§128-10  Other powers.  The governorfurther, irrespective of the existence of a civil defense emergency period,may:

(1)  Cooperate with the President and the heads of thearmed forces, and the civil defense agency of the United States, and with theofficers and agencies of other states in matters pertaining to the civildefense of the State and nation and the incidents thereof, and take anymeasures which the governor may consider proper to carry into effect anyrequest of the President or the appropriate federal officers and agencies, forany action looking to civil defense;

(2)  Lease, lend, or otherwise furnish, on such termsand conditions as the governor may consider necessary to promote the publicwelfare and protect the interest of the State, any real or personal property ofthe state government or its political subdivisions, to the President, the headsof the armed forces, or to the civil defense agency of the United States;

(3)  On behalf of the State enter into mutual aidagreements or compacts with the federal government and with other states.  Theagreements or compacts shall be limited to civil defense.  It may be providedin an interstate compact, and the governor with the advice and consent of thepolitical subdivisions included within the scope of the compact, may agree onbehalf of the State that:

(A)  Each party state shall extend to the civildefense forces of any other party state, while operating within its statelimits under the terms and conditions of the compact, the same powers (exceptthat of arrest unless specifically authorized by the receiving state), duties,rights, privileges, and immunities as if they were performing their duties inthe state in which normally employed or rendering services;

(B)  Whenever any person holds a license,certificate, or other permit issued by any state evidencing the meeting ofqualifications for professional, mechanical, or other skills, the person mayrender aid involving this skill in any party state to meet an emergency ordisaster and the state shall give due recognition to such license, certificate,or other permit as if issued in the state in which aid is rendered;

(C)  No party state or its officers oremployees rendering aid in another state pursuant to the compact shall beliable on account of any act or omission on the part of the forces while soengaged, or on account of the maintenance or use of any materials, equipment,goods, or facilities in connection therewith;

(D)  As an alternative to paragraph (C), suchother or modified form of immunity as the governor may find acceptable;

(E)  Each party state shall provide for thepayment of compensation and death benefits to injured members of the civildefense forces of that state and the representatives of deceased members of theforces in case the members sustain injuries or are killed while rendering aidpursuant to the compact, in the same manner and on the same terms as if theinjury or death were sustained within the state;

(F)  Any party state rendering aid in anotherstate pursuant to the compact shall be reimbursed by the party state receivingaid, or by the United States government under plans approved by it, for anyloss or damage to, or expense incurred in the operation of any equipmentanswering a request for aid, and for all costs incurred in connection withrequests for aid; provided that this paragraph shall not be deemed to precludethe State, if it is the aiding state, from assuming in whole or in part theloss, damage, expense, or other cost, or from loaning the equipment or donatingthe services to the receiving party state without charge or cost;

(G)  Any party state receiving evacuees shallbe reimbursed generally for the out-of-pocket expenses incurred in receivingand caring for the evacuees, for expenditures for transportation, food,clothing, medicines, and medical care, and like items; the expenditures shallbe reimbursed by the party state of which the evacuees are residents, or by theUnited States government under plans approved by it; and

(H)  In the event of an evacuation, the partystate of which the evacuees are residents shall, after the termination of theemergency or disaster, assume the responsibility for the ultimate support orrepatriation of the evacuees;

(4)  Sponsor and develop mutual aid plans and agreementsfor civil defense between the political subdivisions of the State and betweenone or more political subdivisions and other public or private agencies, forthe furnishing or exchange of food, clothing, medicine, and other materials;engineering services, emergency housing; police services; health, medical, andrelated services; fire fighting, rescue, transportation, and constructionservices and facilities; personnel necessary to provide or conduct theseservices; and such other materials, facilities, personnel, and services as maybe needed.  The mutual aid plans and agreements may be made with or withoutprovisions for reimbursement of costs and expenses, and on such terms andconditions as are deemed necessary;

(5)  Order and direct government agencies, officers,and employees, state or local, to take such action and employ such measures forlaw enforcement, medical, health, fire fighting, traffic control, warnings, andsignals, engineering, rescue, construction, emergency housing, and other welfare,hospitalization, transportation, water supply, public information, training,and other civil defense and emergency functions as may be necessary, andutilize the services, materials, and facilities of the agencies and officers. All such agencies and officers shall cooperate with and extend their services,materials, and facilities to the governor as the governor may request;

(6)  Take possession of, use, manage, control, andreallocate any public property, state or county, real or personal, required bythe governor for the purposes of this chapter, including, without limitation,airports, parks, playgrounds, and schools, and other public buildings. Whenever the property is so taken the governor shall have power to make suchprovision for the temporary accommodation of the government service affectedthereby as the governor may deem advisable.  Like provisions may be made at anytime whenever it is necessary to relocate any government service because of anyemergency condition;

(7)  Utilize all services, materials, and facilitiesof nongovernmental agencies, relief organizations, community associations, andother civil groups and private agencies that may be made available;

(8)  Receive, expend, or use contributions or grantsin money, property, or services, or loans of property, or special contributionsor grants in money, property, or services, or loans of property, for specialpurposes provided for by this chapter; establish funds in the treasury for thedeposit and expenditure of the moneys; procure federal aid as the same may beavailable, and apply the provisions of chapter 29 in cases of federal aid eventhough not in the form of money.  The contributions or grants are appropriatedfor the purposes of this chapter, or for the special purposes;

(9)  Provide for the repair and maintenance of publicproperty, whenever adequate provision therefor is not otherwise made; insurethe property against any war risk, including without limitation damage or lossresulting from or arising out of an attack or action in resisting or combatingan attack or apparent attack; provide for the restoration, renovation,replacement, or reconstruction of insured property in the event of damage orloss, and make temporary restoration of public utilities and other vital facilitiesin the event of an attack or other disaster;

(10)  Purchase, make, produce, construct, rent, lease,or procure by condemnation or otherwise, transport, store, install, maintain,and insure, repair, renovate, restore, replace, or reconstruct, and distribute,furnish, or otherwise dispose of, with or without charges therefor, materialsand facilities for civil defense and other emergency functions; procure federalaid therefor whenever feasible; and take any measures which may, in thegovernor's opinion, secure, stimulate, or increase similar activities byprivate or public persons or organizations.  Chapter 103D, sections 103-50,103-50.5, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to anycivil defense or other emergency functions if and to the extent that thegovernor finds that the provisions, in whole or in part, impede or tend toimpede the expeditious discharge of the functions, or that compliance therewithis impracticable due to existing conditions.  In cases of extreme urgency duringa civil defense emergency period the governor may suspend the penal provisionsof sections 46-45 and 103-9, except those provisions that concernfalsification;

(11)  Appoint, employ, train, equip, and maintain, withcompensation, or on a volunteer basis without compensation and without regardto chapters 76, 78, and 88, such agencies, officers, and other persons as thegovernor deems necessary to carry out this chapter; determine to what extentany law prohibiting the holding of more than one office or employment appliesto the agencies, officers, and other persons; and subject to section 128-15,provide for and effect the interchange of personnel, by detail, transfer, orotherwise, between the State and any political subdivision, or among anyagencies or departments of the State;

(12)  Make charges in such cases and in such amounts asthe governor deems advisable, for any property sold, work performed, servicesrendered, or accommodations or facilities furnished by the government underthis chapter; and make charges for licenses or permits to cover administrativeexpense connected therewith;

(13)  Make such contracts as may be necessary to carryout this chapter;

(14)  Establish special accounting forms and practiceswhenever necessary; and

(15)  Take any and all steps necessary or appropriateto carry out the purposes of this chapter and to provide for civil defense andother emergency functions.

The powers and authority conferred upon the governorby this chapter are in addition to any other powers or authority conferred uponthe governor by the laws of the United States and of the State for the same ora like purpose, and shall not be construed as abrogating, limiting, ormodifying any such powers, or authority. [L 1951, c 268, pt of §2; RL 1955,§359-10; HRS §128-10; gen ch 1985; am L Sp 1993, c 8, §15; am L 1994, c 186,§18; am L 1999, c 149, §24; am L 2002, c 148, §15]

 

Note

 

  Section 103-50.5referred to in text is repealed.