Sections
Part I General Provisions 9-1 – 9-7
Part II Foundation Grant Program 9-11 – 9-18
Part III Art in Public Places and Relocatable Works of Art Programs and State Art Museum 9-21 – 9-23

Terms Used In Hawaii Revised Statutes > Chapter 9

  • Acreage assessments: means any levy imposed pursuant to this chapter on the agricultural and pasture land within an irrigation project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining irrigation facilities for an irrigation project. See Hawaii Revised Statutes 167-2
  • 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.
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Appraisal: A determination of property value.
  • 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
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • Ballot: includes a ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • Board: means the board of agriculture. See Hawaii Revised Statutes 167-2
  • Board: means the board of directors of the development corporation established in section 206M-2, and any successor thereto. See Hawaii Revised Statutes 206M-1
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Board: means the board of trustees of the Hawaii employer-union health benefits trust fund described in section 87A-5. See Hawaii Revised Statutes 87A-1
  • Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 39-51
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-221
  • brand name: means any word, name, symbol, or device or any combination thereof identifying the commercial feed of a distributor and distinguishing it from that of others. See Hawaii Revised Statutes 144-2
  • Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
  • Candidate committee: means an organization, association, or individual that receives campaign funds, makes expenditures, or incurs financial obligations on behalf of a candidate with the candidate's authorization. See Hawaii Revised Statutes 11-302
  • Carrier: means a voluntary association, corporation, partnership, or organization engaged in providing, paying for, arranging for, or reimbursing the cost of, health benefits or long-term care benefits under group insurance contracts. See Hawaii Revised Statutes 87A-1
  • Clearly identified: means the inclusion of name, photograph or other similar image, or other unambiguous identification of a candidate. See Hawaii Revised Statutes 11-302
  • commercial feed: means all feed except:

              (A)  Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, which are distributed for use as feed or for mixing in feed. See Hawaii Revised Statutes 144-2

  • Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
  • 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.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contribution: means :

         (1)  A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:

              (A)  Influencing the nomination for election, or the election, of any person to office;

              (B)  Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

              (C)  Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);

         (2)  The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);

         (3)  A contract, promise, or agreement to make a contribution; or

         (4)  Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372;

         "Contribution" does not include:

         (1)  Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;

         (2)  A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;

         (3)  Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or

         (4)  An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:

              (A)  The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or

              (B)  The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services. See Hawaii Revised Statutes 11-302

  • Contribution: means money payments made to the fund by the State, the counties, an employee-beneficiary, or a qualified-beneficiary. See Hawaii Revised Statutes 87A-1
  • Cooperative: means a nonprofit association of farmers organized under chapter 421. See Hawaii Revised Statutes 155-1
  • County: means the counties of Hawaii, Honolulu, Kauai, and Maui, including their respective boards of water supply and other quasi-independent boards, commissions, and agencies. See Hawaii Revised Statutes 87A-1
  • Credited service: means service as an officer or employee paid by the State or county, service during the period of leave of absence or exchange if the individual is paid by the State or county during the leave of absence or exchange, and service during the period of unpaid leave of absence or exchange if the individual is engaged in the performance of a governmental function or if the unpaid leave of absence is an approved leave of absence for professional improvement. See Hawaii Revised Statutes 87A-1
  • custom-mixed feed: means a special commercial mixture which is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by such manufacturer or processor. See Hawaii Revised Statutes 144-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of agriculture. See Hawaii Revised Statutes 155D-1
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means any state department, board, commission, officer, authority, or agency (other than a "municipality" defined by section 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 land and natural resources. See Hawaii Revised Statutes 187A-1
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-221
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 171-1
  • Dependent: A person dependent for support upon another.
  • Dependent-beneficiary: means an employee-beneficiary's:

         (1)  Spouse;

         (2)  Child deemed eligible by the board, including a legally adopted child, stepchild, foster child, or recognized natural child, but excluding a child born or legally adopted more than ten months after the date of the death of:

              (A)  An active employee killed in the performance of duty;

              (B)  An active employee who was eligible to retire on the date of death; or

              (C)  A retired employee-beneficiary;and

         (3)  Unmarried child regardless of age who is incapable of self-support because of a mental or physical incapacity, which existed prior to the unmarried child's reaching the age of nineteen years. See Hawaii Revised Statutes 87A-1

  • Development corporation: means the Hawaii technology development corporation established by section 206M-2. See Hawaii Revised Statutes 206M-1
  • Direct investment: means an investment by the corporation in qualified securities of an enterprise to provide capital to an enterprise. See Hawaii Revised Statutes 206M-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:
  • distribute: means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds or custom-mixed feeds. See Hawaii Revised Statutes 144-2
  • distributor: means any person who distributes. See Hawaii Revised Statutes 144-2
  • District: means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements. See Hawaii Revised Statutes 302A-101
  • District: means , unless otherwise specified, the district of political representation with the fewest eligible voters in a particular election. See Hawaii Revised Statutes 11-1
  • District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
  • Donor: means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization. See Hawaii Revised Statutes 145D-1
  • drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body. See Hawaii Revised Statutes 144-2
  • Early childhood education and care facility: means any property used primarily for the care and instruction of children from birth to age five; provided that it shall not include any property to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property used primarily in connection with any part of a program of a school or department of divinity of any religious denomination. See Hawaii Revised Statutes 39A-221
  • Economic development project: means an endeavor related to industrial, commercial, or advanced technology-based agricultural enterprise. See Hawaii Revised Statutes 206M-1
  • Election: means any election for office or for determining a question or issue provided by law or ordinance. See Hawaii Revised Statutes 11-302
  • Election period: means :

         (1)  The two-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a two-year office;

         (2)  The four-year time period between the day after the general election through the day of the next general election, if a candidate is seeking nomination or election to a four-year office; or

         (3)  For a special election, the period between the day after the general election for that office through the day of the special election. See Hawaii Revised Statutes 11-302

  • Employee: means an employee or officer of the State, county, or legislature,

         (1)  Including:

              (A)  An elective officer;

              (B)  An officer or employee under an authorized leave of absence;

              (C)  An employee of the Hawaii national guard although paid from federal funds;

              (D)  A retired member of the employees' retirement system; the county pension system; or the police, firefighters, or bandsmen pension system of the State or county;

              (E)  A salariedand full-time member of a board, commission, or agency appointed by the governor or the mayor of a county; and

              (F)  A person employed by contract for a period not exceeding one year, where the director of human resources development, personnel services, or civil service has certified that the service is essential or needed in the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures,

         (2)  But excluding:

              (A)  A designated beneficiary of a retired member of the employees' retirement system; the county pension system; or the police, firefighters, or bandsmen pension system of the State or county;

              (B)  Except asallowed under paragraph (1)(F), a person employed temporarily on a fee or contract basis; and

              (C)  A part-time, temporary, and seasonal or casual employee. See Hawaii Revised Statutes 87A-1

  • Employee-beneficiary: means :

         (1)  An employee;

         (2)  The beneficiary of an employee who is killed in the performance of the employee's duty, including:

              (A)  The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

              (B)  The surviving spouse, if the surviving spouse does not subsequently remarry;

         (3)  An employee who retired prior to 1961; and

         (4)  The beneficiary of a retired member of the employees' retirement system; a county pension system; or a police, firefighters, or bandsmen pension system of the State or a county, upon the death of the retired member, including:

           (A)     The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

           (B)     The surviving spouse, if the surviving spouse does not subsequently remarry;

    provided that the employee, the employee's beneficiary, or the beneficiary of the deceased retired employee is deemed eligible by the board to participate in a health benefits plan or long-term care benefits plan under this chapter. See Hawaii Revised Statutes 87A-1

  • enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
  • Enterprise: means a person with a place of business in Hawaii which is, or proposes to be, engaged in business in Hawaii; provided that the endeavor shall not be devoted to the sale of goods at retail, construction of housing, or tourism-related services. See Hawaii Revised Statutes 206M-1
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Exceptional children: includes :

         (1)  Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

         (2)  Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

         (3)  Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods. See Hawaii Revised Statutes 302A-101

  • Expenditure: means :

         (1)  Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:

              (A)  Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers;

              (B)  Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

              (C)  Use by any party for the purposes set out in subparagraph (A) or (B);

         (2)  Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or

         (3)  The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A). See Hawaii Revised Statutes 11-302

  • 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.
  • 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
  • Farming: means agricultural pursuits, including the care and production of livestock and poultry, engaged in by a land occupier owning or leasing land, within any existing or proposed irrigation project. See Hawaii Revised Statutes 167-2
  • Farming operation: includes but shall not be limited to:

         (1)  Agricultural-based commercial operations as described in section [205-2(d)(15)];

         (2)  Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;

         (3)  Operation of machinery and irrigation pumps;

         (4)  Ground and aerial seeding and spraying;

         (5)  The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and

         (6)  The employment and use of labor. See Hawaii Revised Statutes 165-2

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • feed: means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, which contribute energy or nutrients to the animal's diet, and which are distributed or imported. See Hawaii Revised Statutes 144-2
  • feed ingredient: means each of the constituent materials making up a feed. See Hawaii Revised Statutes 144-2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • 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
  • Food product: means any fowl, seafood, animal, vegetable, or other stuff, product, or article which is customary food fit for human consumption, including prepared, canned, milk, dairy, and farm products, before or after the expiration date stamped on the products, if any. See Hawaii Revised Statutes 145D-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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Hawaii employer-union health benefits trust fund established in section 87A-30. See Hawaii Revised Statutes 87A-1
  • Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 167-2
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • Health benefits plan: means :

         (1)  A group insurance contract or service agreement that may include medical, hospital, surgical, prescribed drugs, vision, and dental services, in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of the services as determined by the board; or

         (2)  A similar schedule of benefits established by the board and provided through the fund on a self-insured basis. See Hawaii Revised Statutes 87A-1

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Independent expenditure: means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate committee, a party, or their agents. See Hawaii Revised Statutes 11-302
  • Individual: means a natural person. See Hawaii Revised Statutes 11-302
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • irrigation project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands for farming or to land occupiers engaged in farming. See Hawaii Revised Statutes 167-2
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or imported, or on the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported. See Hawaii Revised Statutes 144-2
  • 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 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 occupier: means the owner or in the case of leased land, the lessee of lands lying within an irrigation project organized or to be organized under this chapter. See Hawaii Revised Statutes 167-2
  • lease: means a residential lease made by the board of land and natural resources under this part. See Hawaii Revised Statutes 171-71
  • Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
  • 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
  • Legacy: A gift of property made by will.
  • License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
  • Loan: means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. See Hawaii Revised Statutes 11-302
  • 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
  • Long-term care benefits plan: means :

         (1)  A group insurance contract or service agreement in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of long-term care benefits as determined by the board; or

         (2)  A similar schedule of benefits established by the board and provided through the fund on a self-insured basis. See Hawaii Revised Statutes 87A-1

  • manufacture: means to grind, mix, or blend, or further process a commercial feed for distribution. See Hawaii Revised Statutes 144-2
  • Milk: means the lacteal secretion, practically free from colostrums, obtained by the milking of healthy cows or goats normally produced or marketed through the channels of the fluid milk trade or for further processing into milk products. See Hawaii Revised Statutes 155D-1
  • Minority-owned businesses: means businesses at least fifty per cent owned, controlled, and managed by socially or economically disadvantaged persons. See Hawaii Revised Statutes 206M-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • 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
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • 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 section 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

  • Noncandidate committee: means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:

         (1)  A candidate committee;

         (2)  Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or

         (3)  Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot. See Hawaii Revised Statutes 11-302

  • Nuisance: as used in this chapter , includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. See Hawaii Revised Statutes 165-2
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Office: means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices. See Hawaii Revised Statutes 11-302
  • Officer: means any sheriff, deputy, any member of a police force in counties with a population of less than 100,000 and animal control officers of the several counties of the State. See Hawaii Revised Statutes 143-1
  • Other receipts: means the candidate's own funds, interest, rebates, refunds, and any other funds received by a candidate committee or noncandidate committee, but does not include contributions received from other persons or loans. See Hawaii Revised Statutes 11-302
  • Owner: includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner. See Hawaii Revised Statutes 143-1
  • 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

  • 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 any political party that satisfies the requirements of section 11-61. See Hawaii Revised Statutes 11-302
  • percentage: means percentage by weight. See Hawaii Revised Statutes 144-2
  • Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
  • Person: means a sole proprietorship, partnership, joint venture, corporation, or other association of persons organized for commercial or industrial purposes. See Hawaii Revised Statutes 206M-1
  • person: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • police force: includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail. See Hawaii Revised Statutes 88-152
  • Poultry products: means chicken eggs, uncooked in shell, egg-laying chicks, meat bird chicks, pullets, broilers, fryers, and laying chicken hens. See Hawaii Revised Statutes 155D-1
  • 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
  • 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.
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See Hawaii Revised Statutes 144-2
  • Project: means the acquisition, construction, improvement, installation, equipping, and development of any combination of land, buildings, and other improvements thereon, including, without limitation, parking facilities for use of, or to assist a technology industrial, manufacturing, or processing enterprise located within or without an industrial park, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that shall be deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 206M-1
  • 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 such bonds to assist not-for-profit corporations that provide early childhood education and care facilities that serve the general public, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-221
  • Project party: means a not-for-profit corporation that provides an early childhood education and care facility that serves the general public. See Hawaii Revised Statutes 39A-221
  • 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 schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-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 feed developer: means any person that, at the time of application for and disbursement of funds under this chapter, is in the business of cultivating feed crops or manufacturing feed for qualified producers. See Hawaii Revised Statutes 155D-1
  • Qualified producer: means any person that at the time of application for and disbursement of funds under this chapter is in the business of producing:

         (1)  Milk from a herd, located in Hawaii, of not less than ten cows or twenty-five lactating milking goats;

         (2)  Poultry products from a flock, raised and located in Hawaii, of not less than thirty birds;

         (3)  Pork from a herd, raised and located in Hawaii, of not less than ten sows;

         (4)  Beef that is grown, slaughtered, processed, and marketed in Hawaii. See Hawaii Revised Statutes 155D-1

  • Qualified-beneficiary: means , for purposes of the long-term care benefits plan, a former employee or an employee who is not eligible for benefits due to a reduction in work hours, including the spouse, divorced spouse, parents, grandparents, in-law parents, and in-law grandparents of an employee or retiree; provided that the beneficiary was enrolled in the plan before the employee or former employee became ineligible for benefits. See Hawaii Revised Statutes 87A-1
  • Quorum: The number of legislators that must be present to do business.
  • 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 an early childhood education and care facility or consolidation of such indebtedness with indebtedness of the State incurred for an early childhood education and care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-221
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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 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
  • sale: includes exchange. See Hawaii Revised Statutes 144-2
  • School meals: means breakfast and lunch prepared and served by a school cafeteria. See Hawaii Revised Statutes 302A-101
  • Seed capital: means financing provided for the earliest stage of business development, including but not limited to developing a working prototype, preparing a business plan, performing an initial market analysis, or organizing a management team. See Hawaii Revised Statutes 206M-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special facilities: includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children. See Hawaii Revised Statutes 302A-101
  • Special pay plan: means a governmental retirement plan that meets the requirements of sections 401(a) and 414(d) of the Internal Revenue Code, and which may be a qualified pick-up plan under section 414(h)(2) of the Internal Revenue Code. See Hawaii Revised Statutes 88D-1
  • Special services: means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them. See Hawaii Revised Statutes 302A-101
  • Subpoena: A command to a witness to appear and give testimony.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • toll-milled feed: means a special feed which is processed by the processor (A) from materials entirely delivered by the owner thereof or the owner's authorized agent, and (B) in accordance with the specific instructions of such owner, and which is not distributed. See Hawaii Revised Statutes 144-2
  • Treasurer: means a person appointed under section 11-324 and unless expressly indicated otherwise, includes deputy treasurers. See Hawaii Revised Statutes 11-302
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a trustee of the board of trustees of the Hawaii employer-union health benefits trust fund, as described in section 87A-5. See Hawaii Revised Statutes 87A-1
  • 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
  • Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for irrigation under this chapter. See Hawaii Revised Statutes 167-2
  • Water tolls: means any charges established by the board for irrigation water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 167-2