§127A-14  State of emergency.  (a)  The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the State.

     (b)  A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the county.

     (c)  The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration, an extension, or a termination of a state of emergency in the State or a local state of emergency in the county, as applicable.  This section shall not limit the power and authority of the governor under section 127A-13(a)(5).

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor. [L 2014, c 111, pt of §2; am L 2019, c 214, §5; am L 2024, c 206, §3]

Law Journals and Reviews

  Hoist the Yellow Flag and Spam^® Up:  The Separation of Powers Limitation on Hawai`i's Emergency Authority.  43 UH L. Rev. 71 (2020).