Introduced by Rep. Richard Hammel (D) on July 18, 2007, to authorize and establish procedures for setting reasonable fees to be charged by the state Fire Marshal to cover the actual cost of all the functions it performs, including inspections, review of building plans and specifications, issuance of certificates of acceptability, testing and evaluation of new products, methods and processes of construction or alteration, inspection of construction and alteration, inspection of construction undertaken pursuant to a permit, the issuance of certificates of use and occupancy, and the hearing of appeals. The fees would be set by the Fire Marshal office itself, not the legislature.
Referred to the House Appropriations Committee on July 18, 2007.
Reported in the House on September 14, 2007, with the recommendation that the amendments be adopted and that the bill then pass.
Amendment offered in the House on October 17, 2007, to require the state Fire Marshal to notify the legislature when it intends to set (new) fees. The amendment passed in the House by voice vote on October 17, 2007.
Amendment offered by Rep. David Robertson (R) on October 17, 2007, to not give the state Fire Marshal the authority to set fees, but leave this in the legislature's hands. Consideration of the bill was postponed before the amendment was voted on.
Amendment offered by Rep. David Robertson (R) on October 23, 2007, to not give the state Fire Marshal the authority to set fees, but leave this in the legislature's hands. Note: The amendment "fell" because on a voice-vote the House adopted a different substitute version of the bill with minor, non-substantive wording changes, thus making the amendment not fit in. This practice was used by the Republican majority in the previous legislature to avoid having to vote down controversial minority amendments, and now is regularly used by the Democratic majority.
Substitute offered by Rep. Richard Hammel (D) on October 23, 2007, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. See second offer of Robertson amendment for explanation. The substitute passed in the House by voice vote on October 23, 2007.
1) Rep. Elsenheimer's "no vote explanation" [by Admin003 on October 24, 2007] Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I would have considered support had the Robertson amendment been included in the bill. There are other problems with the bill which could be overcome if it was addressed in a bipartisan way. I would also note that a substitute was adopted by the majority and the board opened before said substitute was even available on the House's computer system."
2) 2007 House Bill 5036 (Authorize Fire Marshal inspection, review and hearing fees ) [by admin on January 1, 2001] Introduced in the House on July 18, 2007, to authorize and establish procedures for setting reasonable fees to be charged by the state Fire Marshal to cover the actual cost of all the functions it performs, including inspections, review of building plans and specifications, issuance of certificates of acceptability, testing and evaluation of new products, methods and processes of construction or alteration, inspection of construction and alteration, inspection of construction undertaken pursuant to a permit, the issuance of certificates of use and occupancy, and the hearing of appeals. The fees would be set by the Fire Marshal office itself, not the legislature
The vote was 74 in favor, 36 opposed and 0 not voting