Sections
Part I Definitions 339D-1
Part II Electronic Waste Recycling 339D-2 – 339D-6
Part III General Provisions 339D-7 – 339D-12
Part IV Television Recovery System 339D-21 – 339D-27

Terms Used In Hawaii Revised Statutes > Chapter 339D

  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;

         "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee;

         "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions;

         "Joint account" means an account payable on request presently or in the future to one or more of two or more parties whether or not mention is made of any right of survivorship;

         A "multiple-party account" is any of the following types of account:  (1) a joint account, (2) a payable-on-death account, or (3) a trust account. See Hawaii Revised Statutes 560:6-101

  • 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 304A-2170
  • Brand: means a symbol, word, or mark that identifies a covered electronic device or a covered television, rather than any of its components. See Hawaii Revised Statutes 339D-1
  • Chief procurement officer: means those officials designated by section 103D-203. See Hawaii Revised Statutes 304A-2170
  • Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 304A-2170
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • Court: means any duly constituted court. See Hawaii Revised Statutes 560:5-601
  • Covered entity: means any household, government entity, business, or nonprofit organization exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code, regardless of size or place of operation within the State. See Hawaii Revised Statutes 339D-1
  • Department: means the department of health. See Hawaii Revised Statutes 339D-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 304A-2170
  • Informed assent: means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization. See Hawaii Revised Statutes 560:5-601
  • Interested person: means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter. See Hawaii Revised Statutes 560:5-601
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 54-15
  • multiple-party account: is a ny of the following types of account:  (1) a joint account, (2) a payable-on-death account, or (3) a trust account. See Hawaii Revised Statutes 560:6-101
  • New covered electronic device: means a covered electronic device that is manufactured after the effective date of this chapter. See Hawaii Revised Statutes 339D-1
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Hawaii Revised Statutes 560:6-101
  • Person: means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority. See Hawaii Revised Statutes 339D-1
  • Program year: means a full calendar year beginning on or after January 1, 2010, and each calendar year thereafter beginning on January 1. See Hawaii Revised Statutes 339D-1
  • Proof of death: includes a death certificate or record or report which is prima facie proof of death under section 560:1-107;

         "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

         "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

         "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • 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 304A-2170
  • 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 304A-2170
  • Records: include , but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization. See Hawaii Revised Statutes 560:5-601
  • Recover: means to reuse or recycle. See Hawaii Revised Statutes 339D-1
  • Recycling: means processing (including disassembling, dismantling, or shredding) covered electronic devices or covered televisions or their components to recover a useable product; provided that "recycling" does not include any process defined as incineration under applicable laws and rules. See Hawaii Revised Statutes 339D-1
  • Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

         "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

         "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • 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 304A-2170
  • Retailer: means any person who offers covered electronic devices or covered televisions for sale, other than for resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet. See Hawaii Revised Statutes 339D-1
  • sale: means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases. See Hawaii Revised Statutes 339D-1
  • Sterilization: means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce. See Hawaii Revised Statutes 560:5-601
  • Television manufacturer: means a person who:

         (1)  Manufactures for sale in the State a covered television under a brand that it licenses or owns;

         (2)  Manufactures for sale in the State covered televisions without affixing a brand;

         (3)  Resells into the State a covered television manufactured by others under a brand that the seller owns or is licensed to use;

         (4)  Imports into the United States or exports from the United States a covered television for sale in the State;

         (5)  Sells at retail a covered television acquired from an importer described in paragraph (4), and elects to register as the manufacturer for those products;

         (6)  Manufactures covered televisions and supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this State; or

         (7)  Assumes the responsibilities and obligations of a television manufacturer under this chapter. See Hawaii Revised Statutes 339D-1

  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Ward: means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization. See Hawaii Revised Statutes 560:5-601
  • Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Hawaii Revised Statutes 560:6-101