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Bill to clarify fire marshal authority and add fireworks provisions draws support and Fourth Amendment concerns
Summary
Representative Benny Cook presented House Bill 35-35 to clarify fire marshal investigative authority over fireworks and to authorize action in exigent circumstances; State Fire Marshal Tim Bean supported the bill, while an opponent warned the phrase 'exigent circumstances' could be abused to justify searches and infringe on Fourth Amendment protections.
Representative Benny Cook presented House Bill 35-35 to the committee, describing it as a targeted change to expressly authorize the fire marshal to investigate illegal fireworks operations and to act when exigent circumstances arise.
Tim Bean, state fire marshal, testified in support and said fireworks are regulated under statute 3-20; he told lawmakers the bill was intended to make clear the fire marshal’s existing investigative authority and to allow certified fire investigators to act in emergencies while coordinating with other law-enforcement partners when incidents exceed the marshal’s scope.
A member of the public, John Stambaugh, testified in opposition, focusing on the bill’s use of the term “exigent circumstances.” He told the committee that phrase is highly subjective and could be used to justify searches or other actions that risk violating Fourth Amendment protections.
Bean responded that fire investigators routinely work with federal partners (ATF, FBI) and the highway patrol’s bomb division when investigations require specialized expertise, and he offered to refine statutory language if the committee desired.
The committee closed the hearing on HB 35-35 after taking supportive and opposed testimony and dismissed the committee for the day. No committee vote was recorded at the hearing.
