Committee hears SB 199 to expand fireworks sales window and change retail rules; fire marshal urges safety limits

A Kansas House committee heard Senate Bill 199, which would revise state law governing consumer fireworks sales and licensing.

The Revisor summarized the bill—6s changes, saying the original draft would replace the distributor definition with three categories, expand "fireworks season" (as proposed, June 20July 7), add license types and registration requirements for retailers, prohibit internet and mail sales, require physical locations for permanent retailers and make other changes. The Revisor said the Senate amended the bill to remove the Internet/mail-sales prohibition and to remove required registration for seasonal retailers.

Representative Ken Collins, a small fireworks operator who testified in support of the bill, said expanded windows would help small businesses and fundraising partners such as school groups. "Allowing year round sale of fireworks would open up opportunities for people to celebrate many occasions beyond Independence Day," Collins said, and he said extending the seasonal window would help operators manage inventory. (Representative Ken Collins)

Eric Clawson of Jake—6s Fireworks, a Kansas-based retail and wholesaler company, also testified for the bill, saying expanding the sales window would help Kansas retailers recapture sales now going to neighboring states and would offer more flexibility when inclement weather curtails sales around July 4. Clawson said seasonal consumer sales are an important fundraising tool for many community groups and that he supported provisions to keep professional-use-only pyrotechnics off consumer shelves. (Eric Clawson, Jake—6s Fireworks)

State Fire Marshal Mark Engholm testified in a neutral capacity and urged safety-related statutory guardrails. Engholm said the Senate amendments removed the office—6s major fiscal and administrative concerns, and that without the registration load the marshal—6s office no longer expected a fiscal note tied to handling thousands of registrations. Still, Engholm said the fire service is concerned about the public-safety consequences of more fireworks use: "More sales, more fires, more injuries," he said, and urged statutory backing for storage limits used nationally that keep a small amount of pyrotechnic composition on-hand for retail displays (the national standard cited is 25 pounds of pyrotechnic composition before requiring separate storage). Engholm said Kansas currently has 64 permitted fireworks storage facilities and that last year his office seized illegal fireworks in 14 cases. (Mark Engholm, State Fire Marshal)

Julie Durand, who testified in opposition on her own behalf, described long-term physical and mental injury after a 2013 fireworks accident and urged lawmakers to consider how expanded sales worsen impacts to people with PTSD and to animals. "Year-round sales are not necessary," she said, describing years of recovery after burns and the way fireworks can trigger survivors and veterans. (Julie Durand)

Committee members asked about details including whether the bill would affect accreditation or permit local jurisdictions to restrict discharge timeframes; the Revisor and the Fire Marshal confirmed local governments retain authority over when fireworks may be discharged and that some proposed state registration duties had been removed by the Senate. Committee members also asked about staffing and business-size impacts; witnesses said both small seasonal operators and larger permanent retailers would be affected, and that allowing a wider sales window helps margin management and fundraising partners.

The committee recorded proponent, neutral and opposition testimony and placed several written-only pieces in the committee—6s S drive, but did not take a committee vote on SB 199 during this meeting. The hearing was closed and the gavel returned to the committee chair.