Terms Used In Hawaii Revised Statutes > Chapter 76 - Civil Service Law

• Accidental death: means death that is the natural and proximate result of an accident occurring at some definite time and place while the member was employed in a position in which all contributions required to be made to the employees' retirement system by the employee or the employer, or both, have been made, was in the actual performance of duty, or due to the result of some occupational hazard, and not caused by wilful negligence on the part of the member. See Hawaii Revised Statutes 88-21
• Account owner: means the individual who enters into a tuition savings agreement pursuant to this chapter and as defined under the proposed income tax regulations, sections 1. See Hawaii Revised Statutes 256-1
• Account owner: means the person who enters into a savings agreement pursuant to this chapter. See Hawaii Revised Statutes 256B-1
• Acquire: means gain ownership of. See Hawaii Revised Statutes 134-1
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Air transportation: means the holding out to the general public of or the undertaking to provide the carriage of persons or property, except for United States mail, by air, for compensation or hire between any pair of points, both of which are within the State of Hawaii, unless the carriage is part of the continuous carriage of the persons or property to or from a point outside the State of Hawaii. See Hawaii Revised Statutes 261E-2
• Aircraft: means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air. See Hawaii Revised Statutes 261E-2
• Airport: means any area of land or water designed and set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes;

  "Airport hazard" means any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land which creates a dangerous condition, including the placement of strong lights which blind pilots during such operations;

  "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;

  "Airport protection" means protection against an airport hazard;

  "Department" means the department of transportation;

  "Director" means the director of transportation or the director's authorized representative;

  "Person" means any individual, partnership, corporation, unincorporated association, joint stock association, or any trustee, receiver, assignee, or other similar representative thereof; or the State or any of its political subdivisions, or agencies thereof;

  "Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, chimneys, and overhead transmission lines;

  "Tree" means any object of natural growth. See Hawaii Revised Statutes 262-1

• 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.
• Amortization: Paying off a loan by regular installments.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique pistol or revolver: means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See Hawaii Revised Statutes 134-1
• 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.
• Applicant: means the person for whose use and benefit application for services or public assistance is made. See Hawaii Revised Statutes 346-1
• Appointing authority: means a department head or designee having the power to make appointments or changes in the status of employees. See Hawaii Revised Statutes 76-11
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assault pistol: means a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics:
  (1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
  (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
  (3) A shroud that is attached to or partially or completely encircles the barrel and permits the shooter to hold the firearm with the second hand without being burned;
  (4) A manufactured weight of fifty ounces or more when the pistol is unloaded;
  (5) A centerfire pistol with an overall length of twelve inches or more; or
  (6) It is a semiautomatic version of an automatic firearm;

  but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section, or a curio or relic as those terms are used in 18 United States Code § 921(a)(13) or 27 C. See Hawaii Revised Statutes 134-1

• Assembly: means the fabrication of a firearm or the fitting together of component parts to construct a firearm. See Hawaii Revised Statutes 134-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Automatic firearm: means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. See Hawaii Revised Statutes 134-1
• 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.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• 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.
• 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 law enforcement standards board. See Hawaii Revised Statutes 139-1
• Board: means the enhanced 911 board established under this chapter. See Hawaii Revised Statutes 138-1
• Boat dealer: means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels. See Hawaii Revised Statutes 200-23
• Boat manufacturer: means a person engaged in:

  (1) The manufacture, construction, or assembly of boats or associated equipment;

  (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

  (3) The importation into the United States for sale of boats, associated equipment, or components thereof. See Hawaii Revised Statutes 200-23

• Boating accident: means any occurrence involving a vessel or its equipment that results in:

  (1) The death of a person;

  (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

  (3) Damage to the vessel and other property totaling more than $200; or

  (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury. See Hawaii Revised Statutes 200-23

• Call: means any communication, message, signal, or transmission. See Hawaii Revised Statutes 138-1
• Car-sharing organization: means a rental motor vehicle lessor that operates a membership program in which:

  (1) Self-service access to a fleet of vehicles is provided, with or without requiring a reservation, exclusively to members of the organization who have paid a membership fee;

  (2) Members are charged a usage rate, either hourly or by the minute, for each use of a vehicle;

  (3) Members are not required to enter into a separate written agreement with the organization each time the member reserves and uses a vehicle; and

  (4) The average paid use period for all vehicles provided by the organization during any taxable period is six hours or less. See Hawaii Revised Statutes 251-1

• carrier: means any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State. See Hawaii Revised Statutes 261E-2
• Cartridge: includes but is not limited to a Taser cartridge. See Hawaii Revised Statutes 134-81
• Certificate: means a certificate of public convenience and necessity issued under this chapter to a Hawaii air carrier. See Hawaii Revised Statutes 261E-2
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Chief executive: means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Chief of police: means the chief of police of the counties of Hawaii, Maui, Kauai, or the city and county of Honolulu. See Hawaii Revised Statutes 134-1
• Chief of police: means the chief of police of the respective counties and their authorized representatives. See Hawaii Revised Statutes 135-1
• Civil service: includes all positions within a jurisdiction that are not exempted by § 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit. See Hawaii Revised Statutes 76-11
• Civil service employee: means an employee who has met all requirements for membership in the civil service under § 76-27. See Hawaii Revised Statutes 76-11
• Class: means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and the same pay range may apply to each position allocated to the class. See Hawaii Revised Statutes 76-11
• Coast Guard: means the Coast Guard of the United States, or its successor agency. See Hawaii Revised Statutes 200-23
• college account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256-1
• Commercial high speed boating: means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. See Hawaii Revised Statutes 200-23
• Commercial mobile radio service: means commercial mobile radio service under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, Title 47 United States Code § 151 et seq. See Hawaii Revised Statutes 138-1
• Commission: means the air carrier commission established pursuant to section 261E-4. See Hawaii Revised Statutes 261E-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, Interconnected Voice over Internet Protocol device, indirect communication through a service bureau or call relay service, such as alarm companies, or any other means. See Hawaii Revised Statutes 138-1
• Communications service connection: means each telephone number or a device's unique identifier assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed. See Hawaii Revised Statutes 138-1
• Communications service provider: means an entity that provides communications service to a subscriber. See Hawaii Revised Statutes 138-1
• Compact fluorescent lamp: means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes the following characteristics:
  (1) One base (end cap) of any type, including but not limited to screw, bayonet, two pins, and four pins;
  (2) Integrally ballasted or non-integrally ballasted;
  (3) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• compensation: as used in this part means:
  (A) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;
  (B) Overtime, differentials, and supplementary payments;
  (C) Bonuses and lump sum salary supplements;
  (D) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and
  (E) Retroactive payments of those purposes and nature authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64;
  (2) Bonuses and lump sum salary supplements shall be deemed earned when payable; provided that bonuses or lump sum salary supplements in excess of one-twelfth of compensation for the twelve months before the month in which the bonus or lump sum salary supplement is payable, exclusive of overtime, bonuses, and lump sum salary supplements, shall be deemed earned:

  (A) During the period agreed-upon by the employer and employee, but in any event over a period of no less than twelvemonths; or

  (B) In the absence of an agreement between the employer and the employee, over the twelvemonths before the date on which the bonus or lump sum salary supplement is payable; and
  (3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64. See Hawaii Revised Statutes 88-21.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concealed: means , in relation to a firearm, that the firearm is entirely hidden from view of the public and not discernible by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the firearm. See Hawaii Revised Statutes 134-1
• Continuance: Putting off of a hearing ot trial until a later time.
• continuous carriage: means transportation by air which does not include a stopover of more than twenty-four hours. See Hawaii Revised Statutes 261E-2
• 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.
• Council: means the county council of each county concerned. See Hawaii Revised Statutes 248-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means any county or political subdivision of the State. See Hawaii Revised Statutes 135-1
• Crime of violence: means :
  (1) Any offense under federal or state law or the law of another state, a United States territory, or the District of Columbia that has as an element of the offense the:

  (A) Injury or threat of injury to the person of another; or

  (B) Use, attempted use, or threatened use of physical force against the person or property of another or the creation of a substantial risk of causing bodily injury;
  (2) Reckless endangering in the second degree under section 707-714;
  (3) Terroristic threatening in the second degree under section 707-717;
  (4) Sexual assault in the fourth degree under section 707-733 ;
  (5) Endangering the welfare of a minor in the second degree under section 709-904;
  (6) Endangering the welfare of an incompetent person under section 709-905;
  (7) Harassment under section 711-1106(1)(a);
  (8) Harassment by stalking under section 711-1106. See Hawaii Revised Statutes 134-1
• Criminal offense relating to firearms: means :
  (1) Any criminal offense under this chapter punishable as a misdemeanor;
  (2) Criminally negligent storage of a firearm under section 707-714. See Hawaii Revised Statutes 134-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means a calendar day unless otherwise specified. See Hawaii Revised Statutes 76-11
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the department of agriculture. See Hawaii Revised Statutes 141D-2
• Department: means the department of taxation. See Hawaii Revised Statutes 251-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Department: means the department of human services. See Hawaii Revised Statutes 346-1
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Dependent: A person dependent for support upon another.
• Designated beneficiary: means a designated beneficiary as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Director: means the state director of finance unless otherwise stated or indicated in context. See Hawaii Revised Statutes 248-1
• Director: means the director of finance. See Hawaii Revised Statutes 256B-1
• Director: means the director of human services. See Hawaii Revised Statutes 346-1
• Director: means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director. See Hawaii Revised Statutes 76-11
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Electric gun: includes but is not limited to devices commonly referred to as stun guns and Tasers. See Hawaii Revised Statutes 134-81
• Emergency: means the imminent or actual occurrence of an event, which has the likelihood of causing extensive injury, death, property damage, or impedes the safe and necessary movement of persons or vehicles over public highways, including but not limited to the spillage of hazardous material on a public highway or public place. See Hawaii Revised Statutes 135-1
• Employee: means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. See Hawaii Revised Statutes 378-61
• Employer: means a person who has one or more employees. See Hawaii Revised Statutes 378-61
• 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.
• Ex officio: Literally, by virtue of one's office.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• Federal laws and requirements: means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part. See Hawaii Revised Statutes 200-23
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary organization: means an organization that serves as an intermediary between an individual account holder and the financial institution holding the individual's individual development account funds. See Hawaii Revised Statutes 257-1
• Financial organization: means an organization authorized to do business in the State of Hawaii that is:

  (1) Certified as an insurer by the insurance commissioner;

  (2) Licensed or chartered as a financial institution by the commissioner of financial institutions;

  (3) Chartered by an agency of the federal government;

  (4) Subject to the jurisdiction and regulation of the securities and exchange commission of the federal government; or

  (5) Any other entity otherwise authorized to act in this State as a trustee pursuant to the provisions of the Employee Retirement Income Security Act of 1974, as may be amended from time to time. See Hawaii Revised Statutes 256-1

• Financial organization: means an organization authorized to do business in the State that is:

  (1) Licensed or chartered by the insurance commissioner;

  (2) Licensed or chartered by the commissioner of financial institutions;

  (3) Chartered by an agency of the federal government; or

  (4) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. See Hawaii Revised Statutes 256B-1

• Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
• Firearm accessory: means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of the firearm, the lethality of the firearm, or a shooter's ability to hold or use a firearm. See Hawaii Revised Statutes 134-101
• Firearm industry member: means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. See Hawaii Revised Statutes 134-101
• Firearm precursor part: means any forging, casting, printing, extrusion, machined body, or similar article that has reached a state in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted. See Hawaii Revised Statutes 134-101
• Firearm receiver: includes any object or part that is not a firearm frame or receiver in finished form but that is designed or intended to be used for that purpose and may readily be made into a firearm frame or receiver through milling or other means. See Hawaii Revised Statutes 134-1
• Firearm-related product: means a firearm, ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:
  (1) The item is sold, made, or distributed in the State;
  (2) The item is intended to be sold or distributed in the State; or
  (3) The item is or was possessed in the State and it was reasonably foreseeable that the item would be possessed in the State. See Hawaii Revised Statutes 134-101
• Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. See Hawaii Revised Statutes 132D-2
• 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}
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive from justice: means any person (1) who has fled from any state, territory, the District of Columbia, or possession of the United States, to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding or (2) who has fled from any country other than the United States and is avoiding lawful extradition back to that country. See Hawaii Revised Statutes 134-1
• fund: means the special fund established by section 138-3. See Hawaii Revised Statutes 138-1
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government entity: means any department, unit, or agency, of the federal, state, or county governments. See Hawaii Revised Statutes 137-1
• 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.
• 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.
• Individual development account: means an optional, interest bearing, subsidized, tax-benefitted account used exclusively for the purpose of paying the qualified expenditure of an eligible individual as determined by the fiduciary organization. See Hawaii Revised Statutes 257-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interconnected Voice over Internet Protocol: means a service that:

  (1) Enables real-time, two-way voice communications;

  (2) Requires a broadband connection from the user's location;

  (3) Requires internet protocol-compatible customer premises equipment; and

  (4) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. See Hawaii Revised Statutes 138-1

• 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.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• 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.
• laser pointing device: means any hand-held laser device, which is not designed as a sighting device for a weapon nor for use in a medical procedure. See Hawaii Revised Statutes 136-1
• Law clerk: Assist judges with research and drafting of opinions.
• Law enforcement agency: means any county police department, the department of law enforcement, the department of the attorney general, the division of conservation and resources enforcement of the department of land and natural resources, and any other state or county public body that employs law enforcement officers. See Hawaii Revised Statutes 134-81
• Law enforcement officer: means :
  (1) A police officer employed by a county police department;
  (2) A public safety officer employed by the department of public safety; or
  (3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers. See Hawaii Revised Statutes 139-1
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legatee: A beneficiary of a decedent
• Legislative body: means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council in the case of the city and county of Honolulu; and the respective county councils in the case of the counties of Hawaii, Maui, and Kauai. See Hawaii Revised Statutes 76-11
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Length: means the measurement of a vessel from end to end over the deck. See Hawaii Revised Statutes 200-23
• Lessee: means a lessee under a lease issued by or transferred to the department or any tenant, licensee, grantee, permittee, assignee, or other person authorized to conduct an agricultural enterprise by the board or department. See Hawaii Revised Statutes 141D-2
• Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 251-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a person licensed to sell, offer to sell, distribute, or otherwise transfer electric guns and cartridges pursuant to section 134-83. See Hawaii Revised Statutes 134-81
• Lien: A claim against real or personal property in satisfaction of a debt.
• Linear fluorescent lamp: means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
  (1) Two bases (end caps) of any type, including but not limited to single-pin, two-pin, and recessed double contact;
  (2) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• loaded firearm: means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm. See Hawaii Revised Statutes 134-1
• Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
• Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
• Member of the family: means a family member as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Merit appeals board: means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board. See Hawaii Revised Statutes 76-11
• 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.
• Nonqualified withdrawal: means a withdrawal from an account that is not:

  (1) Used for qualified higher education expenses of the designated beneficiary;

  (2) Made on account of the death or disability of the designated beneficiary; or

  (3) Made on the account of a scholarship (or allowance or payment described in section 135(d)(1)(B) or (C) of the Internal Revenue Code of 1986, as amended) received by the designated beneficiary, to the extent the withdrawal does not exceed the amount of the scholarship, allowance, or payment. See Hawaii Revised Statutes 256-1

• 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.
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 200-1
• Operate: means to navigate or otherwise use a vessel on or in the waters of the State. See Hawaii Revised Statutes 200-23
• Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, that owns or controls the real property. See Hawaii Revised Statutes 135-1
• Parasailing: means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• 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 an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 134-81
• Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
• Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Hawaii Revised Statutes 378-61
• Personal property: All property that is not real property.
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the college savings program. See Hawaii Revised Statutes 256-1
• Program: means the Hawaii ABLE savings program established under this chapter. See Hawaii Revised Statutes 256B-1
• Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
• Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
• Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
• Public body: means :

  (1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government;

  (2) An agency, board, commission, committee, council, member, or employee of the legislative branch of the state government;

  (3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof;

  (4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;

  (5) A law enforcement agency or any member or employee of a law enforcement agency; or

  (6) The judiciary and any member or employee of the judiciary. See Hawaii Revised Statutes 378-61

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public highway: means all state and county roads, alleys, streets, ways, lanes, bikeways, and bridges. See Hawaii Revised Statutes 135-1
• 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 safety agency: means a functional division of the State or a county that provides or has authority to provide, or a private entity contracted by a state or county agency that provides, firefighting, law enforcement, ambulance, medical, or other emergency services. See Hawaii Revised Statutes 138-1
• Public safety answering point: means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls. See Hawaii Revised Statutes 138-1
• Qualified higher education expenses: means any qualified higher education expense defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Qualified withdrawal: means withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256-1
• Quorum: The number of legislators that must be present to do business.
• Rates: includes rates, fares, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 261E-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable controls: means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
  (1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under federal or state law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully;
  (2) Prevent the loss or theft of a firearm-related product from the firearm industry member; and
  (3) Ensure that the firearm industry member complies with all provisions of federal or state law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. See Hawaii Revised Statutes 134-101
• Recess: A temporary interruption of the legislative business.
• Recipient: means the person for whose use and benefit services are rendered or a grant of public assistance is made. See Hawaii Revised Statutes 346-1
• Related company: means a company or persons that directly, or indirectly through one or more subsidiaries, affiliates, or a holding company, controls or is controlled by, or is under common control with, a Hawaii air carrier. See Hawaii Revised Statutes 261E-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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reseller: means a person or entity that purchases communications service from a communications service provider for the purpose of reselling communications service to end-users. See Hawaii Revised Statutes 138-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• revolver: means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas. See Hawaii Revised Statutes 134-1
• Search and rescue expenses: include the following expenses incident to, and incurred by, a government entity or any person or private entity in a search or rescue operation:

  (1) Any and all actual hourly wages, salaries, and employment-related benefits, of persons participating in a search or rescue operation;

  (2) Any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;

  (3) Any and all fuel expenses incident to a search or rescue operation;

  (4) Any and all other expenses relating to a search and rescue operation. See Hawaii Revised Statutes 137-1

• Secretary: means the Secretary of the United States Department of the Treasury. See Hawaii Revised Statutes 256B-1
• Semiautomatic: means the mode of operation by which a firearm uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of a trigger. See Hawaii Revised Statutes 134-1
• 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.
• Sewer worker: means an employee of any county who is employed in any of the following classifications or classifications performing substantially the same work under classification titles not listed in this definition:
  (1) Sewer maintenance helper or wastewater collection system helper;
  (2) Sewer maintenance repairer or wastewater collection system repairer;
  (3) Sewer maintenance working supervisor;
  (4) Sewer maintenance supervisor I or II or wastewater collection system supervisor I or II;
  (5) Wastewater collection system inspection supervisor;
  (6) Wastewater collection system district supervisor;
  (7) Wastewater collection system field services supervisor;
  (8) Gas detector;
  (9) Gas detector helper;
  (10) Gas detection supervisor;
  (11) Cesspool worker;
  (12) Cesspool pumping equipment operator I or II;
  (13) Cesspool pumping supervisor; or

  in any combination of these classifications. See Hawaii Revised Statutes 88-21

• Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
• State: means the State of Hawaii. See Hawaii Revised Statutes 200-23
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surcharge tax: means the rental motor vehicle and tour vehicle surcharge tax established under this chapter. See Hawaii Revised Statutes 251-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Thrill craft: means any motorized vessel that falls into the category of personal watercraft, and which:

  (1) Is generally less than thirteen feet in length as manufactured;

  (2) Is generally capable of exceeding a speed of twenty miles per hour;

  (3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

  (4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. See Hawaii Revised Statutes 200-23

• Tour vehicle: means any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations. See Hawaii Revised Statutes 251-1
• Tour vehicle operator: means a person who owns, manages, or dispatches tour vehicles. See Hawaii Revised Statutes 251-1
• Traffic accident: means an accident involving motorists, pedestrians, or bicyclists, or a combination, on [a] public highway which impedes the safe and necessary movement of persons or vehicles. See Hawaii Revised Statutes 135-1
• Transfer: includes but is not limited to the granting of temporary possession to another. See Hawaii Revised Statutes 134-81
• Transportation of persons: includes every service in connection with or incidental to the comfort or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 261E-2
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, carriage, preservation, and delivery, and all incidental services affecting these activities. See Hawaii Revised Statutes 261E-2
• Trustee: A person or institution holding and administering property in trust.
• Tuition savings agreement: means an agreement between the director of finance or a financial organization and the account owner. See Hawaii Revised Statutes 256-1
• Unconcealed: means not concealed. See Hawaii Revised Statutes 134-1
• Undocumented vessel: means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States. See Hawaii Revised Statutes 200-23
• university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
• vehicle: means every vehicle which is:

  (1) Self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less; and

  (2) Designed to carry seventeen passengers or fewer. See Hawaii Revised Statutes 251-1

• Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
• Warning or notice: means any warning or notice issued by a government entity posted on any type of sign. See Hawaii Revised Statutes 137-1
• Water sledding: means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.