Terms Used In Hawaii Revised Statutes > Chapter 425 > Part IV > LIMITED LIABILITY PARTNERSHIPS

• 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.
• Agency: means the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
• Agency: means the Hawaii emergency management agency. See Hawaii Revised Statutes 127D-2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Application: means a conservation district use application. See Hawaii Revised Statutes 190D-3
• Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 187A-1
• Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
• 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.
• Assistance: means emergency responders and resources provided by a responding member county in response to a request from a requesting member county. See Hawaii Revised Statutes 127D-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 190D-3
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 195-2
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 190D-3
• Commercial lease: means a lease of state marine waters or submerged lands for marine activities designed for profit. See Hawaii Revised Statutes 190D-3
• Commission: means the natural area reserves system commission. See Hawaii Revised Statutes 195-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the [invasive species council]. See Hawaii Revised Statutes 194-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127A-2
• County: means the city and county of Honolulu or the county of Hawaii, Kauai, or Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127D-2
• County: means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui. See Hawaii Revised Statutes 48E-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 190D-3
• Department: means any entity that is a member of the [invasive species council] established under section [ 194-2(a) ]. See Hawaii Revised Statutes 194-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 195-2
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 48-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Director of finance: means the director of finance of a county. See Hawaii Revised Statutes 48E-1
• Disaster: means any emergency, or imminent threat thereof, which results or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies. See Hawaii Revised Statutes 127A-2
• Economic development bond: means any general or revenue bond issued by any political subdivision of the State for the purpose of financing the purchase or lease of land; the purchase or construction, including reconstruction, improvement, expansion, extension, and enlargement, of buildings and appurtenances; and the purchase and installation of machinery, equipment, or fixtures, when the purchases or leases are made primarily for sale or continuing lease to a private individual, partnership, or corporation for use in connection with the development of an agricultural, industrial, commercial, or hotel enterprise. See Hawaii Revised Statutes 48-1
• Economic unit: means the water column, state submerged lands beneath the water column, and water surface above the water column which shall be treated as one economic unit for the calculation of lease rents. See Hawaii Revised Statutes 190D-3
• Emergency: means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment. See Hawaii Revised Statutes 127A-2
• Emergency: means an event or set of circumstances that:
  (1) Demands immediate action to preserve public health, protect life and public property, or provide relief to any stricken community overtaken by the event or circumstance; or
  (2) Reaches a dimension or degree of destructiveness as to warrant the declaration of a state of emergency or local state of emergency, pursuant to § 127A-14. See Hawaii Revised Statutes 127D-2
• Emergency period: means the dates covered by a proclamation issued by the governor declaring a state of emergency or by a mayor declaring a local state of emergency. See Hawaii Revised Statutes 127A-2
• Emergency responder: includes but is not limited to law enforcement officers, fire fighters, emergency medical services personnel, physicians, nurses, other public health personnel, emergency management personnel, and public works personnel. See Hawaii Revised Statutes 127D-2
• 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.
• Facilities: except as otherwise provided in this chapter, includes any infrastructure, buildings and other structures, shelters, land, roads, highways, thoroughfares, walks, roadways, bridges, public rights of way, and any appurtenant facilities, structures, and materials. See Hawaii Revised Statutes 127A-2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Foreign limited liability partnership: means a partnership that:

  (1) Is formed under laws other than the laws of this State; and

  (2) Has the status of a limited liability partnership under those laws. See Hawaii Revised Statutes 425-101

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the body, council, or board charged with exercising the legislative authority of a political subdivision of the State. See Hawaii Revised Statutes 48-1
• Governing body: means the body, council, or board charged with exercising the legislative authority of a county. See Hawaii Revised Statutes 48E-1
• Harvest: means the taking and retaining of marine life by any means whatsoever. See Hawaii Revised Statutes 187A-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Laws: includes ordinances, rules, regulations, and orders prescribed under federal, state, or county laws or ordinances and having the force and effect of law. See Hawaii Revised Statutes 127A-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}
• Lessee: means the holder of a valid lease granted pursuant to this chapter. See Hawaii Revised Statutes 190D-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
• Local state of emergency: means the occurrence in any part of a county that requires efforts by the county government to save lives, and to protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster. See Hawaii Revised Statutes 127A-2
• Mariculture: means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored. See Hawaii Revised Statutes 190D-3
• Marine activities: means ocean thermal energy conversion (OTEC); mariculture; and other energy or water research, scientific, and educational activities in, on, or under state marine waters, which are exclusive, non-transient in nature, and which occupy a discrete area of state marine waters. See Hawaii Revised Statutes 190D-3
• Marine life: means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. See Hawaii Revised Statutes 187A-1
• Materials: includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts. See Hawaii Revised Statutes 127A-2
• 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.
• Natural area reserve: means an area designated as a part of the Hawaii natural area reserves system, pursuant to criteria established by the commission. See Hawaii Revised Statutes 195-2
• Necessary: means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative. See Hawaii Revised Statutes 127A-2
• Noncommercial lease: means a lease of state marine waters for marine activities not designed for profit. See Hawaii Revised Statutes 190D-3
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oath: A promise to tell the truth.
• 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.
• Operational control: means the limited authority to direct tasks, assignments, and use of assistance provided pursuant to a request for assistance issued under this chapter to address:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• OTEC: means ocean thermal energy conversion. See Hawaii Revised Statutes 190D-3
• 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.
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
• Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entity, or any combination thereof. See Hawaii Revised Statutes 323J-1
• Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
• Person: means an individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body, or agency, board, bureau, or other instrumentality thereof, or any combination of two or more of the foregoing. See Hawaii Revised Statutes 48E-1
• Personal property: All property that is not real property.
• Political subdivision: means a county or other political subdivision created by the legislature pursuant to article VIII, section 1, of the constitution of the State. See Hawaii Revised Statutes 48-1
• Pollution control project: means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both. See Hawaii Revised Statutes 48E-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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project agreement: means any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or combination thereof entered into under this chapter by the county, including the financing of a pollution control project from the proceeds of the special purpose revenue bonds. See Hawaii Revised Statutes 48E-1
• Project party: means the person with whom the county enters into a project agreement. See Hawaii Revised Statutes 48E-1
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Reproductive health care services: includes all medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy. See Hawaii Revised Statutes 323J-1
• Requesting member county: means a member county that requests assistance from another member county under this chapter. See Hawaii Revised Statutes 127D-2
• Resources: includes supplies, materials, equipment, facilities, energy, services, information, systems, and other assets that may be necessary, pursuant to a request for assistance under this chapter, for:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• Responding member county: means a member county providing or intending to provide assistance to a requesting member county under this chapter. See Hawaii Revised Statutes 127D-2
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Special purpose revenue bonds: means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. See Hawaii Revised Statutes 48E-1
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
• State marine waters: means all waters of the State, including the water column, water surface, and state submerged lands, extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. See Hawaii Revised Statutes 190D-3
• State of emergency: means an occurrence in any part of the State that requires efforts by state government to save lives and protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster, or to supplement the local efforts of the county. See Hawaii Revised Statutes 127A-2
• Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
• States: include the several states, the District of Columbia, and the possessions of the United States, and also includes the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states. See Hawaii Revised Statutes 127A-2
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• Trustee: A person or institution holding and administering property in trust.
• Water column: means the vertical extent of marine waters, including the surface, above submerged lands. See Hawaii Revised Statutes 190D-3