SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2415
As Amended by House Committee on Federal
and State Affairs

Brief*
HB 2415, as amended, would create law related to the
law enforcement and investigation powers of the State Fire
Marshal and fire prevention personnel, and would amend law
concerning standards for clothing and equipment for fire
fighters.

State Fire Marshal Investigators
The bill would provide that the State Fire Marshal and
investigators of the State Fire Marshal would have the
authority to make arrests and conduct searches and seizures
while investigating violations of laws enforced or administered
by the State Fire Marshal.
The bill would specify that such investigators, who are
certified law enforcement officers, pursuant to continuing law,
would be authorized to make arrests, conduct searches and
seizures, and generally enforce all criminal laws of the state,
as are encountered by such employees during the routine
performance of their duties.

Joint Investigation
The bill would further require a joint investigation
regarding the circumstances of a death to be initiated
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
whenever death occurs as a result of fire or when the body of
a deceased person is discovered at the scene of a fire.
The bill would require the chief of the organized fire
department and the chief law enforcement officer to initiate an
investigation. The bill would specify if there is no local fire
department, the chief law enforcement officer and State Fire
Marshal would initiate such joint investigation. The bill would
require the State Fire Marshal assist an official who initiates
any such investigation.

Protective Clothing and Equipment Standards
The bill would specify protective clothing or equipment
sold or purchased for firefighters in the state meet or exceed
the standards of the National Fire Protection Association
designated by the State Fire Marshal through adoption of
rules and regulations.

Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of the State Fire
Marshal.
[Note: The bill, as introduced, contained similar
provisions to 2019 SB 206, as further amended by the Senate
Committee on Federal and State Affairs.]


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House Committee on Federal and State Affairs
In the House Committee hearing on March 12, 2021,
proponent testimony was presented by the State Fire
Marshal and a representative of the Kansas Association of
Chiefs of Police, Kansas Peace Officers Association, and the
Kansas Sheriffs Association, stating the bill would clarify law
enforcement and investigation powers of fire investigators
and amend law related to fire protective clothing and
equipment.
Neutral testimony was presented by a representative of
the League of Kansas Municipalities who expressed a
concern with certain language relating to the law enforcement
powers of investigators. Written-only neutral testimony was
provided by a representative of the Kansas Association of
Counties.
No other testimony was provided.
The House Committee amended the bill by inserting
language that would clarify certain aspects of law
enforcement powers provisions and to specify who shall
initiate a joint investigation.

Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill as introduced, the Office of the State Fire
Marshal indicates enactment of the bill would have no fiscal
effect because the additional number of fire fatality cases its
investigators would be involved in could be absorbed within
existing resources.
The Kansas Association of Counties indicates
enactment of the bill could result in situations where counties
must replace firefighting equipment prior to the end of its
useful life if new standards are adopted that would exclude
the use of existing equipment. However, a precise fiscal effect
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cannot be estimated. The League of Kansas Municipalities
indicates enactment of the bill would have a negligible fiscal
effect on cities that could be absorbed within existing
resources.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Arrest; investigator; search and seizure; State Fire Marshal


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Statutes affected:
As introduced: 31-158
As Amended by House Committee: 31-158