2007 House Bill 5036

Authorize Fire Marshal inspection, review and hearing fees

Introduced in the House

July 18, 2007

Introduced by Rep. Richard Hammel (D-48)

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 Committee on Appropriations

Sept. 14, 2007

Reported without amendment

With the recommendation that the amendments be adopted and that the bill then pass.

Oct. 17, 2007

Amendment offered

To require the state Fire Marshal to notify the legislature when it intends to set (new) fees.

The amendment passed by voice vote

Amendment offered by Rep. David Robertson (R-51)

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.

Consideration postponed

Oct. 23, 2007

Amendment offered by Rep. David Robertson (R-51)

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.

Consideration postponed

Substitute offered by Rep. Richard Hammel (D-48)

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 by voice vote

Passed in the House 74 to 36 (details)

Received in the Senate

Oct. 24, 2007

Referred to the Committee on Appropriations