Exempting correctional authorities and certain business entities contracting with correctional authorities from certain rules and regulations governing the possession, transportation and use of explosive materials.

Session of 2026
SENATE BILL No. 535
By Committee on Ways and Means
3-13
AN ACT concerning the state fire marshal; relating to certain rules and
regulations governing the possession, transportation and use of
explosive materials; exempting correctional authorities and certain
business entities from such rules and regulations; amending K.S.A. 31-
136 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 31-136 is hereby amended to read as follows: 31-
136. (a) The state fire marshal shall have the power to grant exemptions
from the application of specific requirements of rules and regulations
promulgated pursuant to this act. Any such exemption shall be granted
only upon a written request which that clearly demonstrates that the
enforcement of a specific requirement of a rule or and regulation will
cause unnecessary hardship to the petitioner , or that such exemption is
necessary for the petitioner to take advantage of new methods or
equipment of recognized adequacy which that conforms to fundamental
safety standards. The particulars of any exemption so granted shall be set
forth in writing , and a copy thereof shall be retained in the office of the
state fire marshal.
(b) (1) Upon the written request by a correctional authority in
accordance with this subsection, the state fire marshal shall issue a
certificate of exemption that exempts such correctional authority from any
rules and regulations or any code provisions adopted by reference in such
rules and regulations relating to requirements for the acquisition,
possession, transportation, disposition and use of explosive materials for a
period of three years from the date of issuance of such certificate. Such
certificate may be renewed every three years thereafter.
(2) A request for an exemption under this subsection shall be
accompanied by proof of the correctional activities being conducted by the
correctional authority for which the certificate is to be issued and proof
that such correctional authority is licensed to possess and store explosive
materials under 18 U.S.C. § 843 and, if applicable, certain munitions
regulated under chapter 44 of title 18 of the United States code and
chapter 53 of title 26 of the United States code. All documentation that is
required to be submitted with a request for an exemption shall accompany
the exemption certificate issued by the state fire marshal.
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SB 535 2
(3) Nothing in this subsection shall be construed to exempt any
correctional authority from any rules and regulations or any code
provisions adopted by reference in any such rules and regulations relating
to storage, recordkeeping and permitting requirements for explosive
materials.
(4) As used in this subsection, "correctional authority" means any:
(A) Agency of the United States, this state or any political subdivision
thereof that administers the operation of facilities located in this state for
the holding, detention, imprisonment, confinement or incarceration of
persons; or
(B) business entity that:
(i) Contracts directly with any agency described in subparagraph
(A);
(ii) is registered to do business in this state; and
(iii) administers the operation of facilities located in this state for the
holding, detention, imprisonment, confinement or incarceration of
persons.
Sec. 2. K.S.A. 31-136 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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