§128-1 - Policy and purposes.
§128-1 Policy and purposes. (a)
Because of the importance of the State as a strategic defense area, the
dependence of the State upon seaborne commerce for food supplies and other
commodities essential to the public health, safety, and welfare and to the
economic life of its people, the danger of shortages of such supplies and
commodities, and other emergency conditions affecting the readiness of this
community to do its part in the existing national emergency which was declared
by the President on December 16, 1950, and the possibility of disasters or
emergencies of great destructiveness resulting from enemy attack, sabotage, or
other hostile action, therefore in order to insure that preparations of this
State and the government provided for this State will be adequate to deal with
disasters or emergencies, to make adequate provision against such shortages, to
maintain the strength, resources, and economic life of the community and
provide for prompt and effective action, as the circumstances develop and in
cooperation with the federal government, to further and promote the national
defense and civil defense and to protect the public health, safety, and
welfare, the provisions of this chapter are hereby found and declared to be
necessary.
(b) It is further declared to be a purpose of
this chapter and a policy of the State that all civil defense functions of this
State be coordinated to the maximum extent with the comparable functions of the
federal government including its various departments and agencies, with those
of other states and localities, and with those of private agencies of every
type, to the end that the most effective preparation and use may be made of all
personnel, resources, and facilities for dealing with any disaster that may
occur. It further is the intent of the legislature that all other emergency
functions be coordinated to the maximum extent with the comparable functions of
the federal government, its departments and agencies.
(c) It is declared to be the intent of the
legislature to provide for and confer comprehensive powers for the purposes
stated. This chapter shall be liberally construed to effectuate its purposes,
provided that this chapter shall not be construed as conferring any power or
permitting any action which is inconsistent with the Constitution and laws of
the United States, but, in so construing this chapter, due consideration shall
be given to the circumstances as they exist from time to time. This chapter
shall not be deemed to have been amended by an act hereafter enacted at the
same or any other session of the legislature, unless this chapter is amended by
express reference hereto. [L 1951, c 268, pt of §2; RL 1955, §359-1; HRS
§128-1; gen ch 1993]
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.