Bill Text: HI SB3098 | 2024 | Regular Session | Introduced
Bill Title: Relating To A State Fire Marshal's Office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to LBT/PSM, WAM. [SB3098 Detail]
Download: Hawaii-2024-SB3098-Introduced.html
THE SENATE |
S.B. NO. |
3098 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO A STATE FIRE MARSHAL'S OFFICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that Hawaii is the only state without a state fire marshal office in the country. The tragic wildfires of August 8, 2023, in the counties of Hawaii and Maui, which caused extensive loss of life and damage to the city of Lahaina, has renewed interest in reestablishing the state fire marshal position.
The purpose of this Act is to reestablish the state fire marshal's office to provide support to the State and the state fire council in their efforts to address fire risk assessment and fire prevention and mitigation efforts.
SECTION 2. Section 132, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§132- State fire marshal's office; established. (a)
There is established a state fire marshal's office, which shall be
placed within the department of labor
and industrial relations for administrative purposes. The state fire marshal's office shall consist
of the state fire marshal and one staff position.
(b) The state fire marshal shall:
(1) Review and assess the fire risk to
the State;
(2) Review and propose amendments to the
state fire code and submit the proposed amendments to the state fire council
for the state fire council's consideration in its adoption of or amendments to
the state fire code;
(3) Review the emergency resources that
are available in the State to be deployed to address fires;
(4) Assess whether the State would
benefit from a statewide public fire safety messaging program; and
(5) Prepare an annual report on the
state fire marshal's review or assessment, or both, of the items described in
subsection (b)(1) through (4). The
annual report shall be submitted to the governor and state fire council no
later than November 30 of each calendar year.
(c) The state fire marshal may employ, on a
full-time basis, one staff person to support the state fire marshal's office.
(d) The state fire marshal shall be nominated by
the governor and, by and with the advice and consent of the senate, appointed
by the governor without regard to chapters 76 and 89.
(e) The state fire marshal shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor."
SECTION 3. Section 76-16, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
"(b)
The civil service to which this chapter
applies shall comprise all positions in the State now existing or hereafter
established and embrace all personal services performed for the State, except
the following:
(1) Commissioned and enlisted personnel of the Hawaii National Guard as such, and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons employed by
contract where the director of human resources development has certified that
the service is special or unique or is essential to the public interest and
that, because of circumstances surrounding its fulfillment, personnel to
perform the service cannot be obtained through normal civil service recruitment
procedures. Any such contract may be for
any period not exceeding one year;
(3) Positions that must be filled without delay to
comply with a court order or decree if the director determines that recruitment
through normal recruitment civil service procedures would result in delay or
noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the legislature or by
either house or any committee thereof;
(5) Employees in the office of the governor and
office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) Department heads, officers, and members of any
board, commission, or other state agency whose appointments are made by the
governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers, masters, jurors,
notaries public, land court examiners, court commissioners, and attorneys
appointed by a state court for a special temporary service;
(9) One bailiff for the chief justice of the
supreme court who shall have the powers and duties of a court officer and
bailiff under section 606-14; one secretary or clerk for each justice of the
supreme court, each judge of the intermediate appellate court, and each judge
of the circuit court; one secretary for the judicial council; one deputy
administrative director of the courts; three law clerks for the chief justice
of the supreme court, two law clerks for each associate justice of the supreme
court and each judge of the intermediate appellate court, one law clerk for
each judge of the circuit court, two additional law clerks for the civil
administrative judge of the circuit court of the first circuit, two additional
law clerks for the criminal administrative judge of the circuit court of the
first circuit, one additional law clerk for the senior judge of the family
court of the first circuit, two additional law clerks for the civil motions
judge of the circuit court of the first circuit, two additional law clerks for
the criminal motions judge of the circuit court of the first circuit, and two
law clerks for the administrative judge of the district court of the first
circuit; and one private secretary for the administrative director of the
courts, the deputy administrative director of the courts, each department head,
each deputy or first assistant, and each additional deputy, or assistant
deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;
(11) (A) Teachers, principals, vice-principals,
complex area
superintendents, deputy and assistant superintendents, other certificated
personnel, no more than twenty noncertificated administrative, professional,
and technical personnel not engaged in instructional work;
(B) Effective July 1, 2003, teaching assistants,
educational assistants, bilingual/bicultural school-home assistants, school
psychologists, psychological examiners, speech pathologists, athletic health
care trainers, alternative school work study assistants, alternative school
educational/supportive services specialists, alternative school project
coordinators, and communications aides in the department of education;
(C) The special assistant to the state librarian
and one secretary for the special assistant to the state librarian; and
(D) Members of the faculty of the University of
Hawaii, including research workers, extension agents, personnel engaged in
instructional work, and administrative, professional, and technical personnel
of the university;
(12) Employees engaged in special, research, or demonstration projects approved by the governor;
(13) (A) Positions filled by inmates, patients
of state institutions, persons with severe physical or mental disabilities participating
in the work experience training programs;
(B) Positions filled with students in accordance
with guidelines for established state employment programs; and
(C) Positions that provide work experience
training or temporary public service employment that are filled by persons
entering the workforce or persons transitioning into other careers under
programs such as the federal Workforce Investment Act of 1998, as amended, or
the Senior Community Service Employment Program of the Employment and Training
Administration of the United States Department of Labor, or under other similar
state programs;
(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled
by persons employed on a fee, contract, or piecework basis, who may lawfully
perform their duties concurrently with their private business or profession or
other private employment and whose duties require only a portion of their time,
if it is impracticable to ascertain or anticipate the portion of time to be
devoted to the service of the State;
(16) Positions of first
deputies or first assistants of each department head appointed under or in the
manner provided in section 6, article V, of the Hawaii State Constitution;
three additional deputies or assistants either in charge of the highways,
harbors, and airports divisions or other functions within the department of
transportation as may be assigned by the director of transportation, with the
approval of the governor; one additional deputy in the department of human
services either in charge of welfare or other functions within the department
as may be assigned by the director of human services; four additional deputies
in the department of health, each in charge of one of the following: behavioral
health, environmental health, hospitals, and health resources administration,
including other functions within the department as may be assigned by the
director of health, with the approval of the governor; two additional deputies
in charge of the law enforcement programs, administration, or other functions
within the department of law enforcement as may be assigned by the director of
law enforcement, with the approval of the governor; three additional deputies
each in charge of the correctional institutions, rehabilitation services and
programs, and administration or other functions within the department of
corrections and rehabilitation as may be assigned by the director of
corrections and rehabilitation, with the approval of the governor; an
administrative assistant to the state librarian; and an administrative
assistant to the superintendent of education;
(17) Positions specifically exempted from this part by any other law; provided that:
(A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and
(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
(19) Household
employees at the official residence of the president of the University of
Hawaii;
(20) Employees in the
department of education engaged in the supervision of students during meal
periods in the distribution, collection, and counting of meal tickets, and in
the cleaning of classrooms after school hours on a less than half-time basis;
(21) Employees hired under
the tenant hire program of the Hawaii public housing authority; provided that
not more than twenty-six per cent of the authority's workforce in any housing
project maintained or operated by the authority shall be hired under the tenant
hire program;
(22) Positions of the
federally funded expanded food and nutrition program of the University of
Hawaii that require the hiring of nutrition program assistants who live in the
areas they serve;
(23) Positions filled by
persons with severe disabilities who are certified by the state vocational
rehabilitation office that they are able to perform safely the duties of the
positions;
(24) The sheriff;
(25) A gender and other
fairness coordinator hired by the judiciary;
(26) Positions in the Hawaii
National Guard youth and adult education programs;
(27) In the state energy
office in the department of business, economic development, and tourism, all
energy program managers, energy program specialists, energy program assistants,
and energy analysts;
(28) Administrative appeals
hearing officers in the department of human services;
(29) In the Med-QUEST
division of the department of human services, the division administrator,
finance officer, health care services branch administrator, medical director,
and clinical standards administrator;
(30) In the director's
office of the department of human services, the enterprise officer, information
security and privacy compliance officer, security and privacy compliance
engineer, security and privacy compliance analyst, information technology
implementation manager, assistant information technology implementation
manager, resource manager, community/project development director, policy
director, special assistant to the director, and limited English proficiency
project manager/coordinator;
(31) The Alzheimer's
disease and related dementia services coordinator in the executive office on
aging;
(32) In the Hawaii
emergency management agency, the executive officer, public information officer,
civil defense administrative officer, branch chiefs, and emergency operations
center state warning point personnel; provided that for state warning point
personnel, the director shall determine that recruitment through normal civil
service recruitment procedures would result in delay or noncompliance;
(33) The executive director
and seven full-time administrative positions of the school facilities
authority;
(34) Positions in the Mauna
Kea stewardship and oversight authority;
(35) In the office of
homeland security of the department of law enforcement, the statewide
interoperable communications coordinator; [and]
(36) In the social services
division of the department of human services, the business technology analyst[.];
and
(37) In the state fire marshal's office within the department of labor and industrial relations, the state fire marshal.
The director shall determine the applicability of this section to specific positions.
Nothing in this section
shall be deemed to affect the civil service status of any incumbent as it
existed on July 1, 1955."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $340,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the following:
(1) $150,000 for the establishment of one full-time equivalent (1.00 FTE) permanent state fire marshal position;
(2) $90,000 for the establishment of one full-time equivalent (1.00 FTE) permanent position to support the state fire marshal; and
(3) $100,000 for training, office supplies, rent, and other operating and administrative costs to support the state fire marshal,
in carrying out the purposes of this Act.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2024.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DLIR; State Fire Marshal; Fire Prevention; Civil Service Exemption; Appropriation
Description:
Reestablishes the State Fire Marshal's Office within the Department of Labor and Industrial Relations. Appropriates funds.
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not legislation or evidence of legislative intent.