Terms Used In Hawaii Revised Statutes > Chapter 560 > Article III > Part 9 - Special Provisions Relating to Distribution

• Act of Congress: means the act of Congress approved June 18, 1934, entitled, "An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes" and the amendments thereto. See Hawaii Revised Statutes 212-1
• Active candidate status: means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations. See Hawaii Revised Statutes 451K-1
• Administrator: means the administrator of the state procurement office. See Hawaii Revised Statutes 103F-102
• Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 103D-1201
• 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.
• Agency: means any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs. See Hawaii Revised Statutes 103F-102
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• 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
• Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for commercial purposes or authorized stock enhancement purposes. See Hawaii Revised Statutes 219-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Basic hourly rate: means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include the cost to an employer of furnishing fringe benefits, whether paid directly or indirectly to the laborer or mechanic as provided in the definition of "wages". See Hawaii Revised Statutes 104-1
• 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}
• Bequest: Property gifted by will.
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• Board: means the board of agriculture of the department of agriculture. See Hawaii Revised Statutes 219-2
• Capital access loan: means a loan that is entitled to be secured by the fund. See Hawaii Revised Statutes 211D-1
• Chairperson: means the chairperson of the board of agriculture. See Hawaii Revised Statutes 219-2
• Chief procurement officer: means those officials designated by § 103D-203. See Hawaii Revised Statutes 103F-102
• 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.
• Construction: includes alteration, repair, painting, and decorating. See Hawaii Revised Statutes 104-1
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 103F-102
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a nonprofit association of [aquaculturists] organized under chapter 421. See Hawaii Revised Statutes 219-2
• 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
• Curricular materials: means any systematically organized material designed to provide a specific level of instruction in a subject-matter category, including textbooks, instructional materials, library books, equipment, computer software, digital content accessed through a computer or other electronic medium, digital content available through an internet-based provider of course content, or supplies used in a particular course of study. See Hawaii Revised Statutes 302A-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
• Department: means the department of health. See Hawaii Revised Statutes 451K-1
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 211D-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 219-2
• 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
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
• Director: means the director of health. See Hawaii Revised Statutes 451K-1
• 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
• Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 103D-104
• 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}
• 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.
• Excess property: means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property. See Hawaii Revised Statutes 103D-1201
• 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.
• Financial institution: includes a bank, trust company, banking association, savings and loan association, mortgage company, investment bank, credit union, or nontraditional financial institution. See Hawaii Revised Statutes 211D-1
• Financing: means furnishing risk capital to persons for use in the development or exploitation of specific inventions or products. See Hawaii Revised Statutes 211E-1
• 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.
• Fund: means the Hawaii capital loan revolving fund established in section 210-3. See Hawaii Revised Statutes 211D-1
• Genetic counseling practice: includes :

  (1) Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;

  (2) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;

  (3) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;

  (4) Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;

  (5) Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;

  (6) Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;

  (7) Communicating information to their clients in an understandable manner;

  (8) Facilitating informed decision-making about testing, treatment, and management;

  (9) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

  (10) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals. See Hawaii Revised Statutes 451K-1

• Genetic counselor: means a person licensed under this chapter who engages in genetic counseling practice. See Hawaii Revised Statutes 451K-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
• Health and human services: means services to communities, families, or individuals which are intended to maintain or improve health or social well-being. See Hawaii Revised Statutes 103F-102
• Industrial oil: means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil. See Hawaii Revised Statutes 103D-1302
• Innovation: means any new product or invention. See Hawaii Revised Statutes 211E-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}
• Intestate: Dying without leaving a will.
• 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}
• 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
• Licensed genetic counselor: means an individual who holds a license in good standing to practice genetic counseling under this chapter. See Hawaii Revised Statutes 451K-1
• Loan: includes a line of credit. See Hawaii Revised Statutes 211D-1
• Lubricating oil: means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. See Hawaii Revised Statutes 103D-1302
• mark: means any trademark or service mark entitled to registration under chapter 482, whether registered or not. See Hawaii Revised Statutes 302A-1901
• Medium-sized business: means a corporation, partnership, sole proprietorship, or other legal entity that:

  (1) Is domiciled in this State;

  (2) Is formed to make a profit; and

  (3) Employs one hundred or more but fewer than five hundred full-time employees. See Hawaii Revised Statutes 211D-1

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonprofit organization: means a private, nonprofit, tax-exempt corporation, association, or organization listed in section 501(c)(3), Internal Revenue Code of 1986, as amended, that is domiciled in this State. See Hawaii Revised Statutes 211D-1
• 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.
• Overtime compensation: means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement. See Hawaii Revised Statutes 104-1
• Participating financial institution: means a financial institution participating in the program. See Hawaii Revised Statutes 211D-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.
• Personal property: All property that is not real property.
• Policy board: means the procurement policy board created in § 103D-201. See Hawaii Revised Statutes 103D-104
• 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.
• Probate: Proving a will
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
• Program: means the capital access program. See Hawaii Revised Statutes 211D-1
• Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 103D-1201
• Provider: means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf. See Hawaii Revised Statutes 103F-102
• 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
• Public work: means any project, including development of any housing pursuant to § 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required or used to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. See Hawaii Revised Statutes 104-1
• Purchasing agency: means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public. See Hawaii Revised Statutes 103F-102
• Qualified aquaculturist: means a person, or association of persons, actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities. See Hawaii Revised Statutes 219-2
• 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.
• 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}
• Recycled oil: means used oil that has been prepared for reuse as a petroleum product by refining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws, rules, and regulations. See Hawaii Revised Statutes 103D-1302
• Request for proposals: means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency. See Hawaii Revised Statutes 103F-102
• Reserve account: means an account established in a participating financial institution on approval of the department in which money is deposited to serve as a source of additional revenue to reimburse the financial institution for losses on loans enrolled in the program. See Hawaii Revised Statutes 211D-1
• Scope of service: means any description of the type of activity, including but not limited to, number served, outcomes being sought, target group, and geographic area in which the activity takes place. See Hawaii Revised Statutes 103F-102
• 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.
• Statute: A law passed by a legislature.
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1201
• Testator: A male person who leaves a will at death.
• Treatment: means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. See Hawaii Revised Statutes 103F-102
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venture: means , without limitation, any contractual arrangement with any person whereby the investor with risk capital obtain rights from or in an invention or product or proceeds therefrom in exchange for financing such persons. See Hawaii Revised Statutes 211E-1
• Virgin oil: means oil which has been refined from crude oil and which has not been used or contaminated with impurities. See Hawaii Revised Statutes 103D-1302
• Weighted student formula: means a formula for allocating operating moneys to individual public schools that includes a system of weighted characteristics affecting the relative cost of educating each student attending a public school. See Hawaii Revised Statutes 302A-101