Terms Used In Hawaii Revised Statutes Chapter 183 - Forest Reserves, Water Development, Zoning

• Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living facility: means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 321-15.1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 183-1
• Board: means the board of physical therapy. See Hawaii Revised Statutes 461J-1
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-221
• Case management services: means services that assist medically fragile children under the medicaid state plan in gaining access to needed medical, social, educational, and other services. See Hawaii Revised Statutes 321-431
• CBRNE event: means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill or sicken people, animals, or plants. See Hawaii Revised Statutes 321-441
• Certificate of approval: means the certificate issued by the department or its designee that authorizes a person, agency, or organization to operate a community care foster family home. See Hawaii Revised Statutes 321-481
• Client: means any person who receives home and community-based case management services to reside in a community care foster family home, expanded adult residential care home, or assisted living facility. See Hawaii Revised Statutes 321-481
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• concession: as used in this chapter means the grant to a person of the privilege to:
  (1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;
  (2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and
  (3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. See Hawaii Revised Statutes 102-1
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means contracts for construction under chapter 103D. See Hawaii Revised Statutes 103B-1
• contractor: includes a subcontractor where applicable. See Hawaii Revised Statutes 103B-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183-1
• Department: means the department of health. See Hawaii Revised Statutes 321-441
• Department: means the department of health. See Hawaii Revised Statutes 321-471
• Department: means the department of health. See Hawaii Revised Statutes 321-481
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-221
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
• Dependent: A person dependent for support upon another.
• Designee: means a person, institution, organization, or agency authorized by the department to issue certificates of approval to community care foster family homes and to monitor these homes for certificate compliance and quality assurance. See Hawaii Revised Statutes 321-481
• Devise: To gift property by will.
• Director: means the director of health. See Hawaii Revised Statutes 321-441
• Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-471
• Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Hawaii Revised Statutes 414-3
• Domestic violence: means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members. See Hawaii Revised Statutes 321-471
• Domestic violence fatality review information: means information regarding a victim, including but not limited to:

  (1) Social, medical, and legal history;

  (2) Death and birth certificates;

  (3) Law enforcement investigative information and data;

  (4) Medical examiner or coroner investigative information and data;

  (5) Parole and probation information and records;

  (6) Information and records of social services agencies;

  (7) Educational records; and

  (8) Health care institution information. See Hawaii Revised Statutes 321-471

• Domestic violence fatality review team: means those individuals appointed by the director to review domestic violence fatalities. See Hawaii Revised Statutes 321-471
• Early childhood education and care facility: means any property used primarily for the care and instruction of children from birth to age five; provided that it shall not include any property to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property used primarily in connection with any part of a program of a school or department of divinity of any religious denomination. See Hawaii Revised Statutes 39A-221
• Educational institution: means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities. See Hawaii Revised Statutes 461J-1
• Emergency response stockpile: means a strategic supply of drugs, vaccines and other biological products, medical devices, and related supplies maintained by the department to protect or treat the population of the State in the event of a CBRNE event. See Hawaii Revised Statutes 321-441
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expanded adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility. See Hawaii Revised Statutes 321-15.1
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
• forest reserve easement: as used in this part means and includes the right to the possession and control of land for the purposes of protecting and promoting forest growth thereon and of protecting the surface and underground waters from pollution or contamination, including, without limitation to the generality of the foregoing, the right to exclude the owner in fee (except as hereinafter provided) and all others from the land; provided that the term shall not include any water right, nor shall it authorize the department to deprive the fee simple owner or the owner's lessee of the right to enter upon the owner's land for the purpose of taking, developing, or storing water, or for any other purpose incidental to the full use and enjoyment of the owner's water rights, or of any other rights in the land, provided reasonable means be taken to prevent undue destruction of forest cover and pollution or contamination of water by such activity. See Hawaii Revised Statutes 183-32
• Fraud: Intentional deception resulting in injury to another.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• home: means a home that:

  (1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

  (2) Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, at least one of whom shall be a medicaid recipient, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; provided that:

  (A) The department, in its discretion, may certify a home for a third adult who is at the nursing facility level of care and is a medicaid recipient; provided further that:

  (i) The home has been certified and in operation for not less than one year;

  (ii) The primary caregiver is a certified nurse aide, as defined in section 457A-1. See Hawaii Revised Statutes 321-481

• Home and community-based case management agency: means any person, agency, or organization licensed by the department to provide, coordinate, and monitor comprehensive services to meet the needs of clients whom the agency serves in a community care foster family home or any medicaid clients in an expanded adult residential care home, or an assisted living facility. See Hawaii Revised Statutes 321-481
• Individual: means a natural person. See Hawaii Revised Statutes 414-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means an approval issued by the department or its authorized agents for a person, agency, or organization to operate as a home and community-based case management agency. See Hawaii Revised Statutes 321-481
• License: means a pilot's license issued pursuant to this chapter. See Hawaii Revised Statutes 462A-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medically fragile children: means children under the age of twenty-one with complex medical conditions that may or may not require technological interventions, including but not limited to ventilator care, tracheostomy care, catheterizations, parenteral nutrition, complex enteral feeding, and complex wound care. See Hawaii Revised Statutes 321-431
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Pilot: means a state pilot licensed pursuant to this chapter as a port pilot or a deputy port pilot. See Hawaii Revised Statutes 462A-1
• Practice of physical therapy: includes , but is not limited to, the use of the following:

  (1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;

  (2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;

  (3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments. See Hawaii Revised Statutes 461J-1

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
• Project: means any energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
• Project agreement: means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-191
• Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of such bonds to assist not-for-profit corporations that provide early childhood education and care facilities that serve the general public, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-221
• Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191
• Project party: means a not-for-profit corporation that provides an early childhood education and care facility that serves the general public. See Hawaii Revised Statutes 39A-221
• refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes an early childhood education and care facility or consolidation of such indebtedness with indebtedness of the State incurred for an early childhood education and care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-221
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-3
• Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 462A-1
• Victim: means an adult whose death is suspected of having been caused by domestic violence or domestic violence-related suicide. See Hawaii Revised Statutes 321-471
• watershed: as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained. See Hawaii Revised Statutes 183-31