§ 97-1 Definitions
§ 97-2 Registration of lobbyists, requirements
§ 97-2.2 Mandatory lobbyist training
§ 97-2.5 Renewal of registration
§ 97-3 Contributions and expenditures; statement
§ 97-3 v2 Contributions and expenditures; statement
§ 97-4 Manner of filing; public records
§ 97-4.5 Lobbyist list
§ 97-5 Restricted activities
§ 97-5.5 Unlawful gifts by lobbyists
§ 97-6 Administration
§ 97-7 Penalties; administrative fines

Terms Used In Hawaii Revised Statutes > Chapter 97 - Lobbyists

  • Abandoned well: means any well:

    (1) The purpose or use of which has been permanently discontinued;
    (2) That has served its purpose;
    (3) That is not properly maintained;
    (4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
    (5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety. See Hawaii Revised Statutes 174C-81
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Address: means , with respect to prescriptions, the physical location where an individual resides such as:

    (1) Street address, city, and state;
    (2) Tax map key number; or
    (3) The description of a physical location. See Hawaii Revised Statutes 329-1
  • Adequate supply: means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed: ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. See Hawaii Revised Statutes 329-121
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Adjusted capitalized cost: means the gross capitalized cost, less the capitalized cost reduction, and is the amount used by the retail lessor in calculating the base periodic payment in the lease agreement. See Hawaii Revised Statutes 481L-1
  • Administrative action: means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3. See Hawaii Revised Statutes 97-1
  • Administrative agency: means a commission, board, agency, or other body, or official in the state government that is not a part of the legislative or judicial branch. See Hawaii Revised Statutes 97-1
  • Administrator: means the person in charge of a public or private hospital. See Hawaii Revised Statutes 334-1
  • Administrator: means a person appointed or designated by a provider who administers service contracts and service contract plans on behalf of the provider and subject to the requirements of this chapter. See Hawaii Revised Statutes 481X-2
  • Advanced practice registered nurse: means an advanced practice registered nurse with prescriptive authority as described in section 457-8. See Hawaii Revised Statutes 329-121
  • Advertisement: means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
  • 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 contract: means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract. See Hawaii Revised Statutes 481Z-2
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • article of merchandise: means any goods, wares, works of art, commodities, or other things which may be lawfully kept or offered for sale, imported into, or exported from the State. See Hawaii Revised Statutes 482D-1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Athletic director: means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for female students and male students, the athletic program for females or the athletic program for males, as appropriate. See Hawaii Revised Statutes 481Z-2
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized absence: means absence of a patient from a psychiatric facility for any period of time with permission. See Hawaii Revised Statutes 334-1
  • Behavioral health crisis center: means a facility that is specifically designed and staffed to provide care, diagnosis, or treatment for persons who are experiencing a mental illness or substance use disorder crisis. See Hawaii Revised Statutes 334-1
  • 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
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-111
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
  • Capitalized cost reduction: means the total amount of any rebate, cash payment, net trade-in allowance, check, credit card debit, and noncash credit or downpayment that reduces the gross capitalized cost, but does not include any periodic lease payments due at the inception of the lease or all of the periodic lease payments if they are paid at the inception of the lease. See Hawaii Revised Statutes 481L-1
  • Caregiver of a qualifying out-of-state patient: means a parent, guardian, or person having legal custody of a qualifying out-of-state patient who is under the age of eighteen years. See Hawaii Revised Statutes 329-121
  • Cash price: means the price at which retail sellers are selling and retail buyers are buying the same or similar property for cash in the same trade area in which the lessor's place of business is located. See Hawaii Revised Statutes 481M-1
  • Certified athlete agent: means an athlete agent registered under this chapter who is certified to be an athlete agent in a particular sport by a bona fide national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport. See Hawaii Revised Statutes 481Z-2
  • Channel alteration: means : (1) to obstruct, diminish, destroy, modify, or relocate a stream channel; (2) to change the direction of flow of water in a stream channel; (3) to place any material or structures in a stream channel; and (4) to remove any material or structures from a stream channel. See Hawaii Revised Statutes 174C-3
  • Characteristic: means a distinctive appearance, gesture, or mannerism recognized as an identifying attribute of a personality. See Hawaii Revised Statutes 482P-1
  • Clear and conspicuous: means that written disclosures shall be made in a manner that is readable and understandable to the retail lessee and oral disclosures shall be made in a manner that is audible and understandable to the retail lessee. See Hawaii Revised Statutes 481L-1
  • Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 481X-2
  • 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 mental health center: means one or more facilities which alone or in conjunction with other facilities, public or private, are part of a coordinated program providing a variety of mental health services principally for persons residing in a community or communities in or near which the center is located. See Hawaii Revised Statutes 334-1
  • Consumer: means a person in this State who purchases or otherwise possesses a vehicle protection product. See Hawaii Revised Statutes 481R-1
  • Consumer: means a natural person who buys, other than for purposes of resale, any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes, and not for business or research purposes. See Hawaii Revised Statutes 481X-2
  • Consummation: means the time a lessee becomes contractually obligated on a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract holder: means a person who is the purchaser or holder of a service contract. See Hawaii Revised Statutes 481X-2
  • Contractual liability insurance policy: means a policy of insurance that is issued to a provider, insures the provider's service contracts, and may provide:

    (1) Reimbursement to the provider for sums that the provider is legally obligated to pay under the insured service contract; or

    (2) The service that the provider is legally obligated to perform under the insured service contract. See Hawaii Revised Statutes 481X-2

  • Contribution: includes a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. See Hawaii Revised Statutes 97-1
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous to others: means likely to do substantial physical or emotional injury on another, as evidenced by a recent act, attempt or threat. See Hawaii Revised Statutes 334-1
  • Dangerous to self: means the person recently has:

    (1) Threatened or attempted suicide or serious bodily harm; or

    (2) Behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, including treatment for a mental illness, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded. See Hawaii Revised Statutes 334-1

  • Debilitating medical condition: means :

    (1) Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

    (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

    (A) Cachexia or wasting syndrome;

    (B) Severe pain;

    (C) Severe nausea;

    (D) Seizures, including those characteristic of epilepsy;

    (E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

    (F) Post-traumatic stress disorder; or

    (3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient. See Hawaii Revised Statutes 329-121

  • Deceased individual: includes individuals who died before the enactment of this chapter. See Hawaii Revised Statutes 482P-1
  • Deceased personality: includes personalities who died before the enactment of this chapter. See Hawaii Revised Statutes 482P-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
  • Department: means the department of health. See Hawaii Revised Statutes 334-1
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-111
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 174C-3
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 481Z-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 482P-1
  • Director: means the director of health. See Hawaii Revised Statutes 334-1
  • Discharge: means the formal termination on the records of a psychiatric facility of a patient's period of treatment at the facility. See Hawaii Revised Statutes 334-1
  • 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:
  • Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Hawaii Revised Statutes 481Z-2
  • Emergency: means the absence of a sufficient quantity and quality of water in any area whether designated or not which threatens the public health, safety, and welfare as determined by the commission. See Hawaii Revised Statutes 174C-3
  • Endorsement contract: means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party of any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. See Hawaii Revised Statutes 481Z-2
  • enrolls: means registered for courses and attending athletic practice or class. See Hawaii Revised Statutes 481Z-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • 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.
  • Expenditure: includes a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure. See Hawaii Revised Statutes 97-1
  • Express verifiable authorization: means express written authorization by the consumer, including but not limited to the consumer's signature on a negotiable instrument, that specifically authorizes the seller or telephone solicitor to obtain payment from a consumer's checking, savings, or bank card account. See Hawaii Revised Statutes 481P-1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family member: means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition. See Hawaii Revised Statutes 334-141
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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-raising: means an organized activity to solicit donations of money or other goods or services from persons or entities by an organization, company, or public entity. See Hawaii Revised Statutes 482P-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods or services: means any real property or any tangible or intangible personal property or services of any kind provided or offered to a consumer. See Hawaii Revised Statutes 481P-1
  • Gross capitalized cost: means the amount agreed upon by the retail lessor and the retail lessee as the value of the motor vehicle and any items that are capitalized or amortized during the lease term, including but not limited to taxes, insurance, service agreements, registration fees, license fees, lease acquisition and administration fees, warranty charges, fees and charges for accessories and for installing accessories, charges for delivery, service and repair, charges for improving the motor vehicle and providing other services incidental to the agreement, the outstanding balance of a prior loan agreement, lease or motor vehicle retail installment contract, and the unpaid portion of the early termination obligation under an outstanding lease agreement. See Hawaii Revised Statutes 481L-1
  • Ground water: means any water found beneath the surface of the earth, whether in perched supply, dike-confined, flowing, or percolating in underground channels or streams, under artesian pressure or not, or otherwise. See Hawaii Revised Statutes 174C-3
  • 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 care provider: means an individual or entity licensed, certified, or otherwise authorized or permitted by law to provide medical or health services in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 334-1
  • Identification number: means , with respect to a patient:

    (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
    (2) If the patient is a foreign patient, the patient's passport number;
    (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
    (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
    (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
  • Imminently dangerous to self or others: means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. See Hawaii Revised Statutes 334-1
  • Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Hawaii Revised Statutes 482B-2
  • Individual: means a natural person, living or dead. See Hawaii Revised Statutes 482P-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installation of pumps and pumping equipment: means the procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations. See Hawaii Revised Statutes 174C-81
  • Instream flow standard: means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified times of the year to protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. See Hawaii Revised Statutes 174C-3
  • Instream use: means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. See Hawaii Revised Statutes 174C-3
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics. See Hawaii Revised Statutes 481Z-2
  • Interim instream flow standard: means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard. See Hawaii Revised Statutes 174C-3
  • Interscholastic sport: means a sport played between educational institutions that are not community colleges, colleges, or universities. See Hawaii Revised Statutes 481Z-2
  • Intestate: Dying without leaving a will.
  • Investment opportunity: means anything tangible or intangible, that is offered for sale, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation. See Hawaii Revised Statutes 481P-1
  • Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. See Hawaii Revised Statutes 334-1
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means a written agreement for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. See Hawaii Revised Statutes 481L-1
  • Lease transaction: means a presentation made to the retail lessee concerning the motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement. See Hawaii Revised Statutes 481L-1
  • Legacy: A gift of property made by will.
  • Legislative action: means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the legislature. See Hawaii Revised Statutes 97-1
  • Lessee: means a natural person who rents personal property under a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
  • Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Hawaii Revised Statutes 481M-1
  • Licensed physician: means a physician or surgeon licensed by the State to practice medicine, including a physician and surgeon granted a limited and temporary license under section 453-3(1), (2), and (5) or a resident physician and surgeon granted a limited and temporary license under paragraph (4) thereof, or a medical officer of the United States while in this State in the performance of the medical officer's official duties. See Hawaii Revised Statutes 334-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Likeness: means an image, photograph, painting, sketching, model, diagram, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic. See Hawaii Revised Statutes 482P-1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lobbying: means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue. See Hawaii Revised Statutes 97-1
  • Lobbyist: means any individual who:

    (1) Receives or expects to receive, either by employment or contract, $1,000 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through the lobbyist's agents; or

    (2) For pay or other consideration, on behalf of another person:

    (A) Engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3;

    (B) Engages in lobbying in excess of ten hours during any calendar year; or

    (C) Makes expenditures of $1,000 or more of the person's or any other person's money lobbying during any reporting period described in section 97-3;

    provided that an employee of a nonprofit organization who spends fewer than ten hours in any month lobbying on a grant application submitted pursuant to chapter 42F is not a lobbyist if the employee does not engage in lobbying on matters that are unrelated to the grant application. See Hawaii Revised Statutes 97-1

  • Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Material: means any factor likely to affect a person's choice of, or conduct regarding, goods or services. See Hawaii Revised Statutes 481P-1
  • Medical use: means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329-121
  • Mental health: means a state of social, psychological, and physical well-being, with capacity to function effectively in a variety of social roles. See Hawaii Revised Statutes 334-1
  • Misappropriation: means :

    (1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

    (2) Disclosure or use of a trade secret of another without express or implied consent by a person who:

    (A) Used improper means to acquire knowledge of the trade secret; or

    (B) At the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

    (i) Derived from or through a person who had utilized improper means to acquire it;

    (ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (C) Before a material change of the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Hawaii Revised Statutes 482B-2

  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Motor vehicle: means a motor vehicle as defined in § 286-2. See Hawaii Revised Statutes 481L-1
  • Name: means the actual or assumed name, or nickname, of a living or deceased individual that is intended to identify that individual. See Hawaii Revised Statutes 482P-1
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • 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.
  • Outbound telephone call: means a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services. See Hawaii Revised Statutes 481P-1
  • Outpatient treatment: includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program. See Hawaii Revised Statutes 334-141
  • 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.
  • Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
  • Payment: means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Hawaii Revised Statutes 481P-1
  • Performing group: means a vocal or instrumental group of one or more members that intends to advertise or perform under the name of a recording group or a name substantially similar to a recording group. See Hawaii Revised Statutes 481T-2
  • Person: means an individual, partnership, limited liability company, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See Hawaii Revised Statutes 481X-2
  • Person: means any and all persons, natural or artificial, including an individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the State of Hawaii, and all political subdivisions, municipalities, and public agencies thereof. See Hawaii Revised Statutes 174C-3
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Hawaii Revised Statutes 481Z-2
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Hawaii Revised Statutes 482B-2
  • Person: means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of this chapter. See Hawaii Revised Statutes 482D-1
  • Person: means any natural person, firm, association, partnership, corporation, company, syndicate, receiver, common law trust, conservator, statutory trust, or any other entity by whatever name known or however organized, formed, or created, and includes nonprofit corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations. See Hawaii Revised Statutes 482P-1
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
  • Person: means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization or a representative of a group of persons acting in concert. See Hawaii Revised Statutes 97-1
  • Personal property: All property that is not real property.
  • Personality: means any individual whose name, voice, signature, likeness, or other attribute of their personality has commercial value, whether or not that individual uses the individual's name, voice, signature, likeness, or other attribute of their personality on or in products, merchandise, goods, or for purposes of marketing, advertising, selling, or soliciting the purchase of products, merchandise, goods, or services. See Hawaii Revised Statutes 482P-1
  • Petitioner: means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Photograph: means any photograph or photographic reproduction, still or moving, or any videotape, online or live television transmission, of any individual, in which the individual is readily identifiable. See Hawaii Revised Statutes 482P-1
  • Physician: means a person who is licensed to practice under chapter 453 and is licensed with authority to prescribe drugs and is registered under § 329-32. See Hawaii Revised Statutes 329-121
  • Physician-patient relationship: means the collaborative relationship between physicians and their patients. See Hawaii Revised Statutes 329-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Premium: means the consideration paid to an insurer for a contractual liability insurance policy. See Hawaii Revised Statutes 481X-2
  • Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
  • Primary caregiver: means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. See Hawaii Revised Statutes 329-121
  • Prize: means anything offered or purportedly offered and given or purportedly given to a consumer by chance. See Hawaii Revised Statutes 481P-1
  • Prize promotion: means a sweepstakes or other game of chance or an oral or written representation that a consumer has won, has been selected to receive, or is eligible to receive a prize or purported prize. See Hawaii Revised Statutes 481P-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Project: means any combination of land, buildings, and other improvements thereon, for use as a processing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-111
  • Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
  • Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a processing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-111
  • Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
  • Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a processing enterprise in this State. See Hawaii Revised Statutes 39A-111
  • Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a person who is contractually obligated to the service contract holder under the terms of the service contract. See Hawaii Revised Statutes 481X-2
  • Psychiatric facility: means a public or private hospital or part thereof which provides inpatient or outpatient care, custody, diagnosis, treatment or rehabilitation services for mentally ill persons or for persons habituated to the excessive use of drugs or alcohol or for intoxicated persons. See Hawaii Revised Statutes 334-1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Publicity rights name registration: means a registration with the department of commerce and consumer affairs in the manner provided under this chapter. See Hawaii Revised Statutes 482P-1
  • Pump installation contractor: means any person, firm, or corporation which is in the business of installing or repairing pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
  • Pumps and pumping equipment: means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water. See Hawaii Revised Statutes 174C-81
  • Qualifying patient: means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition. See Hawaii Revised Statutes 329-121
  • 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.
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 481Z-2
  • Recording group: means a vocal or instrumental group of one or more members, at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Hawaii Revised Statutes 481T-2
  • Recruit or solicit: means to attempt to influence the choosing of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. See Hawaii Revised Statutes 481Z-2
  • Registration: means registration as an athlete agent under this chapter. See Hawaii Revised Statutes 481Z-2
  • Reimbursement insurance policy: means a policy of insurance issued to a warrantor to:

    (1) Provide reimbursement to the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor; and

    (2) Pay on behalf of the warrantor, in the event of the warrantor's nonperformance, all covered obligations incurred by the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor. See Hawaii Revised Statutes 481R-1

  • 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.
  • Repairs: means any change, replacement, or other alteration of any well, pump, or pumping equipment which requires a breaking or opening of the well seal. See Hawaii Revised Statutes 174C-81
  • Respondent: means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail lessee: means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. See Hawaii Revised Statutes 481L-1
  • Retail lessor: means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. See Hawaii Revised Statutes 481L-1
  • Road hazard: means a hazard that is encountered while driving a motor vehicle, which may include but not be limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Hawaii Revised Statutes 481X-2
  • Seller: means any person, who, in connection with a telemarketing transaction, solicits funds or contributions, or arranges for a telephone solicitor to solicit funds or contributions, or provides, offers to provide, or arranges for others to provide goods or services to the consumer in exchange for consideration. See Hawaii Revised Statutes 481P-1
  • Seller: means a person engaged in the business of offering a vehicle protection product for sale to a consumer. See Hawaii Revised Statutes 481R-1
  • Service contract: means a contract or agreement for a separately stated consideration and a specific duration, to perform or indemnify the repair, replacement, or maintenance of property for operational or structural failure due either to a defect in materials or artisanship, or to normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service. See Hawaii Revised Statutes 481X-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign: means , with present intent to authenticate or adopt a record:

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

    (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 481Z-2

  • Signature: means a handwritten or otherwise legally binding form of an individual's name, written or authorized by that individual, that distinguishes the individual from all other individuals. See Hawaii Revised Statutes 482P-1
  • Sound recording: means a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object, such as a phonograph, disc, take, wire, digital storage, or other medium, in which the sounds are embodied. See Hawaii Revised Statutes 481T-2
  • Special treatment facility: means a public or private facility which provides a therapeutic residential program for care, diagnosis, treatment or rehabilitation services for emotionally distressed persons, mentally ill persons or persons suffering from substance abuse. See Hawaii Revised Statutes 334-1
  • Stamped: means branded, engraved, or printed on the article or upon any sign, tag, card, label, box, package, cover, or wrapper used to encase, enclose, display or promote the article. See Hawaii Revised Statutes 482D-1
  • State: means a state of the United States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 481Z-2
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
  • Stream: means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. See Hawaii Revised Statutes 174C-3
  • Stream channel: means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. See Hawaii Revised Statutes 174C-3
  • Student athlete: means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic sport or intercollegiate sport. See Hawaii Revised Statutes 481Z-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Surface water: means both contained surface water--that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction--and diffused surface water--that is, water occurring upon the surface of the ground other than in contained water bodies. See Hawaii Revised Statutes 174C-3
  • Telemarketing: means a plan, program, or campaign, including a prize promotion or investment opportunity, that is conducted to induce the purchase of goods or services or to solicit funds or contributions by use of one or more telephones and that involves more than one telephone call. See Hawaii Revised Statutes 481P-1
  • Telephone solicitor: means any person who in connection with telemarketing, initiates or receives telephone calls to or from a consumer, where either or both parties to the telephone call are located in this State. See Hawaii Revised Statutes 481P-1
  • 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.
  • Test: means analysis or assay to determine the fineness of the gold, silver, or alloy. See Hawaii Revised Statutes 482D-1
  • 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.
  • Trade secret: means information, including a formula, pattern, compilation, program device, method, technique, or process that:

    (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

    (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Hawaii Revised Statutes 482B-2

  • Trademark: shall include any trademark or trade name duly registered under the laws of the United States. See Hawaii Revised Statutes 482D-1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unauthorized absence: means absence of a patient from a psychiatric facility for any period of time without permission. See Hawaii Revised Statutes 334-1
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Vehicle identification number: means a serial number or identification mark of any vehicle established by the manufacturer for the purpose of identifying the vehicle. See Hawaii Revised Statutes 481R-1
  • Vehicle protection product: means a product or system, which includes a written warranty, that is:

    (1) Installed or applied to a vehicle; and

    (2) Designed to prevent loss or damage to a vehicle from a specific cause. See Hawaii Revised Statutes 481R-1

  • Warrantor: means a person named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer. See Hawaii Revised Statutes 481R-1
  • Warranty: means a warranty made without consideration, solely by the manufacturer, importer, or seller of property or services, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that provides repair or replacement for defective parts, mechanical or electrical breakdown, labor, or other remedial measures. See Hawaii Revised Statutes 481X-2
  • Water management area: means a geographic area which has been designated pursuant to § 174C-41 as requiring management of the ground or surface water resource, or both. See Hawaii Revised Statutes 174C-3
  • waters of the State: means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. See Hawaii Revised Statutes 174C-3
  • Well: means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. See Hawaii Revised Statutes 174C-3
  • Well construction: means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
  • Well driller: means any person, firm, or corporation which constructs, alters, or repairs wells. See Hawaii Revised Statutes 174C-81
  • Well seal: means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. See Hawaii Revised Statutes 174C-81
  • Worksheet: means the primary document or documents used by the retail lessor to derive the monthly lease payment for a specific lease transaction. See Hawaii Revised Statutes 481L-1
  • Written certification: means the qualifying patient's medical records or a statement signed by a qualifying patient's physician or advanced practice registered nurse, stating that in the physician's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. See Hawaii Revised Statutes 329-121