Senate Standing Committee on Labor and Technology

Great afternoon everyone.

It's Aloha Friday. We made it. Welcome to the Senate Committee on Public Safety and Military affairs and labor and Technology. This is our 3pm DM agenda. We apologize for the late start for a few minutes. Today is March 14, 2025 and we're in conference room 225.

This hearing is also being streamed on the Hawaii State Senate's YouTube channel. Just a few housekeeping announcements in the unlikely case of technical failures. This meeting will reconvene here in Conference Room 225 on March 17, 2025 at 3:00pm the content, including the hearing notice copies of the bills and testimony can be found on the Legislature's website.

If time permits, decision making will occur after we hear from those offering testimony. We only have one item for decision making. This is House Bill 1064, House Draft 2. This is relating to fire protection.

This effectuates the recommendations of the Phase 3 forward looking report by fire safety Research Institute on the August 2023 Maui wildfires and further clarifies the role of the state fire marshal and appropriates funds. We did take some time members to really do a more deeper dive and had a few questions.

But before I think we get into my recommendation for my recommendations with amendments, if we could call back the senior advisor for the governor's office, Mr. Kane.

Vice Chairs, Will Kane, Office of the Governor.

Yeah. Thank you, Mr. Kane. So would the Office of the Governor be opposed if we were to set up the state fire marshal in terms of how they hire and appoint to a state fire marshal selection Commission? And with some members being advising consent by the Senate?

No, I don't. I don't think that'd be a problem at all. I think it's a good way to kind of bifurcate the process a little bit and have other folks weigh in. So Governor would support that.

Okay, members, any other first questions for Mr. Kane? And I know the other concern had to do with removing it from the office of the Governor and back to the Department of Defense. Is that correct?

That's correct. Yeah. So we think it just makes a lot of sense to have in DoD and obviously statutory or constitutionally, you can't have a Department attached to the Governor. So if we could consider that, that would be appreciated as well.

Okay, thank you. Any other questions? If not. Thank you, Mr. King. Okay, with that members, I'm gonna. We're gonna roll into decision making. Recommendation here is. And please bear with me as there is, it's quite lengthy in terms of our amendments.

So having conferred with the Co-Chair of Labor and Technology Recommendation here is to pass with amendments. We're going to accept the Attorney General's proposed amendments in their testimony. With the exception of not incorporating page two, number two of the suggested amendments, we're going to accept the Hawaii Insurance Council's proposed amendments in their testimony.

Beginning on January 1, 2026 there shall be established a State Fire Marshal Selection Commission.

The State Fire Marshal Selection Commission will have the authority to appoint and may remove the State Fire Marshal may receive complaints from citizens on the office of the Fire Marshal and State Fire Marshal shall evaluate and conduct an annual performance review of the State Fire Marshal.

We're going to place the office of the State Fire Marshal under the State Department of Defense kind of how it was originally drafted In House Bill 1064, the state fire Marshal Selection Commission will post agenda in minutes on the website. State Fire Marshal Selection Commission will be subjected to the state sunshine law hrs Chapter 92.

State fire marshal Selection Commission may establish administrative rules the State Fire Marshal Selection Commission shall consist of the following seven members the State Fire Marshal Selection State Fire Marshal Selection Commission shall be attached to the State Department of Defense for administrative purposes.

Three members shall be appointed by the Governor subject to advice and consent by the Hawaii State Senate and shall be voting members 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 for the initial terms.

After their initial terms, each member can serve up to two consecutive terms for up to eight years with each term being four years each.

One member appointed by the Speaker of the House and a voting member and shall serve a four year term for the initial year and can serve up to two consecutive terms for up to eight years with each term being four years each.

One member appointed by the President of the Senate and a voting member and shall serve a four year term for the initial year and can serve up to two consecutive terms for up to eight years with each term being four years each.

One member shall be the Chair of the Hawaii State Fire Council or designee and be a non voting member. One member shall be the Adjutant General of the Hawaii National Guard or a designee and be a non-voting member.

All State Fire Marshal Selection Commission members voting and non voting shall select the chair of the Hawaii State Fire Hawaii State Fire Marshal Commission and Vice Chair. The chair shall not be an ex official member. Any action taken by the Commission shall be approved by simple majority of its members.

A majority of the members of the Commission shall constitute a quorum to do business. The members of the Commission shall serve without compensation, but shall be reimbursed for necessary expenses, including travel, reasonably incurred in the performance of their official duties. On page 9, lines 6 to 16, this section will dissolve on January 12026.

On page 22, delete lines 10 to 21, delete page 23, delete page 24. On page 25, delete lines 1 to 2, technical amendments. And then we are also going to change the effective date to July 12077.

And I just also want to note that the State Fire Marshal Selection Commission does not duplicate the roles and responsibilities of the Hawaii State Fire Council. And in conferring with the CO Chair, this is sort of mirrors what the County Fire Commission and how it's set up. And so there'll be a process for that. So this.

This won't impede on where the Fire Council is already going through its process now to select the initial fire marshal. This would be for subsequent fire marshals going forward. And basically that would address some of the concerns and what I've seen in the House drafts that have come over.

So with that, any further discussion on the proposed amendments? Okay. If not for the Committee on Public Safety and Military Affairs, Chair votes aye.

[Roll call]

Okay. For our chair, Vice Chair, Senator Ihara.

Thank you. This concludes our joint meeting. Have a great weekend, everyone.

We're adjourned.