§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 reasonable apprehension thereof; or for assistance to civil authorities in disaster relief or emergency management, the governor may order the national guard or other component of the militia or any part thereof into active service. The governor or the governor's designated representative may also order the national guard into active service:
(1) In nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28;
(2) To provide support to other states in response to a request for assistance under the Emergency Management Assistance Compact under chapter 128F; and
(3) To detect, prevent, prepare for, investigate, respond to, or recover from any of the events for which an order to active service may be made. [L 1967, c 196, pt of §1; HRS §121-30; am L 1983, c 70, §1; am L 2014, c 111, §6]
Attorney General Opinions
Pursuant to Uniformed Services Employment and Reemployment Rights Act of 1994, as well as state law, it appeared that Hawaii police department was precluded from refusing request by an employee for military leave if the employee had been so ordered to duty. Att. Gen. Op. 97-7.
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
121-6 Organization and reorganization of units.
121-7 Adjutant general; appointment.
121-8 Adjutant general; rank, salary.
121-9 Adjutant general; duties.
121-10.5 Prisoner of war and missing in action designations.
121-11 Deputy adjutant general.
121-12 Staff for military components, organization.
121-13 Commissioned by commander in chief.
121-14 Officers and warrant officers; qualifications, appointment, tenure.
121-15 Commissioned and warrant officers; transfer to inactive list, retirement, separation.
121-16 Examination of officers and warrant officers.
121-19 Regulations governing armories, etc.
121-22 Warrants of noncommissioned officers.
121-24 Oaths and affirmations; false swearing; perjury.
121-25 Exemption from arrest and service.
121-26 Relief from civil or criminal liability.
121-27 Dishonorable discharge, effect.
121-28 Report for service, drills, and exercises.
121-30 Order to active service.
121-31 Hawaii Code of Military Justice to apply.
121-33 Interference by civilian, penalty.
121-34 Right-of-way on street, violation, and penalty.
121-34.5 Use of electric guns.
121-36 Responsibility for property.
121-37 Failure to return arms, etc.
121-38 Wearing of uniform for private purposes.
121-39 Pay of officers and warrant officers while on active duty.
121-40 Pay of enlisted personnel while on active duty.
121-43 Nonforfeiture for absence.
121-44 Youth challenge program.
121-45 Tuition assistance for Hawaii national guard personnel to attend the University of Hawaii.