Sections
Chapter 183 Forest Reserves, Water Development, Zoning 183-1 – 183-45
Chapter 183B Hawaiian Fishponds 183B-1 – 183B-3
Chapter 183C Conservation District 183C-1 – 183C-9
Chapter 183D Wildlife 183D-1 – 183D-66
Chapter 184 State Parks and Recreation Areas 184-1 – 184-32
Chapter 185 Land Fire Protection Law 185-1 – 185-10
Chapter 186 Tree Farms 186-1 – 186-12

Terms Used In Hawaii Revised Statutes > Title 12 > Subtitle 4 - Forestry and Wildlife; Recreation Areas; Fire Protection

  • Actuarial cost: means the actuarial present value, at the date of valuation, of the increase in the retirement allowance that would be attributable to the years of service being converted to class H credited service. See Hawaii Revised Statutes 88-311
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjustment: means a change in wages, hours, benefits, or other term and condition of employment. See Hawaii Revised Statutes 89C-1.5
  • Administrator: means the administrator of forestry and wildlife. See Hawaii Revised Statutes 185-1
  • Advertisement: means any communication, excluding sundry items such as bumper stickers, that:

         (1)  Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and

         (2)  Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot. See Hawaii Revised Statutes 11-302

  • 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.
  • Aeronautics: means the science and art of flight, including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto. See Hawaii Revised Statutes 261-1
  • 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: means any state agency within the executive, legislative, and judicial branches, the office of Hawaiian affairs, and any agency within the executive and legislative branches of the several counties. See Hawaii Revised Statutes 90-1
  • Agency: means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. See Hawaii Revised Statutes 269E-2
  • Air transportation: means the holding out to the general public of or the undertaking to provide the carriage of persons or property, except for United States mail, by air, for compensation or hire between any pair of points, both of which are within the State of Hawaii, unless the carriage is part of the continuous carriage of the persons or property to or from a point outside the State of Hawaii. See Hawaii Revised Statutes 261E-2
  • Aircraft: means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. See Hawaii Revised Statutes 261-1
  • Aircraft: means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air. See Hawaii Revised Statutes 261E-2
  • Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. See Hawaii Revised Statutes 261-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal unit: means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; two colts. See Hawaii Revised Statutes 171-1
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appraisers: means one or more, but not more than three, real estate appraisers appointed by the board. See Hawaii Revised Statutes 171-71
  • Appropriate authority: means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, the state public charter school commission, the Hawaii health systems corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. See Hawaii Revised Statutes 89C-1.5
  • Appropriate bargaining unit: means the unit designated to be appropriate for the purpose of collective bargaining pursuant to § 89-6. See Hawaii Revised Statutes 89-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 183D-1
  • Aquatic life: means any type of 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, and other parts thereof. See Hawaii Revised Statutes 183D-1
  • Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral or other animal that inhabits the freshwater and marine environment and includes any part, product, egg or offspring thereof; or freshwater and marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 197-1
  • Arbitration: means the procedure whereby parties involved in an impasse submit their differences to a third party, whether a single arbitrator or an arbitration panel, for an arbitration decision. See Hawaii Revised Statutes 89-2
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized shares: means the shares of all classes a domestic corporation is authorized to issue. See Hawaii Revised Statutes 414-3
  • Authorizing statute: means any statute which authorizes the issuance of bonds. See Hawaii Revised Statutes 39-161
  • Aviation artifact: means airplanes, fallen aircraft, crash sites, or any objects or materials associated with the history of aerospace in Hawaii which are over fifty years old, or determined to be of exceptional historic significance by the department. See Hawaii Revised Statutes 6E-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Ballot: includes :

         (1)  A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;

         (2)  A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and

         (3)  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

  • Ballot issue committee: means a noncandidate committee that has the exclusive purpose of making or receiving contributions, making expenditures, or incurring financial obligations for or against any question or issue appearing on the ballot at the next applicable election. See Hawaii Revised Statutes 11-302
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 183-1
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 183D-1
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 197-1
  • Board: means the Hawaii labor relations board created pursuant to § 89-5. See Hawaii Revised Statutes 89-2
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 183C-2
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 185-1
  • Bonds: means any bonds, notes, and other instruments of indebtedness, or lease, lease purchase, or certificates of participation, or other evidence of indebtedness for which a security interest is granted or a pledge made upon revenue or other property to provide for payment or security. See Hawaii Revised Statutes 39-161
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-31
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-71
  • 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
  • Branch: means an area comprising a county of the State. See Hawaii Revised Statutes 185-1
  • Burial good: means any item reasonably believed to have been intentionally placed with the human skeletal remains of an individual or individuals at the time of burial. See Hawaii Revised Statutes 6E-2
  • Burial site: means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in § 6E-41. See Hawaii Revised Statutes 6E-2
  • Campaign funds: means contributions, interest, rebates, refunds, loans, or advances received by a candidate committee or noncandidate committee. See Hawaii Revised Statutes 11-302
  • 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 any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State. See Hawaii Revised Statutes 261E-2
  • Carrying capacity: means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land. See Hawaii Revised Statutes 171-1
  • Cash freehold: means a right of possession to land under an agreement called a freehold agreement under § 73 of the Hawaiian Organic Act. See Hawaii Revised Statutes 171-97
  • Center: means the one call center. See Hawaii Revised Statutes 269E-2
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to a Hawaii air carrier. See Hawaii Revised Statutes 261E-2
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Hawaii Revised Statutes 271-4
  • Certificate of occupation: means an instrument preliminary to a homestead lease, giving the applicant possession of land. See Hawaii Revised Statutes 171-97
  • Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 183C-2
  • Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Class H credited service: means credited service as a class H member, including service described in § 88-323. See Hawaii Revised Statutes 88-311
  • 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
  • Collective bargaining: means the performance of the mutual obligations of the public employer and an exclusive representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment, except that by any such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. See Hawaii Revised Statutes 89-2
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Hawaii Revised Statutes 490:2A-103
  • Commission: means the animal species advisory commission. See Hawaii Revised Statutes 197-1
  • Commission: means the [commission for national and community service]. See Hawaii Revised Statutes 90D-1
  • Commission: means the air carrier commission established pursuant to § 261E-4. See Hawaii Revised Statutes 261E-2
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 269E-2
  • Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 271-4
  • Commissioner: means any person appointed to the commission. See Hawaii Revised Statutes 11-302
  • Committee: means the joint legislative management committee established under this chapter. See Hawaii Revised Statutes 21E-1
  • Committee: means the joint legislative budget committee. See Hawaii Revised Statutes 21F-2
  • Committee: means the access Hawaii committee. See Hawaii Revised Statutes 27G-1
  • Committee: means the one call center advisory committee. See Hawaii Revised Statutes 269E-2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common carrier by motor vehicle: means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 271-4
  • Common 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conservation: means to use and the use of all methods and procedures for the purpose of managing populations of aquatic life and wildlife and their habitats. See Hawaii Revised Statutes 197-1
  • Conservation district: means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto. See Hawaii Revised Statutes 183C-2
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Hawaii Revised Statutes 490:2A-103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • continuous carriage: means transportation by air which does not include a stopover of more than twenty-four hours. See Hawaii Revised Statutes 261E-2
  • Contract carrier by motor vehicle: means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in the definition of "common carrier by motor vehicle") under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:

         (1)  Through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or

         (2)  Designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 271-4

  • 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 § 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

  • Conviction: A judgement of guilt against a criminal defendant.
  • Cost items: means all items agreed to in the course of collective bargaining that an employer cannot absorb under its customary operating budgetary procedures and that require additional appropriations by its respective legislative body for implementation. See Hawaii Revised Statutes 89-2
  • Council: means the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
  • County: means the counties of Hawaii, Kauai and Maui, and the city and county of Honolulu. See Hawaii Revised Statutes 88E-1
  • County: means the counties of Honolulu, Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 88F-1
  • County legislative body: means the city council or county council of a county. See Hawaii Revised Statutes 46-122
  • Damage: means :

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

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

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

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means a calendar day unless otherwise specified. See Hawaii Revised Statutes 89-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demolition: means the wrecking, razing, rendering, movement, or removal of a structure or mass of material by means of tools, equipment, or the placement and discharge of explosives. See Hawaii Revised Statutes 269E-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 183-1
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 183D-1
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 197-1
  • Department: means the department of transportation. See Hawaii Revised Statutes 261-1
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-31
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-71
  • 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 6E-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 171-1
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 183C-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 185-1
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 184-1
  • Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
  • 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.
  • Devise: To gift property by will.
  • Director: means the director of transportation. See Hawaii Revised Statutes 261-1
  • Disaster area: means an area proclaimed by the governor to be a disaster area. See Hawaii Revised Statutes 171-85
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Hawaii Revised Statutes 414-3
  • District: means , unless otherwise specified, the district of political representation associated with a state representative. See Hawaii Revised Statutes 11-1
  • District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
  • Docket: A log containing brief entries of court proceedings.
  • domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to this chapter. See Hawaii Revised Statutes 414-3
  • Donation: means all transfers of money, credit or debit card transactions, online payments, payments made through a third party, paid personal services, or transfers of any other thing of value to a nonprofit organization. See Hawaii Revised Statutes 11-302
  • Donor: The person who makes a gift.
  • Donor: means a person that makes a donation to a nonprofit organization subject to this chapter and operating as a noncandidate committee. See Hawaii Revised Statutes 11-302
  • Earmarked funds: means contributions received by a candidate committee or noncandidate committee on the condition that the funds be contributed to or expended on certain candidates, issues, or questions. See Hawaii Revised Statutes 11-302
  • 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

  • Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 28-162
  • Electronic transmission: means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. See Hawaii Revised Statutes 414-3
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 269E-2
  • Employee: means a part-time, temporary, seasonal or casual employee, as defined by rules of the board of trustees, who is not eligible to participate in the employees' retirement system of the State under chapter 88. See Hawaii Revised Statutes 88F-1
  • employee: means any individual who is employed by an appropriate authority and is not included in an appropriate bargaining unit under § 89-6 and, therefore, is not entitled to collective bargaining coverage under chapter 89. See Hawaii Revised Statutes 89C-1.5
  • Employee: includes an officer but not a director. See Hawaii Revised Statutes 414-3
  • Employee organization: means any organization of any kind in which public employees participate and which exists for the primary purpose of dealing with public employers concerning grievances, labor disputes, wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment of public employees. See Hawaii Revised Statutes 89-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 28-162
  • Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having a joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 414-3
  • Equipment and services: includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet. See Hawaii Revised Statutes 11-302
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following:  grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 269E-2
  • Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 269E-2
  • Exclusive representative: means the employee organization certified by the board under § 89-8 as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership. See Hawaii Revised Statutes 89-2
  • 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.
  • federal-aid: as used in this part means supplies, allowances of damages to state or county property by federal agencies, grants-in-aid, allocation of federal funds, to be matched by state funds, or otherwise, the furnishing of equipment and supplies and all other aids, grants, furnishings, assistance, advancements, and reimbursements that may be provided by federal legislation, present or future, and which may be available to the State or its political subdivisions. See Hawaii Revised Statutes 29-11
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feral deer: means a deer that has escaped or been released from domestication and is living in a wild and unconfined state. See Hawaii Revised Statutes 183D-1
  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a lease with respect to which:

              (i)  The lessor does not select, manufacture, or supply the goods;

             (ii)  The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

            (iii)  One of the following occurs:

                   (A)  The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

                   (B)  The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

                   (C)  The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

                   (D)  If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Hawaii Revised Statutes 490:2A-103

  • Fiscal year: means the twelve months' period beginning on July 1 of one calendar year and ending on June 30 of the next succeeding calendar year. See Hawaii Revised Statutes 39-91
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
  • forest reserve easement: as used in this part means and includes the right to the possession and control of land for the purposes of protecting and promoting forest growth thereon and of protecting the surface and underground waters from pollution or contamination, including, without limitation to the general­ity of the foregoing, the right to exclude the owner in fee (except as hereinafter provided) and all others from the land; provided that the term shall not include any water right, nor shall it authorize the department to deprive the fee simple owner or the owner's lessee of the right to enter upon the owner's land for the purpose of taking, developing, or storing water, or for any other purpose incidental to the full use and enjoyment of the owner's water rights, or of any other rights in the land, provided reasonable means be taken to prevent undue destruction of forest cover and pollution or contamination of water by such activity. See Hawaii Revised Statutes 183-32
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freeholder: means a person holding land under a freehold agreement. See Hawaii Revised Statutes 171-97
  • Game: means birds and mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
  • Game birds: means birds designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
  • Game mammals: means mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 490:2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Hawaii Revised Statutes 490:2A-103
  • Government agency: means any government agency that stores, gathers, or generates public information, including all branches of government, all executive departments, boards, and commissions of the State or counties, and all public corporations created by the legislature. See Hawaii Revised Statutes 27G-1
  • Governmental unit: means the State of Hawaii, and any state department, board, commission, officer, authority, agency, public corporation, or instrumentality, or the judiciary. See Hawaii Revised Statutes 39-161
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habitat: means a locality or environment in which aquatic life, wildlife or land plants (as defined in chapter 195D) grow or live. See Hawaii Revised Statutes 197-1
  • Hawaiian fishponds: means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. See Hawaii Revised Statutes 183B-1
  • HAWIAN: means the Hawaii area-wide information network. See Hawaii Revised Statutes 21D-1
  • Hearing: means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. See Hawaii Revised Statutes 21-2
  • Highway: means the public roads, highways, streets, and ways in this State. See Hawaii Revised Statutes 271-4
  • Historic preservation: means the research, protection, restoration, rehabilitation, and interpretation of buildings, structures, objects, districts, areas, and sites, including underwater sites and burial sites, significant to the history, architecture, archaeology, or culture of this State, its communities, or the nation. See Hawaii Revised Statutes 6E-2
  • Historic property: means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. See Hawaii Revised Statutes 6E-2
  • Holder of record having a security interest: is a person who is the owner or possessor of a security interest in any land covered in § 171-21 and who has filed with the bureau of conveyances of the State and with the department a copy of the interest. See Hawaii Revised Statutes 171-1
  • Homestead lease: means a lease of land made for a term of nine hundred and ninety-nine years, under provisions of law which were repealed by § 3 of Joint Resolution 12, Session Laws of 1949, ratified by the Congress of the United States by the Act of September 1, 1950 (64 Stat. See Hawaii Revised Statutes 171-97
  • House: means the state house of representatives. See Hawaii Revised Statutes 21F-2
  • Human skeletal remains: means the body or any part of the body of a deceased human being. See Hawaii Revised Statutes 6E-2
  • Hypothetical account balance: means :

         (1)  For members who became members before July 1, 2012, the sum of:

              (A)  One and one-half times the sum of:

                   (i)  Employee contributions made, either by the member or on behalf of the member, pursuant to § 88-325;

                   (ii) Accumulated interest at the regular interest rate on the employee contributions; and

    § 572C-3, and any child, parent, grandparent, brother, or sister of the candidate, and the spouses or reciprocal beneficiaries of such persons. See Hawaii Revised Statutes 11-302

  • Impasse: means failure of a public employer and an exclusive representative to achieve agreement in the course of collective bargaining. See Hawaii Revised Statutes 89-2
  • 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
  • Indigenous species: means any aquatic life, wildlife, or land plant (as defined in chapter 195D) growing or living naturally in Hawaii without having been brought directly or indirectly to Hawaii. See Hawaii Revised Statutes 197-1
  • Individual: means a natural person. See Hawaii Revised Statutes 11-302
  • Individual: means a natural person. See Hawaii Revised Statutes 414-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inquiry identification number: means the number issued by the center to every excavator who contacts the center for the purpose of excavating. See Hawaii Revised Statutes 269E-2
  • 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
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extension; and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extension, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, information to users. See Hawaii Revised Statutes 27G-1
  • Internet activities: include :

         (1)  Sending or forwarding electronic messages;

         (2)  Providing a hyperlink or other direct access to another person's website;

         (3)  Blogging;

         (4)  Creating, maintaining, or hosting a website;

         (5)  Paying a nominal fee for the use of another person's website; and

         (6)  Any other form of communication distributed over the Internet. See Hawaii Revised Statutes 11-302

  • Internet portal: means the centralized electronic information system by which public information is provided via dial-in modem or continuous link to the public through subscriptions. See Hawaii Revised Statutes 27G-1
  • Intestate: Dying without leaving a will.
  • Introduction: means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous. See Hawaii Revised Statutes 197-1
  • Investigating committee: means any of the following which are authorized to compel the attendance and testimony of witnesses or the production of books, records, papers, and documents for the purpose of securing information on a specific subject for the use of the legislature:

         (1)  A standing or special or select committee or committee of the whole of either house of the legislature;

         (2)  A joint committee of both houses;

         (3)  An authorized subcommittee of a legislative committee; and

         (4)  Any body created by law, the members of which may include nonlegislators. See Hawaii Revised Statutes 21-2

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Kuleana: means those lands granted to native tenants pursuant to L. See Hawaii Revised Statutes 183C-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: means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided. See Hawaii Revised Statutes 183C-2
  • Land agent: means the land agent of the public lands of the district where the land is situated. See Hawaii Revised Statutes 171-1
  • Land license: means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants, but not including water rights, ground or surface, nor removal of minerals. See Hawaii Revised Statutes 171-1
  • Land patent: means a government grant of real estate in fee simple. See Hawaii Revised Statutes 171-1
  • Land use: means :

         (1)  The placement or erection of any solid material on land;

         (2)  The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;

         (3)  The subdivision of land; or

         (4)  The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land. See Hawaii Revised Statutes 183C-2

  • Landowner: means an owner of land or any estate or interest in that land. See Hawaii Revised Statutes 183C-2
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 490:2A-103
  • 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Hawaii Revised Statutes 490:2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Hawaii Revised Statutes 490:2A-103
  • Legislative body: means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council, in the case of the city and county of Honolulu; and the respective county councils, in the case of the counties of Hawaii, Maui, and Kauai. See Hawaii Revised Statutes 89-2
  • Legislative service agency: means the office of the auditor, the office of the legislative reference bureau, and the office of the ombudsman. See Hawaii Revised Statutes 21E-1
  • Legislative service agency director: means the director or administrative head of a legislative service agency. See Hawaii Revised Statutes 21E-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Lessee: means the lessee under a residential lease and the successors in interest of the lessee. See Hawaii Revised Statutes 171-71
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited liability company: means a business entity that is recognized as a limited liability company under the laws of the state in which it is established. See Hawaii Revised Statutes 11-302
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Hawaii Revised Statutes 490:2A-103
  • Manager: means the forestry and wildlife manager of a designated branch. See Hawaii Revised Statutes 185-1
  • Master plan: means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by § 200D-3. See Hawaii Revised Statutes 200D-1
  • Measure: means any act, certificate, resolution, statute, or other enactment authorizing the issuance of bonds or authorizing an indenture with respect to bonds pursuant to an authorizing statute. See Hawaii Revised Statutes 39-161
  • Mediation: means assistance by a neutral third party to resolve an impasse between the public employer and the exclusive representative through interpretation, suggestion, and advice. See Hawaii Revised Statutes 89-2
  • Member: means a member of the joint legislative management committee. See Hawaii Revised Statutes 21E-1
  • Members: means the members of the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
  • Mitigation plan: means a plan, approved by the department, for the care and disposition of historic properties, aviation artifacts, and burial sites or the contents thereof, that includes monitoring, protection, restoration, and interpretation plans. See Hawaii Revised Statutes 6E-2
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 271-4
  • 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
  • Natural disaster: means any disaster caused by seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, or flood. See Hawaii Revised Statutes 171-85
  • Net general fund revenues: means for any fiscal year the amount of moneys paid into the general fund in the fiscal year, less the amounts paid therein in the fiscal year (1) received as grants from the federal government and (2) in reimbursement of the payment therefrom during such year of the principal of and interest on reimbursable general obligation bonds of the State that are excluded in determining the power of the State to issue general obligation bonds for the purposes of § 13 of Article VII of the Constitution. See Hawaii Revised Statutes 39-91
  • Newspaper: means a publication of general distribution in the State issued once or more per month, which is written and published in the State. See Hawaii Revised Statutes 11-302
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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

  • Nonprofit organization: means an organization that is exempt from federal taxation under § 501(c)(4) of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 11-302
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Occupier: means a person entitled to the possession of land under a certificate of occupation. See Hawaii Revised Statutes 171-97
  • Office: means the office of the legislative analyst. See Hawaii Revised Statutes 21F-2
  • Office: means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices. See Hawaii Revised Statutes 11-302
  • On-line: means accessed by the use of data communications hardware and software. See Hawaii Revised Statutes 21D-1
  • One call center: means a private provider selected by the commission pursuant to § 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. See Hawaii Revised Statutes 269E-2
  • Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 269E-2
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Park: means an area which, by reason of location, natural features, scenic beauty or legendary, historical, or scientific interest, possesses distinctive physical, aesthetic, intellectual, creative, or social values. See Hawaii Revised Statutes 184-1
  • Parkway: means an elongated park transversed by a pleasure vehicle road, but does not include the road. See Hawaii Revised Statutes 184-1
  • 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 § 11-61. See Hawaii Revised Statutes 11-302
  • Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 271-4
  • person: means any individual or organization. See Hawaii Revised Statutes 90-1
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Hawaii Revised Statutes 261-1
  • Person: means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity. See Hawaii Revised Statutes 269E-2
  • Person: includes individual and entity. See Hawaii Revised Statutes 414-3
  • Person: means any individual, firm, corporation, partnership, or association. See Hawaii Revised Statutes 6E-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 an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
  • Person: means one or more individuals and does not include any partnership, firm, or corporation. See Hawaii Revised Statutes 171-71
  • Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
  • Personal property: All property that is not real property.
  • persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271-4
  • place of business: means the entire premises occupied by a retailer of electronic smoking devices and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which electronic smoking devices are sold or distributed to a consumer. See Hawaii Revised Statutes 28-162
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 261-1
  • Political committees established and maintained by a national political party: means :

         (1)  The National Committee;

         (2)  The House Campaign Committee; and

         (3)  The Senate Campaign Committee. See Hawaii Revised Statutes 11-302

  • Portal manager: means the entity or person engaged to manage and operate the internet portal on behalf of the State. See Hawaii Revised Statutes 27G-1
  • Possess: means to place under direct physical control, restraint, or confinement. See Hawaii Revised Statutes 183D-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.
  • Predators: means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. See Hawaii Revised Statutes 183D-1
  • Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in § 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Hawaii Revised Statutes 490:2A-103
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. See Hawaii Revised Statutes 46-122
  • Principal office: means the office (in or out of this State) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Hawaii Revised Statutes 414-3
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
  • Programmatic agreement: means a document that sets forth the terms of a formal, legally binding agreement and establishes a process for consultation, review, and compliance with federal laws. See Hawaii Revised Statutes 6E-2
  • project: means any facility for each single project or multiproject program of a project party and includes any structure or building suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health care facility; laboratory; laundry; nurses' or [interns'] residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health care facility; dental care facility; nursing school; medical or dental school or teaching facility; mental or physical health facilities related to any such structure or facility; equipment; software; or any other structure, facility, equipment, or software required or useful for the operation of a health care facility, including, but not limited to, offices, parking lots and garages, and other supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and including the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility, and including the refinancing of outstanding obligations of a project party relating to any of the foregoing. See Hawaii Revised Statutes 39A-31
  • Project: means any combination of land, buildings, and other improvements thereon, for use as a manufacturing 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-71
  • 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: means any activity directly undertaken by the State or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, loans, or other forms of funding assistance from the State or its political subdivisions or involving any lease, permit, license, certificate, land use change, or other entitlement for use issued by the State or its political subdivisions. See Hawaii Revised Statutes 6E-2
  • Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of the bonds to assist not-for-profit corporations that provide health care facilities to the general public, including without limitation any loan agreement, lease, sublease, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof, entered into by the department with a project party and, where necessary or appropriate, with a lender, lessor, or other third party. See Hawaii Revised Statutes 39A-31
  • Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a manufacturing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-71
  • 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 not-for-profit corporation that provides health care facilities to the general public. See Hawaii Revised Statutes 39A-31
  • Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a manufacturing enterprise in this State. See Hawaii Revised Statutes 39A-71
  • 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
  • property abandoned: means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours. See Hawaii Revised Statutes 171-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public employee: means any person employed by a public employer, except elected and appointed officials and other employees who are excluded from coverage in section [89-6(f)]. See Hawaii Revised Statutes 89-2
  • public employer: means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, the board of education in the case of the department of education, the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of these employers or acts in their interest in dealing with public employees. See Hawaii Revised Statutes 89-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public nuisances: shall include but not be limited to the placement of structures, stalls, stands, furniture, and containers on streets, sidewalks, and public places where the placement of structures, stalls, stands, furniture, and containers are inconsistent with or frustrate the purpose, function, or activity for which the street, sidewalk, or public place was intended. See Hawaii Revised Statutes 46-15.6
  • Public purpose: as used in this chapter , unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks. See Hawaii Revised Statutes 171-1
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Hawaii Revised Statutes 490:2A-103
  • Qualifying contribution: means an aggregate monetary contribution of $100 or less by an individual Hawaii resident during a matching payment period that is received after a candidate files a statement of intent to seek public funds. See Hawaii Revised Statutes 11-302
  • Quorum: The number of legislators that must be present to do business.
  • Rates: includes rates, fares, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 261E-2
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle. See Hawaii Revised Statutes 271-4
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative 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 a health care facility or consolidation of such indebtedness with indebtedness of the State incurred for a health care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-31
  • Related company: means a company or persons that directly, or indirectly through one or more subsidiaries, affiliates, or a holding company, controls or is controlled by, or is under common control with, a Hawaii air carrier. See Hawaii Revised Statutes 261E-2
  • Release: means to free an animal from effective confinement or restraint. See Hawaii Revised Statutes 183D-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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under § 414-231(c) for preparation and custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. See Hawaii Revised Statutes 414-3
  • Senate: means the state senate. See Hawaii Revised Statutes 21F-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.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-3
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
  • Special election: means any election other than a primary or general election. See Hawaii Revised Statutes 11-302
  • State: means the State of Hawaii. See Hawaii Revised Statutes 88F-1
  • State historic preservation officer: means that officer appointed by the governor as provided in § 6E-5. See Hawaii Revised Statutes 6E-2
  • State park system: means the parks and parkways designated by the department, control of which is acquired by the department as provided in this part. See Hawaii Revised Statutes 184-1
  • Statute: A law passed by a legislature.
  • Strike: means a public employee's refusal, in concerted action with others, to report for duty, or the employee's wilful absence from the employee's position, or the employee's stoppage of work, or the employee's abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment; and except in the case of absences authorized by public employers, includes such refusal, absence, stoppage, or abstinence by any public employee out of sympathy or support for any other public employee who is on strike or because of the presence of any picket line maintained by any other public employee; provided that, nothing herein shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of employment. See Hawaii Revised Statutes 89-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 269E-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Hawaii Revised Statutes 490:2A-103
  • Take: means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. See Hawaii Revised Statutes 183D-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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transportation of persons: includes every service in connection with or incidental to the comfort or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 261E-2
  • Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271-4
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, carriage, preservation, and delivery, and all incidental services affecting these activities. See Hawaii Revised Statutes 261E-2
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 271-4
  • Treasurer: means a person appointed under § 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Hawaii Revised Statutes 414-3
  • 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.
  • Value added electronic services: means services, including but not limited to:

         (1)  Providing periodic, continual, and ongoing access to information maintained by a government agency without requiring separate requests for information as it is created;

         (2)  Compiling data or performing other research services;

         (3)  Permitting the electronic filing of reports, renewals, or application; or

         (4)  Enabling the transaction of business over the internet portal. See Hawaii Revised Statutes 27G-1

  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • volunteer: means any person who of the person's own free will provides goods or services to an agency with no monetary or material gain and includes material donors, occasional-service, regular-service, and stipended volunteers. See Hawaii Revised Statutes 90-1
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Hawaii Revised Statutes 414-3
  • wages: includes the number of incremental and longevity steps, the number of pay ranges, and the movement between steps within the pay range and between the pay ranges on a pay schedule under a collective bargaining agreement. See Hawaii Revised Statutes 89-2
  • watershed: as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained. See Hawaii Revised Statutes 183-31
  • Wild birds: means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds. See Hawaii Revised Statutes 183D-1
  • Wildlife: means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 183D-1
  • Wildlife: means any non-domesticated member of the animal kingdom, including game birds and mammals designated by law or rules for hunting, whether reared in captivity or not, and includes any part, product, egg or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 197-1