Bill Text: HI HB2106 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fire Prevention.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-24 - Referred to WAL/JHA, FIN, referral sheet 2 [HB2106 Detail]
Download: Hawaii-2024-HB2106-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2106 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fire PREVENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
(c) The duties of the state fire marshal shall
include but not be limited to:
(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.
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INTRODUCED BY: |
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Report Title:
State Fire Marshal; Fire Enforcement Officers; State Fire Council; Fire Risks; State Lands; Positions; Expenditure Ceiling; Appropriation
Description:
Establishes the position of the State Fire Marshal. Authorizes the State Fire Marshal to employ seven fire enforcement officers to issue citations to and remove persons creating fire risks on state lands. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
