Hawaii-2024-HB2106-Introduced

SECTION 1. The legislature finds that Hawaii is the only state in the country without a state fire marshal. The legislature further finds that, without a government agency or specific position tasked with coordinating statewide fire prevention and mitigation efforts, Hawaii's wildfire preparedness lacks cohesion and a statewide strategic plan. The legislature also finds that a state fire marshal would have been helpful in preventing, as well as immediately responding to, the August 8, 2023, wildfires in Lahaina.

Accordingly, the purpose of this Act is to:

(1) Establish the position of the state fire marshal;

(2) Authorize the state fire marshal to employ seven fire enforcement officers to issue citations to and remove persons creating fire risks on state lands, who should be paid equal to what county fire inspectors are paid in order to facilitate recruitment and retention; and

(3) Appropriate funds.

SECTION 2. Chapter 132, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132- State fire marshal; establishment; appointment; powers; duties; responsibilities. (a) There is established within the department of labor and industrial relations a state fire marshal who shall be appointed by the state fire council, without regard to chapter 76. The appointment shall not be subject to the advice and consent of the senate. In the event of a vacancy, the state fire council shall meet expeditiously to select and appoint a new state fire marshal to serve the remainder of the unexpired term.

(b) The state fire marshal shall have the same powers and authority as county fire chiefs under sections 132D-4, 132D-16.6, and 132D-16.7, and this chapter.

(1) Coordinating fire protection efforts between local agencies for the State;

(2) Leading fire and arson investigations;

(3) Making arrests pertaining to arson; and

(4) Working with the state fire council on matters relating to fire services in the State.

(d) The state fire marshal may employ seven paid fire enforcement officers, who shall serve at the state fire marshal's pleasure.

The fire enforcement officers shall have the same powers and authority as county fire chiefs under this chapter. The duties of the fire enforcement officers shall include but not be limited to:

(1) Issuing citations to persons creating fire risks on state lands; and

(2) Removing persons trespassing and creating fire risks on state lands.

(e) In carrying out the duties of this section, the state fire marshal may utilize the services of the state fire council, including its advisory committee and administrative staff, as appropriate."

SECTION 3. Section 132-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In addition to adopting a state fire code pursuant to section 132-3, the state fire council shall:

(1) Administer the requirements for reduced ignition propensity cigarettes, in accordance with chapter 132C; [~~and~~]

(2) Serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made. Upon the receipt of any such federal grants, the state fire council shall administer those federal grants[.];

(3) Establish the terms of employment for the position of the state fire marshal; and

(4) Appoint the state fire marshal."

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for seven full-time equivalent (7.0 FTE) fire enforcement officer positions within the department of labor and industrial relations.

The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2106
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII