§128-7  Civil defense emergency period. The term "civil defense emergency period" includes (1) a period ofcivil defense emergency proclaimed pursuant to the Federal Civil Defense Act of1950, or (2) the period of the existence of a state of civil defense emergencyin the State hereby authorized to be proclaimed by the governor if the governorfinds that an attack upon the State has occurred or that there is danger orthreat thereof, or that there has arisen any state of affairs or circumstancesof such a grave nature as to affect the common defense or the readiness of thecommunity to meet an attack, and which requires the invocation of provisions ofthis chapter that are effective only during a period of civil defenseemergency.  The governor shall be the sole judge of the existence of thedanger, threat, state of affairs, or circumstances.  A period of civil defenseemergency proclaimed pursuant to the Federal Civil Defense Act of 1950 shallterminate as therein provided, and a period of civil defense emergencyproclaimed by the governor shall terminate upon proclamation by the governor.[L 1951, c 268, pt of §2; RL 1955, §359-7; HRS §128-7; gen ch 1985]

 

Case Notes

 

  Effect ofproclamation.  6 H. App. 582, 733 P.2d 1224.