HOUSE BILL REPORT

HB 1447

BYRepresentatives H. Sommers  and Hankins; by request of Department of Community Development

Providing for an administrative hearing on the denial of fireworks licenses.

House Committe on State Government

Majority Report:  Do pass.  (9)

      Signed by Representatives H. Sommers, Chair; Anderson, Vice Chair; Baugher, Chandler, Hankins, O'Brien, Peery, Taylor and Walk.

House Staff:Ken Conte (786-7135)

AS PASSED HOUSE FEBURARY 1, 1988

BACKGROUND:

Prior to 1985, the duties of the State Fire Marshal were performed by the Insurance Commissioner, including the issuing of licenses for the manufacture, importation, sale or use of fireworks.  In 1985 the Legislature transferred the duties of the State Fire Marshal to a newly created State Fire Protection Board, which in 1986 became part of the Department of Community Development.

Although the Director of Fire Protection in the Department of Community Development now issues fireworks licenses, the laws dealing with fireworks continue to provide that a person denied a license is entitled to a hearing under the insurance appeal provision.

SUMMARY:

The appeal procedure for a person denied a fireworks license is changed from the insurance appeal provision to the Administrative Procedure Act.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Jean Ameluxen, Department of Community Development.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill provides for a structural and administrative change to place the appeals process where it belongs, since the Insurance Commissioner no longer issues fireworks licenses.

House Committee - Testimony Against:      None Presented.