Terms Used In Hawaii Revised Statutes > Chapter 39A > Part V - Assisting Industrial Enterprises

• Abandoned well: means any well:
  (1) The purpose or use of which has been permanently discontinued;
  (2) That has served its purpose;
  (3) That is not properly maintained;
  (4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
  (5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety. See Hawaii Revised Statutes 174C-81
• Administrative action: means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3. See Hawaii Revised Statutes 97-1
• Advisory committee: means an advisory committee on small business as established in section 201M-4. See Hawaii Revised Statutes 201M-1
• affects small business: means any potential or actual requirement imposed upon a small business through an agency's proposed or adopted rule that will cause a direct and significant economic burden upon a small business, or is directly related to the formation, operation, or expansion of a small business. See Hawaii Revised Statutes 201M-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means each state or county board, commission, department, or officer authorized by law to make rules, except those in the legislative or judicial branches. See Hawaii Revised Statutes 201M-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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
• Board: means the small business regulatory review board. See Hawaii Revised Statutes 201M-1
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
• Chambers: A judge's office.
• Channel alteration: means : (1) to obstruct, diminish, destroy, modify, or relocate a stream channel; (2) to change the direction of flow of water in a stream channel; (3) to place any material or structures in a stream channel; and (4) to remove any material or structures from a stream channel. See Hawaii Revised Statutes 174C-3
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• 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.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 174C-3
• Department school: means any school that falls within the definition of "public schools" as that term is defined in section 302A-101, and is not a charter school. See Hawaii Revised Statutes 302A-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements. See Hawaii Revised Statutes 302A-101
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
• enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
• 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.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Exceptional children: includes :

  (1) Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

  (2) Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

  (3) Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods. See Hawaii Revised Statutes 302A-101

• 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.
• 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.
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Ground water: means any water found beneath the surface of the earth, whether in perched supply, dike-confined, flowing, or percolating in underground channels or streams, under artesian pressure or not, or otherwise. See Hawaii Revised Statutes 174C-3
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation of pumps and pumping equipment: means the procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations. See Hawaii Revised Statutes 174C-81
• Instream flow standard: means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified times of the year to protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. See Hawaii Revised Statutes 174C-3
• Instream use: means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. See Hawaii Revised Statutes 174C-3
• Interim instream flow standard: means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard. See Hawaii Revised Statutes 174C-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}
• Legal material: means , whether or not in effect:

  (1) The Constitution of the State of Hawaii;

  (2) The Session Laws of Hawaii;

  (3) The Hawaii Revised Statutes;

  (4) A state agency rule that has or had the effect of law;

  (5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

  (6) State court rules. See Hawaii Revised Statutes 98-2

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lobbyist: means any individual who:

  (1) Receives or expects to receive, either by employment or contract, $1,000 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through the lobbyist's agents; or

  (2) For pay or other consideration, on behalf of another person:

  (A) Engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3;

  (B) Engages in lobbying in excess of ten hours during any calendar year; or

  (C) Makes expenditures of $1,000 or more of the person's or any other person's money lobbying during any reporting period described in section 97-3;

  provided that an employee of a nonprofit organization who spends fewer than ten hours in any month lobbying on a grant application submitted pursuant to chapter 42F is not a lobbyist if the employee does not engage in lobbying on matters that are unrelated to the grant application. See Hawaii Revised Statutes 97-1

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Official publisher: means :

  (1) For the Constitution of the State of Hawaii, the revisor of statutes;

  (2) For the Session Laws of Hawaii, the revisor of statutes;

  (3) For the Hawaii Revised Statutes, the revisor of statutes;

  (4) For any administrative agency rules, the office of the governor;

  (5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or

  (6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any and all persons, natural or artificial, including an individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the State of Hawaii, and all political subdivisions, municipalities, and public agencies thereof. See Hawaii Revised Statutes 174C-3
• Person: means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization or a representative of a group of persons acting in concert. See Hawaii Revised Statutes 97-1
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
• Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
• Pump installation contractor: means any person, firm, or corporation which is in the business of installing or repairing pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
• Pumps and pumping equipment: means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water. See Hawaii Revised Statutes 174C-81
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 98-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Repairs: means any change, replacement, or other alteration of any well, pump, or pumping equipment which requires a breaking or opening of the well seal. See Hawaii Revised Statutes 174C-81
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Small business: means a for-profit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity that:

  (1) Is domiciled and authorized to do business in Hawaii;

  (2) Is independently owned and operated; and

  (3) Employs fewer than one hundred full-time or part-time employees in Hawaii. See Hawaii Revised Statutes 201M-1

• Special facilities: includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children. See Hawaii Revised Statutes 302A-101
• Special services: means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them. See Hawaii Revised Statutes 302A-101
• 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 98-2
• Statute: A law passed by a legislature.
• Stream: means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. See Hawaii Revised Statutes 174C-3
• Stream channel: means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. See Hawaii Revised Statutes 174C-3
• Stream diversion: means the act of removing water from a stream into a channel, pipeline, or other conduit. See Hawaii Revised Statutes 174C-3
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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}
• Verdict: The decision of a petit jury or a judge.
• Water management area: means a geographic area which has been designated pursuant to § 174C-41 as requiring management of the ground or surface water resource, or both. See Hawaii Revised Statutes 174C-3
• waters of the State: means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. See Hawaii Revised Statutes 174C-3
• Well: means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. See Hawaii Revised Statutes 174C-3
• Well construction: means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
• Well driller: means any person, firm, or corporation which constructs, alters, or repairs wells. See Hawaii Revised Statutes 174C-81
• Well seal: means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. See Hawaii Revised Statutes 174C-81