Sections
Part I State Publications Distribution Center 93-1 – 93-4.5
Part II Publications; Specific Provisions 93-11 – 93-16

Terms Used In Hawaii Revised Statutes > Chapter 93

  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person. See Hawaii Revised Statutes 431:10G-101
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • Affiliated public service company group: means an affiliated group of domestic corporations within the meaning of chapter 235, all of the members of which are public service companies. See Hawaii Revised Statutes 239-2
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means :

         (1)  In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and

         (2)  In the case of a group long-term care insurance policy, the proposed certificate holder. See Hawaii Revised Statutes 431:10H-104

  • Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • C corporation: means a corporation which is not an S corporation. See Hawaii Revised Statutes 235-121
  • Carrier: means a person who engages in transportation, and does not include a person such as freight forwarder or tour packager who provides transportation by contracting with others, except to the extent that such person oneself engages in transportation. See Hawaii Revised Statutes 239-2
  • causes to be shipped: means to send by any means of transportation, including by vessel, vehicle, or aircraft. See Hawaii Revised Statutes 245-1
  • Certificate: means , for the purposes of this article, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Hawaii Revised Statutes 431:10H-104
  • 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
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124A-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community of identity: means a group of people who may not live in the same geographic area but who are bound together through a common ethnicity or other personal characteristic such as age or social status. See Hawaii Revised Statutes 210D-2
  • Community of interest: means a group of people who may not live in the same geographic area but who are bound together through a common economic interest such as coffee growers or an aquaculture cooperative. See Hawaii Revised Statutes 210D-2
  • Community-based economic development: means a community institution-building process that results in community-based enterprises and other economic development activities which are designed and implemented by a community; consistent with a community's values, culture, and vision; and intended to increase community control over local resources and decision-making processes. See Hawaii Revised Statutes 210D-2
  • Community-based organization: means a nonprofit corporation incorporated in the State of Hawaii that is organized and controlled by either a geographic community, a community of identity, or a community of interest and that is directly involved in community-based economic development activities. See Hawaii Revised Statutes 210D-2
  • Consumer: means a person who acquires or possesses a cigarette or a tobacco product for personal consumption and not for resale or distribution. See Hawaii Revised Statutes 245-1
  • Contract: means an annuity contract; provided that the term "contract" shall not include an annuity used to fund an employment-based retirement plan or program where:

         (1)  The insurer does not perform the record keeping services; or

         (2)  The insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants. See Hawaii Revised Statutes 431:10D-653

  • Contract carrier: means a person other than a public utility or taxicab which, under contracts or agreements, engages in the transportation of persons or property for compensation, by land, water, or air. See Hawaii Revised Statutes 239-2
  • Contract owner: means the owner named in the annuity contract or certificate holder in the case of a group annuity contract. See Hawaii Revised Statutes 431:10D-601
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. See Hawaii Revised Statutes 124A-1
  • Council: means the community-based economic development advisory council. See Hawaii Revised Statutes 210D-2
  • Dealer: means any person coming into the possession of cigarettes or tobacco products which have not been acquired from an authorized permit holder or licensee under this chapter, or any person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that have not been acquired from a licensee and who distributes or uses such cigarettes or tobacco products. See Hawaii Revised Statutes 245-1
  • Death master file: means the United States Social Security Administration's death master file or any other database or service that is at least as comprehensive as the United States Social Security Administration's death master file for determining that a person has reportedly died. See Hawaii Revised Statutes 431:10D-653
  • Death master file match: means a search of the death master file that results in a match of the social security number or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Hawaii Revised Statutes 431:10D-653
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 210D-2
  • Department: means the department of taxation. See Hawaii Revised Statutes 245-1
  • 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.
  • Determinable elements: means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion but where the values or amounts cannot be determined until some point after issue. See Hawaii Revised Statutes 431:10D-601
  • Developed losses: means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to provide actual ultimate loss (including loss adjustment expense) payments. See Hawaii Revised Statutes 431:14-101.5
  • Director: means the director of business, economic development, and tourism. See Hawaii Revised Statutes 210-1
  • Disclosure document: means a document provided by an insurer to applicants or prospective applicants for an annuity contract that explains the terms of the contract and contains the information required in section 431:10D-603(d). See Hawaii Revised Statutes 431:10D-601
  • 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
  • Educational officers: includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service. See Hawaii Revised Statutes 302A-101
  • 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
  • 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
  • Exceptional increase: means only those increases filed by an insurer that are extraordinary and for which the commissioner determines the need for the premium rate increase is justified:

         (1)  Due to:

              (A)  Changes in laws or rules applicable to long-term care coverage in this State; or

              (B)  Increased and unexpected utilization that affects the majority of insurers of similar products;

         (2)  Except as provided in section 431:10H-232, exceptional increases are subject to the same requirements as other premium rate schedule increases;

         (3)  The commissioner may request a review by an independent actuary or a professional actuarial body of the basis for a request that an increase be considered an exceptional increase; and

         (4)  The commissioner, in determining that the necessary basis for an exceptional increase exists, shall also determine any potential offsets to higher claims costs. See Hawaii Revised Statutes 431:10H-104

  • Expenses: means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; provided that no tax credit received by any insurer under section 431:7-207 shall reduce the expenses of the insurer for purposes of determining the insurer's rate under this article for the first year of any insurer's rate which is approved pursuant to this article and for which the insurer submits before July 1, 1993, a filing pursuant to the applicable sections of this code to modify the rate in existence on June 30, 1992. See Hawaii Revised Statutes 431:14-101.5
  • federally tax-qualified long-term care insurance contract: means an individual or group insurance contract that meets the requirements of section 7702B(b) of the Internal Revenue Code of 1986, as amended, as follows:

         (1)  The only insurance protection provided under the contract is coverage of qualified long-term care services. See Hawaii Revised Statutes 431:10H-104

  • Generic name: means a short title descriptive of the annuity contract being applied for or illustrated, such as "single premium deferred annuity". See Hawaii Revised Statutes 431:10D-601
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124A-1
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • gross income: includes charges billed for mobile telecommunications services provided by a home service provider to a customer with a place of primary use in this State when the mobile telecommunications services originate and terminate within the same state; provided that all such charges for mobile telecommunications services that are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through. See Hawaii Revised Statutes 239-2
  • Group long-term care insurance: means a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

         (1)  One or more employers or labor organizations, or a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees or a combination thereof or for members or former members or a combination thereof, of the labor organizations; or

         (2)  Any professional, trade, or occupational association for its members or former or retired members, or combination thereof, if the association:

              (A)  Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and

              (B)  Has been maintained in good faith for purposes other than obtaining insurance; or

         (3)  An association or a trust or the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. See Hawaii Revised Statutes 431:10H-104

  • Guaranteed elements: means :

         (1)  Premiums;

         (2)  Credited interest rates, including any bonus;

         (3)  Benefits;

         (4)  Values;

         (5)  Non-interest-based credits;

         (6)  Charges; or

         (7)  Elements of formulas used to determine any of the above,

    which are guaranteed and determined at issue. See Hawaii Revised Statutes 431:10D-601

  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Home port: means the place where vessels or aircraft have their tax situs or principal tax situs. See Hawaii Revised Statutes 239-2
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10G-101
  • inquiry: means a telephone call or other communication made to an insurer regarding the terms, conditions, or coverage afforded under an insurance policy that does not result in a claim, including questions concerning whether a policy will cover a loss or the process for filing a claim. See Hawaii Revised Statutes 431:10E-123
  • Internal Revenue Code: has the meaning set forth in section 235-2. See Hawaii Revised Statutes 235-121
  • Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2018, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code and federal public laws which, pursuant to this chapter, do not apply or are otherwise limited in application and except for the provisions of Public Law 109-001 which apply to section 170 of the Internal Revenue Code. See Hawaii Revised Statutes 235-2.3
  • Large cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco and weighs more than four pounds per thousand. See Hawaii Revised Statutes 245-1
  • lava zone: means a volcanic hazard zone identified by the United States Geological Survey on the island of Hawaii. See Hawaii Revised Statutes 431:10E-141
  • Law officer: means an official of a general court-martial detailed in accordance with section 124A-45. See Hawaii Revised Statutes 124A-1
  • License: means a license granted under this chapter, that authorizes the holder to engage in the business of a wholesaler or dealer of cigarettes or tobacco products in the State. See Hawaii Revised Statutes 245-1
  • Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
  • Little cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco, other than natural leaf tobacco, and weighs not more than four pounds per thousand rolls. See Hawaii Revised Statutes 245-1
  • Long-term care insurance: means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See Hawaii Revised Statutes 431:10H-104
  • Member of an affiliated public service company group: means a corporation (including the parent corporation) that is included within an affiliated public service company group. See Hawaii Revised Statutes 239-2
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124A-1
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Hawaii Revised Statutes 124A-1
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor carrier: means a common carrier or contract carrier transporting persons or property for compensation on the public highways, other than a public utility or taxicab. See Hawaii Revised Statutes 239-2
  • Motor scooter: has the meaning prescribed by section 286-2. See Hawaii Revised Statutes 431:10G-101
  • Motorcycle: has the meaning prescribed by section 286-2. See Hawaii Revised Statutes 431:10G-101
  • NAIC: means the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:10H-104
  • Non-guaranteed elements: means :

         (1)  Premiums;

         (2)  Credited interest rates, including any bonus;

         (3)  Benefits;

         (4)  Values;

         (5)  Non-interest-based credits;

         (6)  Charges; or

         (7)  Elements of formulas used to determine any of the above,

    which are subject to company discretion and are not guaranteed at issue. See Hawaii Revised Statutes 431:10D-601

  • Officer: means commissioned or warrant officer. See Hawaii Revised Statutes 124A-1
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Owner: means a person who holds the legal title to a motorcycle or motor scooter; except that when a motorcycle or motor scooter is the subject of a security agreement or lease with a term of not less than one year, with the debtor or lessee having the right of possession, the term owner shall mean the debtor or lessee. See Hawaii Revised Statutes 431:10G-101
  • Permittee: means the holder of a retail tobacco permit in accordance with this chapter. See Hawaii Revised Statutes 245-1
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10G-101
  • Persons: means one or more people, a company, corporation, a partnership, or an association. See Hawaii Revised Statutes 245-1
  • place of business: means the entire premises occupied by a retail tobacco permit applicant or an entity required to hold a retail tobacco permit under this chapter and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which cigarettes or tobacco products are sold or distributed to a consumer. See Hawaii Revised Statutes 245-1
  • points in the State: shall be deemed to be such if they are loading, unloading, transshipment, assembly, transfer, or relay points. See Hawaii Revised Statutes 239-2
  • Policy: means any policy or certificate of life insurance that provides a death benefit; provided that the term "policy" shall not include:

         (1)  Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan:

              (A)  Subject to the federal Employee Retirement Income Security Act of 1974 (29 U. See Hawaii Revised Statutes 431:10D-653

  • Policy: means , for the purposes of this article, any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital, or medical service corporation; prepaid health plan; health maintenance organization; or any similar organization. See Hawaii Revised Statutes 431:10H-104
  • Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, either directly or through another entity. See Hawaii Revised Statutes 245-1
  • Post-termination transition period: means that period defined in section 1377(b)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
  • Pro rata share: means the share determined with respect to an S corporation shareholder for a taxable period in the manner provided in section 1377(a)(1) or (2) or 1362(e)(2) or (3) or (6)(D), as the case may be, of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
  • Prosecuting attorney: means the prosecuting attorney or the deputy prosecuting attorneys of each of the respective counties. See Hawaii Revised Statutes 245-1
  • Prospective loss costs: means that portion of a rate that does not include provisions for expenses (other than loss adjustment expenses) or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time. See Hawaii Revised Statutes 431:14-101.5
  • Public highways: has the meaning defined by section 264-1 including both state and county highways, but operation upon rails shall not be deemed transportation on the public highways. See Hawaii Revised Statutes 239-2
  • 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 service company: means a public utility, motor carrier, or contract carrier. See Hawaii Revised Statutes 239-2
  • Public utility: has the meaning given that term in section 269-1. See Hawaii Revised Statutes 239-2
  • Rank: means the order of precedence among members of the state military forces. See Hawaii Revised Statutes 124A-1
  • Rate: means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium. See Hawaii Revised Statutes 431:14-101.5
  • Record keeping services: means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining, and administering in its own or its agents' systems information about each individual insured under an insured's group insurance contract, or a line of coverage thereunder, at least the following information:

         (1)  Social security number or name and date of birth;

         (2)  Beneficiary designation information;

         (3)  Coverage eligibility;

         (4)  Benefit amount; and

         (5)  Premium payment status. See Hawaii Revised Statutes 431:10D-653

  • Retail tobacco permit: means a permit granted under this chapter that authorizes an entity to engage in the business of selling cigarettes and tobacco products to consumers. See Hawaii Revised Statutes 245-1
  • Retailer: means an entity that engages in the practice of selling cigarettes or tobacco products to consumers and includes the owner of a cigarette or tobacco product vending machine. See Hawaii Revised Statutes 245-1
  • Retained asset account: means any mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Hawaii Revised Statutes 431:10D-653
  • S corporation: means a corporation for which a valid election under section 1362(a) of the Internal Revenue Code is in effect. See Hawaii Revised Statutes 235-121
  • 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
  • SBA: means the Small Business Administration of the United States Government. See Hawaii Revised Statutes 210-1
  • SBIA: means the Federal Small Business Investment Act of 1958, as amended. See Hawaii Revised Statutes 210-1
  • 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

  • Small business concern: means the business concerns that are defined in the Small Business Act, as amended (P. See Hawaii Revised Statutes 210-1
  • sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
  • 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
  • State military forces: means the national guard of the State, as defined in section 101(3) of title 32, United States Code, the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124A-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Supplementary rating information: includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rate in effect or to be in effect. See Hawaii Revised Statutes 431:14-101.5
  • Supporting information: means :

         (1)  The experience and judgment of the filer and the experience or data of other insurers, rating organizations, or advisory organizations relied on by the filer;

         (2)  The interpretation of any other data relied upon by the filer; and

         (3)  Descriptions of methods used in making the rates, and any other information required by the commissioner to be filed. See Hawaii Revised Statutes 431:14-101.5

  • Taxable period: means any taxable year or portion of a taxable year during which a corporation is an S corporation. See Hawaii Revised Statutes 235-121
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tobacco products: means 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. See Hawaii Revised Statutes 245-1
  • tobacco retailing: means the practice of selling cigarettes or tobacco products to consumers and includes the sale of cigarettes or tobacco through a vending machine. See Hawaii Revised Statutes 245-1
  • Tobacco tax: means the tax imposed by this chapter. See Hawaii Revised Statutes 245-1
  • tourism related services: means motor carriers of passengers regulated by the public utilities commission. See Hawaii Revised Statutes 239-2
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Wholesaler: means a person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that the person uses, possesses, or distributes only to retailers, or other wholesalers, or both. See Hawaii Revised Statutes 245-1