§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.
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