Terms Used In Hawaii Revised Statutes > Chapter 327E
- 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
- Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
- 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
- Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 327E-2
- 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.
- 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.
- 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
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- 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.
- Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:
(1) The effect of the treatment on the physical, emotional, and cognitive functions of the patient;
(2) The degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of the treatment;
(3) The degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, results in a severe and continuing impairment;
(4) The effect of the treatment on the life expectancy of the patient;
(5) The prognosis of the patient for recovery, with and without the treatment;
(6) The risks, side effects, and benefits of the treatment or the withholding of treatment; and
(7) The religious beliefs and basic values of the individual receiving treatment, to the extent that these may assist the surrogate decision-maker in determining benefits and burdens. See Hawaii Revised Statutes 327E-2
- Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. See Hawaii Revised Statutes 103D-104
- Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. See Hawaii Revised Statutes 327E-2
- Chief procurement officer: means those officials designated by section 103D-203. See Hawaii Revised Statutes 103F-102
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
- Construction: includes alteration, repair, painting, and decorating. See Hawaii Revised Statutes 104-1
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 103D-104
- Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 103F-102
- 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
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 103D-104
- Decedent: A deceased person.
- Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
- Direct labor: means all work required for preparation, processing, or packing of goods or performance of services, but not work relating to supervision, administration, inspection, or shipping. See Hawaii Revised Statutes 103D-1001
- Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Donee: The recipient of a gift.
- Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 327E-2
- 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
- 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.
- 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
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Fair market price: means the price of a product or service paid by a willing buyer to a willing seller, that is reasonably comparable to prices on the open market. See Hawaii Revised Statutes 103D-1001
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Geographic bidding: includes the use of a competitive solicitation which provides for one or more contracts to be awarded on a regional or geographic basis with the State. See Hawaii Revised Statutes 103D-901
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
- Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 103D-104
- 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
- Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
- Hawaii input: includes but is not limited to:
(1) The cost to mine, excavate, produce, manufacture, raise, or grow the materials in Hawaii;
(2) The added value of that portion of the cost of imported materials that is incurred after landing in Hawaii, including but not limited to other articles, materials, and supplies, added to the imported materials;
(3) The cost of labor, variable overhead, utilities, and services, incurred in the production and manufacturing of materials or products in Hawaii; and
(4) Fixed overhead cost and amortization or depreciation cost, if any, for buildings, tools, and equipment, situated and located in Hawaii and used in the production or manufacturing of a product. See Hawaii Revised Statutes 103D-1001
- Hawaii products: means products that are mined, excavated, produced, manufactured, raised, or grown in the State and where the cost of the Hawaii input towards the product exceeds fifty per cent of the total cost of the product; provided that:
(1) Where the value of the input exceeds fifty per cent of the total cost, the product shall be classified as class I; and
(2) Where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in the State, the product shall be classified as class II. See Hawaii Revised Statutes 103D-1001
- 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
- Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:
(1) Selection and discharge of health-care providers and institutions;
(2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and
(3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-care providers or institutions. See Hawaii Revised Statutes 327E-2
- Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 327E-2
- Health-care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327E-2
- Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327E-2
- 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 instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 327E-2
- Industrial oil: means any compressor, turbine, or bearing oil, hydraulic oil, metal working oil or refrigeration oil. See Hawaii Revised Statutes 103D-1302
- Interested persons: means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values. See Hawaii Revised Statutes 327E-2
- Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Hawaii Revised Statutes 103D-104
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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
- Nonexpendable property: means all property having a unit cost and useful life which is set by rules adopted by the policy board. See Hawaii Revised Statutes 103D-1201
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Office paper: includes computer paper, bond paper, ledger paper, xerographic copier paper, envelopes, and other related types of paper on which printing, writing, or drawing is intended. See Hawaii Revised Statutes 103D-1001
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- 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, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327E-2
- Person: means every 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 entities, whether the persons are doing business for themselves or in any agency or fiduciary capacity. See Hawaii Revised Statutes 103D-1001
- Personal property: All property that is not real property.
- Personal property: means all tangible goods, including equipment, materials and supplies, except land, buildings, and improvement to the land. See Hawaii Revised Statutes 103D-1101
- Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327E-2
- Policy board: means the procurement policy board created in section 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
- Power of attorney for health care: means the designation of an agent to make health-care decisions for the individual granting the power. See Hawaii Revised Statutes 327E-2
- Primary physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 327E-2
- Printed material: includes business forms, stationery, business cards, brochures, reports, publications, advertising and promotional collateral, and other related materials, including reports, publications, and related materials commissioned as part of any professional services contract. See Hawaii Revised Statutes 103D-1001
- Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
- Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
- Products: include materials, manufactures, supplies, merchandise, goods, wares, products, and foodstuffs. See Hawaii Revised Statutes 103D-1001
- Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 103D-104
- 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 agency: means any agency of the State or county. See Hawaii Revised Statutes 103D-1001
- Public work: means any project, including development of any housing pursuant to section 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 any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
- 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 community rehabilitation program: means a nonprofit community rehabilitation program for persons with disabilities that:
(1) Is organized and incorporated under the laws of the United States or this State, and located in this State;
(2) Is operated in the interest of and [employs] persons with disabilities;
(3) Does not inure any part of its net income to any shareholder or other individual;
(4) Complies with all applicable occupational health and safety standards required by the federal, state, and county governments; and
(5) Holds a current certificate from the United States Department of Labor pursuant to the Fair Labor Standards Act, Title 29 United States Code section 214(c), and is certified by the state department of labor and industrial relations under section 387-9 and applicable administrative rules relating to the employment of persons with disabilities. See Hawaii Revised Statutes 103D-1001
- 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.
- Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Hawaii Revised Statutes 327E-2
- Recovered material: means waste material and by-products that have been recovered or diverted from solid waste. See Hawaii Revised Statutes 103D-1001
- 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
- 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.
- Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. See Hawaii Revised Statutes 103D-104
- 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
- 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
- Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 103D-104
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Small business: means a business that is independently owned and defined by detailed criteria pursuant to rules adopted by the policy board. See Hawaii Revised Statutes 103D-901
- Software development: means any work related to feasibility studies, system requirements analysis, system design alternatives analysis, system external specifications, system internal specifications, programming, testing, debugging, or implementation for an electronic data processing system. See Hawaii Revised Statutes 103D-1001
- Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327E-2
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Supervising health-care provider: means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Hawaii Revised Statutes 327E-2
- Surplus personal property: includes obsolete, scrap, and excess personal property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1101
- Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1201
- Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. See Hawaii Revised Statutes 327E-2
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- 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
- Trustee: A person or institution holding and administering property in trust.
- university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 103D-104
- 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