Montana 2023 Regular Session

Montana House Bill HB465

Introduced
2/8/23  
Refer
2/10/23  
Engrossed
3/1/23  
Refer
3/15/23  
Enrolled
4/17/23  

Caption

Revise local government acceptable uses of building permit fees

Impact

The bill could significantly alter state laws governing local authority regarding construction and building permit fees. By enhancing the financial autonomy of local governments concerning their building permit fees, HB 465 might discourage regular financial reviews of their code enforcement programs. This could lead to variations in the application and enforcement of building standards across different jurisdictions, potentially in conflict with broader state safety goals. Proponents argue that it offers localities the flexibility necessary to manage their revenue and regulatory frameworks effectively, whereas critics could express concerns over accountability and public safety if local code enforcement fails to comply with regulations.

Summary

House Bill 465 revolves around the regulation and authorization of construction-related fees or charges imposed by local governments like counties, cities, or towns in relation to building permits. Its primary aim is to increase the reserve amount necessary before a jurisdiction may reduce these fees, thereby ensuring local governments can maintain sufficient funds for their building code enforcement obligations. Additionally, the bill restricts the Department of Labor and Industry's ability to conduct audits of local building code enforcement programs, allowing such audits only as part of a broader financial audit. This change is intended to streamline the regulatory process and reduce the administrative burden on local governments while ensuring compliance with established building codes.

Sentiment

The sentiment around HB 465 is mixed. Supporters contend that the bill empowers local governments by allowing them more control over their revenue sources and reducing the frequency of audits that may impede local governance. They argue that these changes will lead to better resource allocation and ultimately, more efficient service delivery. Conversely, opponents may argue that reducing oversight could result in diminished safety and regulatory compliance, potentially putting public welfare at risk. The debate highlights a tension between local autonomy and the necessity for state oversight in maintaining uniform safety standards.

Contention

The most notable contention surrounding HB 465 lies in the implications of limiting audit authority over local code enforcement programs. Opponents may argue that the bill could lead to instances of mismanagement or lax enforcement of building codes, directly affecting public safety. Additionally, there may be concerns regarding how increased fees could be utilized by local governments and whether transparency measures are sufficient to protect citizens from excessive charges. The bill encapsulates the ongoing debate about the balance of power between state oversight and local government autonomy, ultimately highlighting the differing priorities of urban versus rural stakeholders in the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

MT SB404

Generally revise local government laws for fire departments

MT SB33

State buildings subject to state building code review

MT SB545

Revise local government building code laws

MT SB406

Revise laws related to local building codes

MT AB2433

California Private Permitting Review and Inspection Act: fees: building permits.

MT H0765

Building Permit Applications to Local Governments

MT AB253

California Residential Private Permitting Review Act: residential building permits.

MT SB187

Local government review of commercial building plans. (FE)

MT AB198

Local government review of commercial building plans. (FE)

MT HB241

Prohibit government from requiring buildings be constructed with solar panels

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