Title 10, Public Safety And Internal Security

§127A-12 Emergency management powers, in general. (a) The governor or mayor, as applicable, may exercise the following powers pertaining to emergency management: (b) The governor may exercise the following powers pertaining to emergency management: (c) The mayor may exercise the …

§127A-13 Additional powers in an emergency period. (a) In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period: (b) In the e…

§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 a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion …

[§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 bri…

§127A-16 Major disaster fund. [Repeal and reenactment on July 1, 2026. L 2024, c 10, §17.] (a) The administrator shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the di…

[§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: (b) Moneys in the resilient Hawaii revolving loan fund shall be used to provide low- or no-interest loans to …

[§127A-17] Allotments. (a) There shall be available for allotment by the governor under this chapter: (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…

§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 gove…

[§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: (b) Moneys in the hazard mitigation special fund shall be used for personnel costs and operating and administrative costs…

§127A-19 Shelters. (a) The agency may establish guidelines for providing suitable arrangements and accommodations for the sheltering of the public and the sheltering of pet animals in public shelters under this chapter. (b) County emergency management agencies shall be responsibl…

§127A-2 Definitions. When used in this chapter, unless the context otherwise requires: "Administrator" means the administrator of the Hawaii emergency management agency established by section 127A-3. "Agency" means the Hawaii emergency management agency established by section 127…

[§127A-20] Immunity from liability of private shelter. (a) Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal …

[§127A-21] Notice of requisition. (a) The governor or mayor may requisition and take over any materials, facilities, or real property or improvements, required for the purposes of this chapter, or requisition and take over the temporary use thereof. The requisition shall be made …

[§127A-22] Determination of compensation. (a) Whenever the governor or mayor requisitions and takes over any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid as compensation for the property or use, such sum as the governor or mayo…

[§127A-23] Determination of damages. The governor or mayor, as applicable, shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisit…

[§127A-24] Investigations and surveys. (a) The governor or mayor, as applicable, 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 or filing of s…

[§127A-25] Rules and orders. (a) For the purpose of carrying out any provision of this chapter, the governor may adopt rules for the State and the mayor may adopt rules for the county which may, if so stated in the rules, have the force and effect of law. Even though the rules ar…

[§127A-26] Forfeitures. The forfeiture of any property unlawfully possessed, pursuant to section 127A-12(b), may be adjudged upon conviction of the offender found to be unlawfully in possession of the same, where no person other than the offender is entitled to notice and hearing…

[§127A-27] Preliminary or interlocutory injunctions and temporary restraining orders. Notwithstanding any other law to the contrary, no preliminary or interlocutory injunction, or temporary restraining order, suspending, enjoining, or restraining the enforcement, operation, or ex…

[§127A-28] Enforcement of injunction proceedings; interventions. (a) Whenever in the opinion of the governor or mayor, as applicable, any person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this chapt…

§127A-29 Emergency period infractions, violations, petty misdemeanors, and misdemeanors. (a) Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designate…

§127A-3 Hawaii emergency management agency. (a) There is established within the department of defense the Hawaii emergency management agency. The adjutant general shall serve as the director of Hawaii emergency management and, subject to the direction and control of the governor,…

§127A-30 Rental or sale of essential commodities during a state of emergency; prohibition against price increases. (a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or…

[§127A-30.5] Charitable fraud during a state of emergency. (a) A person commits the offense of charitable fraud during a state of emergency if, during a state of emergency declared by the governor under section 127A-14(a), the person intentionally, knowingly, or recklessly perfor…

[§127A-31] Penalties prescribed by this chapter additional to other penalties. If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in this chapter and for the violation of the ot…

[§127A-32] Effect of this chapter on other laws. All laws inconsistent with the provisions of this chapter, or of any rule issued under the authority of this chapter, shall be suspended during the period of time and to the extent that the emergency or disaster exists, and may be,…

[§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 conse…

§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 manag…

§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: wh…

[§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 t…

[§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 s…

[§127A-9] Immunities; rights. (a) None of the following: 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 …

[§127D-1] Short title. This chapter shall be known and may be cited as the Intrastate Mutual Aid Act. [L 2022, c 95, pt of §2]

[§127D-10] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or applicatio…

[§127D-2] Definitions. For the purposes of this chapter, unless the context otherwise requires: "Agency" means the Hawaii emergency management agency. "Assistance" means emergency responders and resources provided by a responding member county in response to a request from a requ…

[§127D-3] Intrastate mutual aid system; established. (a) The intrastate mutual aid system is established to provide for mutual assistance, during an emergency, among counties that choose to participate as member counties. Each county shall be considered a member county unless the…

[§127D-4] Responsibilities of member counties. It shall be the responsibility of each member county to:

[§127D-5] Requesting assistance. A member county may request assistance from other member counties under the intrastate mutual aid system for response, mitigation, or recovery activities related to an emergency, or to participate in drills or exercises in preparation for an emerg…

[§127D-6] Qualifications of emergency responders for the purposes of the requesting member county. An emergency responder holding a license, certificate, or other permit evidencing qualification in a professional, mechanical, or other skill, issued by the State or a county, shall…

[§127D-7] Emergency responder status and rights. (a) An emergency responder shall not be considered an employee of the requesting member county and shall not be entitled to any right, privilege, or benefit of employment from the requesting member county, including but not limited…

[§127D-8] Reimbursement for assistance provided. (a) A requesting member county shall reimburse a responding member county for the true and full value of all assistance provided under this chapter; provided that a responding member county may donate assistance provided under this…

[§127D-9] Immunity of emergency responders. For purposes of tort liability or immunity, an emergency responder of a responding member county shall be considered an agent of the requesting member county. Except in cases of wilful misconduct, gross negligence, or recklessness, no e…

[§127F-1] Name. This chapter may be cited as the Emergency Management Assistance Compact. [L 2022, c 101, pt of §1]

[§127F-2] Terms and provisions of compact. The legislature hereby authorizes the governor to enter into a compact on behalf of the State of Hawaii with any other state legally joining therein, in the form substantially as follows: Emergency Management Assistance Compact Article I…

PART I. GENERAL PROVISIONS [§128A-1] Policy and purpose. The legislature finds that because of the existing and increasing possibility of the occurrence of terrorist attacks of unprecedented size and destructiveness, in order to ensure that the State will be adequately prepared t…

[PART II.] STATEWIDE PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS [§128A-11] Definitions. As used in this part, "interoperable communications" means the ability of first responder and emergency management agencies to communicate with one another via communication systems, including…