Terms Used In Hawaii Revised Statutes > Chapter 412 - Code of Financial Institutions

• Account: means any of the three accounts created under section 431:16-206(a). See Hawaii Revised Statutes 431:16-205
• Acquisition of a branch: means the acquisition of a branch located in a host state, without engaging in an "interstate merger transaction" as defined in this article. See Hawaii Revised Statutes 412:12-101
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the "Hawaii Meat Inspection Act". See Hawaii Revised Statutes 159-3
• Active ingredient: means :

  (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

  (2) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

  (3) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

  (4) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissues. See Hawaii Revised Statutes 149A-2

• Adherent yolk: means an egg in which the yolk has settled to one side and become fastened to the shell. See Hawaii Revised Statutes 147-71
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Adjustment: means a change in wages, hours, benefits, or other term and condition of employment. See Hawaii Revised Statutes 89C-1.5
• Administrator: means the chief of police of each county or the director of finance of each county and their authorized subordinates charged with the responsibility of administering this chapter;

  "Driver" means every person who is in actual physical control of a motor vehicle;

  "Judgment" means any judgment, order, or decree which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of the United States or any territory or state thereof upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages;

  "Legal owner" has the same meaning prescribed by § 286-2;

  "License" means any license or permit issued or recognized under chapter 286 to operate motor vehicles;

  "Motor vehicle" has the meaning prescribed by § 286-2 and includes trailers and semitrailers designed for use by such vehicles, but does not include road rollers, farm tractors, tractor cranes, power shovels, and well drillers;

  "Nonresident" means every person who is not a resident of the State;

  "Nonresident's operating privilege" means the privilege conferred upon a nonresident by laws of the State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident in this State;

  "Owner" or "registered owner" has the meaning prescribed by § 286-2 to the term "owner";

  "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amounts prescribed by section 294-10(a);

  "Registration" means the certificate of registration issued pursuant to chapter 286;

  "State" except in reference to the State of Hawaii means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Hawaii Revised Statutes 287-1

• Administrator: means the captive insurance administrator established in section 431:19-101. See Hawaii Revised Statutes 431:19-101
• Adulterated: means any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted. See Hawaii Revised Statutes 149A-2
• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. See Hawaii Revised Statutes 150-21
• 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.
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in section 1(b)(1) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• agency: means any state agency within the executive, legislative, and judicial branches, the office of Hawaiian affairs, and any agency within the executive and legislative branches of the several counties. See Hawaii Revised Statutes 90-1
• Agency: means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. See Hawaii Revised Statutes 269E-2
• Aggregate bulk freight: means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as clean sand, gravel, crushed stone, slag, recycled concrete, and geosynthetic aggregates. See Hawaii Revised Statutes 150A-2
• Agricultural commodity: means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, nuts, and coffee, whether cherry or parchment, or green beans, which have been produced in the State, and raw unprocessed honey, whether produced in the State or imported. See Hawaii Revised Statutes 147-1
• Agricultural seed: includes the seed of grass, forage, cereal, and fiber crops and other kinds of seed commonly recognized within the State as agricultural seed and mixtures of these seed. See Hawaii Revised Statutes 150-21
• Agriculture: means the production for consumption within the State and exporting of plant and animal life on land and within ponds and other bodies of water for food, fiber, and raw materials for value-added products, and any agricultural enterprise or enterprises organized for the production of agricultural materials or value-added products based on detailed marketing analysis and strategies to exploit profitable potentials in local, national, and international markets, including general farming, cane growing, fruit growing, flower growing, aquaculture, growing of timber and forest products, apiary, grazing, dairying, and the production of any form of livestock or poultry, and their appurtenant services and facilities. See Hawaii Revised Statutes 163D-2
• Algae: means any plant containing chlorophyll, which lacks true roots, stems, and leaves, and typically inhabits moist habitats, except those algae on or in humans or animals in Hawaii and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• Allegation: something that someone says happened.
• 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.
• Animal: means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish, and shellfish. See Hawaii Revised Statutes 149A-2
• Animal: means any invertebrate or vertebrate species of the animal kingdom including but not limited to mammal, bird, fish, reptile, mollusk, crustacean, insect, mite, and nematode, other than common domestic animal such as dog and cat. See Hawaii Revised Statutes 150A-2
• Animal unit: means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; two colts. See Hawaii Revised Statutes 171-1
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant governing board: means the initial governing board that is:

  (1) Established by an eligible group or entity to submit a charter application pursuant to section 302D-13; and

  (2) Not subject to section 302D-12. See Hawaii Revised Statutes 302D-1

• Appraisal: A determination of property value.
• Appropriate authority: means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, the state public charter school commission, the Hawaii health systems corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. See Hawaii Revised Statutes 89C-1.5
• Appropriate bargaining unit: means the unit designated to be appropriate for the purpose of collective bargaining pursuant to § 89-6. See Hawaii Revised Statutes 89-2
• Appropriate federal regulatory agency: means , with respect to a financial institution or financial institution holding company, any one or more regulatory agencies of the federal government referred to in the following sentence which either (1) insures the deposits of the financial institution or financial institution holding company, or (2) has the power and duty to conduct periodic general examinations of the affairs of the financial institution or financial institution holding company by virtue of the legal characterization of the financial institution or financial institution holding company under federal law, and not by virtue of the fact of affiliation of the financial institution or financial institution holding company with any other person or an alleged violation of a specific law. See Hawaii Revised Statutes 412:1-109
• 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
• Arbitration: means the procedure whereby parties involved in an impasse submit their differences to a third party, whether a single arbitrator or an arbitration panel, for an arbitration decision. See Hawaii Revised Statutes 89-2
• Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Hawaii Revised Statutes 658J-2
• Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Hawaii Revised Statutes 658J-2
• Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Hawaii Revised Statutes 658J-2
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the Hawaii life and disability insurance guaranty association created under § 431:16-206. See Hawaii Revised Statutes 431:16-205
• Association: means two or more members who are engaged in business or activities similar or related to the liability to which these members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations; provided that the members of the association shall be individuals, corporations, limited liability companies, partnerships, associations, or other entities, except labor organizations, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:

  (1) Own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;

  (2) Have complete voting control over an association captive insurance company incorporated as a mutual insurer;

  (3) Constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer; or

  (4) Have complete voting control over an association captive insurance company formed as a limited liability company. See Hawaii Revised Statutes 431:19-101

• Association captive insurance company: means a captive insurance company that insures risks of the member organizations of the association, and that may insure the risks of affiliated entities of the member organizations and the risks of the association itself. See Hawaii Revised Statutes 431:19-101
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
• 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.
• Authorizer: means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. See Hawaii Revised Statutes 302D-1
• Authorizing statute: means any statute which authorizes the issuance of bonds. See Hawaii Revised Statutes 39-161
• Aviary game bird: includes the various species of pheasant which are of rare nature and are generally propagated and raised for its ornamental and aesthetic purposes, but does not pertain to birds raised for food, fighting, baiting, or for similar commercial purposes. See Hawaii Revised Statutes 142-111
• Bacteria: means any prokaryotic or archaeobacterial organism, except those bacteria on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• 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.
• Bank: means any bank as defined in: section 2(c) of the Bank Holding Company Act (12 U. See Hawaii Revised Statutes 412:13-102
• Bank: has the meaning set forth in 12 U. See Hawaii Revised Statutes 412:12-101
• Bank Holding Company Act: means the federal Bank Holding Company Act of 1956, as amended (12 U. See Hawaii Revised Statutes 412:13-102
• Bank supervisory agency: means :

  (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;

  (2) Any agency of another state with primary responsibility for chartering and supervising banks; and

  (3) Any agency of a country (including any colonies, dependencies, possessions, or political subdivisions thereof) other than the United States with primary responsibility for chartering and supervising banks. See Hawaii Revised Statutes 412:13-102

• Bank supervisory agency: means :

  (1) Any agency of another state with primary responsibility for chartering and supervising banks; and

  (2) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies. See Hawaii Revised Statutes 412:12-101

• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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.
• Biosecurity: means a system that serves to protect the health of livestock, poultry, and humans from diseases, pests, and pathogens and measures that prevent disease causing agents from entering, spreading, or leaving the farm premises. See Hawaii Revised Statutes 155-1
• Black rot: means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance before the candle. See Hawaii Revised Statutes 147-71
• Blood ring: means an egg which contains blood. See Hawaii Revised Statutes 147-71
• Board: means the board of directors of the agribusiness development corporation. See Hawaii Revised Statutes 163D-2
• Board: means the Hawaii labor relations board created pursuant to § 89-5. See Hawaii Revised Statutes 89-2
• Board: means board of agriculture. See Hawaii Revised Statutes 149A-2
• Board: means the board of agriculture. See Hawaii Revised Statutes 150A-2
• Board: means the board of education. See Hawaii Revised Statutes 302D-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
• Board: means the board of agriculture of the State. See Hawaii Revised Statutes 159-3
• Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 39-51
• Bonds: means any bonds, notes, and other instruments of indebtedness, or lease, lease purchase, or certificates of participation, or other evidence of indebtedness for which a security interest is granted or a pledge made upon revenue or other property to provide for payment or security. See Hawaii Revised Statutes 39-161
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-31
• Branch: means a place of business of a bank, other than its main office, which is open to the public and at which deposits are received and paid. See Hawaii Revised Statutes 412:12-101
• Branch: when used in reference to an office of a foreign bank, has the same meaning as is set forth in section 1(b)(3) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Business: includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect. See Hawaii Revised Statutes 289-1
• Capital: means :

  (1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

  (2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

• Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
• Car-sharing delivery period: means the period of time during which a shared car is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Car-sharing period: means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time. See Hawaii Revised Statutes 279L-1
• Car-sharing program agreement: means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing start time: means the time the shared car driver obtains operation, use, or control of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing termination time: means the latest of the following events:
  (1) The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;
  (2) When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;
  (3) When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;
  (4) When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;
  (5) When the shared car driver receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or
  (6) When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car. See Hawaii Revised Statutes 279L-1
• Carrying capacity: means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land. See Hawaii Revised Statutes 171-1
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Cash freehold: means a right of possession to land under an agreement called a freehold agreement under section 73 of the Hawaiian Organic Act. See Hawaii Revised Statutes 171-97
• Catalytic converter: means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions, regardless of whether the device has been removed from a motor vehicle's exhaust system. See Hawaii Revised Statutes 289-1
• causes to be shipped: means to send by any means of transportation, including by vessel, vehicle, or aircraft. See Hawaii Revised Statutes 245-1
• Cement bulk freight: means unpackaged, homogenous cement, without mark or count, that is usually free-flowing and bought and sold by weight or volume. See Hawaii Revised Statutes 150A-2
• Center: means the one call center. See Hawaii Revised Statutes 269E-2
• Center: means any center organized as an independent nonprofit educational corporation duly established under the laws of this State, whose principal purpose is to facilitate the resolution of international business, trade, commercial, and other disputes between persons by means of arbitration, mediation, conciliation, and other means as an alternative to the resort to litigation. See Hawaii Revised Statutes 658D-5
• Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Hawaii Revised Statutes 271-4
• Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by water. See Hawaii Revised Statutes 271G-5
• Certificate of occupation: means an instrument preliminary to a homestead lease, giving the applicant possession of land. See Hawaii Revised Statutes 171-97
• Certification: means the act of applying the official certificate or official mark by persons performing official functions under this chapter. See Hawaii Revised Statutes 159-3
• Certified pesticide applicator: means any individual who is certified under section 149A-33(1) as authorized to use or supervise the use of any pesticide which is classified for restricted use. See Hawaii Revised Statutes 149A-2
• Chairperson: means chairperson of the board of agriculture or the chairperson's authorized agents. See Hawaii Revised Statutes 148-1
• Chairperson: means chairperson of the board of agriculture. See Hawaii Revised Statutes 149A-2
• Chairperson: means the chairperson of the board of agriculture, or the chairperson's duly authorized agents. See Hawaii Revised Statutes 150A-2
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 171-1
• Chambers: A judge's office.
• Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
• Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 271G-5
• charter: means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Hawaii Revised Statutes 302D-1
• Charter application: means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status. See Hawaii Revised Statutes 302D-1
• Child-related dispute: means a family law dispute regarding child custody, visitation, or financial support regarding a child, under section 571-46, § 576D-7, or chapter 583A. See Hawaii Revised Statutes 658J-2
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Hawaii Revised Statutes 245-1
• Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under § 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Coal bulk freight: means unpackaged, homogenous coal, without mark or count, that is usually free-flowing, bought and sold by weight or volume, and used as a fuel. See Hawaii Revised Statutes 150A-2
• Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, that:

  (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

  (2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. See Hawaii Revised Statutes 658G-2

• Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
• Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

  (1) Sign a collaborative law participation agreement; and

  (2) Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

• Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
• Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
• Collective bargaining: means the performance of the mutual obligations of the public employer and an exclusive representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment, except that by any such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. See Hawaii Revised Statutes 89-2
• Commercial carrier: means any person owning, controlling, operating, or managing any vehicle, directly or indirectly, for public use in the transportation of goods or passengers for compensation over land or water, or by air. See Hawaii Revised Statutes 159-3
• Commercial pesticide applicator: means any certified pesticide applicator, whether or not the applicator is a private pesticide applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by section 149A-2. See Hawaii Revised Statutes 149A-2
• Commission: means the [commission for national and community service]. See Hawaii Revised Statutes 90D-1
• Commission: means the public utilities commission. See Hawaii Revised Statutes 269E-2
• Commission: means the public utilities commission. See Hawaii Revised Statutes 271-4
• Commission: means the public utilities commission. See Hawaii Revised Statutes 271G-5
• Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Committee: means the one call center advisory committee. See Hawaii Revised Statutes 269E-2
• Common carrier by motor vehicle: means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 271-4
• common carrier by water: means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State. See Hawaii Revised Statutes 271G-5
• Common stock: means all capital stock of a financial institution or other corporation that is not preferred stock. See Hawaii Revised Statutes 412:1-109
• Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
• Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Concurrent trial: means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction or emergency period infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. See Hawaii Revised Statutes 291D-2
• Conservator: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for a temporary period in order to preserve and protect the assets of the institution for the benefit of its depositors, beneficiaries, creditors, and shareholders or members. See Hawaii Revised Statutes 412:1-109
• Consumer: means any person purchasing eggs for the person's own family use or consumption, or a restaurant, hotel, boarding house, bakery, or other institution purchasing eggs for serving to guests or patrons, or for its or their use in cooking or baking. See Hawaii Revised Statutes 147-71
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract carrier by motor vehicle: means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in the definition of "common carrier by motor vehicle") under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:
  (1) Through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or
  (2) Designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 271-4
• Contractual commitment to advance funds: means

  (1) an obligation to make payments, directly or indirectly, to a third party contingent upon default by the financial institution's customer in the performance of an obligation under the terms of that customer's contract with the third party or upon some other stated condition, or

  (2) an obligation to guarantee or stand as surety for the benefit of a third party. See Hawaii Revised Statutes 412:1-109

• Control: shall be construed consistently with the provisions of section 2(a)(2) of the Bank Holding Company Act (12 U. See Hawaii Revised Statutes 412:13-102
• Control: shall be construed consistently with 12 U. See Hawaii Revised Statutes 412:12-101
• Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

  (1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

  (2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

  (3) Owning or having the power to vote ten per cent or more of any class of voting securities if:

  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or

  (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

  (4) Having the power to elect by any means a majority of the directors; or

  (5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

• Controlled unaffiliated business: means , in the case of a pure captive insurance company, any person:

  (1) That is not in the corporate system of a parent and its affiliated entities;

  (2) That has an existing contractual relationship with a parent or one of its affiliated entities; and

  (3) Whose risks are managed by the pure captive insurance company. See Hawaii Revised Statutes 431:19-101

• Conversion charter school: means :

  (1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-13; or

  (2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-13. See Hawaii Revised Statutes 302D-1

• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a nonprofit association of farmers organized under chapter 421. See Hawaii Revised Statutes 155-1
• Coordinating entrepreneur: means a qualified person capable of organizing, operating, and assuming the risk for enterprises that may include securing land and seed capital, locating farmers, arranging right-to-till agreements, supplying materials, maintaining equipment and infrastructure, and providing for the processing and marketing of products. See Hawaii Revised Statutes 163D-2
• Corporation: means the agribusiness development corporation. See Hawaii Revised Statutes 163D-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.
• Cost items: means all items agreed to in the course of collective bargaining that an employer cannot absorb under its customary operating budgetary procedures and that require additional appropriations by its respective legislative body for implementation. See Hawaii Revised Statutes 89-2
• Counterclaim: A claim that a defendant makes against a plaintiff.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means the counties of Honolulu, Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 88F-1
• County: means the counties of Hawaii, Kauai, and Maui, and the city and county of Honolulu. See Hawaii Revised Statutes 291J-1
• Court: means the family court of this State. See Hawaii Revised Statutes 658J-2
• Coventure: means an investment by the corporation in qualified securities of an enterprise in which a substantial investment is also being made or has been made by a professional investor to provide seed capital to an enterprise. See Hawaii Revised Statutes 163D-2
• Damage: means :

  (1) The substantial weakening of the structural or lateral support of a subsurface installation;

  (2) The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or

  (3) The partial or complete severance of a subsurface installation. See Hawaii Revised Statutes 269E-2

• 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 89-2
• De novo branch: means a branch of a bank located in a host state which:

  (1) Is originally established by the bank as a branch; and

  (2) Does not become a branch of the bank as a result of (A) the acquisition of another bank or a branch of another bank, or (B) the merger, consolidation, or conversion involving any bank or branch. See Hawaii Revised Statutes 412:12-101

• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, causing or without causing abscission. See Hawaii Revised Statutes 149A-2
• Demolition: means the wrecking, razing, rendering, movement, or removal of a structure or mass of material by means of tools, equipment, or the placement and discharge of explosives. See Hawaii Revised Statutes 269E-2
• Department: means the department of taxation. See Hawaii Revised Statutes 245-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 142-101
• Department: means the department of agriculture. See Hawaii Revised Statutes 142-111
• Department: means the department of agriculture. See Hawaii Revised Statutes 147-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 147-111
• Department: means the department of agriculture. See Hawaii Revised Statutes 147-122
• Department: means the department of agriculture. See Hawaii Revised Statutes 148-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 155-31
• Department: means department of agriculture. See Hawaii Revised Statutes 149A-2
• Department: means any state department, board, commission, officer, authority, or agency (other than a "municipality" defined by § 49-1 ) which is charged by law with the administration of an undertaking or loan program. See Hawaii Revised Statutes 39-51
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-31
• Department: means the department of transportation. See Hawaii Revised Statutes 279J-1
• Department: means the Hawaii department of agriculture. See Hawaii Revised Statutes 150-21
• Department: means the department of agriculture. See Hawaii Revised Statutes 150A-2
• Department: means the department of transportation. See Hawaii Revised Statutes 291J-1
• Department: means the department of education. See Hawaii Revised Statutes 302D-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 171-1
• Department: means the department of agriculture of the State. See Hawaii Revised Statutes 159-3
• Department head: means any officer having charge of a department for which there is no governing body. See Hawaii Revised Statutes 39-51
• Department school: means any school that falls within the definition of "public schools" as defined in § 302A-101 and that is not a charter school. See Hawaii Revised Statutes 302D-1
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in section 3(c)(2) and (3) of the Federal Deposit Insurance Act (12 U. See Hawaii Revised Statutes 412:13-102
• Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
• deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues. See Hawaii Revised Statutes 149A-2
• Device: means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any form of plant or animal life (other than humans and other than bacteria, viruses, or other microorganisms on or living in humans or other animals); but not including equipment used for application of pesticides when sold separately therefrom. See Hawaii Revised Statutes 149A-2
• Devise: To gift property by will.
• Digital network: means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables prearranged rides with transportation network company drivers. See Hawaii Revised Statutes 279J-1
• Direct investment: means an investment by the corporation in qualified securities of an enterprise in which no investment is being or has been made by a professional investor to provide seed capital to the enterprise. See Hawaii Revised Statutes 163D-2
• Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
• Director: means the director of transportation. See Hawaii Revised Statutes 279J-1
• Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 289-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
• District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
• Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
• Docket: A log containing brief entries of court proceedings.
• Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 271-4
• Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 271G-5
• Donee: The recipient of a gift.
• Eggs: means chicken eggs in the following forms:
  (1) Uncooked in the shell; and
  (2) Liquid, frozen, or dried whole egg meats, whites of eggs or egg yolks. See Hawaii Revised Statutes 147-71
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 269E-2
• Emergency period infraction: means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. See Hawaii Revised Statutes 291D-2
• Employee: means a part-time, temporary, seasonal or casual employee, as defined by rules of the board of trustees, who is not eligible to participate in the employees' retirement system of the State under chapter 88. See Hawaii Revised Statutes 88F-1
• employee: means any individual who is employed by an appropriate authority and is not included in an appropriate bargaining unit under § 89-6 and, therefore, is not entitled to collective bargaining coverage under chapter 89. See Hawaii Revised Statutes 89C-1.5
• Employee organization: means any organization of any kind in which public employees participate and which exists for the primary purpose of dealing with public employers concerning grievances, labor disputes, wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment of public employees. See Hawaii Revised Statutes 89-2
• Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271-4
• Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271G-5
• Enterprise: means a business with its principal place of business in Hawaii, which is, or proposes to be, engaged in agricultural crop development, development of new value-added products, enhancement of existing agricultural commodities, and the application of existing agricultural appurtenant facilities to productive uses; provided that the majority of whatever the corporation produces shall be produced for export. See Hawaii Revised Statutes 163D-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
• Environment: includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. See Hawaii Revised Statutes 149A-2
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 149A-2
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 269E-2
• Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 269E-2
• Exclusive representative: means the employee organization certified by the board under section 89-8 as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership. See Hawaii Revised Statutes 89-2
• Executive director: means the executive director of the state public charter school commission. See Hawaii Revised Statutes 302D-1
• Executor: A male person named in a will to carry out the decedent
• Exotic animal: means any cloven-hoofed ruminant animal considered feral in nature, other than domestic cattle, sheep, goats, or equines. See Hawaii Revised Statutes 159-3
• Failing financial institution: means a Hawaii financial institution or a federal financial institution whose operations are principally conducted in this State, and which:

  (1) Is insolvent or has failed to make good an impairment of its capital and surplus as provided in § 412:2-314;

  (2) Has incurred or is likely to incur losses that will deplete all or substantially all of its capital and surplus, and there is no reasonable prospect for such capital and surplus to be replenished without federal assistance; or

  (3) Has violated or is violating laws, rules or regulations, or has committed or is committing an unsafe or unsound practice, and such violation or practice is likely to cause insolvency or a substantial dissipation of assets or is likely to severely weaken the institution's condition or otherwise seriously prejudice the interests of its depositors. See Hawaii Revised Statutes 412:2-500

• 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.
• Family law dispute: means a contested issue arising under the family and domestic relations laws of this State. See Hawaii Revised Statutes 658J-2
• Farm land: means land used for agricultural purposes, including general farming, cane growing, fruit growing, flower growing, grazing, dairying, the production of any form of livestock or poultry, and any other form of agricultural activity. See Hawaii Revised Statutes 155-1
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal agency: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to section 4 of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to section 4 of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Hawaii Revised Statutes 412:13-102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal financial institution: means a national banking association, federal savings bank, federal savings and loan association or federal credit union. See Hawaii Revised Statutes 412:1-109
• Federal Home Loan Bank: means a federal home loan bank created and organized under the authority of the Federal Home Loan Bank Act. See Hawaii Revised Statutes 412:1-109
• Federal Meat Inspection Act: means the Act so entitled, approved March 4, 1907 (34 Stat. See Hawaii Revised Statutes 159-3
• Federal Reserve Bank: means a federal reserve bank created and organized under the authority of the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve Board: means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See Hawaii Revised Statutes 149A-2
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
• Financial institution holding company: means a holding company which controls a Hawaii financial institution or which controls another financial institution holding company. See Hawaii Revised Statutes 412:1-109
• Financial institution subsidiary: means :

  (1) a financial institution that is controlled by a financial institution holding company, or

  (2) a financial institution holding company that is controlled by another holding company. See Hawaii Revised Statutes 412:1-109

• Fiscal year: means the twelve months' period beginning on July 1 of one calendar year and ending on June 30 of the next succeeding calendar year. See Hawaii Revised Statutes 39-91
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Food manufacturers: means entities that process Hawaii-grown agricultural products or that utilize Hawaii-grown agricultural products as an ingredient in the manufacturing process. See Hawaii Revised Statutes 155-1
• 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}
• Foreign bank: has the meaning set forth in 12 U. See Hawaii Revised Statutes 412:12-101
• Foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Hawaii Revised Statutes 412:13-102
• Foreign financial institution: means a person, other than a Hawaii financial institution or a federal financial institution whose operations are principally conducted in this State, which is authorized to engage under the laws of its jurisdiction of organization, or does engage, in the business of accepting deposits or making loans or engaging in the trust business. See Hawaii Revised Statutes 412:1-109
• Fraud: Intentional deception resulting in injury to another.
• Freeholder: means a person holding land under a freehold agreement. See Hawaii Revised Statutes 171-97
• Freight: means nonpassenger goods, cargo, or lading, transported for pay. See Hawaii Revised Statutes 150A-2
• Fund: means the Hawaii agricultural development revolving fund. See Hawaii Revised Statutes 163D-2
• 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.
• Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer that:

  (1) Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;

  (2) Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;

  (3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and

  (4) Ensures compliance with applicable state and federal laws. See Hawaii Revised Statutes 302D-1

• Governing body: means any board, commission, agency, authority, public corporation, instrumentality, or other body consisting of more than one person, having charge of a department. See Hawaii Revised Statutes 39-51
• Governmental unit: means the State of Hawaii, and any state department, board, commission, officer, authority, agency, public corporation, or instrumentality, or the judiciary. See Hawaii Revised Statutes 39-161
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hawaii bank: means a Hawaii state bank or a Hawaii national bank. See Hawaii Revised Statutes 412:13-102
• Hawaii bank: means a bank whose home state is Hawaii. See Hawaii Revised Statutes 412:12-101
• Hawaii financial institution: means :

  (1) A corporation or credit union that holds a charter or license under this chapter or under prior Hawaii law, authorizing it to accept deposits, to make loans in excess of the rates permitted in chapter 478, or to engage in the business of a trust company; or

  (2) A resulting bank as defined in article 12,

  and includes a corporation or credit union existing and chartered as a Hawaii financial institution or licensed to transact business in this State on July 1, 1993. See Hawaii Revised Statutes 412:1-109

• Hawaii representative office: means a representative office that is located in this State. See Hawaii Revised Statutes 412:13-102
• Hawaii state agency: when used in reference to an office of a foreign bank, means an agency of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
• Hawaii state bank: means a bank organized under the laws of Hawaii. See Hawaii Revised Statutes 412:13-102
• Hawaii state bank: means a bank chartered under the laws of Hawaii. See Hawaii Revised Statutes 412:12-101
• Hawaii state branch: when used in reference to an office of a foreign bank, means a branch of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
• Hearing: means a proceeding conducted by the district court pursuant to § 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed. See Hawaii Revised Statutes 291D-2
• Highway: means the public roads, highways, streets, and ways in this State. See Hawaii Revised Statutes 271-4
• Holder of record having a security interest: is a person who is the owner or possessor of a security interest in any land covered in § 171-21 and who has filed with the bureau of conveyances of the State and with the department a copy of the interest. See Hawaii Revised Statutes 171-1
• Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
• Home state: means :

  (1) With respect to a state bank, the state by which the bank is chartered;

  (2) With respect to a national bank, the state in which the main office of the bank is located; and

  (3) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U. See Hawaii Revised Statutes 412:12-101

• Home state regulator: means , with respect to an out-of-state state bank, the bank supervisory agency of the state in which the bank is chartered. See Hawaii Revised Statutes 412:12-101
• Homestead lease: means a lease of land made for a term of nine hundred and ninety-nine years, under provisions of law which were repealed by section 3 of Joint Resolution 12, Session Laws of 1949, ratified by the Congress of the United States by the Act of September 1, 1950 (64 Stat. See Hawaii Revised Statutes 171-97
• Host state: means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain a branch. See Hawaii Revised Statutes 412:12-101
• Identification leg band: means the band placed around the pigeon's leg identifying the owner by name or initials or containing numbers or letters or a combination thereof. See Hawaii Revised Statutes 142-101
• immediate family: means the spouse of an individual, the individual's minor children, and any of the individual's children (including adults) residing in the individual's home. See Hawaii Revised Statutes 412:1-109
• Imminent hazard: means a situation which exists when the continued use of a pesticide during the time required for a cancellation proceeding would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under the Endangered Species Act. See Hawaii Revised Statutes 149A-2
• Impaired insurer: means a member insurer that after July 1, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Hawaii Revised Statutes 431:16-205
• Impasse: means failure of a public employer and an exclusive representative to achieve agreement in the course of collective bargaining. See Hawaii Revised Statutes 89-2
• Import: means shipment to the State from any point outside of the State. See Hawaii Revised Statutes 150A-2
• In concert with another: means

  (1) knowing participation in a joint activity or interdependent conscious parallel action towards a common goal whether or not pursuant to an express agreement; or

  (2) a combination or pooling of voting or other interests in the securities of an issuer for a common purpose pursuant to any contract, understanding, relationship, agreement, or other arrangement, whether written or otherwise. See Hawaii Revised Statutes 412:1-109

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Ingredient statement: means :

  (1) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and

  (2) In case the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic. See Hawaii Revised Statutes 149A-2

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inquiry identification number: means the number issued by the center to every excavator who contacts the center for the purpose of excavating. See Hawaii Revised Statutes 269E-2
• Insect: means invertebrate animals belonging to the class insecta, including beetles, bugs, bees, flies, and other allied classes of arthropods, including spiders, mites, ticks, centipedes, and wood lice. See Hawaii Revised Statutes 149A-2
• Insect: means an invertebrate animal belonging to the class Insecta, including beetle, bug, fly, and other arthropods, such as spider, mite, tick, centipede, and wood louse. See Hawaii Revised Statutes 150A-2
• Insolvency: means , with respect to a financial institution, that the value of its assets is insufficient to pay its depositors and its creditors. See Hawaii Revised Statutes 412:1-109
• Insolvent insurer: means a member insurer that after July 1, 1988, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Hawaii Revised Statutes 431:16-205
• Inspect: means to examine material to ascertain the presence or absence of quarantine pests and to otherwise determine compliance with the provisions of this chapter or any rule adopted under this chapter. See Hawaii Revised Statutes 150A-2
• Inspector: means any employee or official of the department authorized by the board to administer and enforce the provisions of this law. See Hawaii Revised Statutes 150A-2
• Inspector: means any meat inspector of the State. See Hawaii Revised Statutes 159-3
• Institution-affiliated party: means any of the following:

  (1) Any director, officer, employee or controlling shareholder of, or agent for, or other person that controls a financial institution;

  (2) Any person who has filed or is required to file an application to become a financial institution with the commissioner or an application to acquire control of a Hawaii financial institution or financial institution holding company with the commissioner;

  (3) Any shareholder, consultant, joint venture partner, and any other person as determined by the commissioner (by rule or case-by-case) who participates in the conduct of the affairs of a financial institution; or

  (4) Any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in any of the following which caused or is likely to cause more than a minimal financial loss to, or a significant adverse effect on, the financial institution:

  (A) Any violation of law or rule,

  (B) Any breach of fiduciary duty, or

  (C) Any unsafe or unsound practice. See Hawaii Revised Statutes 412:1-109

• Integrated pest management: means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. See Hawaii Revised Statutes 149A-2
• 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}
• international banking corporation: means a corporation which has authority to operate as an international banking corporation under this part and has been required to use the term "international banking corporation" or such other term approved by the commissioner and containing the word "international" "foreign" "overseas" or some similar word as part of its name. See Hawaii Revised Statutes 412:5A-200
• Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See Hawaii Revised Statutes 412:13-102
• Interstate branch: means a branch of a bank or a branch of a foreign bank, as the context may require, which is established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. See Hawaii Revised Statutes 412:13-102
• Interstate merger transaction: means :

  (1) The merger or consolidation of banks with different home states, and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or

  (2) The purchase of all or substantially all of the assets (including all or substantially all of the branches) of a bank whose home state is different from the home state of the acquiring bank. See Hawaii Revised Statutes 412:12-101

• Intestate: Dying without leaving a will.
• Intrastate commerce: means commerce within the State. See Hawaii Revised Statutes 159-3
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, and the Hawaii health systems corporation. See Hawaii Revised Statutes 89-2
• 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.
• Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, barley, lettuce, and alfalfa. See Hawaii Revised Statutes 150-21
• Label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any meat or meat products, or other products. See Hawaii Revised Statutes 159-3
• Label: means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. See Hawaii Revised Statutes 149A-2
• Label: means the written, printed, or graphic matter upon the container of any article as pertaining to plant quarantine laws and regulations. See Hawaii Revised Statutes 150A-2
• Labeling: means all labels and other written, printed, or graphic matter upon any meat or meat products or any of its containers or wrappers, or accompanying the meat or meat products. See Hawaii Revised Statutes 159-3
• Labeling: means all labels and other written, printed, or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and the Interior, the United States Department of Health and Human Services, state experiment stations, state agriculture colleges, or other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. See Hawaii Revised Statutes 149A-2
• labeling: includes all written, printed, or graphic representations in any form whatsoever, accompanying or pertaining to any seed, whether in bulk or in containers, and includes representations on invoices. See Hawaii Revised Statutes 150-21
• Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
• Land agent: means the land agent of the public lands of the district where the land is situated. See Hawaii Revised Statutes 171-1
• Land license: means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants, but not including water rights, ground or surface, nor removal of minerals. See Hawaii Revised Statutes 171-1
• Land patent: means a government grant of real estate in fee simple. See Hawaii Revised Statutes 171-1
• Law firm: means :

  (1) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

  (2) Lawyers employed in a legal services organization;

  (3) Lawyers employed in the legal department of a corporation or other organization; or

  (4) Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality. See Hawaii Revised Statutes 658G-2

• 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}
• Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• 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 89-2
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the process of being allowed to register a pesticide product pursuant to provisions of this chapter. See Hawaii Revised Statutes 149A-2
• Licensee: means a person issued a license under part III of this chapter. See Hawaii Revised Statutes 159-3
• Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
• Licensee: means a person who has been licensed to register a product pursuant to provisions of this chapter. See Hawaii Revised Statutes 149A-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited branch: means a branch of a foreign bank that accepts only those deposits as would be permissible for a corporation organized under section 25A of the Federal Reserve Act in accordance with section 5(a)(7) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
• Liquid bulk freight: means unpackaged, homogenous liquid goods, without mark or count, that are usually free-flowing and bought and sold by weight or volume, such as oil, or other complex mixture of petroleum hydrocarbons, bituminous liquids such as asphalt, gasoline, and fuel oils. See Hawaii Revised Statutes 150A-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• loan program: means the program established by this part and loans made to finance the purchase or installation of water infrastructure equipment for dams, reservoirs, hydroelectric pumping, storm water reclamation, ditch maintenance, spillways, wells, water ducts, water distribution systems, and water tanks. See Hawaii Revised Statutes 155-31
• Loan program: means the activities and policies undertaken by any department to provide assistance to any department or to any county or board, agency, or instrumentality thereof, or to members of the general public who are residents of the State, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for purposes as may be authorized by law. See Hawaii Revised Statutes 39-51
• Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
• Lot: means a definite quantity of seed identified by a number or other identification, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling. See Hawaii Revised Statutes 150-21
• Measure: means any act, certificate, resolution, statute, or other enactment authorizing the issuance of bonds or authorizing an indenture with respect to bonds pursuant to an authorizing statute. See Hawaii Revised Statutes 39-161
• Meat broker: means any person who sells or offers to sell, or buys or offers to buy, carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals on commission or who otherwise negotiates the purchase, sale, or exchange of the meat or meat products other than for the person's own account or as an employee of another person. See Hawaii Revised Statutes 159-3
• Meat or meat products: means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products. See Hawaii Revised Statutes 159-3
• Mediation: means assistance by a neutral third party to resolve an impasse between the public employer and the exclusive representative through interpretation, suggestion, and advice. See Hawaii Revised Statutes 89-2
• Member insurer: means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under § 431:16-203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:

  (1) A nonprofit hospital or medical service organization;

  (2) A health maintenance organization;

  (3) A fraternal benefit society;

  (4) A mandatory state pooling plan;

  (5) A mutual assessment company or any entity that operates on an assessment basis;

  (6) An insurance exchange;

  (7) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or

  (8) Any entity similar to any of the above. See Hawaii Revised Statutes 431:16-205

• Member organization: means any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Hawaii Revised Statutes 431:19-101
• Microbial product: means any product manufactured with known cultures of microorganisms for the purpose of bioremediation or bioaugmentation, including products such as microbial pesticides. See Hawaii Revised Statutes 150A-2
• Microorganism: means any unicellular microscopic organism including but not limited to algae, bacteria, fungi, protozoa, and viruses. See Hawaii Revised Statutes 150A-2
• Misbranded: includes any of the following:

  (1) The labeling of the pesticide or device bears any statement, design, or graphic representation relative thereto or to its ingredients or functions which is false or misleading in any particular;

  (2) The pesticide is contained in a package or other container or wrapping which does not conform to the standards established by federal law;

  (3) The pesticide is an imitation or is offered for sale under the name of another pesticide;

  (4) The label does not bear the federal registration number assigned to each establishment in which it was produced;

  (5) Any word, statement, or other information required by or under authority of the federal law to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in terms to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

  (6) The labeling accompanying the pesticide does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under FIFRA are adequate to protect health and the environment;

  (7) The label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under federal law, is adequate to protect health and the environment;

  (8) The label does not bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except that a pesticide is not misbranded under this section if:

  (A) The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and

  (B) The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the department;

  (9) The labeling does not contain a statement of the use classification under which the product is registered;

  (10) There is not affixed to its container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:

  (A) The name and address of the producer, registrant, or person for whom produced;

  (B) The name, brand, or trademark under which the pesticide is sold;

  (C) The net weight or measure of the content; provided that the EPA Administrator may permit reasonable variations; and

  (D) When required by federal regulations to effectuate the purposes of this law, the registration number assigned to the pesticide under federal law and the use classification; and

  (11) The pesticide contains any substance or substances in quantities highly toxic to humans, unless the label shall bear, in addition to any other matter required by this law:

  (A) The skull and crossbones;

  (B) The word "poison" prominently in red on a background of distinctly contrasting color; and

  (C) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide. See Hawaii Revised Statutes 149A-2

• Moldy: means an egg in which mold has developed inside the shell. See Hawaii Revised Statutes 147-71
• 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.
• Mortgage: includes classes of liens on farm land and other authorized security as are approved by the department of agriculture and the credit instruments secured thereby. See Hawaii Revised Statutes 155-1
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
• Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 271-4
• Motor vehicle: has the meaning prescribed by § 286-2 and includes trailers and semitrailers designed for use by such vehicles, but does not include road rollers, farm tractors, tractor cranes, power shovels, and well drillers;

  "Nonresident" means every person who is not a resident of the State;

  "Nonresident's operating privilege" means the privilege conferred upon a nonresident by laws of the State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident in this State;

  "Owner" or "registered owner" has the meaning prescribed by § 286-2 to the term "owner";

  "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amounts prescribed by section 294-10(a);

  "Registration" means the certificate of registration issued pursuant to chapter 286;

  "State" except in reference to the State of Hawaii means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Hawaii Revised Statutes 287-1

• Motor vehicle: means every vehicle which is self-propelled. See Hawaii Revised Statutes 289-1
• motor vehicle liability policy: as used in this chapter means an owner's or a driver's policy of liability insurance, certified as provided in § 287-22 or § 287-23 as proof of financial responsibility, and issued, except as otherwise provided in § 287-23, by an insurance carrier duly authorized to transact business in the State, to or for the benefit of the person named therein as insured. See Hawaii Revised Statutes 287-24
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nematode: means invertebrate animals of the phylum nemathelminthes and the class nematoda, including unsegmented round worms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts. See Hawaii Revised Statutes 149A-2
• Net general fund revenues: means for any fiscal year the amount of moneys paid into the general fund in the fiscal year, less the amounts paid therein in the fiscal year (1) received as grants from the federal government and (2) in reimbursement of the payment therefrom during such year of the principal of and interest on reimbursable general obligation bonds of the State that are excluded in determining the power of the State to issue general obligation bonds for the purposes of section 13 of Article VII of the Constitution. See Hawaii Revised Statutes 39-91
• Net weight: means the gross weight of the freight minus the container weight, if any. See Hawaii Revised Statutes 150A-2
• New farmer: means a new farm enterprise or a person, who by reason of ability, experience, and training, is likely to successfully operate a farm and who otherwise meets the eligibility requirements of § 155-10 and includes any of the following:

  (1) Persons displaced from employment in an agricultural production enterprise;

  (2) College graduates in agriculture;

  (3) Community college graduates in agriculture;

  (4) Members of the Hawaii Young Farmer Association and National FFA Organization graduates with farming projects;

  (5) Persons who have not less than two years' experience as part-time farmers;

  (6) Graduates from farm trainee programs designed to provide interns with the necessary hands-on skills and management training to successfully operate their own farm;

  (7) Persons who have been farm tenants or farm laborers; or

  (8) Other individuals who have for the two years last preceding their application obtained the major portion of their income from farming operations. See Hawaii Revised Statutes 155-1

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Hawaii Revised Statutes 658G-2
• Nonprofit organization: means a private, nonprofit, tax-exempt entity that:

  (1) Is recognized as a tax-exempt organization under the Internal Revenue Code; and

  (2) Is registered to do business in this State in accordance with chapter 414D. See Hawaii Revised Statutes 302D-1

• Normal school hours: means Monday through Friday from 7:00 a. See Hawaii Revised Statutes 149A-25
• Notice of traffic infraction: includes a notice of parking infraction. See Hawaii Revised Statutes 291D-2
• Noxious weed seed: means the seed of plant species designated by the department by rule as being highly destructive and difficult to control or eradicate in the State by ordinary, good cultural practices, herbicides, and other control measures, or is, or which may be likely to become injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State. See Hawaii Revised Statutes 150-21
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oath: A promise to tell the truth.
• Obligation: means any bond, debt, debenture, loan, note or similar undertaking. See Hawaii Revised Statutes 412:1-109
• 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.
• Occupier: means a person entitled to the possession of land under a certificate of occupation. See Hawaii Revised Statutes 171-97
• Offgrade: is a descriptive term applicable to agricultural commodities which have a market value, and designates a quality lower than the lowest applicable in Hawaii, other states or the United States grade for each agricultural commodity. See Hawaii Revised Statutes 147-1
• Official certificate: means any certificate prescribed by the board for issuance by veterinarians, inspectors, or other persons performing official functions under this chapter. See Hawaii Revised Statutes 159-3
• Official device: means any device described or authorized by the board for use in applying any official mark. See Hawaii Revised Statutes 159-3
• Official inspection legend: means any symbol prescribed by the board showing that meat or meat products were inspected and passed in accordance with this chapter. See Hawaii Revised Statutes 159-3
• Official mark: means the official inspection legend or any other symbol prescribed by the board to identify the status of any meat or meat products or animal under this chapter. See Hawaii Revised Statutes 159-3
• One call center: means a private provider selected by the commission pursuant to § 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. See Hawaii Revised Statutes 269E-2
• Open to the public: means accessible or available to the general public during regular business hours without special permission. See Hawaii Revised Statutes 412:1-109
• Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 269E-2
• Organizational viability: means that a charter school:

  (1) Has been duly constituted and operates in accordance with its charter;

  (2) Has a governing board established in accordance with law and the charter school's charter;

  (3) Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;

  (4) Maintains accurate and comprehensive records regarding students and employees as determined by its authorizer;

  (5) Meets appropriate standards of student achievement as defined by the board pursuant to its duties under article X, section 3, of the Constitution of the State of Hawaii;

  (6) Cooperates with board and authorizer requirements in conducting its functions;

  (7) Complies with applicable federal, state, and county laws and requirements;

  (8) In accordance with authorizer guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;

  (9) Operates within the scope of its charter contract and fulfills obligations and commitments of its charter;

  (10) Complies with all health and safety laws and requirements;

  (11) Complies with all authorizer directives, policies, and procedures; and

  (12) Complies with all board policies deemed applicable to charter schools by the board. See Hawaii Revised Statutes 302D-1

• Out-of-state bank: means a bank, the home state of which is a state other than Hawaii. See Hawaii Revised Statutes 412:13-102
• Out-of-state bank: means a bank whose home state is a state other than Hawaii. See Hawaii Revised Statutes 412:12-101
• Out-of-state foreign bank: means a foreign bank, the home state of which is a state other than Hawaii. See Hawaii Revised Statutes 412:13-102
• Out-of-state state bank: means a bank chartered under the laws of any state other than Hawaii. See Hawaii Revised Statutes 412:12-101
• Outside captive insurance company: means an insurance company licensed under the laws of a jurisdiction other than this State and not otherwise admitted to do business as an insurance company in this State, that insures the risks of its parent or any affiliated entities. See Hawaii Revised Statutes 431:19-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Paid-in capital: means the amount of capital actually received by the financial institution for its capital stock, membership shares or share accounts, as the case may be. See Hawaii Revised Statutes 412:1-109
• Parent: means a corporation, limited liability company, partnership, other entity, or individual, that directly or indirectly owns, controls, or holds with power to vote more than fifty per cent of the outstanding voting interests of a pure captive insurance company organized as a stock corporation, nonprofit corporation, or limited liability company. See Hawaii Revised Statutes 431:19-101
• Part-time farmer: means a person of proven farming ability who:

  (1) Has been operating the person's farm for at least two years on land owned by the person in fee or on land rented or leased from others;

  (2) Is presently devoting a portion of the person's time to farming; and

  (3) Derives between twenty-five to fifty per cent of the person's net cash income from direct participation in farming in its broadest sense. See Hawaii Revised Statutes 155-1

• Participant: means an entity that meets the requirements of § 431:19-305, and any affiliated entities thereof that are insured by a sponsored captive insurance company where the losses of the participant may be limited through a participant contract to the participant's pro rata share of the assets of one or more protected cells identified in the participant contract. See Hawaii Revised Statutes 431:19-101
• Participant contract: means a contract by which a sponsored captive insurance company insures the risks of a participant and may also limit the losses of each participant to its pro rata share of the assets of one or more protected cells identified in such participant contract. See Hawaii Revised Statutes 431:19-101
• Participating institution: means one or all of the financial institutions (or, where applicable, financial institution holding companies) participating in a merger or consolidation pursuant to this part. See Hawaii Revised Statutes 412:3-602
• 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.
• Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 658G-2
• Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Hawaii Revised Statutes 658J-2
• Passbook: means any book, statement of account, or other record used by a financial institution to record deposits, withdrawals, interest, dividends and changes. See Hawaii Revised Statutes 412:1-109
• Passed: means the clearance status for entry given an article for import after inspection or quarantine requirements have been met. See Hawaii Revised Statutes 150A-2
• Peer-to-peer car-sharing: means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 271-4
• Person: means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Hawaii Revised Statutes 431:16-205
• Person: means any individual, firm, corporation, association, or partnership, or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 159-3
• person: means any individual or organization. See Hawaii Revised Statutes 90-1
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• Person: means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity. See Hawaii Revised Statutes 269E-2
• Person: means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 149A-2
• Person: includes any individual, partnership, corporation, company, society, or association. See Hawaii Revised Statutes 150-21
• Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
• Person: means not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally and shall include a government or any agency, instrumentality, or subdivision thereof where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. See Hawaii Revised Statutes 658D-5
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 658G-2
• Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal entity. See Hawaii Revised Statutes 658J-2
• Personal property: All property that is not real property.
• persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271-4
• persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271G-5
• Pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, which the Administrator of the United States Environmental Protection Agency determines to be a pest pursuant to the [Federal Insecticide, Fungicide, and Rodenticide Act]. See Hawaii Revised Statutes 149A-2
• Pest: means any animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment as determined by the board. See Hawaii Revised Statutes 150A-2
• Pest control operator: means a commercial pesticide applicator, who is required to possess a valid license for pest control under chapter 460J. See Hawaii Revised Statutes 149A-2
• Pesticide: means :

  (1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

  (2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Hawaii Revised Statutes 149A-2

• photo red light imaging detector system: means a device, or combination of devices, used for traffic enforcement pursuant to section 291C-32(c), that includes a vehicle sensor working in conjunction and synchronization with a traffic-control signal and a camera , to automatically produce and record one or more sequenced photographs, microphotographs, video, or other recorded images of the rear of the motor vehicle and motor vehicle license plate, at the time the motor vehicle fails to stop when facing a steady red traffic-control signal. See Hawaii Revised Statutes 291J-1
• Pigeon: includes all carrier and show birds but does not pertain to birds raised for food or for similar commercial purposes. See Hawaii Revised Statutes 142-101
• Plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or maturation or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See Hawaii Revised Statutes 149A-2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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}
• Pre-opening charter school: means a charter school that has not yet satisfactorily fulfilled the authorizer's pre-opening assurance as required under section 302D-14. See Hawaii Revised Statutes 302D-1
• 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.
• Preferred stock: means capital stock in a financial institution or other corporation which entitles its holders to some preference or priority over the owners of common stock, usually with respect to dividends or asset distributions in liquidation. See Hawaii Revised Statutes 412:1-109
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal shareholder: means a person other than a financial institution, that, directly or indirectly, or acting through or in concert with another, owns, controls, or has the power to vote more than ten per cent of any class of voting securities of a financial institution. See Hawaii Revised Statutes 412:1-109
• Private lender: includes banks, savings and loan associations, credit unions, mortgage companies, and other qualified companies whose business includes the making of loans in the State. See Hawaii Revised Statutes 155-1
• Private pesticide applicator: means a certified pesticide applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person. See Hawaii Revised Statutes 149A-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Proceeding: means :

  (1) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

  (2) A legislative hearing or similar process. See Hawaii Revised Statutes 658G-2

• processed: means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. See Hawaii Revised Statutes 159-3
• Produce: means to manufacture, prepare, compound, propagate, or process any pesticide or device. See Hawaii Revised Statutes 149A-2
• Producer: means any person engaged within the State in the growing or production for market of any agricultural commodity, or any cooperative association of such persons. See Hawaii Revised Statutes 147-1
• Producer: means any person who manufactures, prepares, compounds, propagates, or processes any pesticide or device. See Hawaii Revised Statutes 149A-2
• Professional investor: means any bank, bank holding company, savings institution, farm credit institution, trust company, insurance company, investment company registered under the federal Investment Company Act of 1940, financial services loan company, pension or profit-sharing trust or other financial institution or institutional buyer, licensee under the federal Small Business Investment Act of 1958, or any person, partnership, or other entity of whose resources, a substantial amount is dedicated to investing in securities or debt instruments, and whose net worth exceeds $250,000. See Hawaii Revised Statutes 163D-2
• Project: means a specific undertaking, improvement, or system consisting of work or improvement, including personal property or any interest therein, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the corporation. See Hawaii Revised Statutes 163D-2
• project: means any facility for each single project or multiproject program of a project party and includes any structure or building suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health care facility; laboratory; laundry; nurses' or [interns'] residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health care facility; dental care facility; nursing school; medical or dental school or teaching facility; mental or physical health facilities related to any such structure or facility; equipment; software; or any other structure, facility, equipment, or software required or useful for the operation of a health care facility, including, but not limited to, offices, parking lots and garages, and other supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and including the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility, and including the refinancing of outstanding obligations of a project party relating to any of the foregoing. See Hawaii Revised Statutes 39A-31
• Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of the bonds to assist not-for-profit corporations that provide health care facilities to the general public, including without limitation any loan agreement, lease, sublease, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof, entered into by the department with a project party and, where necessary or appropriate, with a lender, lessor, or other third party. See Hawaii Revised Statutes 39A-31
• Project facilities: includes roads and streets, utility and service corridors, utility lines where applicable, water and irrigation systems, lighting systems, security systems, sanitary sewerage systems, and other community facilities where applicable. See Hawaii Revised Statutes 163D-2
• Project party: means a not-for-profit corporation that provides health care facilities to the general public. See Hawaii Revised Statutes 39A-31
• property abandoned: means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours. See Hawaii Revised Statutes 171-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective party: means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
• Protected cell: means a separate account established by a sponsored captive insurance company formed or licensed under this article in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. See Hawaii Revised Statutes 431:19-101
• Protozoa: means any nonphotosynthetic eukaryotic organisms, either unicellular or composed of a group of more or less identical cells, generally motile by means of appendages or movements of the cell itself at some or all stages of their life cycle, except those protozoa on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals. See Hawaii Revised Statutes 150A-2
• public charter school: refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management. See Hawaii Revised Statutes 302D-1
• public employee: means any person employed by a public employer, except elected and appointed officials and other employees who are excluded from coverage in section [89-6(f)]. See Hawaii Revised Statutes 89-2
• public employer: means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, the board of education in the case of the department of education, the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of these employers or acts in their interest in dealing with public employees. See Hawaii Revised Statutes 89-2
• 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 purpose: as used in this chapter , unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks. See Hawaii Revised Statutes 171-1
• Pure captive insurance company: means a captive insurance company that only insures or reinsures risks of its parent and affiliated entities or of a controlled unaffiliated business. See Hawaii Revised Statutes 431:19-101
• Qualified farmer: means a person of proven farming ability who operates the person's own farm on land owned by the person in fee or on land rented or leased from others and who is presently devoting, has recently devoted, or intends to devote most of the person's time or who derives a major portion of the person's net cash income from direct participation in farming in its broadest sense. See Hawaii Revised Statutes 155-1
• Qualified person: includes any individual, partnership, corporation, or public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible qualifications, as may be deemed desirable by the corporation in administering this chapter. See Hawaii Revised Statutes 163D-2
• Quorum: The number of legislators that must be present to do business.
• Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle. See Hawaii Revised Statutes 271-4
• Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 271G-5
• Raw unprocessed honey: means honey that has not been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes. See Hawaii Revised Statutes 147-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for the purpose of liquidating and winding up the affairs of the institution. See Hawaii Revised Statutes 412:1-109
• Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See Hawaii Revised Statutes 431:16-205
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
• 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}
• refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes a health care facility or consolidation of such indebtedness with indebtedness of the State incurred for a health care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-31
• Registrant: means the person registering or licensing any pesticide pursuant to this chapter. See Hawaii Revised Statutes 149A-2
• Reinspection: means the re-examination of meat and meat products previously inspected and the inspection of meat and meat products during processing. See Hawaii Revised Statutes 159-3
• Related criminal offense: means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged. See Hawaii Revised Statutes 291D-2
• Related interest: means

  (1) a company that is controlled by a person or

  (2) a political or campaign committee that is controlled by a person or the funds or services of which will benefit a person. See Hawaii Revised Statutes 412:1-109

• Related to a collaborative matter: means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. See Hawaii Revised Statutes 658G-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.
• Renderer: means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals, except rendering conducted under inspection under part IV. See Hawaii Revised Statutes 159-3
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted use pesticide: means :

  (1) A pesticide or pesticide use classified by the Administrator, EPA, for use by certified applicators or competent persons under their direct supervision and so designated on its label; or

  (2) A pesticide or pesticide use classified by the board for use by certified applicators or competent persons under their direct supervision. See Hawaii Revised Statutes 149A-2

• Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See Hawaii Revised Statutes 412:12-101
• Resulting institution: means the financial institution resulting from a merger, consolidation or conversion pursuant to this part. See Hawaii Revised Statutes 412:3-602
• Retailer: means any person, firm, corporation, or association which sells eggs to a consumer. See Hawaii Revised Statutes 147-71
• Retained earnings: means the net income of a financial institution earned since its inception which has not been distributed to its shareholders or transferred or allocated to capital stock or surplus or, as the case may be, the accumulated deficits of the financial institution. See Hawaii Revised Statutes 412:1-109
• Revenue: means the moneys collected, including any moneys collected from the State or any department, or any county or board, agency, or instrumentality thereof, from the rates, rentals, fees, and charges prescribed for the use and services of, and the facilities and commodities furnished by, an undertaking or the use and services and benefits of a loan program; provided that the term shall include all insurance premium payments, assessments, surcharges, investment earnings, and all other income of the Hawaii hurricane relief fund. See Hawaii Revised Statutes 39-51
• Revenue bonds: means bonds, notes, or other evidence of indebtedness of the corporation issued to finance any project facility. See Hawaii Revised Statutes 163D-2
• Revenue bonds: means all bonds payable solely from and secured by the revenue, or user taxes, or any combination of both, of an undertaking or loan program or any loan made thereunder for which bonds are issued and as otherwise provided in this part; provided that the term shall include all bonds issued by the director of finance under the authority of section 10(a), Act 339, Session Laws of Hawaii 1993, as amended, for the purposes of the hurricane bond loan fund. See Hawaii Revised Statutes 39-51
• rider: means a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in a transportation network company vehicle between destination points chosen by the rider. See Hawaii Revised Statutes 279J-1
• ridesharing arrangement: means the transportation of persons in a motor vehicle where that transportation is incidental to another purpose of the driver. See Hawaii Revised Statutes 279G-1
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Risk retention captive insurance company: means a captive insurance company that is formed as a "risk retention group" as defined in chapter 431K. See Hawaii Revised Statutes 431:19-101
• Routine repair and maintenance: means repair and maintenance performed on a scheduled repair and maintenance cycle. See Hawaii Revised Statutes 37-121
• Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
• School: means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. See Hawaii Revised Statutes 149A-25
• Secretary of Agriculture: means the Secretary of Agriculture of the United States. See Hawaii Revised Statutes 159-3
• Seed: means :

  (1) The seed of grass, forage, cereal, and fiber crops;

  (2) Other kinds of seed commonly recognized as agricultural or vegetable seed; and

  (3) Other kinds of propagating materials. See Hawaii Revised Statutes 147-122

• Seed capital: means financing that is provided for the development, refinement, and commercialization of a product or process and other working capital needs. See Hawaii Revised Statutes 163D-2
• Sell: means to:

  (1) Solicit and receive an order for;

  (2) Have, keep, offer, or expose for sale;

  (3) Deliver for value or deliver in any other way than purely gratuitously;

  (4) Peddle;

  (5) Keep with intent to sell; and

  (6) Traffic in. See Hawaii Revised Statutes 245-1

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared car: means a motor vehicle that is registered pursuant to chapter 286 and is not owned, controlled, operated, maintained, or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program and is available for sharing through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Shared car driver: means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Shared car owner: means the registered owner of a shared car. See Hawaii Revised Statutes 279L-1
• Sign: means , with present intent, to authenticate or adopt a record:

  (1) To execute or adopt a tangible symbol; or

  (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 658G-2

• Soil: means that part of the upper layer of earth in which plants can grow; this material may or may not contain organic matter and includes such planting media as deteriorated peat, except clean coral, sand, pottery and industrial clay, volcanic cinders and other similar soil-free material. See Hawaii Revised Statutes 150A-2
• sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
• Sponsored captive insurance company: means a captive insurance company:

  (1) In which the minimum required capital and surplus is provided by one or more sponsors;

  (2) That is formed or licensed under this article;

  (3) That insures the risks only of its participants through separate participant contracts; and

  (4) That may fund its liability to each participant through one or more protected cells. See Hawaii Revised Statutes 431:19-101

• Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
• Start-up charter school: means a new charter school established under section 302D-13 that is not a conversion charter school. See Hawaii Revised Statutes 302D-1
• State: means a state, the District of Columbia, Puerto Rico, or a United States possession, territory, or protectorate. See Hawaii Revised Statutes 431:16-205
• State: means the State of Hawaii. See Hawaii Revised Statutes 159-3
• State: means the State of Hawaii. See Hawaii Revised Statutes 88F-1
• State: means the State of Hawaii. See Hawaii Revised Statutes 150-21
• State: means a state of the United States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 658J-2
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stock financial institution: means a financial institution that issues shares of capital stock as evidence of fractional ownership in the institution. See Hawaii Revised Statutes 412:1-109
• Stop-sale order: means any written or printed notice or order given or issued by the department restraining the sale of agricultural and vegetable seed. See Hawaii Revised Statutes 150-21
• Strike: means a public employee's refusal, in concerted action with others, to report for duty, or the employee's wilful absence from the employee's position, or the employee's stoppage of work, or the employee's abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment; and except in the case of absences authorized by public employers, includes such refusal, absence, stoppage, or abstinence by any public employee out of sympathy or support for any other public employee who is on strike or because of the presence of any picket line maintained by any other public employee; provided that, nothing herein shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of employment. See Hawaii Revised Statutes 89-2
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
• Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 269E-2
• Summons: Another word for subpoena used by the criminal justice system.
• surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
• System: means an organized plan or arrangement under which one or more undertakings are operated or implemented as a harmonious whole. See Hawaii Revised Statutes 39-51
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• Tobacco products: means :
  (1) Tobacco in any form, other than cigarettes or little cigars, that is prepared or intended for consumption or for personal use by humans, including large cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco; or
  (2) Electronic smoking devices; or
  (3) E-liquid. See Hawaii Revised Statutes 245-1
• Tobacco tax: means the tax imposed by this chapter. See Hawaii Revised Statutes 245-1
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-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.
• Transportation network company vehicle: means a vehicle that is:
  (1) Manufactured with seating accommodations for eight or fewer passengers;
  (2) Not a semitrailer, tractor-semitrailer combination, truck, or truck-tractor, as those terms are defined in § 286-2;
  (3) Used by a transportation network company driver to provide a prearranged ride;
  (4) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
  (5) Not operating as a taxicab, limousine, or other for-hire vehicle. See Hawaii Revised Statutes 279J-1
• Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271-4
• Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271G-5
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 271-4
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities. See Hawaii Revised Statutes 271G-5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial: means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. See Hawaii Revised Statutes 291D-2
• Tribunal: means :

  (1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

  (2) A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

• Trust indenture: means an agreement by and between the corporation and a trustee that sets forth the duties of the trustee with respect to the revenue bonds, the security thereof, and other provisions as may be deemed necessary or convenient by the corporation to secure the revenue bonds. See Hawaii Revised Statutes 163D-2
• Trustee: means a national or state bank or trust company, within or outside the State, that enters into a trust indenture. See Hawaii Revised Statutes 163D-2
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Under the direct supervision of a certified applicator: means , unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied. See Hawaii Revised Statutes 149A-2
• Undertaking: means any public works and properties, improvement, or system, tangible or intangible, owned or operated by the State or a department thereof, and any public activity, policy, or program undertaken by the State or a department thereof, and from which the State or department may derive revenues, or with respect to which the State or department may derive user taxes. See Hawaii Revised Statutes 39-51
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Hawaii Revised Statutes 412:13-102
• Unlisted microorganism: means any microorganism not on the lists of nonrestricted or restricted microorganisms or on the list of select human pathogen microorganisms. See Hawaii Revised Statutes 150A-2
• Unreasonable adverse effects on the environment: means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide. See Hawaii Revised Statutes 149A-2
• Use: means the exercise of any right or power incident to ownership or possession, other than the sale, or the keeping or retention for the purpose of sale. See Hawaii Revised Statutes 245-1
• Used motor vehicle part or accessory: means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof. See Hawaii Revised Statutes 289-1
• User taxes: means taxes on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use, or sale of goods and services in the utilization of the functions or services furnished by the undertaking. See Hawaii Revised Statutes 39-51
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Value-added: means any activity that increases, by means of processing or any other means, the value of raw agricultural materials. See Hawaii Revised Statutes 163D-2
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other plants of the same kind. See Hawaii Revised Statutes 150-21
• Vegetable seed: includes the seed of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seed in the State. See Hawaii Revised Statutes 150-21
• Vehicle: means any automobile, truck, tractor and similar equipment. See Hawaii Revised Statutes 150A-2
• Vendor: means any person engaged in selling or offering for sale agricultural or vegetable seed for planting purposes. See Hawaii Revised Statutes 150-21
• Verdict: The decision of a petit jury or a judge.
• Vessel: means any watercraft 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 water. See Hawaii Revised Statutes 271G-5
• Veterinarian: means the state veterinarian or any of the veterinarian's duly authorized representatives. See Hawaii Revised Statutes 159-3
• volunteer: means any person who of the person's own free will provides goods or services to an agency with no monetary or material gain and includes material donors, occasional-service, regular-service, and stipended volunteers. See Hawaii Revised Statutes 90-1
• wages: includes the number of incremental and longevity steps, the number of pay ranges, and the movement between steps within the pay range and between the pay ranges on a pay schedule under a collective bargaining agreement. See Hawaii Revised Statutes 89-2
• Water infrastructure equipment: means infrastructure improvements, equipment, and personal property to be installed for dams, reservoirs, hydroelectric pumping, storm water reclamation, ditch maintenance, spillways, wells, water ducts, water distribution systems, and water tanks. See Hawaii Revised Statutes 155-31
• Weed: means any plant which grows where not wanted. See Hawaii Revised Statutes 149A-2
• Weed seed: includes noxious weed seed and the seed of all plants generally recognized as weeds within the State. See Hawaii Revised Statutes 150-21
• white rot: means an egg which is putrid or rotten. See Hawaii Revised Statutes 147-71
• Wholesaler: means any person who buys or sells carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals in trade channels other than retail. See Hawaii Revised Statutes 159-3
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.