SB 199 — Designating the existing fallen firefighters memorial within the Kansas firefighters museum in Wichita as the official fallen firefighters memorial of the state of Kansas and replacing the Kansas firefighters memorial advisory committee with the Kansas firefighter memorial council; defining the fireworks sales season for seasonal retailers of consumer fireworks, providing for year-round sales by permanent retailers of consumer fireworks, requiring permanent retailers to register with the state fire marshal.

199—page 3 municipality or any other organization within the state of Kansas;

(2) "Distributor of display fireworks" does not include the exclusions SBset 199—Am.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:

by HC 3 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:

Consumer fireworks that SBare 199—Am.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:

by HC 4 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:

(B) selling, intending to sell, offering for sale, possessing with intentSENATE toBILL sellNo. or consigning display fireworks or articles pyrotechnic to any person, distributor, municipality or any other organization within the state of Kansas;

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;

2. K.S.A.4. K.S.A.

31-503.31- 503.

(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 SBcurrent 199—Am.licensee and in physical possession of a license, issued by the state fire marshal, as a:

by HC 5 current licensee and in physical possession of a license, issued by the state fire marshal, as a:

(4) A display fireworks operator license shall be valid for a period ofSENATE fourBILL years.No.

199—page 5 of four years.

(g)(h) A(g)(h) Apermit 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.

(j) The(j) All retail salesales or transfers of consumer fireworks throughshall thebe internetmade by a registered permanent retailer or bya mailseasonal shallretailer beat prohibited.a physical location.

All(k) Any retailperson saleswho orintends transfersto ofsell consumer fireworks shallat beretail madeas by a registered seasonal or permanent retailer orshall aregister seasonalannually retaileras at a physicalpermanent locationretailer registered with the state fire marshal.

(k) AnySuch personregistration whoshall intendsentitle the person to sellengage consumerin fireworksthe atpossession for purposes of retail assale, adelivery, seasonalconsignment, retailergifting or aother permanentdistribution retailerat shallretail registerof annuallyconsumer fireworks to any person as a seasonalpermanent retailerretailer, orsubject permanentto retailerthe withprovisions, limitations and requirements of this act and regulations of the state fire marshal.marshal for a permanent retailer.

Such registration shall entitle the person to engage in the possession for SB 199—Am.

by HC 6 purposes of retail sale, delivery, consignment, gifting or other distribution at retail of consumer fireworks to any person as a seasonal retailer or permanent retailer, respectively, subject to the provisions, limitations and requirements of this act and regulations of the state fire marshal for a seasonal retailer or permanent retailer, as applicable.

3. K.S.A.5. K.S.A.

31-50275-36,102 andis 31-503hereby areamended herebyto repealed.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 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.

th (e) On or before the 10 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.

4. This6. K.S.A. act shall take effect and be in force from and after its publication in the statute book Kansas register.

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 ILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.

_________________________ Secretary of the Senate.

Passed the H OUSE as amended _________________________ H OUSE adopted Conference Committee Report ________________ _________________________ Speaker of the House.

_________________________ Chief Clerk of the House.

A PPROVED _____________________________ _________________________ Governor.