SB2144

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 establish the position and office of the state fire marshal.

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

"§132- Office of the state fire marshal; state fire marshal; establishment; responsibilities. (a) There is established within the Hawaii emergency management agency for administrative purposes the office of the state fire marshal, which shall be headed by a full-time state fire marshal. The office of the state fire marshal shall be exempt from section 26-35.

(b) The state fire marshal shall:

(1) Develop a statewide wildfire preparedness and mitigation plan;

(2) Coordinate with the state fire council established pursuant to section 132-16 to recommend county-based fire mitigation plans to increase the fire preparedness level of each county;

(3) Aid the fire chiefs of each county in leading investigations of fire pursuant to section 132-1(b);

(4) Work with relevant government agencies to address wildfire hazards through vegetation management particularly where urban areas border lands prone to fire and other fire mitigation best practices;

(5) Support the state fire council's efforts to adopt rules relating to the protections of persons and property against fires pursuant to section 132-3 and fulfil its functions relating to fire protection pursuant to section 132-16; and

(6) Coordinate with county fire departments to develop a statewide response to fires and other natural disasters."

SECTION 3. Section 132-1, Hawaii Revised Statutes, is amended to read as follows:

"§132-1 County fire chiefs; powers and duties. (a) Records. The fire chief of each county shall keep in the county fire chief's office a record of all fires occurring in the county and of all facts concerning the same, and shall make such compilations and statistical investigations as the fire chief may deem proper, all of which shall be kept as permanent records in the fire chief's office. All records shall be public, except that any evidence in any investigation may, in the discretion of the county fire chief, be withheld from the public.

(b) Investigations, generally. The fire chief of each county shall:

(1) Investigate the cause, origin, and circumstances of fires;

(2) Supervise and make or cause to be made periodically a thorough inspection of all property which might constitute a fire hazard within the county;

(3) Summon and compel the attendance of witnesses and production of evidence and hold hearings and make orders in any matter under the fire chief's jurisdiction;

(4) Cooperate with any and all other governmental officers or agencies having jurisdiction in the matters.

(c) The fire chief of each county shall consult with the state fire marshal annually to review the fire preparedness level of their county."

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 the establishment of the office of the state fire marshal, pursuant to section 2 of this Act, to be allocated as follows:

(1) $ for the establishment of one full-time equivalent (1.0 FTE) state fire marshal;

(2) $ for the establishment of full-time equivalent ( FTE) positions within the office of the state fire marshal; and

(3) $ for the establishment, administration, and operation of the office of the state fire marshal.

The sum appropriated shall be expended by the office of the state fire marshal established pursuant to section 2 of this Act for the purposes of this Act.

SECTION 6. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2144
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII