Title 10, Public Safety And Internal Security

§121-1 Militia. The militia of the State shall consist of every resident able-bodied citizen of the United States who is seventeen years old or older and under forty-six years of age and all other able-bodied residents of that age who have declared their intention to become citiz…

§121-10 Administration. The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearl…

[§121-10.5] Prisoner of war and missing in action designations. The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel. [L 2010, c 88, §1]

§121-11 Deputy adjutant general. The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant gen…

§121-12 Staff for military components, organization. (a) The headquarters staff of the national guard shall be composed of the army national guard component, which shall include a selective service section, and the air national guard component. The headquarters shall be staffed b…

§121-13 Commissioned by commander in chief. All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may refuse to issue a commission to any person, if in the commander in chief's opinion, the person is…

§121-14 Officers and warrant officers; qualifications, appointment, tenure. Commissioned officers and warrant officers shall be citizens of the United States and shall be at least twenty-one years of age or such lower age as may be authorized for appointment as reserve officers o…

§121-15 Commissioned and warrant officers; transfer to inactive list, retirement, separation. Officers may be transferred to the inactive or retired lists, or separated from the service as follows:

§121-16 Examination of officers and warrant officers. Every officer and warrant officer of the army or air national guard, except those for whom federal recognition is not required shall, upon the officer's or warrant officer's appointment to an office and assignment to a unit, u…

§121-17 Resignations. Resignations of officers and warrant officers shall be in writing addressed to the adjutant general and shall state the reasons for the resignation. Resignations shall be transmitted through immediate commanding officers, who shall make indorsements thereon,…

§121-18 Retired list. Officers shall be placed on the retired list in the grade held at the time of retirement and may if promoted by the commander in chief be placed on such list in the next higher grade. Retired officers shall only be placed on active duty by order of the comma…

§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 …

§121-2 Exemptions. The following are exempt from military duty: all persons exempted from military duty under the laws of the United States, all judges of the several courts, and the members of the legislature. [L 1967, c 196, pt of §1; HRS §121-2]

§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…

§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]

§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 …

§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 makin…

§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 ch…

§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 or…

§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 ser…

§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 th…

§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 pa…

§121-29 Active service. Active service is active duty, any other 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 o…

§121-3 Government employees. In case of a state of war, insurrection, rebellion, or of resistance to the execution of the laws of the United States, or of the State, proclaimed by the President or by the governor as appropriate, all employees of the State and political subdivisio…

§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 r…

§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, publi…

§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 whoeve…

§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 …

§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 m…

§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, an…

§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 S…

§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 n…

§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 off…

§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 in the service of the State shall receive the pay and allowances of officers and warrant officers of similar grades of the Unite…

§121-4 Composition. The Hawaii national guard shall consist of the army national guard, the air national guard, the inactive national guard, and other organizations and units authorized by the laws of the United States or the regulations issued thereunder for the national guard w…

§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 a…

§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…

[§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 …

[§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 …

§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…

§121-5 Command. The governor shall be the commander in chief of the forces comprising the militia. The governor is authorized to promulgate such rules, regulations, and forms therefor as are not inconsistent with law, and to carry into full effect the law relative thereto. The pr…

§121-6 Organization and reorganization of units. The governor may organize, alter, divide, annex, consolidate, and reorganize the army and air national guard into divisions, brigades, regimental combat teams, regiments, battle groups, battalions, squadrons, batteries, companies, …

§121-7 Adjutant general; appointment. (a) The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State. The adjutant general shall be appointed and be subject to removal as set forth in section 26-31. The adjutan…

§121-8 Adjutant general; rank, salary. The adjutant general shall have the grade of a general officer. The salary of the adjutant general shall be subject to section 26-52. [L 1967, c 196, pt of §1; HRS §121-8; am L 1982, c 129, §6]

§121-9 Adjutant general; duties. The adjutant general shall perform such duties as are prescribed by law and such other military duties consistent with the regulations and customs of the armed forces of the United States as required by the governor. The adjutant general shall sup…

§122A-1 Short title. This chapter shall be known and may be cited as the Hawaii State Defense Force Act. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]

§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 adjuta…

§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 t…

§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 perso…

§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…