§125-2  Powers in an emergency.  If the governor declares that an emergency as defined in section 125-1 exists, the governor or the governor's authorized representatives, to make available commodities necessary to the public health, safety, or welfare, or to insure the availability of commodities required to maintain commerce to or within the State under normal conditions, may:

     (1)  Whenever the availability of shipping space depends upon determination by the governor or the governor's authorized representatives, of the emergency needs of the population, allocate space to and among types of commodities and consignees, such distribution of space among consignees to be upon an equitable basis so far as reasonably practicable.

     (2)  Charter or affreight a ship or ships, make any other arrangements, including contracts of guaranty, for the procurement of ships and any other means of transportation, and transport cargoes to the State. Cargoes from the State may be transported on any return voyage.

     (3)  Purchase and resell, or otherwise distribute commodities.

     (4)  Control the distribution of commodities by rules and regulations promulgated pursuant to chapter 91. [L Sp 1949, c 21, §2; RL 1955, §357-2; HRS §125-2; am L 1973, c 195, §2; am L 1974, c 5, §2; gen ch 1985]

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).