Each solicitation must contain:
- A disclosure statement (in the same language as the solicitation), identical or substantially similar to:
"This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer."
- For written solicitations this statement must be in at least 24-point type and placed at the top of the document or beginning of an electronic communication.
- The name and physical street address (no PO boxes) of the person making the solicitation.
- Information on where the consumer can file the document directly with the Secretary of State or retrieve the record themselves.
- If mailed, the envelope/cover/wrapper must display: THIS IS NOT A GOVERNMENT DOCUMENT (24-point type, all caps).

Prohibitions

Solicitations may not be formatted or use deadlines/language that make the document appear to be issued by a government entity or that appear to impose a legal duty on the recipient.

Enforcement and penalties

  • A violation is a deceptive act or practice under the KCPA. For remedies and penalties under the KCPA, the solicitor is treated as the “supplier” and the recipient as the “consumer.” Proof of a consumer transaction is not required.
  • The Attorney General would investigate complaints; the fiscal note anticipates one new investigator (cost ~$78,075 annually beginning FY2026). The Judicial Branch may see increased district-court filings; revenues from fines/fees would be deposited to the State General Fund but are expected to be negligible.

Practical impact

Businesses or individuals that send fee-based solicitations for filing/retrieving government records must change their forms and mailing practices to include prescribed disclosures and avoid government-like appearance. Consumers gain clearer notice to reduce scams and confusing offers.

Compiled from official sources — confirm details with the bill’s official record.

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