reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-19 Regulations governing armories, etc.

§121-19 Regulations governing armories, etc.
Any law to the contrary notwithstanding, the adjutant general may make regulations to establish procedures governing the care and custody of department of defense facilities that are either set aside to the department of defense or on license from the federal government. The adjutant general may permit the use of or may temporarily rent to national guard units or other county, state, or federal government agency sponsoring or co-sponsoring meetings, classes, or other activities; hosting athletic events or competitions; billeting personnel in conjunction with sanctioned events such as agency-sponsored conferences or classes, agency-sponsored athletic or recreation programs, government-sponsored public hearings or meetings, unit-sponsored youth organizations and activities, or public school sponsored classes, dances, plays, and concerts; nonprofit or eleemosynary organizations conducting a community or group activity; and film production enterprise activities promoted and coordinated through the Hawaii film industry branch, department of business, economic development, and tourism, such portions as will not interfere with the military use thereof. The adjutant general shall establish the rentals to be charged for their use and all net proceeds received from the rentals shall be deposited into the general fund of the State. Chapter 91 shall not apply. [L 1967, c 196, pt of §1; HRS §121-19; am L 1975, c 108, §2; gen ch 1985; am L 2019, c 76, §2]
Attorney General Opinions
Allowance of use of armories for private functions must be in accordance with this section if armories are on license from the federal government, and in accordance with §171-11 if armories are on lands set aside by executive orders. Att. Gen. Op. 71-1.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-20 Enlistment.

§121-20 Enlistment.
Enlistment in the army or air national guard shall be in a manner, form, and for a period of time as may be provided by the laws of the United States, and regulations issued from time to time. No person shall be enlisted in the army or air national guard whose services during the person's preceding term of enlistment have not been honest and faithful. [L 1967, c 196, pt of §1; HRS §121-20; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-21 Discharge.

§121-21 Discharge.
Discharges shall be granted for the convenience of the State and for the same reasons and in like manner as are from time to time prescribed by federal laws and regulations for the army or air national guard. [L 1967, c 196, pt of §1; HRS §121-21]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-22 Warrants of noncommissioned officers.

§121-22 Warrants of noncommissioned officers.
The warrants of noncommissioned officers and appointments of private first-class and rated specialists shall be continued in force after discharge by reason of expiration of term of service if they reenlist on the day following their discharge and the vacancy caused by their discharge has not been filled. [L 1967, c 196, pt of §1; HRS §121-22]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-23 Oath required.

§121-23 Oath required.
Every person appointed or commissioned as an officer or who enlists or reenlists shall sign and take an oath of allegiance to the State and the United States, in a form as may be prescribed by the regulations issued by the commander in chief. A person making a false oath as to any statement contained in any enlistment paper or oath shall be guilty of perjury and upon conviction thereof shall be sentenced as provided by law. [L 1967, c 196, pt of §1; HRS §121-23]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-24 Oaths and affirmations; false swearing; perjury.

§121-24 Oaths and affirmations; false swearing; perjury.
(a) All commissioned officers of the army or air national guard shall have the power to administer oaths and affirmations in all matters pertaining to or concerning military service or property, but in no case shall they charge any fee therefor. Any person who falsely swears or affirms to any oath or affirmation so administered may be tried before any circuit court, and, upon conviction, shall be deemed guilty of perjury and sentenced for such offense as prescribed by law.
(b) For purposes of initial entry into the Hawaii national guard, any commissioned officer of the active or reserve components of any of the armed forces of the United States shall have the power to administer appropriate oaths and affirmations. [L 1967, c 196, pt of §1; HRS §121-24; am L 1988, c 52, §1]
Cross References
Perjury, see § §710-1060 to 710-1069.5.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-25 Exemption from arrest and service.

§121-25 Exemption from arrest and service.
No member of the army or air national guard or of the militia of the State shall be arrested or subjected to service under any civil process while going to, remaining at, or returning from any place of military duty in pursuance of an order of the President of the United States or the governor. [L 1967, c 196, pt of §1; HRS §121-25]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-26 Relief from civil or criminal liability.

§121-26 Relief from civil or criminal liability.
Members of the army or air national guard or the militia ordered into active service of the State by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them in pursuance of duty in such service. The attorney general, the attorney general's deputy, special deputy, or appointee shall defend all actions brought civilly or criminally for acts or omissions against any member of the army, air national guard, or militia which reasonably appear to have occurred during the performance of service under this chapter, or chapter 122, or during a call-up under section 121-30, and reasonably done within the line or performance of duty. No action or proceedings shall be prosecuted or maintained against a member of a military court or an officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or collection of a fine or penalty, or the execution of any writ, warrant, execution, process, or mandate of a military court. [L 1967, c 196, pt of §1; HRS §121-26; am L 1976, c 21, §1; gen ch 1985]
Note
Chapter 122 referred to in text is repealed. For similar provisions, see Hawaii state defense force, chapter 122A.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-27 Dishonorable discharge, effect.

§121-27 Dishonorable discharge, effect.
Any officer or enlisted member of the militia who is dishonorably dismissed or discharged from the national guard, shall be disqualified from holding any office or employment in the service of the State, or any county, unless pardoned by the governor. [L 1967, c 196, pt of §1; HRS §121-27; am L 1969, c 15, §1(c)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-28 Report for service, drills, and exercises.

§121-28 Report for service, drills, and exercises.
Every member of the army or air national guard not excused therefrom shall report for active service whenever so ordered or called by the President of the United States or the governor. Every member not excused therefrom shall participate in assemblies for drill and instruction at any designated armory or rendezvous, encampments, maneuvers, or other exercise, to the extent prescribed by regulations of the Department of the Army and Department of the Air Force of the United States. Failure to comply with this section shall be punishable as a court-martial may direct. [L 1967, c 196, pt of §1; HRS §121-28]
Attorney General Opinions
Pursuant to Uniformed Services Employment and Reemployment Rights Act of 1994, as well as state law, it appeared that Hawaii police department was precluded from refusing request by an employee for military leave if the employee had been so ordered to duty. Att. Gen. Op. 97-7.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-29 Active service.

§121-29 Active service.
Active service is any duty or service done under or in pursuance of an order or call of the President of the United States or an order of the governor. Any officer or body of troops while on active service may be relieved from duty by order of the proper authority. [L 1967, c 196, pt of §1; HRS §121-29]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-30 Order to active service.

§121-30 Order to active service.
In case of war, insurrection, invasion, riot, or imminent danger thereof; an emergency or disaster; or danger from flood, fire, storm, earthquake, civil disturbances, or terrorist events; any forcible obstruction to the execution of the laws, or reasonable apprehension thereof; or for assistance to civil authorities in disaster relief or emergency management, the governor may order the national guard or other component of the militia or any part thereof into active service. The governor, or the governor's designated representative, may also order the national guard into active service:
(1) In nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28;
(2) To provide support to other states in response to a request for assistance under the Emergency Management Assistance Compact under chapter 127F; and
(3) To detect, prevent, prepare for, investigate, respond to, or recover from any of the events for which an order to active service may be made. [L 1967, c 196, pt of §1; HRS §121-30; am L 1983, c 70, §1; am L 2014, c 111, §6; am L 2022, c 101, §2]
Attorney General Opinions
Pursuant to Uniformed Services Employment and Reemployment Rights Act of 1994, as well as state law, it appeared that Hawaii police department was precluded from refusing request by an employee for military leave if the employee had been so ordered to duty. Att. Gen. Op. 97-7.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-31 Hawaii Code of Military Justice to apply.

§121-31 Hawaii Code of Military Justice to apply.
Whenever any portion of the militia, including the army or air national guard, is on active service pursuant to the order of the governor, or is on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to the process of the State, or imminent danger thereof, or while engaged in disaster relief or for any other cause, the Hawaii Code of Military Justice and rules adopted to administer and implement that Code, shall be enforced and regarded as a part of this chapter until the forces are relieved from duty. [L 1967, c 196, pt of §1; HRS §121-31; am L 1982, c 171, §3]
Cross References
Hawaii code of military justice, see chapter 124B.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-33 Interference by civilian, penalty.

§121-33 Interference by civilian, penalty.
Every commanding officer when on duty may ascertain and fix the necessary bounds and limits to the commanding officer's parade or encampment. Whoever intrudes within the limits of the parade or encampment after being forbidden, or whoever interrupts, molests, or obstructs any officer or soldier while on duty shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding $25. The person may be put and kept under guard until the parade, encampment, or duty is concluded. The commanding officer, as soon as practicable, shall turn over the person to any police officer. [L 1967, c 196, pt of §1; HRS §121-33; 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 › 121. Militia; National Guard › 121-34 Right-of-way on street, violation, and penalty.

§121-34 Right-of-way on street, violation, and penalty.
Any portion of the army or air national guard while parading, drilling, moving in convoy, or performing any military duty pursuant to orders and according to law, shall have the right-of-way in any street or highway through which they may pass; provided that the carriage of the United States mail or the legitimate functions of the police and the progress and operations of fire engines and fire departments shall not be interfered with thereby. Any person who wilfully interferes or obstructs such right-of-way shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding $100. [L 1967, c 196, pt of §1; HRS §121-34]
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 › 121. Militia; National Guard › 121-34.5 Use of electric guns.

§121-34.5 Use of electric guns.
Members of the Army or Air National Guard who have been qualified by training and are authorized by their commanders may use electric guns, as specifically provided in section 134-87, when assisting civil authorities in disaster relief, emergency management, or law enforcement functions; provided that "training" for the purposes of this section means a course of instruction or training in the use of any electric gun authorized pursuant to this section, that is provided or authorized by the manufacturer or is manufacturer-approved or is an electric gun training program approved by the Army or Air National Guard, before deployment or issuance of electric guns and related equipment. [L 2011, c 144, §2; am L 2014, c 111, §28; am L 2021, c 183, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-35 Property of State.

§121-35 Property of State.
All property purchased by the State for the army or air national guard shall be and remain the property of the State. All property of the United States issued to the army or air national guard or to the militia shall, for the purpose of this chapter, and any other similar and applicable law, be deemed to be the property of the State. [L 1967, c 196, pt of §1; HRS §121-35]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-36 Responsibility for property.

§121-36 Responsibility for property.
Every officer commanding a unit shall be charged with and be responsible for the arms, accouterments, ammunition, clothing, or other military property or stores issued to or belonging to the officer's command, and shall be accountable to the State for the same in case of their being lost or damaged otherwise than by unavoidable accident, or in actual service. All officers and members of the militia having arms or other property of the State in their possession shall be accountable to the State in a like manner. [L 1967, c 196, pt of §1; HRS §121-36; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-37 Failure to return arms, etc.

§121-37 Failure to return arms, etc.
Every member of the militia who wilfully neglects to return to the armory or headquarters of the unit to which the member belongs, any arms, uniform, or equipment issued to the member by the State or its officers, within six days after being notified by the member's commanding officer to do so, shall be guilty of a misdemeanor, and shall be punishable by a fine not exceeding $50 or imprisonment for not more than thirty days. [L 1967, c 196, pt of §1; HRS §121-37; 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 › 121. Militia; National Guard › 121-38 Wearing of uniform for private purposes.

§121-38 Wearing of uniform for private purposes.
Any member of the national guard or other component of the militia wearing a uniform or any portion thereof issued by the United States or the State, except for military purposes, without permission being first obtained from an officer authorized to grant this permission by the governor, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding $25, or imprisonment for not more than thirty days. [L 1967, c 196, pt of §1; HRS §121-38]
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 › 121. Militia; National Guard › 121-39 Pay of officers and warrant officers while on active duty.

§121-39 Pay of officers and warrant officers while on active duty.
Officers and warrant officers of the army or air national guard while on active duty of the State shall receive the pay and allowances of officers and warrant officers of similar grades of the United States Army and Air Force, respectively; provided that:
(1) The State shall allow officers and warrant officers to directly deposit their pay by electronic means to their personal banking accounts; and
(2) No pay or allowances shall be made to officers or warrant officers for any service for which they receive military pay and allowances from the United States. [L 1967, c 196, pt of §1; HRS §121-39; am L 2007, c 31, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-40 Pay of enlisted personnel while on active duty.

§121-40 Pay of enlisted personnel while on active duty.
Enlisted personnel of the army and air national guard while on active duty in the service of the State, except during periods of annual field training or year-round field training, shall receive the same pay and allowances as enlisted personnel of similar rank in the United States Army and Air Force respectively; provided that the:
(1) State shall allow enlisted personnel to directly deposit their pay by electronic means to their personal banking accounts; and
(2) Aggregate of the pay and allowances, computed on a daily basis, shall in no event be less than the amount equal to ten times the hourly wage specified in section 387-2. [L 1967, c 196, pt of §1; HRS §121-40; am L 1969, c 15, §1(b); am L 1981, c 198, §1; am L 1986, c 339, §2; am L 2007, c 31, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-42 No pay without orders.

§121-42 No pay without orders.
No officer or enlisted member of the army or air national guard shall be entitled to receive the pay herein provided unless the orders detailing the officer or enlisted member for duty or subsequent orders, specify that pay is to be received for the service rendered. [L 1967, c 196, pt of §1; HRS §121-42; am L 1969, c 15, §1(c); gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-43 Nonforfeiture for absence.

§121-43 Nonforfeiture for absence.
(a) Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from the employee's employment duties while engaged in the performance of ordered national guard service and while going to and returning from such service. Such person shall:
(1) If still qualified to perform the person's employment duties, be restored by such employer or the employer's successor in interest to such position or to a position of like seniority, status, and pay; or
(2) If not qualified to perform the person's employment duties, by reason of disability sustained during ordered national guard service, but qualified to perform the duties of any other position in the employ of such employer or the employer's successor in interest, be offered employment and, if such person so requests, be employed by such employer or the employer's successor in interest in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case,
unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
(b)(1) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) shall be considered as having been on furlough or leave of absence; shall be so restored or reemployed without loss of seniority; shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was ordered to national guard service; and shall not be discharged from such employment position without cause within one year after such restoration or reemployment.
(2) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) should be so restored or reemployed in such manner as to give such person such status in the person's employment as the person would have enjoyed if such person had continued in such employment continuously from the time such person became engaged in the performance of ordered national guard service until the time of such person's restoration to such employment, or reemployment.
(3) Any person who holds a position described in subsection (a) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of the national guard. [L 1979, c 5, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-44 Youth challenge program.

§121-44 Youth challenge program.
(a) Notwithstanding any other law to the contrary, the department may receive, expend, use, manage, and invest money, services, or property, real, personal, or mixed, that may be given, bequeathed, devised, or in any other manner provided, from sources other than the legislature or the federal government, for any purpose authorized under the Hawaii national guard youth challenge program, as described in that certain grant program under the National Guard Bureau, and not inconsistent with any terms or conditions imposed by the donor, this section, or chapter 84.
(b) A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift. Unless otherwise specified as a term or condition, the department may convert a gift of property into money. Income derived from property or the conversion of property may be used for the purposes described in this section and to pay for the storage, handling, management, repair, maintenance, and distribution of other properties held by the department for these purposes.
(c) All expenditures made pursuant to this section shall be subject to the approval of the adjutant general.
(d) In the case of services and property, real, personal, or mixed received, the department shall thereafter be responsible for their management, repair, and maintenance.
(e) The source making the gift shall not be liable upon any claim for injury arising from the donated property; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury.
(f) The department shall maintain records of each gift, the essential facts of gift management, details relating to expenditures of all money made pursuant to this section, and the current disposition, use, and condition of each gift held by the department. This information shall be compiled and reported annually to the legislature and the governor, and shall be made available to the general public free of charge. [L 1995, c 233, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-45 Tuition assistance for Hawaii national guard personnel to attend the University of Hawaii.

§121-45 Tuition assistance for Hawaii national guard personnel to attend the University of Hawaii.
(a) The adjutant general, subject to the availability of funds, may award tuition assistance to qualified enlisted persons, warrant officers, and company grade officers (0-1 through 0-3) in the Hawaii national guard who are:
(1) Residents of the State, as defined by the board of regents pursuant to section [304A-402]; and
(2) Undergraduate students working toward a degree on any campus of the University of Hawaii.
(b) The adjutant general shall adopt rules in accordance with this chapter to carry out the purposes of this section. The rules shall include:
(1) Descriptions of the minimum military and academic qualification of personnel who may be awarded full or partial tuition assistance under this section;
(2) Listings of acceptable fields of study, degrees, and periods of eligibility for personnel who may be awarded tuition assistance under this section;
(3) Procedures for demonstrating the ongoing, satisfactory military and academic performance of personnel who have accepted tuition assistance under this section;
(4) Explanations of any reenlistment obligations for personnel who have accepted tuition assistance under this section;
(5) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of defense to the University of Hawaii; and
(6) Procedures for enforcing this subsection.
(c) Chapters 42F, 103D, and 103F shall not apply to this section. [L 1996, c 291, §2; am L 1997, c 190, §6; am L 2006, c 75, §7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-3 Rules.

§122A-3 Rules.
The governor shall adopt rules pursuant to section 121-5 governing the recruitment, organization, administration, equipment, facilities, training, and discipline of the Hawaii state defense force. Such rules shall, to the extent practicable, conform to regulations governing the national guard and shall be consistent with federal law and regulations pertaining to state defense forces. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-4 Composition; enlistment; appointment.

§122A-4 Composition; enlistment; appointment.
(a) The Hawaii state defense force shall consist of persons over the age of eighteen years voluntarily enlisted or appointed therein and such members of the unorganized militia as may be enrolled therein by draft or as otherwise provided by law.
(b) The officers of the Hawaii state defense force shall be appointed by the governor.
(c) The governor shall prescribe by rules the qualifications for and terms of enlistment and appointment in the Hawaii state defense force. Persons so enlisted or appointed shall subscribe to such oath as may be prescribed by the governor. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-5 Uniform; rank precedence and command.

§122A-5 Uniform; rank precedence and command.
(a) The Hawaii state defense force shall be uniformed. The governor shall prescribe by rules a distinctive uniform and insignia of the Hawaii state defense force.
(b) Grades and ranks shall exist in the Hawaii state defense force and shall be the same as those prescribed by federal law and regulations to exist in the army national guard. Members of the Hawaii state defense force in the same grade shall rank among themselves in the same manner as is prescribed by federal law and regulations for members of the army national guard in like grade.
(c) The senior officer present in any organization or formation of the Hawaii state defense force shall command, unless the governor shall designate another commanding officer. When in the active service of the State, an officer of the national guard assigned to any organization or formation of the Hawaii state defense force is eligible to command that organization or formation, but an officer of the Hawaii state defense force is not eligible to command an organization or formation of the national guard. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-6 Discipline.

§122A-6 Discipline.
(a) The discipline of the Hawaii state defense force shall, to the extent practicable, conform to that of the Hawaii army national guard.
(b) When in the active service of the Hawaii state defense force, members of the Hawaii state defense force are subject to chapter 124B. Members are deemed to be in the active service of the Hawaii state defense force from the date and time specified in any order lawfully calling them into such service. [L 1987, c 35, pt of §1; am L 1988, c 135, §1; am L 2022, c 286, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-7 Discharge; dismissal.

§122A-7 Discharge; dismissal.
(a) Upon expiration of the term of service for which enlisted or appointed, a member of the Hawaii state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of term of service while employed in the active service of the Hawaii state defense force under section 122A-11.
(b) Subject to rules adopted by the governor, a member of the Hawaii state defense force may be discharged or dismissed prior to the expiration of the member's term of service for misconduct, inefficiency, personal hardship, or such other cause as the governor may prescribe.
(c) No officer shall be dismissed or discharged under conditions other than honorable, except by sentence of a court-martial or by order of the governor upon recommendation of a board of officers.
(d) Subject to rules adopted by the governor, every discharge of a member of the Hawaii state defense force shall reflect the character of the member's service. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-8 Pay and allowances.

§122A-8 Pay and allowances.
(a) When in the active service of the State, members of the Hawaii state defense force shall receive from the State the same basic pay and allowance for subsistence as prescribed by federal law and regulations for members of the army national guard, of like grade and length of service, when in the active service of the United States. Subject to rules adopted by the governor, members may be subsisted in kind in lieu of a monetary allowance therefor.
(b) Subject to rules adopted by the governor, members of the Hawaii state defense force when in the active service of the State may be quartered at the expense of the State or paid a monetary allowance in lieu thereof. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-9 Arms and equipment; facilities.

§122A-9 Arms and equipment; facilities.
(a) Subject to the availability of funds, the Hawaii state defense force shall be armed and equipped as prescribed by the governor.
(b) The governor, on such terms and conditions as may be prescribed by federal law and regulations and deemed acceptable by the governor, may accept arms, equipment, supplies, and facilities made available by the United States or any agency or instrumentality thereof for the use of the Hawaii state defense force.
(c) To the extent permitted by federal law and regulations, armories and other facilities of the national guard, and such other state facilities as may be available may be utilized for:
(1) Storage and maintenance of arms, equipment, and supplies of the Hawaii state defense force; and
(2) Assembly, drill, and instruction of its members;
provided that such use shall not interfere with use of armories or other national guard facilities by the national guard. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-10 Training.

§122A-10 Training.
(a) Each organization of the Hawaii state defense force shall assemble for training, drill, and instruction as ordered by the governor or the adjutant general.
(b) To the extent authorized and permitted by federal law and regulations, the governor or the adjutant general may:
(1) Detail officers and members of the national guard to train and instruct the Hawaii state defense force; and
(2) Provide for the attendance of members of the Hawaii state defense force at service schools and other courses of training or instruction conducted by the armed forces of the United States.
(c) When actually engaged in training, drill, or instruction prescribed by this section, a member of the Hawaii state defense force shall be deemed to be in the active service of the State. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-11 Employment.

§122A-11 Employment.
Whenever the governor determines that, because of invasion, insurrection, riot, civil disorder, unlawful combination or conspiracy, catastrophe, natural or human caused disaster, or imminent danger thereof, the public safety and order cannot be preserved or the laws cannot be enforced by the civil authorities or the national guard, or as otherwise provided by law, the governor may call the Hawaii state defense force, or such part of it as may be required, into the active service of the State for the duration of the condition which required its call. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-12 Federal service.

§122A-12 Federal service.
Nothing in this chapter shall be construed as authorizing the Hawaii state defense force or any part thereof to be called, ordered, or in any manner drafted as such into the military service of the United States; provided no person by reason of the person's enlistment or appointment in the Hawaii state defense force shall be exempted from military service under any law of the United States. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-13 Civil groups.

§122A-13 Civil groups.
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in the Hawaii state defense force as an organization or unit. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-14 Acceptance of gratuities.

§122A-14 Acceptance of gratuities.
No member of the Hawaii state defense force, by reason of membership therein, shall solicit or accept any compensation, gift, donation, gratuity, or thing of value from any source whatever except the pay and allowances provided under this chapter. Any person who violates this section shall be punished as may be directed by nonjudicial punishment or a court-martial. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-15 Immunities.

§122A-15 Immunities.
(a) No member of the Hawaii state defense force, while in the active service of the State or while going to or returning from the place where the member is required to be while performing that service, shall be arrested on any warrant except for treason or felony, or required to serve upon any jury or posse comitatus.
(b) No member of the Hawaii state defense force shall be civilly liable for any act or omission occurring while in the active service of the State if that act or omission shall have been in the line of duty and in compliance with lawful military orders. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 122A. Hawaii State Defense Force › 122A-16 Courts-martial; nonjudicial punishment.

§122A-16 Courts-martial; nonjudicial punishment.
Any limitations in chapter 124B to the contrary notwithstanding, whenever this chapter specifically authorizes an act to be punished by court-martial or nonjudicial punishment, the court-martial may be convened or nonjudicial punishment imposed and punishment administered as though the act complained of were a violation of the punitive articles of chapter 124B. [L 1987, c 35, pt of §1; am L 2022, c 286, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-1 Organization.

§123-1 Organization.
The governor may organize a naval militia to consist of not more than four divisions and to be known as the naval militia of the State of Hawaii. The naval militia shall be a portion of the organized militia of the State and shall conform to such regulation as may be prescribed by the secretary of the navy.
The governor shall appoint a commission of five to be known as the naval militia board and who shall serve without compensation for the service. Three members of the board shall consist of the commanding officer of the naval militia, one staff officer of the naval militia, and one other commissioned officer of the naval militia with the rank of lieutenant or higher. The board shall direct and audit the expenditure of all sums of money appropriated or available for the use of the naval militia. The senior commissioned officer of naval militia shall be chairperson of the board. The senior commissioned officer may call special meetings of the board when it becomes necessary or expedient by giving ten days' notice of the meeting; provided the meetings may be held at any time without such notice upon the consent of all of the members of the board. The board shall hold regular quarterly meetings at Honolulu, at the established headquarters of the board. The board shall keep a record of the proceedings, and may employ a secretary capable of attending to the technical details of the board, who shall keep a record of its meetings. It may arrange for the headquarters of the naval militia in the armory or armories in the State as the governor may designate and provide necessary stationery and furniture; provision such ship or ships as may be loaned the State by the United States, and provide suitable moorings for the same; promulgate and submit to the governor for the governor's approval such rules and regulations for the government of the naval militia as it deems for the good of the service. The rules and regulations shall govern the naval militia the same as the rules and regulations of the United States navy govern the navy of the United States. The rules and regulations to be promulgated shall conform as nearly as practicable to the articles, rules, and regulations of the United States navy. The articles, rules, and regulations of the United States navy shall govern the naval militia until otherwise ordered by the governor on the recommendation of the board. Members of the board shall hold office for four years. Three or more members of the board shall constitute a quorum for the transaction of business. [L 1915, c 151, §1; RL 1925, §271; RL 1935, §7860; RL 1945, §13080; RL 1955, §354-1; HRS §123-1; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-2 Divisions; formation of.

§123-2 Divisions; formation of.
Divisions may be formed in the discretion of the governor, on the islands of Oahu, Maui, Hawaii, and Kauai, not to exceed the maximum force of four divisions for the State. [L 1915, c 151, §2; RL 1925, §272; RL 1935, §7861; RL 1945, §13081; RL 1955, §354-2; HRS §123-2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-3 Commander in chief; powers of.

§123-3 Commander in chief; powers of.
The governor as commander in chief of the militia of the State, may prescribe the organization for the naval militia of the State, in such manner and form as to make the organization conform to the requirements for the naval militia under the laws of the United States. For that purpose the governor may alter, divide, annex, consolidate, disband, organize, or recognize the whole or any unit or part of the naval militia, so as to conform to any organization system, drill, instruction, or discipline which may be prescribed by law for the organization, government and discipline of the naval militia of the United States, and for that purpose the number of commissioned, warrant or petty officers, of any grade or rating in any organization of the naval militia, may be increased or diminished, and the designation and grade or rating of any officers may be altered to the extent necessary to secure uniformity. [L 1915, c 151, §3; RL 1925, §273; RL 1935, §7862; RL 1945, §13082; RL 1955, §354-3; HRS §123-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-4 Officers; appointment; term.

§123-4 Officers; appointment; term.
The officers of the naval militia shall be appointed by the governor and shall consist of a commander, a lieutenant commander, a surgeon and a paymaster, each with rank of lieutenant, and such other officers as may be designated by the secretary of the navy. The term of commission shall be for four years. [L 1915, c 151, §4; RL 1925, §274; RL 1935, §7863; RL 1945, §13083; RL 1955, §354-4; HRS §123-4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-5 Enlisted personnel; term of service.

§123-5 Enlisted personnel; term of service.
The term of service for enlisted personnel shall be three years for the first enlistment and two years thereafter. The requirements for enlistment and discharge shall be as prescribed by the secretary of the navy. [L 1915, c 151, §5; RL 1925, §275; RL 1935, §7864; RL 1945, §13084; RL 1955, §354-5; HRS §123-5; gen ch 1993]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-6 Vessels; instructors.

§123-6 Vessels; instructors.
The governor may apply to the navy department of the United States for the loan of a vessel or vessels for the use of the naval militia and for the detail of commissioned, warrant, or petty officers of the navy to act as inspectors or instructors. [L 1915, c 151, pt of §7; RL 1925, §277; RL 1935, §7865; RL 1945, §13085; RL 1955, §354-6; HRS §123-6]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-7 Battalions and divisions.

§123-7 Battalions and divisions.
A battalion of naval militia shall be considered the equivalent of a battalion of land militia, and a division of naval militia shall be considered the equivalent of a company of land militia and equal in the state service, and they shall be entitled to equal rights, privileges, and allowances when not inconsistent with law. [L 1915, c 151, pt of §7; RL 1925, §278; RL 1935, §7866; RL 1945, §13086; RL 1955, §354-7; HRS §123-7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 123. Naval Militia › 123-8 Pay.

§123-8 Pay.
When engaged in exercises afloat or participating in encampments for instructions ashore, and when serving on general courts-martial, officers and men shall receive the same pay as is at the time allowed by law to those holding similar positions in the United States navy. [L 1915, c 151, §8; RL 1925, §279; RL 1935, §7867; RL 1945, §13087; RL 1955, §354-8; HRS §123-8]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 125. Procurement and Control of Distribution of Necessary Commodities › 125-1 "Emergency" defined.

§125-1 "Emergency" defined.
As used in this chapter, unless otherwise indicated by the context, "emergency" means any state of affairs or circumstances which imperils the availability to the public of commodities necessary to public health, safety, or welfare or which results in any substantial interruption of commerce to or within the State. [L Sp 1949, c 21, §1; RL 1955, §357-1; HRS §125-1; am L 1973, c 195, §1]
Attorney General Opinions
Nothing in chapter authorizes the governor to provide for the succession to the offices of the governor and lieutenant governor. Att. Gen. Op. 61-87.
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 › 125. Procurement and Control of Distribution of Necessary Commodities › 125-2 Powers in an emergency.

§125-2 Powers in an emergency.
If the governor declares that an emergency as defined in section 125-1 exists, the governor or the governor's authorized representatives, to make available commodities necessary to the public health, safety, or welfare, or to insure the availability of commodities required to maintain commerce to or within the State under normal conditions, may:
(1) Whenever the availability of shipping space depends upon determination by the governor or the governor's authorized representatives, of the emergency needs of the population, allocate space to and among types of commodities and consignees, such distribution of space among consignees to be upon an equitable basis so far as reasonably practicable.
(2) Charter or affreight a ship or ships, make any other arrangements, including contracts of guaranty, for the procurement of ships and any other means of transportation, and transport cargoes to the State. Cargoes from the State may be transported on any return voyage.
(3) Purchase and resell, or otherwise distribute commodities.
(4) Control the distribution of commodities by rules and regulations promulgated pursuant to chapter 91. [L Sp 1949, c 21, §2; RL 1955, §357-2; HRS §125-2; am L 1973, c 195, §2; am L 1974, c 5, §2; gen ch 1985]
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 › 125. Procurement and Control of Distribution of Necessary Commodities › 125-3 Charges.

§125-3 Charges.
Whenever under this chapter any transportation or services are furnished or commodities sold by the State, such charges shall be made and collected therefor as will compensate the State for its expenditures in connection therewith. Any moneys realized are reappropriated for the purposes of this chapter. [L Sp 1949, c 21, §3; RL 1955, §357-3; HRS §125-3]