Terms Used In Hawaii Revised Statutes > Chapter 490 > Article 4A - Funds Transfers

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Alarm business: means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles. See Hawaii Revised Statutes 436M-1
• Alarm system: means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated. See Hawaii Revised Statutes 436M-1
• Alcohol: means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States. See Hawaii Revised Statutes 281-1
• 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.
• Ancillary agreement: means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other related bond document or other similar agreement or arrangement entered into in connection with the issuance of bonds that is designed to promote the credit quality and marketability of the bonds or to mitigate the risk of an increase in interest rates. See Hawaii Revised Statutes 269-161
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Athlete: means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities. See Hawaii Revised Statutes 436H-2
• Athletic trainer: means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer. See Hawaii Revised Statutes 436H-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Audible alarm system: means any alarm system that emits a sound when activated. See Hawaii Revised Statutes 436M-1
• Authority: means the Hawaii green infrastructure authority established under § 196-63. See Hawaii Revised Statutes 269-161
• Automatic telephone dialer: means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act. See Hawaii Revised Statutes 436M-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beer: means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley or other grain, malt, and hops in water. See Hawaii Revised Statutes 281-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board: means a board established by county charter, within a county, that shall have the jurisdiction to hear and determine complaints or violations of liquor laws and to impose penalties as may be provided in this chapter. See Hawaii Revised Statutes 281-1
• Board: means the board of acupuncture. See Hawaii Revised Statutes 436E-2
• Board: means the motor vehicle repair industry board. See Hawaii Revised Statutes 437B-1
• Bondholder: means any holder or owner of a bond. See Hawaii Revised Statutes 269-161
• Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 269-161
• Club: means any organization for objects of a social, patriotic, political, or athletic nature, or the like, but not for pecuniary gain, having a regular membership to all of whom is charged monthly or quarterly dues, employing a full-time steward, and from which organization no person is entitled to or takes, directly or indirectly, any share of the profits thereof. See Hawaii Revised Statutes 281-1
• Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
• Condominium hotel: means an establishment consisting of one or more buildings that includes:

  (1) Guest rooms that are units, as defined in § 514B-3, which are used to provide transient lodging for periods of less than thirty days under a written contract with the owner of the apartment or unit in the condominium hotel operation; and

  (2) Guest rooms that are units, owned or managed by the condominium hotel operator providing transient lodging for periods of less than thirty days, which are offered for adequate pay to transient guests. See Hawaii Revised Statutes 281-1

• Condominium hotel operator: means any person who operates a condominium hotel, including but not limited to, a condominium hotel operator registered under section 467-30. See Hawaii Revised Statutes 281-1
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health. See Hawaii Revised Statutes 281-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 437B-1
• Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 269-161
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Elected executive head: means the mayor of each county or the mayor's duly appointed or elected successor. See Hawaii Revised Statutes 281-1
• Electric utilities: means all electric utilities subject to billing, collecting, and remitting the public benefits fee, or the green infrastructure fee, at the time the financing order becomes final, and any other electric utility designated in the financing order. See Hawaii Revised Statutes 269-161
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• establishment: means a single physical location where the selling of liquor takes place. See Hawaii Revised Statutes 281-1
• 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.
• False alarm: means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. See Hawaii Revised Statutes 436M-1
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Financing costs: means any of the following:

  (1) Principal and interest payable on bonds;

  (2) Any payment required under an ancillary agreement;

  (3) Any amount required to fund or replenish a reserve account or another account established under any indenture, ancillary agreement, or other financing document relating to the issuance of bonds;

  (4) Any redemption or call premium or cost of redeeming or refunding any existing debt of the department in connection with either the issuance of, or the use of proceeds from, bonds;

  (5) Any costs incurred by the department to modify or amend any indenture, financing agreement, security agreement, or similar agreement or instrument securing any bond or any ancillary agreement;

  (6) Any costs incurred by the department to obtain any consent, release, waiver, or approval from any bondholder or of any party to an ancillary agreement that are necessary to be incurred for the department to issue bonds;

  (7) Any costs related to issuing or servicing bonds or related to obtaining a financing order, including servicing fees and expenses, trustee fees and expenses, legal, accounting, or other professional fees and expenses, administrative fees, placement fees, underwriting fees and discounts, capitalized interest and equity, and rating-agency fees; or loan program administration costs as authorized for recovery under a financing order or orders; or

  (8) Any other similar costs incident to the issuance, administration, or servicing of the bonds that the department finds appropriate. See Hawaii Revised Statutes 269-161

• Financing order: means an order issued at the request of the department by the public utilities commission under this part that has become final as provided by law, and that authorizes the issuance of bonds and the imposition, adjustment from time to time, and collection of green infrastructure fees. See Hawaii Revised Statutes 269-161
• Financing party: means :

  (1) Any trustee, collateral agent, or other person acting for the benefit of a bondholder; or

  (2) Any party to an ancillary agreement, the rights and obligations of which relate to or depend upon the existence of green infrastructure property and green infrastructure fees, the enforcement and priority of a security interest in green infrastructure property, the timely collection and payment of green infrastructure fees, or a combination of these factors. See Hawaii Revised Statutes 269-161

• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• green infrastructure bond: means any bond, note or other evidence of indebtedness that is issued by the State, acting through the department, under a financing order, the proceeds of which are used directly or indirectly to recover, finance, or refinance financing costs of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services, and that are secured by or payable from green infrastructure property. See Hawaii Revised Statutes 269-161
• Green infrastructure bond fund: means the special fund created pursuant to § 196-67. See Hawaii Revised Statutes 269-161
• Green infrastructure charge: means the on-bill charges as defined in § 196-61. See Hawaii Revised Statutes 269-161
• Green infrastructure fee: means the nonbypassable fees and charges authorized by section 269-166 and in a financing order authorized under this part to be imposed on and collected from all existing and future customers of electric utilities or any successor. See Hawaii Revised Statutes 269-161
• Green infrastructure loan program order: means an order issued by the public utilities commission under section 269-171 that establishes the use or other disposition of amounts deposited and held in the Hawaii green infrastructure special fund pursuant to § 196-65. See Hawaii Revised Statutes 269-161
• Green infrastructure property: means the property, rights, and interests created by the public utilities commission under a financing order, including the right to impose, charge, and collect from electric utility customers the green infrastructure fee that shall be used to pay and secure the payment of bonds and financing costs, including the right to obtain adjustments to the green infrastructure fee, and any revenues, receipts, collections, rights to payment, payments, moneys, claims, or other proceeds arising from the rights and interests created by the public utilities commission under any financing order. See Hawaii Revised Statutes 269-161
• Green infrastructure special fund: means the special fund created pursuant to § 196-65. See Hawaii Revised Statutes 269-161
• 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.
• Hotel: means an establishment consisting of one or more buildings which contain such total number of rooms as may be prescribed by the commission and in which rooms sleeping accommodations are provided and offered for adequate pay to transient or permanent guests. See Hawaii Revised Statutes 281-1
• intoxicating liquor: includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes. See Hawaii Revised Statutes 281-1
• Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
• 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.
• License: means any license granted under this chapter. See Hawaii Revised Statutes 281-1
• licensed premises: means the building and property that houses the establishment for which a license has been or is proposed to be issued; provided that in the case of class 12 hotel license, "premises" includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
• Licensee: includes also all agents, servants, and employees of the holder of a license. See Hawaii Revised Statutes 281-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Minor: means any person below the age of twenty-one years. See Hawaii Revised Statutes 281-1
• Motor vehicle: means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in § 286-2, and the integral parts thereof. See Hawaii Revised Statutes 437B-1
• Motor vehicle mechanic: means any person whether self-employed or employed by another, who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journey worker" as the terms are commonly used in the motor vehicle repair industry. See Hawaii Revised Statutes 437B-1
• Motor vehicle repair dealer: means any person who is, or has in the person's employ, a motor vehicle mechanic licensed under this chapter and who, for compensation, engages in the business of diagnosing or repairing malfunctions of motor vehicles. See Hawaii Revised Statutes 437B-1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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.
• Original package: means a package or container as it existed at the time of its delivery by the manufacturer or the wholesale dealer for convenience in transportation and sale. See Hawaii Revised Statutes 281-1
• Partner: means a partner in a general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 281-1
• 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 and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person. See Hawaii Revised Statutes 281-1
• Personal property: All property that is not real property.
• Practice of acupuncture: means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. See Hawaii Revised Statutes 436E-2
• Practice of athletic training: refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:
  (1) Prevent athletic injuries;
  (2) Recognize, evaluate, and assess athletic injuries and conditions;
  (3) Provide immediate care of athletic injuries, including common emergency medical care;
  (4) Treat, rehabilitate, and recondition athletic injuries;
  (5) Administer athletic training services and organization; and
  (6) Educate athletes;

  provided that the practice of athletic training does not include provision of medical services as defined in § 453-1, occupational therapy services as defined in § 457G-1, or physical therapy or physical therapy services as defined in § 461J-1. See Hawaii Revised Statutes 436H-2

• premises: includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Regulation: means any regulation prescribed by the commission with the approval of the elected executive head of the county for carrying out this chapter. See Hawaii Revised Statutes 281-1
• 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.
• Repair of motor vehicles: means all maintenance of and modifications and repairs to motor vehicles, including the rebuilding or restoring of rebuilt vehicles as defined in § 286-2, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing oil and air filters, and other minor services, which the board by rule determines may be performed by persons without the skills and knowledge required of motor vehicle mechanics and helpers. See Hawaii Revised Statutes 437B-1
• Restaurant: means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. See Hawaii Revised Statutes 281-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail licensee: means any licensee holding a class 2, class 4 through class 16, or class 18 license. See Hawaii Revised Statutes 281-1
• Seller: includes the agents and employees of a seller; provided that any person shall be deemed to be a seller, who in the State, whether acting as agent or representative of a nonresident principal or otherwise, solicits the placing of or takes, receives, or forwards orders for liquor to be shipped into the State from any place without the State to be delivered to customers, by direct shipment or otherwise. See Hawaii Revised Statutes 281-1
• 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.
• Standard bar: means any establishment licensed to sell liquor for consumption on the premises, except:

  (1) Premises in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to commission regulations; or

  (2) Premises in which live entertainment or recorded music is provided. See Hawaii Revised Statutes 281-1

• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Successor: means , with respect to any electric utility, another electric utility or other entity that succeeds voluntarily or by operation of law to the rights and obligations of the first electric utility or other entity pursuant to any bankruptcy, reorganization, restructuring, or other insolvency proceedings; any merger, acquisition, or consolidation; or any sale or transfer of assets, regardless of how any of these actions occurred. See Hawaii Revised Statutes 269-161
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• to sell: includes to solicit and receive an order for; to have or keep or offer or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the word "sale" includes every act of selling as herein defined. See Hawaii Revised Statutes 281-1
• Treating physician: means a physician or osteopathic physician licensed under chapter 453 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by an athletic trainer and oversees the practice of athletic training by an athletic trainer. See Hawaii Revised Statutes 436H-2
• Under the influence of liquor: means that the person concerned has consumed intoxicating liquor sufficient to impair at the particular time under inquiry the person's normal mental faculties or ability to care for oneself and guard against casualty, or sufficient to substantially impair at the time under inquiry that clearness of intellect and control of oneself which the person would otherwise normally possess. See Hawaii Revised Statutes 281-1
• 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}
• Wine: means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake. See Hawaii Revised Statutes 281-1
• writing: includes printing and typewriting. See Hawaii Revised Statutes 281-1