reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125. Procurement and Control of Distribution of Necessary Commodities › 125-4 Personnel, delegation of powers.

§125-4 Personnel, delegation of powers.
The governor may appoint or employ boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter, and may delegate to the boards, agencies, or persons, or to any government board, agency, officer, or employee, state or otherwise, any of the governor's duties or powers under this chapter. All such officers and employees on a temporary basis, whether or not employed by contract, shall be exempt from and neither subject to nor entitled to the benefits of the provisions of chapters 76 and 88, or any other law, appropriate collective bargaining agreement, executive order, executive directive, or rule that is inapplicable to temporary employees of the State. [L Sp 1949, c 21, §4; RL 1955, §357-4; HRS §125-4; gen ch 1985; am L 2002, c 148, §13]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125. Procurement and Control of Distribution of Necessary Commodities › 125-5 Contributions.

§125-5 Contributions.
The governor or the governor's authorized representative may receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes provided for by this chapter, and may establish suitable funds in the treasury for the deposit and expenditures of the moneys. The contributions or grants are appropriated for the purpose of this chapter, or for such special purposes, as the case may be. [L Sp 1949, c 21, §5; RL 1955, §357-5; HRS §125-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125. Procurement and Control of Distribution of Necessary Commodities › 125-6 Investigations, surveys.

§125-6 Investigations, surveys.
The governor and the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making, filing, or keeping of applications, schedules, records, reports, or statements, under oath or otherwise, administer oaths, take evidence under oath, subpoena witnesses, and require the production of books, papers, and records. Witnesses shall be allowed their fees and mileage as in cases in the circuit courts. The circuit court of any circuit or judge thereof may enforce by proper proceedings the attendance and testimony of any witness subpoenaed to appear within the circuit, or the production of books, papers, and records. [L Sp 1949, c 21, §6; RL 1955, §357-6; HRS §125-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125. Procurement and Control of Distribution of Necessary Commodities › 125-7 Fraud, misdemeanor.

§125-7 Fraud, misdemeanor.
Any person required by the governor or the governor's authorized representative, pursuant to section 125-6, to make, keep, or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or keeps a false or fraudulent application, schedule, record, report, or statement or intentionally conceals therein any material fact, and any person who in any other manner intentionally deceives or attempts to deceive the governor or the governor's authorized representative with respect to any fact to be used in administering this chapter, and any person who fails to observe and comply with the rules and regulations promulgated under this chapter, shall be fined not more than $1,000 or imprisoned not more than six months, or both. [L Sp 1949, c 21, §7; RL 1955, §357-7; HRS §125-7; am L 1974, c 5, §3; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-1 Findings and purpose.

Note
Part heading added by L 1984, c 238, §1.
§125C-1 Findings and purpose.
The legislature finds that adequate supplies of petroleum products are essential to the health, welfare, and safety of the people of Hawaii, and that any severe disruption in petroleum product supplies for use within the State would cause grave hardship, pose a threat to the economic well-being of the people of the State, and have significant adverse effects upon public confidence and order and effective conservation of petroleum products. The purpose of this chapter is to grant to the governor or the governor's authorized representative the clear authority, when shortages of petroleum products occur or are anticipated, to control the distribution and sale of petroleum products in this State, to procure such products, and to impose rules that will provide extraordinary measures for the conservation of petroleum products and for their distribution and sale in an orderly, efficient, and safe manner. [L 1975, c 38, pt of §1; am L 1984, c 238, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-2 "Shortage" defined.

§125C-2 "Shortage" defined.
As used in this chapter, unless otherwise indicated by the context, a "shortage" exists whenever the governor determines that there is an increase in the demand for any petroleum product or there is a decrease in the available supply for the petroleum product in question, or both; and such decrease in the available supply of or increase in the demand for the petroleum product in question, or both, may cause a major adverse impact on the economy, public order, or the health, welfare, or safety of the people of Hawaii and may not be responsibly managed within the free market distribution system. Further, the governor may require importers of any petroleum product or other fuel to monitor and report to the department of business, economic development, and tourism relevant supply and demand data. The governor shall review the status of a shortage within one hundred twenty days after the governor's initial determination of a shortage as defined under this chapter; thenceforth, the governor shall conduct a review of the shortage to make a new determination every thirty days until a shortage no longer exists. [L 1975, c 38, pt of §1; am L 1979, c 142, §1; am L 1984, c 238, §3; gen ch 1985; am L 1991, c 102, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-3 Powers in a shortage.

§125C-3 Powers in a shortage.
When a shortage as defined in section 125C-2 exists, the governor or the governor's authorized representative, to ensure that petroleum products are made available to the public in an orderly, efficient, and safe manner, may:
(1) Control the retail distribution and sale of petroleum products by adopting rules that may include, but are not limited to, the following measures:
(A) Restricting the sale of petroleum products to specific days of the week, hours of the day or night, odd- and even-numbered calendar days, and vehicles having less than a specified amount of gasoline in their tanks, with exceptions for certain designated geographical areas;
(B) Restricting sales of petroleum products by dealers to daily allocations, which shall be determined by dividing the monthly allocation by the number of selling days per month;
(C) Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;
(D) Instituting a statewide rationing plan; and
(E) Allowing for special handling for commercial and emergency-user vehicles;
(2) Require that a percentage of petroleum products, not to exceed five per cent, be set aside to alleviate hardship; provided that aviation gasoline set aside shall not exceed ten per cent;
(3) Purchase and resell or otherwise distribute petroleum products, and purchase and resell or otherwise distribute ethanol that is produced within the State and can be used as a substitute for petroleum products;
(4) Receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes not inconsistent with this chapter;
(5) Borrow and expend moneys needed to exercise the powers granted under this section;
(6) Contract in the name of the State for the purpose of implementing this chapter or any part thereof; and
(7) Exercise the powers granted under this section to the degree and extent deemed by the governor to be necessary, including the temporary or indefinite suspension of all or part of the measures taken, as the governor deems appropriate. [L 1975, c 38, pt of §1; am L 1984, c 238, §4; gen ch 1985; am L 1992, c 182, §3; am L 1994, c 59, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-4 Adopting, filing, and taking effect of rules.

§125C-4 Adopting, filing, and taking effect of rules.
The governor or the governor's authorized representative shall adopt rules pursuant to chapter 91, to insure that petroleum products are made available to the public in an orderly, efficient, and safe manner, to become effective when a shortage, as defined in section 125C-2, exists. If additional and unforeseen measures are required to insure that petroleum products are distributed in an orderly, efficient, and safe manner, the governor or the governor's authorized representative may proceed without prior notice or hearing or upon such abbreviated notice and hearing as the governor finds practicable to adopt additional rules authorized under this chapter with the additional rules to be effective for a period of not longer than one hundred twenty days without renewal. Any rule so adopted may be amended or repealed by the governor without prior notice or hearing or upon abbreviated notice and hearing prior to the expiration of the one hundred twenty-day period; provided that no amendment shall extend the rule beyond the original period of one hundred and twenty days. To be effective after the one hundred twenty-day period, the rules shall be adopted pursuant to chapter 91. Each rule adopted, amended, or repealed shall become effective as adopted, amended, or repealed upon approval by the governor and filing with the lieutenant governor. Each rule in effect shall have force and effect of law, but the effect of each rule may be temporarily or indefinitely suspended by the governor by written declaration filed with the lieutenant governor. Each rule temporarily suspended shall take effect again immediately upon expiration of the suspension period. Each rule indefinitely suspended shall take effect immediately upon the filing with the lieutenant governor of the written declaration by the governor terminating the suspension. [L 1975, c 38, pt of §1; am L 1979, c 105, §10; am L 1981, c 18, §1; am L 1984, c 238, §5; gen ch 1985; am L 1986, c 216, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-5 Publication of rules and declarations.

§125C-5 Publication of rules and declarations.
Within five days after the date of filing with the lieutenant governor of each rule or declaration, the governor shall make the rule or determination known to the persons affected by it by publication at least once in a newspaper of general circulation in the State and in a newspaper that is printed and issued at least twice weekly in the county within which those affected persons reside. [L 1975, c 38, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-6 Petition for adoption, amendment, repeal, or suspension of rules.

§125C-6 Petition for adoption, amendment, repeal, or suspension of rules.
Any interested person may petition the governor or the governor's authorized representative requesting the adoption, amendment, repeal, or suspension of any rule and stating reasons therefor. The governor or the governor's authorized representative shall prescribe the form for the petitions and the procedures for their submission, consideration, and disposition, and within thirty days after submission of the petition shall either deny the petition in writing, stating the governor's or the governor's authorized representative's reasons for the denial, or grant the petition and adopt, amend, repeal, or suspend the rule accordingly. [L 1975, c 38, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-8 Personnel; delegation of powers.

§125C-8 Personnel; delegation of powers.
The governor may appoint or employ temporary boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter. All such temporarily appointed or employed officers and employees, whether or not employed by contract, shall be exempt from and not subject to nor entitled to the benefits of the provisions of chapters 76 and 88, or any other law, collective bargaining agreement, executive order, executive directive, or rule that is inapplicable to temporary employees of the State. [L 1975, c 38, pt of §1; am L 2002, c 148, §14]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-9 Investigations and surveys.

§125C-9 Investigations and surveys.
The governor or the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making, filing, or keeping of applications, schedules, records, reports, or statements, under oath or otherwise, administer oaths, take evidence under oath, subpoena witnesses, and require the production of books, papers, and records. Witnesses shall be allowed their fees and mileage as in cases in the circuit courts. The circuit court of any circuit or judge thereof may enforce by proper proceedings the attendance and testimony of any witness subpoenaed to appear within the circuit, or the production of books, papers, and records. [L 1975, c 38, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-10 Fraud; misdemeanor.

§125C-10 Fraud; misdemeanor.
Any person required by the governor or the governor's authorized representative, pursuant to section 125C-9, to make, keep or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or keeps a false or fraudulent application, schedule, report, or statement or intentionally conceals therein any material fact, and any person who in any other manner intentionally deceives or attempts to deceive the governor or the governor's authorized representative with respect to any fact to be used in administering this chapter, and any person who intentionally fails to observe and comply with any rule promulgated under this chapter, shall be guilty of a misdemeanor. [L 1975, c 38, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-21 Definitions.

§125C-21 Definitions.
"Petroleum product" means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels used for emergency and essential intrastate air transport services, but excluding all other aviation fuels.
"Prime supplier" means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity which makes the first sale of any liquid fossil fuel into the state distribution system for consumption within the State. [L 1984, c 238, pt of §7; am L 1994, c 59, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-22 When set-aside required.

§125C-22 When set-aside required.
When a shortage as defined in section 125C-2 exists, all prime suppliers shall set aside supplies of each petroleum product for which there is a shortage. The amount set aside shall be in accordance with the rules adopted by the chief energy officer of the Hawaii state energy office. [L 1984, c 238, pt of §7; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-23 Set-aside system.

§125C-23 Set-aside system.
The chief energy officer of the Hawaii state energy office shall adopt rules establishing a petroleum products set-aside system. The purpose of this system shall be:
(1) The protection of public health, safety, and welfare;
(2) The maintenance of public services, utilities, and transportation, including emergency and essential intrastate air transport services;
(3) The maintenance of agricultural operations, including farming, horticulture, dairy, fishing, and related services;
(4) The preservation of economically sound and competitive industry, through the equitable acquisition and distribution of petroleum products; and
(5) The promotion of efficiency, with minimum economic disruptions, during a shortage of petroleum products.
The rules establishing the set-aside system shall be adopted in accordance with chapter 91. [L 1984, c 238, pt of §7; am L 1994, c 59, §3; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-31 Biennial state energy emergency preparedness plan.

§125C-31 Biennial state energy emergency preparedness plan.
(a) The department of business, economic development, and tourism shall prepare a comprehensive and integrated biennial state energy emergency preparedness plan to be implemented in the event of, or in anticipation of, a change in the State's petroleum supply or demand situation that is judged by the governor to be unmanageable by the free market. The department of business, economic development, and tourism shall prepare a biennial state energy emergency preparedness plan in every even-numbered year in accordance with the following:
(1) The biennial state energy emergency preparedness plan shall replace the energy emergency plan developed by the chief energy officer of the Hawaii state energy office, who shall act as the governor's authorized representative under this chapter;
(2) In preparing the biennial state energy emergency preparedness plan, the department shall:
(A) Solicit input, comment, and review from the governor's energy emergency preparedness advisory committee composed of representatives of federal, state, and county governments; private energy suppliers; consumer and other public interest groups; and the public at-large; and
(B) Establish other task forces and advisory groups, as may be deemed necessary, to assist in the preparation and review of the biennial state energy emergency preparedness plan;
(3) The biennial state energy emergency preparedness plan shall be comprehensive and encompassing, and shall integrate into its analytic and planning framework the plans of electric and gas utilities and other energy suppliers, relevant state agencies, including the department of transportation, counties, and such other entities as deemed appropriate; and
(4) The biennial state energy emergency preparedness plan shall include a review and update of the previous biennial state energy emergency preparedness plan and a review of the energy emergency plans prepared by the counties.
(b) The department shall prepare an energy emergency communication plan, which shall be updated biennially and shall be consistent with the energy emergency preparedness plans prepared by the counties. The energy emergency communication plan shall be used by the State and counties to communicate and otherwise coordinate state and county actions taken in response to implementing the biennial state energy emergency preparedness plan. [L 1992, c 182, pt of §2; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125C. Procurement, Control, Distribution and Sale of Petroleum Products › 125C-32 Biennial county energy emergency preparedness plans.

§125C-32
Biennial county energy emergency preparedness plans.
The mayor of each county, or the mayor's authorized representative, shall prepare a comprehensive county energy emergency preparedness plan. The plan shall be prepared in coordination with and be consistent with the biennial state energy emergency preparedness plan, and shall be implemented in coordination with the state energy emergency preparedness plan upon declaration of an energy emergency by the governor. Not later than September 30 of every even-numbered year, each county shall prepare and transmit to the director of business, economic development, and tourism the county's biennial county energy emergency preparedness plan. [L 1992, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 126. Federal Flood Insurance › 126-1 Authorization to director.

§126-1 Authorization to director.
The director of finance is authorized to enable the State to qualify and participate in the federal flood insurance program, pursuant to any applicable provisions of Public Law 1016, Eighty-fourth Congress, Second Session. The director of finance shall be vested with the functions, powers, and duties which are necessary to enable the State to qualify and participate in the flood insurance program. [L 1957, c 178, §2; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; Supp, §358B-2; HRS §126-1; gen ch 1985]
Cross References
County authorization, see §46-11.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-4 Hawaii advisory council on emergency management.

§127A-4 Hawaii advisory council on emergency management.
There shall be a Hawaii advisory council on emergency management, which shall be attached to the agency for administrative purposes, and which shall consist of seven members nominated and, by and with the advice and consent of the senate, appointed by the governor. The governor shall designate the chairperson of the council. The council, at the request of the governor, shall confer with and advise the governor in regard to matters pertaining to emergency management. Members of the council shall receive no compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred in carrying out their duties relating to the council. Persons holding public office or employment in the state government, or any political subdivision thereof, are eligible for appointment to the council. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-5 County emergency management agency.

§127A-5 County emergency management agency.
(a) The mayor of each county shall have direct responsibility for emergency management within the county, including the organization, administration, and operation of a county emergency management agency.
(b) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized, coordinate all emergency management plans within the county, and cooperate as closely as possible with the agency and emergency management agencies in the other counties in all aspects of emergency management.
(c) Each county shall be responsible for the establishment, naming, and operation of a county emergency management agency under the mayor's direction, and shall enact ordinances to establish the county emergency management agency and ensure that the mayor and the county's emergency management agency have the powers necessary to receive state and federal funds and carry out the functions of this chapter at the county level. The ordinances shall comply with powers established under sections 127A-12 and 127A-13.
(d) Each county, under the mayor's direction, shall make appropriations and authorize expenditures for the purposes of this chapter, including for use as matching funds for federal aid, out of the normal revenues or fund balances or surpluses of the counties, notwithstanding any legal restrictions upon the purposes for which the funds may be expended, except that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, trust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected.
(e) Each county, under the mayor's direction, shall provide a county-level administrator or director of the county emergency management agency, and technical, administrative, and other personnel; office space; furniture; equipment; supplies; and funds necessary to carry out the purposes of this chapter.
(f) The administrator or director of the county emergency management agency shall be subject to chapter 76.
(g) Each county, under the mayor's direction, shall, in order to ensure continuity of government during an emergency period, establish a procedure for the appointment and designation of stand-by officers for the mayor and the county legislative body during an emergency period, who shall serve in the event of the unavailability of the officers for whom they are standing-by.
(h) Each county, under the mayor's direction, shall establish and maintain an emergency operations center, as the place from where emergencies and disasters shall be managed, and staff it appropriately.
(i) Each county, under the mayor's direction, shall coordinate, develop, and implement a comprehensive emergency management plan for the county and submit annual reports to the administrator on the status and updates of the plan. [L 2014, c 111, pt of §2; am L 2019, c 78, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-6 Emergency management reserve corps.

§127A-6 Emergency management reserve corps.
(a) The administrator may establish an emergency management reserve corps comprising trained specialists to support state and county emergency, disaster, or day-to-day requirements. The emergency management reserve corps may include:
(1) Any employee of the State or county;
(2) Any employee hired specifically for staffing during emergency, disaster, or day-to-day periods and exercises who shall be hired and compensated without regard to chapters 76, 78, and 88; and
(3) Any volunteer,
who shall be detailed in accordance with this chapter. Emergency management reserve corps positions shall be authorized and managed by the agency and do not need the approval of the governor.
(b) The emergency management reserve corps shall support state emergency or disaster requirements and, if requested by a county emergency management agency, supplement the county emergency management agency staff. The emergency management reserve corps may be mobilized during, or in advance of, emergencies or disasters, or for emergency management day-to-day activities. Emergency management reserve corps members shall attend a minimum of forty hours of paid activities per year. [L 2014, c 111, pt of §2; am L 2019, c 78, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-7 State warning point.

§127A-7 State warning point.
(a) The agency shall establish and operate a communications and warning center that shall be known as the state warning point. The state warning point shall be continually staffed by the agency to monitor warning systems and devices and shall have the ability to provide timely warning and notification to government officials, county warning points and emergency operations centers and, when directed, the general public.
(b) Each county shall establish and operate a communications and warning center that shall be known as a county warning point. The county warning points shall be continually staffed by the respective counties and shall be capable of communicating with the state warning point at all times. The county warning points shall provide timely warning and notification to government officials and the public, when directed. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-8 Status and rights of personnel.

§127A-8 Status and rights of personnel.
(a) All state and county officials, officers, and employees are considered "emergency workers" and shall perform functions as determined by their respective state or county department director during emergencies or disasters.
(b) If any state or county official, officer, or employee is engaged in carrying out this chapter in lieu of the official, officer, or employee's regular office or employment, the amount of the official, officer, or employee's compensation shall not be adversely affected, and the official, officer, or employee's rights in or under the laws relating to vacation and leave, the retirement system, civil service or the like, shall not be adversely affected.
(c) All persons, including volunteers whose services have been accepted by authorized persons, while engaged in the performance of duty pursuant to this chapter, including duty performed during exercises and training, shall be deemed state employees if the performance of duty is for the State, or county employees if the performance of duty is for the county, and shall have the powers, duties, rights, and privileges of such in the performance of their duties, except as may be prescribed by or under the authority of the governor or the mayor, pursuant to this chapter.
(d) In case of injury or death arising out of and in the performance of duty pursuant to this chapter, including duty performed during periods of training, all persons having the status of official, officer, or employee of the State or county, pursuant to this section, and their dependents, shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies, and in case of injury or death, no public official shall be excluded from the coverage of chapter 386 by reason of being an elected official. For the purposes of the benefits, average weekly wages shall be computed upon the basis set forth in section 386-51, or upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant or claimants. The costs thereof, in cases of state employees, shall be a charge upon the state insurance fund and, in cases of county employees, shall be a charge upon the county insurance fund; provided that the governor or mayor may effect such insurance in respect of the obligations assumed pursuant to this section and as may be available under any mutual aid agreement or act of Congress. Nothing herein shall adversely affect the right of any person to receive any benefits or compensation under any act of Congress. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-9 Immunities; rights.

§127A-9 Immunities; rights.
(a) None of the following:
(1) The State;
(2) Any county;
(3) Any owner or operator of a public utility or critical infrastructure facility;
(4) Private-sector or nonprofit organizations; or
(5) Except in cases of wilful misconduct, gross negligence, or recklessness, persons engaged in emergency management functions pursuant to this chapter, including volunteers whose services are accepted by any authorized person,
shall be civilly liable for the death of or injury to persons, or property damage, as a result of any act or omission in the course of the employment or duties under this chapter.
(b) No act or omission shall be imputed to the owner of any vehicle by reason of the owner's ownership thereof; provided that nothing herein shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle which may be insured under section 41D-8 to the extent of the insurance, and, unless specifically provided, insurance effected under section 41D-8 shall not include coverage of such risk during an emergency period. The governor may insure vehicles owned by the State or in the custody and use of the Hawaii emergency management agency; provided that insurance effected under section 41D-8 on vehicles used for purposes other than emergency management shall not be required to include coverage of the insured vehicle against the risk incurred or which would be incurred under this chapter as a result of the use of the insured vehicle for emergency management.
(c) Members of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on any duty or service performed under or in pursuance of an order or call of the President of the United States or any proper authority, and the National Guard from any other state ordered into service by any proper authority, to assist civil authorities engaged in emergency functions pursuant to this chapter shall not be liable, civilly or criminally, for any act done or caused by them in pursuance of duty in such service. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-11 Powers on whom conferred; delegation of powers.

§127A-11 Powers on whom conferred; delegation of powers.
(a) Except as otherwise expressly provided, all of the powers conferred by this chapter are conferred on the governor or mayor, as applicable. The governor or mayor may delegate any of these powers to governmental, private-sector, and nonprofit agencies and organizations, officials, officers, employees, and other individuals created, appointed, or employed under, or engaged in carrying out this chapter; provided that the following powers shall be retained by the governor or mayor, as applicable:
(1) Proclaiming a state of emergency or local state of emergency, proclaiming a state of emergency or local state of emergency terminated, or making any other proclamation provided for by this chapter;
(2) Prescribing rules having the force and effect of law; and
(3) Making allotments of funds appropriated or available for the purposes of this chapter.
Unless otherwise directed by the governor or mayor, all of the powers pertaining to emergency management authorized to be delegated by the governor or mayor shall be deemed to have been delegated by the governor to the director of Hawaii emergency management and by the mayor to the administrator or director of the county emergency management agency, as applicable, and the administrator or director of the county emergency management agency, respectively, shall have the authority to further delegate any of these powers to any agency or person to whom the governor or mayor could have directly delegated such powers.
(b) The powers conferred upon the governor or mayor by this chapter are in addition to any other powers or authority conferred upon the governor or mayor by the laws of the United States and of the State or county for the same or a like purpose, and shall not be construed as abrogating, limiting, or modifying any such powers or authority. [L 2014, c 111, pt of §2]
Law Journals and Reviews
Hoist the Yellow Flag and Spam
®
Up: The Separation of Powers Limitation on Hawai`i's Emergency Authority. 43 UH L. Rev. 71 (2020).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-14 State of emergency.

§127A-14 State of emergency.
(a) The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency or disaster in any portion of the State.
(b) A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency or disaster in any portion of the county.
(c) The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency in the State or a local state of emergency in the county, as applicable. This section shall not limit the power and authority of the governor under section 127A-13(a)(5).
(d) A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. [L 2014, c 111, pt of §2; am L 2019, c 214, §5]
Law Journals and Reviews
Hoist the Yellow Flag and Spam
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Up: The Separation of Powers Limitation on Hawai`i's Emergency Authority. 43 UH L. Rev. 71 (2020).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-15 Proclamations, how made; service of papers.

§127A-15 Proclamations, how made; service of papers.
(a) Every proclamation of the governor or mayor for which provision is made by this chapter, shall be promulgated by posting on the applicable state or county emergency management agency website and by means calculated to bring its contents to the attention of the general public, including by official announcement by means of television or radio broadcast, or both, or by Internet, or such other means as may be available. The proclamation shall remain posted on the agency website until the state of emergency terminates automatically or by subsequent proclamation.
(b) Any process, notice, or order, service of which is provided for by this chapter, may be served by any law enforcement officer or person authorized by the governor or mayor, any other provision of law to the contrary notwithstanding. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-16.5 Resilient Hawaii revolving loan fund.

§127A-16.5 Resilient Hawaii revolving loan fund.
(a) There is established in the state treasury the resilient Hawaii revolving loan fund, into which shall be deposited:
(1) Funds from federal or private funding sources;
(2) Moneys appropriated by the legislature to the fund;
(3) Investment and interest earnings of the fund;
(4) Moneys received as repayment of loans, including interest and payments received on account of principal; and
(5) All other moneys received by the fund from any other source.
(b) Moneys in the resilient Hawaii revolving loan fund shall be used to provide low- or no-interest loans to the counties and nonprofit organizations for local resilience projects that address mitigation of all hazards, including natural disasters. Moneys in the resilient Hawaii revolving loan fund may be used for administrative support associated with the revolving loan fund, including the hiring of necessary staff.
(c) Loans from the resilient Hawaii revolving loan fund shall be for a fixed loan period and may be used to satisfy the nonfederal match for federal mitigation grants.
(d) The resilient Hawaii revolving loan fund shall be administered by the administrator. The administrator shall apply to the Federal Emergency Management Agency under the provisions of the Safeguarding Tomorrow through Ongoing Risk Mitigation Act, Public Law 116-284, when funding is available, to capitalize the fund. Appropriations or authorizations from the fund shall be expended by the agency. The agency shall prioritize making loans to projects it determines to have the greatest impact on eliminating hazards.
(e) The resilient Hawaii revolving loan fund shall be administered, operated, and maintained to remain available in perpetuity to provide loans and other financial assistance pursuant to this section and the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act. All moneys deposited or paid into the fund and any interest earned on the balance of the fund shall be continuously available to the administrator for expenditures consistent with this section and shall not lapse to the general fund.
(f) The director of finance shall hold and invest moneys in the resilient Hawaii revolving loan fund in investments as permitted by law.
(g) Moneys expended from the resilient Hawaii revolving loan fund shall be supplemental to and shall not take the place of funding that otherwise would be appropriated to the counties for resilience projects.
(h) The agency shall establish application procedures and eligibility criteria for loans from the resilient Hawaii revolving loan fund. The eligibility criteria shall require that a county or nonprofit organization demonstrate:
(1) The need for a loan to address hazard mitigation; and
(2) The ability to repay the loan, if required, at a later date. [L 2022, c 284, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-17 Allotments.

§127A-17 Allotments.
(a) There shall be available for allotment by the governor under this chapter:
(1) Any moneys appropriated for the purposes of this chapter, or reappropriated pursuant to subsection (b) and any unexpended moneys appropriated for emergency management or disaster relief or administration thereof by any act, but only within the scope and purposes of the appropriations so made by the legislature;
(2) Contributions, as provided by section 127A-12; and
(3) The governor's contingent fund.
(b) Any sums realized under this chapter from the sale of property by the State, or from work performed, services rendered, or accommodations or facilities furnished by the State, or from insurance against damage or loss of property the premiums for which have been paid by the State under this chapter, shall be deemed to be trust funds for the purposes of this chapter and may be expended or allotted in the same manner as other appropriations made by or available for the purposes of this chapter.
(c) The governor may allot any moneys appropriated or available for the purposes of this chapter, to any agency, officer, or employee, created, appointed, or employed under this chapter, or to any government agency, officer, or employee of the State or a county, to whom powers or duties have been delegated pursuant to this chapter, to be expended in carrying out the provisions of this chapter, and in the case of county agencies, officers, or employees, to order the allotment paid over to be held, disbursed, and accounted for as other county funds or as the governor shall provide.
(d) In the event of a deficit in the general fund of the State, any appropriation made or available for the purposes of this chapter and needed for allotment under this chapter shall take priority over other appropriations from the general fund.
(e) Any appropriation made or available for the purposes of this chapter may be expended notwithstanding the existence of a specific or other appropriation for the same or a like purpose, and without prejudice to the expenditure of the other appropriation. The powers granted by this section are in addition to, and not restrictive of, the powers granted by any other section.
(f) Any order by the governor made pursuant to this section may be amended or revoked by the governor. [L 2014, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-18 Mitigation of hazardous situations.

§127A-18 Mitigation of hazardous situations.
(a) Even in the absence of an emergency or disaster, the governor may authorize designated state employees, agents, contractors, or representatives to enter private property at reasonable times to mitigate situations deemed by the governor to be hazardous to the health and safety of the public; provided that this section shall be applicable only to the following actions:
(1) Cutting, trimming, or removing dangerous trees or branches that pose a hazard to other properties;
(2) Stabilizing or removing unstable rock and soil hazards;
(3) Cleaning streams and waterways to mitigate or prevent flooding; or
(4) Additional natural hazards;
provided further that at least ten days' written notice shall be provided to the landowner and to the occupier of the private property of the governor's intention to authorize designated state employees, agents, contractors, or representatives to enter the property to mitigate the hazardous situation; provided further that the landowner or occupier shall be given a reasonable opportunity to mitigate the hazardous situation without assistance of the State before designated state employees, agents, contractors, or representatives may enter the property.
(b) Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county in which any action or proposed action will be taken.
(c) If entry is refused, the governor may apply to the district court in the circuit in which the property is located for a warrant to enter the premises. The district court may issue a warrant directing the chief of the appropriate county police to assist the governor in gaining entry onto the premises during regular working hours or at other reasonable times.
(d) The governor may seek recovery and reimbursement, by appropriate proceedings, of all costs and expenses incurred in the mitigation of a hazardous situation under this section, and any costs and expenses imposed against any landowner shall be a lien upon the landowner's property.
(e) This section shall take effect only upon authorization and funding for personnel to administer the program. [L 2014, c 111, pt of §2; am L 2022, c 249, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 127A. Emergency Management › 127A-18.5 Hazard mitigation special fund.

§127A-18.5 Hazard mitigation special fund.
(a) There is established in the state treasury the hazard mitigation special fund, into which shall be deposited:
(1) All revenues from any recovery or reimbursement pursuant to section 127A-18;
(2) Appropriations made by the legislature for deposit into the fund;
(3) All contributions from public or private partners; and
(4) All interest earned on or accrued to moneys deposited in the special fund.
(b) Moneys in the hazard mitigation special fund shall be used for personnel costs and operating and administrative costs deemed necessary by the agency to administer section 127A-18. [L 2022, c 249, §1]