SENATE BILL No. 199
AN ACT concerning fire protection; relating to the fallen firefighters memorial;
designating the existing fallen firefighters memorial within the Kansas firefighters
museum in Wichita as the official fallen firefighters memorial of the state of Kansas;
creating the Kansas fallen firefighters memorial council; abolishing the existing
Kansas firefighters memorial advisory committee and transferring such committee's
powers, duties, functions, records and other property to the newly created council;
requiring expenditures from the Kansas fallen firefighters memorial fund for the
purposes of constructing, updating and repairing the memorial and allowing
expenditures to be made for other purposes related to memorializing and honoring
Kansas firefighters; relating to fireworks; defining the fireworks sales season for
seasonal retailers of consumer fireworks and providing for year-round sales by
permanent retailers of consumer fireworks; requiring registration with the state fire
marshal by permanent retailers; creating the license categories of distributor of
display fireworks, distributor of articles pyrotechnic and unlimited distributor;
limiting lawful sale of fireworks labeled "For Professional Use Only" to certain
license categories; amending K.S.A. 31-502, 31-503 and 75-36,102 and repealing the
existing sections; also repealing K.S.A. 75-36,103.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The Kansas firefighters memorial advisory
committee is hereby abolished, and all powers, duties, functions,
records and other property of the Kansas firefighters memorial advisory
committee are hereby transferred to the Kansas fallen firefighters
memorial council created by section 2, and amendments thereto.
New Sec. 2. (a) There is hereby established the Kansas fallen
firefighters memorial council, which shall be composed of nine
members as follows:
(1) A representative of the Kansas state firefighters association
appointed by the governor;
(2) a representative of the Kansas state association of fire chiefs
appointed by the governor;
(3) a representative of the Kansas firefighters museum appointed
by the governor;
(4) a representative of the Kansas council of firefighters appointed
by the governor;
(5) a representative of the Wichita park board appointed by the
governor;
(6) a representative of the Kansas state funeral assistance team
appointed by the governor;
(7) a representative of the fire marshal's association of Kansas
appointed by the governor;
(8) the state fire marshal or the marshal's designee; and
(9) the executive director of the Kansas state historical society or
the executive director's designee.
(b) The council shall make recommendations to the governor and
the legislature regarding appropriate activities memorializing or
commemorating the services of firefighters in Kansas, including, but
not limited to, recommendations concerning the updating and repairing
of the fallen firefighters memorial pursuant to K.S.A. 75-36,102, and
amendments thereto. The council may solicit grants, gifts, contributions
and bequests for the memorial and shall remit all moneys so received
for deposit in the state treasury to the credit of the Kansas firefighters
memorial fund in accordance with K.S.A. 75-36,102, and amendments
thereto.
(c) The members of the council shall organize annually by electing
a chairperson and vice chairperson. The council shall meet at least once
each year upon the call of the chairperson. The secretary of
administration, or the secretary's designee, shall serve as secretary for
the council. Members of the council appointed by the governor under
this section shall serve at the pleasure of the governor.
Sec. 3. K.S.A. 31-502 is hereby amended to read as follows: 31-
502. As used in this act, unless the context otherwise requires:
(a) "Licensed display fireworks operator" means a person licensed SENATE BILL No. 199—page 2
to operate an outdoor display of display fireworks.
(b) "Licensed proximate pyrotechnic operator" means a person
licensed to operate indoor or outdoor articles of pyrotechnic.
(c) "Manufacturer" means any person engaged in the manufacture
of fireworks of any kind in the state of Kansas. Manufacturer shall also
include any person engaged in the assembly of consumer fireworks or
component parts into a finished item or assortment, but shall not
include repackaging finished goods into an assortment.
(d) "Distributor" means any person engaged in the distribution of
fireworks of any kind in the state of Kansas to include the following:
(1) Sells, delivers, transports, consigns, gives, imports, exports or
otherwise furnishes consumer fireworks to any person for the purpose
of resale to a retailer or any other distributor or reseller within the state
of Kansas;
(2) sells, intends to sell, offer for sale, possess with intent to sell or
consigns display fireworks or articles pyrotechnic to any person,
distributor, municipality or any other organization within the state of
Kansas; or
(3) produces, conducts or provides a licensed operator or imports
any display fireworks or articles pyrotechnic of any kind within the
state of Kansas for profit.
(e) "Distributor" shall not include:
(1) Anyone who transports fireworks from one state to another
state through the state of Kansas and such fireworks ultimate
destination is not within the state of Kansas;
(2) anyone who sells consumer fireworks during a fireworks
season as a seasonal retailer;
(3) freight delivery companies or common carriers as defined in
U.S. department of transportation 49 C.F.R. § 171.8; or
(4) an out-of-state person who sells, transports, delivers or gives
fireworks to a licensed manufacturer or distributor.
(f) "Hobbyist manufacturer" means any person who manufactures
consumer fireworks, display fireworks or articles pyrotechnic for their
personal use.
(g) "Person" means any individual, partnership, firm, company,
association, corporation, not-for-profit organization, municipality or
limited liability corporation.
(h) "Seasonal retailer" means a person who receives consumer
fireworks and sells, delivers, consigns, gives or otherwise furnishes
consumer fireworks only to the public for their personal use and only
during a fireworks season.
(i) "Storage" means the safekeeping of fireworks in a warehouse
or magazine or comparable appropriate depository. Consumer
fireworks that are located at the destination of their retail sale and that
are being held in anticipation of retail sale shall not be considered as in
storage.
(j) "Fireworks season" means a period in time as set forth in the
regulations authorized to be adopted by the state fire marshal during a
calendar year in which seasonal retailers are permitted to sell consumer
fireworks to the public.
(k) "Fireworks display" means a private or public production of
display fireworks or articles pyrotechnic, or both, which are intended
for use and designed to produce visible or audible effects for
entertainment purposes by combustion, deflagration or detonation.
(a) (1) "Distributor of display fireworks" means any person
engaged in the distribution of display fireworks in the state of Kansas,
including:
(A) Selling, intending to sell, offering for sale, possessing with
intent to sell or consigning display fireworks to any person, distributor, SENATE BILL No. 199—page 3
municipality or any other organization within the state of Kansas; or
(B) producing, conducting or providing to a licensed operator or
importing any display fireworks of any kind within the state of Kansas
for profit.
(2) "Distributor of display fireworks" does not include the
exclusions set forth in the definition of "unlimited distributor."
(b) (1) "Distributor of articles pyrotechnic" means any person
engaged in the distribution of articles pyrotechnic in the state of
Kansas, including:
(A) Selling, intending to sell, offering for sale, possessing with
intent to sell or consigning articles pyrotechnic to any person,
distributor, municipality or any other organization within the state of
Kansas; or
(B) producing, conducting or providing to a licensed operator or
importing any articles pyrotechnic of any kind within the state of
Kansas for profit.
(2) "Distributor of display fireworks" does not include the
exclusions set forth in the definition of "unlimited distributor."
(c) "Fireworks display" means a private or public production of
display fireworks or articles pyrotechnic, or both, that are intended for
use and designed to produce visible or audible effects for entertainment
purposes by combustion, deflagration or detonation.
(d) "Hobbyist manufacturer" means any person who manufactures
consumer fireworks, display fireworks or articles pyrotechnic for their
personal use.
(e) "Licensed display fireworks operator" means a person
licensed to operate an outdoor display of display fireworks.
(f) "Licensed proximate pyrotechnic operator" means a person
licensed to operate indoor or outdoor articles pyrotechnic.
(g) "Manufacturer" means any person engaged in the manufacture
of fireworks of any kind in the state of Kansas. "Manufacturer"
includes any person engaged in the assembly of consumer fireworks or
component parts into a finished item or assortment but does not
include repackaging finished goods into an assortment.
(h) "Permanent retailer" means any person engaged in the year-
round retail sale of consumer fireworks, including the receipt and
possession with intent to sell of consumer fireworks and the retail sale,
delivery, consignment, gifting or other distribution at retail of
consumer fireworks to any person from a permanent structure at a
permanent location within this state.
(i) "Person" means any individual, partnership, firm, company,
association, corporation, not-for-profit organization, municipality or
limited liability corporation.
(j) "Seasonal retailer" means a person who receives consumer
fireworks and sells, delivers, consigns, gives or otherwise furnishes
consumer fireworks only to the public for their personal use and only
during the period of June 20 through July 7 of a calendar year.
(k) "Storage" means the safekeeping of fireworks in a warehouse
or magazine or comparable appropriate depository. Consumer
fireworks that are located at the destination of their retail sale and
being held in anticipation of retail sale are not considered as in
"storage."
(l) (1) "Unlimited distributor" means any person engaged in the
distribution of fireworks of any kind in the state of Kansas, including:
(A) Selling, delivering, transporting, consigning, giving,
importing, exporting or otherwise furnishing consumer fireworks to
any person for the purpose of reselling to a retailer or any other
distributor or reseller within the state of Kansas;
(B) selling, intending to sell, offering for sale, possessing with SENATE BILL No. 199—page 4
intent to sell or consigning display fireworks or articles pyrotechnic to
any person, distributor, municipality or any other organization within
the state of Kansas; or
(C) producing, conducting or providing a licensed operator or
importing any display fireworks or articles pyrotechnic of any kind for
profit within the state of Kansas.
(2) "Unlimited distributor" does not include:
(A) Any person who transports fireworks from one state to another
state through the state of Kansas and such fireworks' ultimate
destination is not within the state of Kansas;
(B) any person who sells consumer fireworks during the period of
June 20 through July 7 of a calendar year as a seasonal retailer;
(C) any person who sells consumer fireworks year-round as a
permanent retailer;
(D) freight delivery companies or common carriers as defined in
U.S. department of transportation 49 C.F.R. § 171.8; or
(E) an out-of-state person who sells, transports, delivers or gives
fireworks to a licensed manufacturer or distributor.
Sec. 4. K.S.A. 31-503 is hereby amended to read as follows: 31-
503. (a) Any person who intends to sell, offer for sale, possess with
intent to sell, any consumer fireworks, display fireworks or articles
pyrotechnic or discharge, use, display fireworks or articles pyrotechnic
shall first obtain the appropriate license from the state fire marshal.
This shall not include seasonal retailers.
(b) The types of license shall be as follows:
(1) Manufacturer;
(2) hobbyist manufacturer;
(3) distributor of display fireworks;
(4) distributor of articles pyrotechnic;
(5) unlimited distributor;
(4)(6) display fireworks operator; and
(5)(7) proximate pyrotechnic operator.
(c) It shall be unlawful for any person to possess, purchase, sell or
offer for sale fireworks labeled "For Professional Use Only" that is not
a current licensee and in physical possession of a license, issued by the
state fire marshal, as a:
(1) Manufacturer;
(2) hobbyist manufacturer;
(3) distributor of display fireworks;
(4) distributor of articles pyrotechnic;
(5) unlimited distributor;
(6) display fireworks operator; or
(7) proximate pyrotechnic operator.
(d) Before a license holder may operate, such license holder must
shall satisfy the requirements of this act and regulations adopted by the
state fire marshal.
(d)(e) The license holder shall be at least 21 years of age upon
applying for a license.
(e)(f) Licenses shall not be transferable.
(f)(g) The state fire marshal shall not charge or collect fees for
licensure. The licenses shall be valid for the following period of time:
(1) A manufacturer license shall be valid for a period of one year.
A holder of a manufacturer license is not required to have any
additional licenses in order to manufacture and sell any fireworks
defined by this act.
(2) A hobbyist manufacturer license shall be valid for a period of
four years.
(3) A distributor license shall be valid for a period of one year.
(4) A display fireworks operator license shall be valid for a period SENATE BILL No. 199—page 5
of four years.
(5) A proximate pyrotechnics operator license shall be valid for a
period of four years.
(g)(h) A permit to conduct a fireworks display shall be obtained by
the sponsor or operator of a fireworks display from and approved by
the city or county where the fireworks display is to be discharged.
(h)(i) No fee shall be charged for a license or permit under this
section for any person who is an officer or employee of the state or any
political or taxing subdivision of the state when that person is acting on
behalf of the state or political or taxing subdivision.
(j) All retail sales or transfers of consumer fireworks shall be
made by a registered permanent retailer or a seasonal retailer at a
physical location.
(k) Any person who intends to sell consumer fireworks at retail as
a permanent retailer shall register annually as a permanent retailer
with the state fire marshal. Such registration shall entitle the person to
engage in the possession for purposes of retail sale, delivery,
consignment, gifting or other distribution at retail of consumer
fireworks to any person as a permanent retailer, subject to the
provisions, limitations and requirements of this act and regulations of
the state fire marshal for a permanent retailer. Registration shall be
effective for one year from the date of registration. Registration shall
be made in the form and manner as determined by the state fire
marshal. Registration requirements shall include submission by a
registrant of permanent business contact information, the address of
the physical location or locations that retail sales will occur, the time
period or periods sales will occur and any other information that may
be required by the state fire marshal.
(l) The state fire marshal shall adopt rules and regulations as
necessary for the purpose of implementing the provisions of
subsections (c), (j) and (k).
Sec. 5. K.S.A. 75-36,102 is hereby amended to read as follows:
75-36,102. (a) There shall be placed on state property within the state
capitol plaza area a memorial to Kansas firefighters who have lost their
lives in the line of duty in the service of the state. Such memorial shall
be located at a site to be selected by the director. Such memorial shall
be constructed in accordance with the design and architectural drawings
approved by the director. The memorial shall be of such a design that
the names of the firefighters to be honored, both past and future, may
be inscribed thereon. The fallen firefighters memorial adjacent to the
Kansas firefighters museum at 1300 S. Broadway Wichita, KS 67211, is
hereby designated as the official fallen firefighters memorial within the
state of Kansas. Annually, the director shall cause annually the name or
names of any firefighters who have lost their lives in the line of duty in
the service of the state to be inscribed upon the memorial. The
memorial for Kansas firefighters is subject to the provisions,
procedures and approvals required under K.S.A. 75-36,102 through 75-
36,106, and amendments thereto, except that such memorial for Kansas
firefighters is hereby authorized by the legislature for purposes of
subsection (b) of K.S.A. 75-36,106, and amendments thereto.
(b) It shall be the duty of the state fire marshal on or before the
15
th
day of March of each year to notify the secretary of administration
of the name or names of any firefighters who have lost their lives in the
line of duty during the preceding calendar year. The state fire marshal
shall assemble gather the necessary information regarding any such
firefighter and report the same such information to the director.
(c) The secretary of administration Kansas fallen firefighters
memorial council is hereby authorized to receive any grants, gifts,
contributions or bequests made for the purpose of financing the SENATE BILL No. 199—page 6
construction of such memorial or for its upkeep and the addition of
names thereto and to expend the same for the purpose for which
received expenditures authorized pursuant to subsection (d).
(d) There is hereby established in the state treasury the Kansas
fallen firefighters memorial fund. Expenditures from the fund may
shall be made for the purposes of constructing, updating and repairing
such the fallen firefighters memorial, and may be made for other
purposes related to memorializing and honoring Kansas firefighters and
for such purposes as may be specified with regard to any grant, gift,
contribution or bequest. All such expenditures shall be authorized by
the Kansas fallen firefighters memorial advisory committee council and
made upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the secretary of administration or the
secretary's designee.
(e) On or before the 10
th
of each month, the director of accounts
and reports shall transfer from the state general fund to the Kansas
fallen firefighters memorial fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas fallen
firefighters memorial fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio
for the preceding month.
Sec. 6. K.S.A. 31-502, 31-503, 75-36,102 and 75-36,103 are
hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.