Sections
Part I General Provisions 235-1 – 235-20.5
Part II Uniform Division of Income for Tax Purposes 235-21 – 235-39
Part III Individual Income Tax 235-51 – 235-69
Part IV Corporation Income Tax 235-71 – 235-72
Part V Election by Small Business Corporation 235-81
Part VI Returns and Payments; Administration 235-91 – 235-119
Part VII Hawaii S Corporation Income Tax Act 235-121 – 235-130

Terms Used In Hawaii Revised Statutes > Chapter 235 - Income Tax Law

  • Acceptance: means a formal determination that the document required to be filed pursuant to § 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. See Hawaii Revised Statutes 343-2
  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
  • Acquisition agent: means any person, other than a developer or sales agent, who, for compensation, solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer; provided that this term shall not include individuals who perform the stated activities and are employed by or in contract with:

         (1)  A real estate broker who is licensed under chapter 467; or

         (2)  An acquisition agent registered pursuant to § 514E-10. See Hawaii Revised Statutes 514E-1

  • Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
  • Activities of daily living: means the following activities that individuals perform as a part of daily living:  eating, dressing, bathing, toileting, transferring in and out of a bed or chair, and walking. See Hawaii Revised Statutes 349-16
  • Activities of daily living: means at least bathing, continence, dressing, eating, toileting, and transferring. See Hawaii Revised Statutes 346C-1
  • Activity or use limitations: means restrictions or obligations created under this chapter with respect to real property. See Hawaii Revised Statutes 508C-2
  • Adult day care: means personal care for dependent elders in a supervised, protective, and congregate setting during some portion of a day. See Hawaii Revised Statutes 349-16
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any department, office or board or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 340A-1
  • Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
  • Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
  • Aging and disability resource centers: means an entity established by the State as part of the state system of long-term care serving as a highly visible and trusted source where people of all incomes and ages can obtain information on the full range of long-term support options and a single point of entry for access to public long-term support programs and benefits. See Hawaii Revised Statutes 349-31
  • Agricultural solid waste: means the solid waste that results from the rearing of animals and the harvesting of crops. See Hawaii Revised Statutes 340A-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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
  • Appraisal: A determination of property value.
  • Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
  • Area agency on aging: means an agency designated by the executive office on aging to develop and administer the area plan for a comprehensive and coordinated system of aging services. See Hawaii Revised Statutes 349-16
  • Area agency on aging: means the agency in each county designated by the executive office on aging, under § 305(a)(2)(A) of the Older Americans Act, P. See Hawaii Revised Statutes 349-31
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisted transportation: means assistance and transportation, including escort, for a person who has cognitive or physical difficulties using regular vehicular transportation. See Hawaii Revised Statutes 349-16
  • Association: means the time share owners association. See Hawaii Revised Statutes 514E-1
  • Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340B-1
  • Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
  • Attendant care: means standby assistance, supervision, or cues, including verbal prompts for medication, bathing, eating, grooming, and dressing, and may also include other activities to help maintain the independence of an individual at home. See Hawaii Revised Statutes 349-16
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequest: Property gifted by will.
  • Blanket lien: means any mortgage, deed of trust, option to purchase, master lease, vendor's lien or interest under a contract or agreement of sale, or any other lien or encumbrance that (i) affects more than one time share interest either directly or by reason of affecting an entire time share unit or the property upon which the time share unit to be used by the purchasers is located, and (ii) secures or evidences the obligation to pay money or to sell or convey the property and that authorizes, permits, or requires the foreclosure and sale or other defeasance of the property affected; provided that for the purpose of this chapter, the following shall not be considered blanket liens:

         (1)  The lien of current real property taxes;

         (2)  Taxes and assessments levied by public authority and that are not yet due and payable;

         (3)  A lien for common expenses under chapter 514B or a lien on an individual time share unit for similar expenses in favor of a homeowners or community association;

         (4)  An apartment lease or condominium conveyance document conveying or demising a single condominium unit or a lease of a single cooperative apartment; and

         (5)  Any lien for costs or trustee's fees charged by a trustee holding title to time share units pursuant to a trust created under § 514E-19; provided that the costs or trustee's fees are not yet due and payable. See Hawaii Revised Statutes 514E-1

  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • Board: means the board of nursing. See Hawaii Revised Statutes 334D-2
  • Board: means the board of certification established by § 340B-4. See Hawaii Revised Statutes 340B-1
  • Board: means the board of certification established by § 340F-4. See Hawaii Revised Statutes 340F-1
  • Board of trustees: means the board of trustees charged with the general administration of this program under § 346C-3. See Hawaii Revised Statutes 346C-1
  • Business income: means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. See Hawaii Revised Statutes 235-21
  • C corporation: means a corporation which is not an S corporation. See Hawaii Revised Statutes 235-121
  • Care coordination: means a person-centered, assessment-based, interdisciplinary approach to integrating health care and social support services that are tailored to an individual's needs and goals across all care services. See Hawaii Revised Statutes 349-16
  • Care recipient: means an individual who:

         (1)  Is a citizen of the United States or a qualified alien; provided that for the purposes of this paragraph, "qualified alien" means a lawfully admitted permanent resident under the Immigration and Nationality Act;

         (2)  Is sixty years of age or older;

         (3)  Is not covered by any comparable government or private home- and community-based care service, except or excluding kupuna care services;

         (4)  Does not reside in a long-term care facility, such as an intermediate care facility, assisted living facility, skilled nursing facility, hospital, adult foster home, community care foster family home, adult residential care home, expanded adult residential care home, or developmental disabilities domiciliary home; and

         (5)  Has impairments of at least:

              (A)  Two activities of daily living;

              (B)  Two instrumental activities of daily living;

              (C)  One activity of daily living and one instrumental activity of daily living; or

              (D)  Substantive cognitive impairment requiring substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another person. See Hawaii Revised Statutes 349-16

  • Caregiver: means a spouse, adult child, other relative, partner, or friend who has a personal relationship with and provides a broad range of unpaid assistance for an older adult having a chronic or disabling condition. See Hawaii Revised Statutes 349-16
  • Case management: means assistance either in the form of access or care coordination in circumstances where an individual is experiencing diminished functioning capacities, personal conditions, or other characteristics that require the provision of services by formal service providers, caregivers, or employed caregivers. See Hawaii Revised Statutes 349-16
  • Case management services: means services to persons with developmental or intellectual disabilities that assist them in gaining access to needed social, medical, legal, educational, and other services, and includes:

         (1)  Follow-along services which assure, through a continuing relationship between an agency or provider and a person with a developmental or intellectual disability and the person's parent, if the person is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the person and the family are recognized and appropriately met. See Hawaii Revised Statutes 333F-1

  • CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
  • Chemically dependent: means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both. See Hawaii Revised Statutes 334D-2
  • Child: means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child. See Hawaii Revised Statutes 351-2
  • Chore: means assistance such as heavy housework, yard work, or sidewalk maintenance for a person. See Hawaii Revised Statutes 349-16
  • Collector: means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations. See Hawaii Revised Statutes 340A-1
  • Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Hawaii Revised Statutes 235-21
  • Commission: means the real estate commission established under § 467-3. See Hawaii Revised Statutes 514E-1
  • Commission: means the crime victim compensation commission established by this chapter. See Hawaii Revised Statutes 351-2
  • Common area: means real property that is designated as common area in or pursuant to a declaration, that is owned or leased by the association under the declaration, or that is otherwise available for the use of members of the association. See Hawaii Revised Statutes 508D-1
  • Common interest community: means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Hawaii Revised Statutes 508C-2
  • Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Hawaii Revised Statutes 235-21
  • Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area superintendent: means the chief administrative officer of a complex area and the complexes therein. See Hawaii Revised Statutes 302A-101
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Condominium project: means a real estate condominium project; or a plan or project whereby a condominium of two or more units located within the condominium property regime have been sold or leased or are offered or proposed to be offered for sale or lease. See Hawaii Revised Statutes 508D-1
  • consumer reporting agency: means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes. See Hawaii Revised Statutes 489P-2
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Cooperative housing corporation: means a corporation having only one class of stock outstanding, each of the stockholders of which is entitled by reason of the shareholder's ownership of stock in the corporation to occupy for dwelling purposes a dwelling unit in a building owned or leased by the corporation, and no stockholder of which is entitled, either conditionally or unconditionally, to receive any distribution not out of earnings and profits of the corporation except in a complete or partial liquidation of the corporation. See Hawaii Revised Statutes 508D-1
  • Council: means the environmental advisory council established in this chapter. See Hawaii Revised Statutes 341-2
  • Council: means the environmental advisory council. See Hawaii Revised Statutes 343-2
  • County: shall include each county of the State, including the city and county of Honolulu. See Hawaii Revised Statutes 340A-1
  • Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit report: means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity. See Hawaii Revised Statutes 489P-2
  • Crime: means those under § 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 U. See Hawaii Revised Statutes 351-2
  • Debtor: means a person named as the debtor in a financing statement. See Hawaii Revised Statutes 507D-2
  • Decedent: A deceased person.
  • Declaration: means any recorded document, however denominated, in favor of or enforceable by a cooperative housing corporation, an association of owners of a condominium project, or other nonprofit, incorporated or unincorporated association, that restricts or conditions the use of the real property being offered for sale, or imposes obligations on the owner of the residential real property being offered for sale with respect to maintenance or operational responsibility for the common areas, architectural control, maintenance of the residential real property being offered for sale, or services for the benefit of the residential real property being offered for sale or other property subject to the declaration including the common areas. See Hawaii Revised Statutes 508D-1
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dementia: means a group of symptoms affecting intellectual and social abilities severely enough to interfere with daily functioning. See Hawaii Revised Statutes 349-31
  • Department: means the department of health. See Hawaii Revised Statutes 508C-2
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of health. See Hawaii Revised Statutes 333F-1
  • Department: means the department of health. See Hawaii Revised Statutes 342C-1
  • Department: means the department of health. See Hawaii Revised Statutes 342E-1
  • Department: means the department of human services. See Hawaii Revised Statutes 346E-1
  • Developer: means any person that creates a time sharing plan or is in the business of selling time share units. See Hawaii Revised Statutes 514E-1
  • Developmental disabilities: means a severe, chronic disability of a person which:

         (1)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

         (2)  Is manifested before the person attains age twenty-two;

         (3)  Is likely to continue indefinitely;

         (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:  self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

         (5)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 333F-1

  • Developmental disability: means a severe, chronic disability of an individual that:

         (1)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

         (2)  Is manifested before the individual attains age twenty-two;

         (3)  Is likely to continue indefinitely;

         (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:

              (A)  Self-care;

              (B)  Receptive and expressive language;

              (C)  Learning;

              (D)  Mobility;

              (E)  Self-direction;

              (F)  Capacity for independent living; or

              (G)  Economic self-sufficiency; and

         (5)  Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 349-31

  • Devise: To gift property by will.
  • Director: means the director of health. See Hawaii Revised Statutes 508C-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 514E-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 482E-2
  • Director: means the director of health. See Hawaii Revised Statutes 333F-1
  • Director: means the director of health. See Hawaii Revised Statutes 334B-2
  • Director: means the director of the department of health. See Hawaii Revised Statutes 340A-1
  • Director: means the director of health. See Hawaii Revised Statutes 340B-1
  • Director: means the director of health. See Hawaii Revised Statutes 340F-1
  • Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
  • Director: means the director of health. See Hawaii Revised Statutes 342C-1
  • Director: means the director of health. See Hawaii Revised Statutes 342E-1
  • Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
  • Director: means the director of human services. See Hawaii Revised Statutes 346E-1
  • Disclosure statement: means a written statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to the residential real property being offered for sale that:

         (1)  Are within the knowledge or control of the seller;

         (2)  Can be observed from visible, accessible areas; or

         (3)  Are required to be disclosed under §§ 508D-4. See Hawaii Revised Statutes 508D-1

  • Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
  • Diversion program: means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
  • Donee: The recipient of a gift.
  • Employed caregiver: means an individual who:

         (1)  Provides care for a care recipient; and

         (2)  Is employed at least twenty hours per week by one or more employers or is self-employed. See Hawaii Revised Statutes 349-16

  • Environment: means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. See Hawaii Revised Statutes 344-2
  • Environmental assessment: means a written evaluation to determine whether an action may have a significant effect. See Hawaii Revised Statutes 343-2
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

         (1)  Under a federal or state program governing environmental remediation of real property, including chapter 128D;

         (2)  Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or

         (3)  Under the state voluntary response program authorized in part II of chapter 128D. See Hawaii Revised Statutes 508C-2

  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange agent: means a person who operates an exchange program. See Hawaii Revised Statutes 514E-1
  • Exchange program: means a plan or program in which the owners or holders of time share interests in a time share plan may exchange occupancy rights among themselves or with the owners or holders of time share interests in other time share plans or with the owner or holders of units in other projects. See Hawaii Revised Statutes 514E-1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family caregiver: means a spouse, adult child, other relative, partner, or friend who has a personal relationship with, and provides a broad range of unpaid assistance for an older adult with a chronic or disabling condition. See Hawaii Revised Statutes 349-31
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial management service provider: means an agency under contract with the executive office on aging to act as the fiscal and employer agent on behalf of a care recipient to manage employer-related functions, process payment to employees and vendors, and monitor the care recipient's allocation of funds. See Hawaii Revised Statutes 349-16
  • Financing statement: means a record filed under chapter 490:9. See Hawaii Revised Statutes 507D-2
  • Finding of no significant impact: means a determination based on an environmental assessment that the subject action will not have a significant effect and, therefore, will not require the preparation of an environmental impact statement. See Hawaii Revised Statutes 343-2
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Franchise: means an oral or written contract or agreement, either expressed or implied, in which a person grants to another person, a license to use a trade name, service mark, trademark, logotype or related characteristic in which there is a community interest in the business of offering, selling, or distributing goods or services at wholesale or retail, leasing, or otherwise, and in which the franchisee is required to pay, directly or indirectly, a franchise fee. See Hawaii Revised Statutes 482E-2
  • Franchisee: means a person to whom a franchise is offered or granted. See Hawaii Revised Statutes 482E-2
  • Franchisor: means a person who grants a franchise to another person. See Hawaii Revised Statutes 482E-2
  • Frivolous: means without any basis in law or fact. See Hawaii Revised Statutes 507D-2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Generator: means any person or governmental agency which generates solid waste. See Hawaii Revised Statutes 340A-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
  • Hawaii resident: includes aliens lawfully admitted for permanent residence and residing in Hawaii. See Hawaii Revised Statutes 489N-1
  • Health care provider: means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services. See Hawaii Revised Statutes 334B-2
  • Health care services: means diagnosis, treatment, medical or psychological evaluation or advice, or other acts as permissible under the health care licensing statutes of this State. See Hawaii Revised Statutes 334B-2
  • Helicopter facility: means any area of land or water which is used, or intended for use for the landing or takeoff of helicopters; and any appurtenant areas which are used, or intended for use for helicopter related activities or rights-of-way. See Hawaii Revised Statutes 343-2
  • Holder: means a grantee of an environmental covenant as specified in § 508C 3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
  • Home-delivered meals: means a meal provided to a care recipient in the care recipient's place of residence; provided that the meal is served in a program administered by the executive office on aging or an area agency on aging and meets all of the requirements of the Older Americans Act of 1965, as amended, and all state and local laws. See Hawaii Revised Statutes 349-16
  • Homemaker: means a person who provides assistance with preparing meals, shopping for personal items, managing money, using the telephone, or performing light housework. See Hawaii Revised Statutes 349-16
  • Incinerator: means an engineered combustion device specifically designed for volume reduction by controlled burning of combustible solid waste. See Hawaii Revised Statutes 340A-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individualized service plan: means the written plan required by § 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. See Hawaii Revised Statutes 333F-1
  • Individually appropriate: means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based. See Hawaii Revised Statutes 333F-1
  • Injury: means actual bodily harm and, in respect of a victim, includes pregnancy and mental or nervous shock; and "injured" has a corresponding meaning. See Hawaii Revised Statutes 351-2
  • Instrumental activities of daily living: means the following instrumental activities that individuals perform as a part of daily living:  preparing meals, shopping for personal items, medication management, managing money, using the telephone, performing light housework, performing heavy housework, and making use of available transportation. See Hawaii Revised Statutes 349-16
  • Insured: means :

         (1)  The person identified by name as insured in a motor vehicle insurance policy complying with § 431:10C-301; and

         (2)  A person residing in the same household with a named insured, specifically:

              (A)  A spouse or reciprocal beneficiary or other relative of a named insured; and

              (B)  A minor in the custody of a named insured or of a relative residing in the same household with a named insured. See Hawaii Revised Statutes 431:10C-103

  • Insured motor vehicle: means a motor vehicle:

         (1)  Which is insured under a motor vehicle insurance policy; or

         (2)  The owner of which is a self-insurer with respect to such vehicle. See Hawaii Revised Statutes 431:10C-103

  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual disability: means a person's attributes or characteristics that demonstrate a limitation in intellectual functioning and adaptive behavior as expressed in conceptual, social, and practical skills, which are apparent prior to the age of eighteen. See Hawaii Revised Statutes 349-31
  • Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 333F-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interdisciplinary team: means a group of persons that is drawn from or represents those professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing a program to meet them, and is responsible for evaluating the individual's needs, developing an individual program plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. See Hawaii Revised Statutes 333F-1
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: has the meaning set forth in § 235-2. See Hawaii Revised Statutes 235-121
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2021, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code which, pursuant to this chapter, do not apply or are otherwise limited in application. See Hawaii Revised Statutes 235-2.3
  • International matchmaking organization: means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:

         (1)  An exchange of names, telephone numbers, addresses, or statistics;

         (2)  Selection of photographs; or

         (3)  A social environment provided by the organization in a country other than the United States. See Hawaii Revised Statutes 489N-1

  • International trade agreement: means a trade agreement or memorandum of agreement between the United States government and a foreign nation, whether bilateral, multilateral, global, or regional, to which the State, at the request of the United States government, is a covered procuring entity; provided the term shall not include a trade agreement or memoranda of agreement:

         (1)  Between the State and a foreign nation or its sub-national entity to which the United States government is not a party; or

         (2)  Between a county and a foreign nation or its sub-national entity to which the United States government is not a party. See Hawaii Revised Statutes 489M-1

  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Kupuna care services: means :

         (1)  Services for the employed caregiver, including:

              (A)  Adult day care;

              (B)  Respite care; and

              (C)  Caregiver support services;

         (2)  Services for the care recipient, including:

              (A)  Attendant care;

              (B)  Case management;

              (C)  Care coordination;

              (D)  Chore;

              (E)  Homemaker;

              (F)  Home-delivered meals;

              (G)  Personal care;

              (H)  Transportation;

              (I)  Assisted transportation; or

              (J)  Respite care for employed caregivers. See Hawaii Revised Statutes 349-16

  • Landfill: means a land area used for the disposal of solid waste. See Hawaii Revised Statutes 340A-1
  • Least restrictive: means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs. See Hawaii Revised Statutes 333F-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
  • Lien claimant: means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded. See Hawaii Revised Statutes 507D-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-term care services: means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 346C-1
  • Long-term supports and services: means the broad range of assistance and care needed by older persons or persons with physical or mental disabilities who have lost or never acquired the ability to function independently. See Hawaii Revised Statutes 349-31
  • managed care: means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person. See Hawaii Revised Statutes 334B-2
  • Marital history information: means a declaration of a Hawaii resident's current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization. See Hawaii Revised Statutes 489N-1
  • Mass casualty incident: means an incident with multiple victims killed during a continuous course of criminal conduct. See Hawaii Revised Statutes 351-2
  • Master development: means a real estate development that consists of more than one project, including but not limited to a planned community association subject to chapter 421J with one or more sub-associations. See Hawaii Revised Statutes 514E-1
  • Material fact: means any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale. See Hawaii Revised Statutes 508D-1
  • Medical fee schedule: refers to the Medicare Resource Based Relative Value Scale System applicable to Hawaii, entitled "Workers' Compensation Supplemental Medical Fee Schedule". See Hawaii Revised Statutes 431:10C-103
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle insurance policy: means an insurance policy that meets the requirements of § 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Negotiable instrument: means any check, draft, bill of exchange, certificate of deposit, note, and any other document which is an "instrument" within the meaning of article 3 of chapter 490, including instruments subject to said article pursuant to § 490:3-805. See Hawaii Revised Statutes 514E-1
  • Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
  • Nonconsensual common law lien: means a lien that:

         (1)  Is not provided for by a specific statute;

         (2)  Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and

         (3)  Is not a court-imposed equitable or constructive lien. See Hawaii Revised Statutes 507D-2

  • Nondisturbance agreement: means an instrument by which the holder of a blanket lien agrees that its rights in the property shall be subordinate to the rights of owners. See Hawaii Revised Statutes 514E-1
  • Nonpoint source pollution: means water pollution that does not originate from a point source. See Hawaii Revised Statutes 342E-1
  • Notice of time share plan: means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a time share unit, and which provides notice of the existence of the time share plan and of rights of owners. See Hawaii Revised Statutes 514E-1
  • Nurse: means a person who has been or is currently licensed under chapter 457. See Hawaii Revised Statutes 334D-2
  • Nursing facility: means a nursing facility licensed under §§ 321-9 and 321-11 and any intermediate care facility for individuals with intellectual disabilities licensed under §§ 321-9 and 321-11. See Hawaii Revised Statutes 346E-1
  • Nursing facility income: means the total compensation received for furnishing nursing facility services, including all receipts from "ancillary services" (as defined in 42 Code of Federal Regulations 413. See Hawaii Revised Statutes 346E-1
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • 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.
  • Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
  • Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 343-2
  • One-to-one use-right to use-night requirement: means that the sum of the nights which owners are entitled to use in a given year shall not exceed the number of nights available for use by those owners during that year. See Hawaii Revised Statutes 514E-1
  • Operator: means any person or governmental agency which accepts solid waste for processing, disposing, or transferring at an incinerator, landfill site, resource recovery facility or transfer station. See Hawaii Revised Statutes 340A-1
  • Operator: means any individual who operates a wastewater treatment plant, or a major segment of a wastewater treatment plant. See Hawaii Revised Statutes 340B-1
  • Operator: means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system. See Hawaii Revised Statutes 340F-1
  • Operator: means any person operating a nursing facility, whether as owner or proprietor, or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business that involves the actual furnishing of nursing facility services. See Hawaii Revised Statutes 346E-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Owner: means any person who owns a time share interest; provided, however, that to the extent and for such purposes as are provided in any agreement of sale, the vendee under such agreement of sale shall be considered the owner of the time share interest. See Hawaii Revised Statutes 514E-1
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
  • Owner: means any person or governmental agency which shall have title to solid waste. See Hawaii Revised Statutes 340A-1
  • Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
  • Party: means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in any court or agency proceeding. See Hawaii Revised Statutes 356D-91
  • Party in interest: means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property. See Hawaii Revised Statutes 507D-2
  • Peer assistance program: means a program administered by professionals for the purpose of assisting nurses who are chemically dependent in obtaining evaluation, counseling, monitoring of progress, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 508C-2
  • Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entities, or any combination thereof. See Hawaii Revised Statutes 514E-1
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Person: means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it includes any other entity which has a majority interest in such an entity or effectively controls such other entity as well as the individual officers, directors, and other persons in act of control of the activities of each such entity. See Hawaii Revised Statutes 482E-2
  • Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other legal entity. See Hawaii Revised Statutes 340B-1
  • Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity. See Hawaii Revised Statutes 340F-1
  • Person: includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization. See Hawaii Revised Statutes 342C-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342E-1
  • Person: includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. See Hawaii Revised Statutes 343-2
  • Person-centered planning: means a process intended to identify the strengths, capacities, preferences, needs, and desired outcomes of the care recipient, caregiver, or employed caregiver. See Hawaii Revised Statutes 349-16
  • Personal care: means personal assistance, standby assistance, supervision, or cues. See Hawaii Revised Statutes 349-16
  • Physician: means a person licensed to practice medicine under chapter 453. See Hawaii Revised Statutes 334B-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan manager: means a person who undertakes the duties, responsibilities, and obligations of managing a time share plan. See Hawaii Revised Statutes 514E-1
  • Pollution: means water pollution. See Hawaii Revised Statutes 342E-1
  • Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
  • Post-termination transition period: means that period defined in § 1377(b)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power-generating facility: means :

         (1)  A new, fossil-fueled, electricity-generating facility, where the electrical output rating of the new equipment exceeds 5. See Hawaii Revised Statutes 343-2

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private citizen: means any natural person other than a police officer who is actively engaged in the performance of the police officer's official duties. See Hawaii Revised Statutes 351-2
  • Pro rata share: means the share determined with respect to an S corporation shareholder for a taxable period in the manner provided in § 1377(a)(1) or (2) or 1362(e)(2) or (3) or (6)(D), as the case may be, of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Procurement: means any provision of chapter 103D. See Hawaii Revised Statutes 489M-1
  • Professional association: means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. See Hawaii Revised Statutes 334D-2
  • Program: means the nonpoint source pollution management and control program established within the department pursuant to this chapter. See Hawaii Revised Statutes 342E-1
  • Program: means the long-term care financing program set forth in this chapter. See Hawaii Revised Statutes 346C-1
  • Project: means :

         (1)  An individual condominium project;

         (2)  Two or more contiguous condominium projects that have been merged and for administrative purposes operate as a single condominium project;

         (3)  An individual cooperative housing project;

         (4)  An individual subdivision of single-family homes subject to one or more project instruments; or

         (5)  An individual subdivision of townhomes subject to one or more project instruments. See Hawaii Revised Statutes 514E-1

  • Provider: means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in an adult foster or developmental disabilities domiciliary home. See Hawaii Revised Statutes 333F-1
  • Psychologist: means a person licensed to practice psychology under chapter 465. See Hawaii Revised Statutes 334B-2
  • Public utility: has the meaning given that term in § 269-1. See Hawaii Revised Statutes 235-21
  • Purchase money contract: means any note, negotiable instrument, agreement of sale, installment sales contract, or other contract which evidences or embodies a debt arising from a purchase money loan made to a purchaser by the developer or a creditor (i) who is affiliated with the developer by common control, contract, or business arrangement, or (ii) to whom the developer referred the purchaser. See Hawaii Revised Statutes 514E-1
  • Purchaser: means any person who has contracted to acquire a time share interest. See Hawaii Revised Statutes 514E-1
  • Real estate purchase contract: means a contract, as it may be amended, by which a seller agrees to sell and a buyer agrees to buy residential real property which shall include a deposit, receipt, offer, acceptance, or other similar agreement for the sale or lease with option to buy. See Hawaii Revised Statutes 508D-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form. See Hawaii Revised Statutes 508C-2
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recruit: means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. See Hawaii Revised Statutes 489N-1
  • Reentry programs: include programs that are located within a correctional facility. See Hawaii Revised Statutes 353H-2
  • Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
  • Regulation: means any rule and regulation promulgated by the commissioner pursuant to chapter 91. See Hawaii Revised Statutes 431:10C-103
  • Relative: means a victim's spouse or reciprocal beneficiary, parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half brother, half sister, stepbrother, stepsister, spouse's or reciprocal beneficiary's parents, niece, nephew, or person residing in the same dwelling unit as the victim. See Hawaii Revised Statutes 351-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means every individual who:

         (1)  Intends to permanently reside in this State;

         (2)  Has a permanent abode in this State;

         (3)  Is a student at any institution of learning and claimed as a dependent of a Hawaii resident;

         (4)  Files a Hawaii income tax return; or

         (5)  Is registered to vote in this State. See Hawaii Revised Statutes 351-2

  • residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
  • Residential real property: means fee simple or leasehold real property on which currently is situated:

         (1)  From one to four dwelling units; or

         (2)  A residential condominium or cooperative apartment, the primary use of which is occupancy as a residence. See Hawaii Revised Statutes 508D-1

  • Resource recovery facility: means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity. See Hawaii Revised Statutes 340A-1
  • Respite care: includes :

         (1)  In-home respite (personal care, homemaker, and other in-home respite);

         (2)  Respite provided by attendance of the care recipient at a nonresidential program;

         (3)  Institutional respite provided by placing the care recipient in an institutional setting such as a nursing home for a short period of time as a respite service to the employed caregiver; and

         (4)  Any combination of services to assist the employed caregiver as deemed appropriate by the area agency on aging. See Hawaii Revised Statutes 349-16

  • Review agent: means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:

         (1)  A business entity in this State; or

         (2)  A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State. See Hawaii Revised Statutes 334B-2

  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • S corporation: means a corporation for which a valid election under § 1362(a) of the Internal Revenue Code is in effect. See Hawaii Revised Statutes 235-121
  • Sales: means all gross receipts of the taxpayer not allocated under §§ 235-24 to 235-28. See Hawaii Revised Statutes 235-21
  • Sales agent: means a person who sells or offers to sell for compensation a time share interest in a time share plan, except a person who acquired a time share interest for the person's own occupancy and later offers it for resale. See Hawaii Revised Statutes 514E-1
  • Security freeze: means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. See Hawaii Revised Statutes 489P-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means an entity that has all required licenses or certificates, and is registered as a business entity in the State. See Hawaii Revised Statutes 349-16
  • Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
  • Severe mental illness: means one of several diseases that affects the brain and significantly and functionally impairs an individual for an indefinite period of time. See Hawaii Revised Statutes 349-31
  • sickness insurance: shall include an accident-only; specified disease; hospital indemnity; long-term care; disability; dental; vision; medicare supplement; short-term, limited-duration health insurance; or other limited benefit health insurance contract regardless of the manner in which benefits are paid; provided that if any of the requirements in the foregoing sections as applied to long-term care insurance conflict with article 10H, the provisions of article 10H shall govern and control. See Hawaii Revised Statutes 431:10A-607
  • Significant effect: means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. See Hawaii Revised Statutes 343-2
  • Solid waste: means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. See Hawaii Revised Statutes 340A-1
  • Source separated waste: means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets. See Hawaii Revised Statutes 340A-1
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 508C-2
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Hawaii Revised Statutes 235-21
  • State: includes states, territories, districts, and insular and other possessions of the United States. See Hawaii Revised Statutes 337-1
  • State waters: means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. See Hawaii Revised Statutes 342E-1
  • statement: means an informational document prepared in compliance with the rules adopted under § 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. See Hawaii Revised Statutes 343-2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subfranchisor: means a person to whom an area franchise is granted. See Hawaii Revised Statutes 482E-2
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Supervisor: means , where shift operation is not required, any individual who has direct responsibility for the operation of a wastewater treatment plant or who supervises operators of such a plant. See Hawaii Revised Statutes 340B-1
  • support plan: means a plan developed by a care recipient, caregiver, or employed caregiver that allows the care recipient, caregiver, or employed caregiver to establish the goals, skills, and knowledge necessary to work toward the desired outcomes and lays out practical steps toward the achievement of the goals; provided that family members and friends may provide assistance in developing a care recipient's plan if the care recipient chooses to include them. See Hawaii Revised Statutes 349-16
  • Taxable period: means any taxable year or portion of a taxable year during which a corporation is an S corporation. See Hawaii Revised Statutes 235-121
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tenant: means any person occupying a dwelling accommodation or living quarters in any public housing project, under or by virtue of any tenancy, lease, or rental agreement under or from the authority. See Hawaii Revised Statutes 356D-91
  • Testify: Answer questions in court.
  • Time share interest: means any interest in a time share unit or plan which entitles the owner or holder thereof to the use, occupancy or possession of a time share unit on a periodically recurring basis. See Hawaii Revised Statutes 514E-1
  • Time share ownership plan: means any arrangement whether by tenancy in common, sale, deed or by other means, whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division. See Hawaii Revised Statutes 514E-1
  • Time share plan: means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a sixty-day period in any year, for any occupant. See Hawaii Revised Statutes 514E-1
  • Time share unit: means the actual and promised accommodations, and related facilities, which are the subject of a time share plan. See Hawaii Revised Statutes 514E-1
  • Time share use plan: means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time share unit for a specific or discernible period by temporal division, but does not receive an ownership interest. See Hawaii Revised Statutes 514E-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer station: means a supplemental transportation facility used as an adjunct to solid waste route collection vehicles, which facility may be fixed or mobile and may include recompaction of solid waste. See Hawaii Revised Statutes 340A-1
  • Transient vacation rentals: means rentals in a multi-unit building to visitors over the course of one or more years, with the duration of occupancy less than thirty days for the transient occupant. See Hawaii Revised Statutes 514E-1
  • Transportation: means transportation from one location to another with a vehicle and does not include any other activity. See Hawaii Revised Statutes 349-16
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • U-drive rental business: means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less. See Hawaii Revised Statutes 431:10C-103
  • 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
  • Unit owner: means the holder of the fee of a unit not used as a time share unit; except that if the fee is encumbered by a lease of at least five years duration, then the person entitled to possession shall be deemed to be the unit owner. See Hawaii Revised Statutes 514E-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Victim: means :

         (1)  A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;

         (2)  Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in § 351-32; or

         (3)  A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 U. See Hawaii Revised Statutes 351-2

  • Wastewater treatment plant: means the various facilities used in the treatment of wastewater, including a wastewater reclamation plant, but excluding a private sewage treatment plant with actual flows greater than 2. See Hawaii Revised Statutes 340B-1
  • Wastewater treatment unit: means any plant or facility used in the treatment of wastewater. See Hawaii Revised Statutes 343-2
  • Without regard to fault: means irrespective of fault as a cause of accidental harm, and without application of the principle of liability based on negligence. See Hawaii Revised Statutes 431:10C-103
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.