[§132-39]  State fire marshal selection commission; established.  (a)  Beginning January 1, 2026, there is established the state fire marshal selection commission, which shall be placed within the department of law enforcement for administrative purposes.

     (b)  The state fire marshal selection commission:

     (1)  Shall have the authority to appoint and may remove the state fire marshal;

     (2)  May receive complaints from citizens on the office of the fire marshal and the state fire marshal;

     (3)  Shall evaluate and conduct an annual performance review of the state fire marshal;

     (4)  Shall post its agenda and minutes on a website;

     (5)  Shall be subjected to the state sunshine laws under chapter 92; and

     (6)  May adopt rules pursuant to chapter 91.

     (c)  The state fire marshal selection commission shall consist of the following seven members:

     (1)  Three members who shall be appointed by the governor subject to advice and consent of the senate and shall be voting members; provided that for the initial year, one member shall serve a one-year term, one member shall serve a two-year term, and one member shall serve a three-year term; provided further that after the initial term, each of the members may serve up to two consecutive terms for up to eight years with each term being four years;

     (2)  One member who shall be appointed by the speaker of the house and shall be a voting member; provided that the member shall serve an initial term of four years and may serve up to two consecutive terms for up to eight years with each term being four years;

     (3)  One member who shall be appointed by the president of the senate and shall be a voting member; provided that the member shall serve an initial term of four years; provided further that the member may serve up to two consecutive terms for up to eight years with each term being four years;

     (4)  The chair of the Hawaii state fire council or the chair's designee, who shall be an ex officio, nonvoting member; and

     (5)  The adjutant general of the Hawaii national guard or the adjutant general's designee, who shall be an ex officio, nonvoting member.

     (d)  All members of the state fire marshal selection commission, both voting and nonvoting, shall elect a chairperson and a vice chairperson of the commission; provided that the chairperson is not an ex officio member.

     (e)  Any action taken by the state fire marshal selection commission shall be approved by a simple majority of its members; provided that a majority of the members of the commission shall constitute a quorum to do business.

     (f)  The members of the state fire marshal selection commission shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, reasonably incurred in the performance of their duties.

     (g)  Notwithstanding this section, if a state fire marshal has already been appointed by the state fire council by June 30, 2025, as set forth in Act 209, Session Laws of Hawaii 2024, the state fire marshal selection commission's authority to appoint the state fire marshal shall begin upon the expiration of the incumbent state fire marshal's term. [L 2025, c 302, §4]