§128-5  Powers on whom conferred; delegation
of powers.  Except as otherwise expressly provided, all of the powers
conferred by this chapter are conferred on the governor, who may delegate to
agencies, officers, employees, and other persons, or any of them, created,
appointed, or employed under, or engaged in carrying out this chapter, or to
any government agency, officer, or employee, state or otherwise, or provide for
the subdelegation of, any of the powers, except the power (1) to proclaim a
civil defense emergency period or to proclaim the period terminated, or to make
any other proclamation provided for by this chapter, (2) to prescribe rules or
regulations having the force and effect of law, and (3) to make allotments of
funds appropriated or available for the purposes of this chapter.  Unless
otherwise directed by the governor, all of the powers pertaining to civil
defense, hereby authorized to be delegated by the governor, shall be deemed to
have been delegated by the governor to the director of civil defense, with the
further authority to subdelegate the powers to any agency or person to whom the
governor could delegate these powers. [L 1951, c 268, pt of §2; RL 1955,
§359-5; HRS §128-5; gen ch 1985]



 



Attorney General Opinions



 



  Governor may not issue
standing instruction that would automatically declare a state of emergency in
case of military attack.  Att. Gen. Op. 61-87.