Part I General Provisions 27-1 – 27-9
Part II Schools 27-11 – 27-14
Part III Health 27-21.4 – 27-21.6
Part IV Junior Police 27-26
Part V Highways; Parks; Historical Sites 27-31 – 27-32
Part VII Technology 27-41 – 27-45
Part VIII Hawaii Performance Partnerships Board 27-51 – 27-54
Part IX [Repealed Effective 6/30/2025] Office of Wellness and Resilience 27-61 – 27-64
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Terms Used In Hawaii Revised Statutes > Chapter 27 - State Functions and Responsibilities

  • 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
  • Accredited: means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
  • Acreage assessments: means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities. See Hawaii Revised Statutes 174-2
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the judiciary, any executive department, independent commission, board, authority, bureau, office, other establishment of the State (except the legislature and its agencies), or public corporation that is supported in whole or in part by state funds, or any agent thereof, authorized by law to expend available moneys; provided that the Hawaii health systems corporation and its regional system boards shall not be governed by this chapter for any financing agreement unless it elects to be. See Hawaii Revised Statutes 37D-1
  • Alternative enrollment: means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, the University of Hawaii system, an area vocational school, or any other educational arrangement acceptable to the director. See Hawaii Revised Statutes 305J-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual state ceiling: means the principal amount of private activity bonds which may be issued in each calendar year by all issuers and counties in the State under the Internal Revenue Code of 1986, as the same may be amended. See Hawaii Revised Statutes 39B-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.
  • appraisal: means a written statement, independently and impartially prepared by a qualified appraiser who meets qualification criteria established by the State, setting forth an opinion of the fair market value of adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See Hawaii Revised Statutes 113-5
  • 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
  • Appurtenant works: means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, low level outlet works, aboveground freshwater storage tanks, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment. See Hawaii Revised Statutes 39A-341
  • Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 187A-1
  • 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 or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
  • 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
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Authorization: means the authorization granted to a private college or university, seminary, or religious training institution as provided in this chapter and any applicable rules and policies. See Hawaii Revised Statutes 305J-2
  • Authorized planned use: means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. See Hawaii Revised Statutes 174C-3
  • Authorizing statute: means any statute which authorizes the issuance of bonds. See Hawaii Revised Statutes 39-161
  • 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.
  • 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
  • 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 173A-2
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 174-2
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 187A-1
  • Board: means the board of water supply of each county;

    "Council" means the council of each county;

    "County" means a county or city and county of the State;

    "County attorney" means the legal advisor of a county;

    "County auditor" means the auditor or finance officer of a county performing the audit function;

    "County treasurer" means the county official maintaining its treasury;

    "Mayor" means the executive officer of a county. See Hawaii Revised Statutes 54-11

  • 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 174C-3
  • 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
  • Bond: means any bond, note, or other evidence of indebtedness or lease with separately stated principal and interest components or certificates of participation therein. See Hawaii Revised Statutes 39C-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-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
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-221
  • bonds: means bonds, notes, or other evidence of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-251
  • bonds: means bonds, notes, or other evidence of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-281
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-311
  • bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-341
  • Building lease: means a contract between the department and private investor in which the private investor conveys an improved facility to the department for a specified period of time. See Hawaii Revised Statutes 107D-1
  • Business: means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization. See Hawaii Revised Statutes 111-2
  • candidate: means a degree-granting institution that has submitted an application for accreditation to a regional or national accrediting agency recognized by the United States Department of Education; provided that the application has been accepted pursuant to the accrediting agency's application requirements and is pending approval by the accrediting agency. See Hawaii Revised Statutes 305J-2
  • Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Chairperson: means the chairperson of the commission on water resource management. See Hawaii Revised Statutes 174C-3
  • Change in use: means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial uses. See Hawaii Revised Statutes 174C-3
  • 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
  • Code: means the housing, building, and zoning codes of the counties. See Hawaii Revised Statutes 111-2
  • Commercial marine license: means a license issued to take marine life within or outside the State for commercial purpose. See Hawaii Revised Statutes 187A-1
  • Commercial marine licensee: means a person who has been issued a commercial marine license pursuant to § 189-2. See Hawaii Revised Statutes 187A-1
  • Commercial purpose: means the taking of marine life for profit or gain or as a means of livelihood where the marine life is taken in or outside of the State, or where the marine life is sold, offered for sale, landed, or transported for sale anywhere in the State. See Hawaii Revised Statutes 187A-1
  • Commission: means the [commission for national and community service]. See Hawaii Revised Statutes 90D-1
  • Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
  • 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.
  • compensation: as used in this part means:
    (A) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;
    (B) Overtime, differentials, and supplementary payments;
    (C) Bonuses and lump sum salary supplements;
    (D) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and
    (E) Retroactive payments of those purposes and nature authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64;
    (2) Bonuses and lump sum salary supplements shall be deemed earned when payable; provided that bonuses or lump sum salary supplements in excess of one-twelfth of compensation for the twelve months before the month in which the bonus or lump sum salary supplement is payable, exclusive of overtime, bonuses, and lump sum salary supplements, shall be deemed earned:
    (A) During the period agreed-upon by the employer and employee, but in any event over a period of no less than twelvemonths; or
    (B) In the absence of an agreement between the employer and the employee, over the twelvemonths before the date on which the bonus or lump sum salary supplement is payable; and
    (3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64. See Hawaii Revised Statutes 88-21.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • concession: as used in this chapter means the grant to a person of the privilege to:

    (1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;
    (2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and
    (3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. See Hawaii Revised Statutes 102-1
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means contracts for construction under chapter 103D. See Hawaii Revised Statutes 103B-1
  • contractor: includes a subcontractor where applicable. See Hawaii Revised Statutes 103B-1
  • 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.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Dam: means any artificial barrier, including appurtenant works, that impounds or diverts water and that:

    (1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse to a maximum water storage elevation;

    (2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more; provided that this definition shall not apply to any artificial barrier that is less than six feet in height regardless of storage capacity or that has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height; or

    (3) Meets additional criteria or is specifically exempt as determined pursuant to rules adopted by the board of land and natural resources. See Hawaii Revised Statutes 39A-341

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. See Hawaii Revised Statutes 305J-2
  • Deliver: includes mail. See Hawaii Revised Statutes 414-3
  • Department: means the department of budget and finance of the State. See Hawaii Revised Statutes 37D-1
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39B-1
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39C-1
  • Department: means the department of accounting and general services. See Hawaii Revised Statutes 107D-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 173A-2
  • 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 budget and finance. See Hawaii Revised Statutes 39A-191
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-221
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-251
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-281
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-311
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-341
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
  • 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 174C-3
  • 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 184-1
  • Dependent: A person dependent for support upon another.
  • Development agreement: means an agreement between the State and a private investor which, at a minimum, includes:

    (1) A description of the work to be done;

    (2) The sale price for the facility;

    (3) The duration of the agreement;

    (4) The roles and responsibilities of the department and the private investor; and

    (5) The terms and conditions for the ground lease and building lease. See Hawaii Revised Statutes 107D-1

  • Devise: To gift property by will.
  • Director: means the director of finance of the State or any duly designated deputy director of finance. See Hawaii Revised Statutes 37D-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
  • 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:
  • Displaced person: means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property on or after June 25, 1970, as a result of the acquisition or imminence of acquisition of such real property, in whole or in part, by a state agency or who moves from such real property as a result of the acquisition or imminence of acquisition by such state agency of other real property on which such person is lawfully conducting a business or farm operation. See Hawaii Revised Statutes 111-2
  • District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
  • Early childhood education and care facility: means any property used primarily for the care and instruction of children from birth to age five; provided that it shall not include any property to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property used primarily in connection with any part of a program of a school or department of divinity of any religious denomination. See Hawaii Revised Statutes 39A-221
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
  • 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
  • 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
  • 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
  • Energy project: means any facilities for each single project or multiproject program of a project party, including a publicly owned energy cooperative, which is certified by the public utilities commission as being for the local furnishing of electric energy or gas; provided that any new generating unit for the production or generation of electric energy from fossil fuels shall not be considered an energy project for purposes of this part unless specifically authorized in any act providing for the authorization of the issuance of bonds pursuant to this part. See Hawaii Revised Statutes 39A-191
  • Enrollment agreement: means the contract prepared by a private college or university, seminary, or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the private college, university, seminary, or religious training institution's student handbook or catalog. See Hawaii Revised Statutes 305J-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: 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
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Exclusive representative: means the employee organization certified by the board under section 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
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Facility: means property under the management and control of the department that may contain land, buildings, or both. See Hawaii Revised Statutes 107D-1
  • 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: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See Hawaii Revised Statutes 111-2
  • Farm operation: means any lawful activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Hawaii Revised Statutes 111-2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • 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.
  • Financial institution: means any organization authorized to do business under state or federal laws relating to financial institutions, including without limitation banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions. See Hawaii Revised Statutes 37D-1
  • Financing agreement: means any lease purchase agreement, installment sale agreement, loan agreement, line of credit, or other agreement of the department or, with the approval of the director, and any agency, to finance the improvement, use, or acquisition of real or personal property that is or will be owned or operated by one or more agencies of the State, the department, or any agency, or to refinance previously executed financing agreements including certificates of participation relating thereto. See Hawaii Revised Statutes 37D-1
  • 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.
  • 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Governing board: means the elected or appointed group of persons that oversees and controls a private college or university, seminary, or religious training institution. See Hawaii Revised Statutes 305J-2
  • Governing body: means the councils of the counties, or any other body exercising the legislative powers of a county. See Hawaii Revised Statutes 39B-1
  • Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 174-2
  • 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.
  • Ground lease: means a lease of land executed between the State and private investor pursuant to which the private investor will renovate the existing facility, provide improvements, or construct a new building or buildings on a specified property. See Hawaii Revised Statutes 107D-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
  • 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.
  • Harvest: means the taking and retaining of marine life by any means whatsoever. See Hawaii Revised Statutes 187A-1
  • 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
  • Home state: means the state in which the institution holds its principal accreditation. See Hawaii Revised Statutes 305J-2
  • Honorary degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training. See Hawaii Revised Statutes 305J-2
  • Hydrologic unit: means a surface drainage area or a ground water basin or a combination of the two. See Hawaii Revised Statutes 174C-3
  • Impoundment: means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline. See Hawaii Revised Statutes 174C-3
  • 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
  • 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
  • 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
  • Issuer: means any state department, board, commission, officer, or authority, or private not-for-profit corporation authorized under the laws of the State to issue private activity bonds. See Hawaii Revised Statutes 39B-1
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • 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.
  • Juror: A person who is on the jury.
  • Land: means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land. See Hawaii Revised Statutes 173A-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
  • Law enforcement investigations staff investigators: means those employees in the investigations staff office of the department of law enforcement who have been conferred police powers by the director of law enforcement in accordance with § 353C-4 and are in the positions of investigator I to VII. See Hawaii Revised Statutes 88-21
  • 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: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
  • Legal material: means , whether or not in effect:

    (1) The Constitution of the State of Hawaii;

    (2) The Session Laws of Hawaii;

    (3) The Hawaii Revised Statutes;

    (4) A state agency rule that has or had the effect of law;

    (5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

    (6) State court rules. See Hawaii Revised Statutes 98-2

  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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.
  • Line of credit: means an account at a financial institution under which the financial institution agrees to lend money to the department or to an agency, with the approval of the director and the agency, from time to time to finance one or more projects that are authorized by this chapter. See Hawaii Revised Statutes 37D-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

  • Local furnishing of electric energy or gas: means providing property or land that is or will be:

    (1) Depreciable property or land;

    (2) Used to produce, collect, generate, transmit, store, distribute, or convey electric energy or gas, including without limitation, air or water pollution control facilities;

    (3) Used in the trade or business of furnishing electric energy or gas; and

    (4) Part of a system providing service to the general public of not more than two contiguous counties in the State. See Hawaii Revised Statutes 39A-191

  • Low- and moderate-income housing project: means any housing project where:

    (1) All project units are offered for rent, of which at least:

    (A) Twenty per cent of the units are rented to households with an income of up to fifty per cent of the area median income as determined by the United States Department of Housing and Urban Development;

    (B) Forty per cent of the housing units in the project are rented to households with an income of up to eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or

    (C) Sixty per cent of the housing units in the project are rented to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development;

    (2) All project units are offered for sale through the conveyance of individual units by deed or share, of which at least fifty per cent of the units are sold to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or

    (3) The project qualifies for federal tax exempt status pursuant to 26 U. See Hawaii Revised Statutes 39A-281

  • Marine life: means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. See Hawaii Revised Statutes 187A-1
  • 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
  • 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.
  • 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
  • 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 section 13 of Article VII of the Constitution. See Hawaii Revised Statutes 39-91
  • 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.
  • Oath: A promise to tell the truth.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • 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.
  • Official publisher: means :

    (1) For the Constitution of the State of Hawaii, the revisor of statutes;

    (2) For the Session Laws of Hawaii, the revisor of statutes;

    (3) For the Hawaii Revised Statutes, the revisor of statutes;

    (4) For any administrative agency rules, the office of the governor;

    (5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or

    (6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2

  • Out-of-state public institution: means an institution of higher education that is established by a government entity in a state other than Hawaii. See Hawaii Revised Statutes 305J-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :

    (1) An individual, if a private for-profit college or university is structured as a sole proprietorship;

    (2) Partners, if a private for-profit college or university is structured as a partnership;

    (3) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; and

    (4) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation. See Hawaii Revised Statutes 305J-2

  • Owner: means any person subject to chapter 179D who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam, reservoir, or appurtenant works are located or proposed to be located. See Hawaii Revised Statutes 39A-341
  • 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.
  • 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
  • Person: means

    (1) any individual, partnership, or corporation or association which is the owner of a business;

    (2) any owner, part-owner, tenant, or sharecropper operating a farm;

    (3) the head of a family;

    (4) an individual not a member of a family;

    (5) a nonprofit organization exempted from taxation under section 235-9. See Hawaii Revised Statutes 111-2

  • Person: includes individual and entity. See Hawaii Revised Statutes 414-3
  • Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
  • 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
  • Personal property: All property that is not real property.
  • persons: means an individual, firm, enterprise, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing. See Hawaii Revised Statutes 39A-341
  • Physical presence: means :

    (1) Having a physical location in the State, where students receive synchronous or asynchronous instruction; or

    (2) Establishing an administrative office in the State in order to:

    (A) Provide information to prospective students, enrolling students, or the general public about the institution;

    (B) Provide services to enrolled students;

    (C) Provide office space for instructional or non-instructional staff; and

    (D) Maintain an institutional mailing address, street address, or telephone number in the State. See Hawaii Revised Statutes 305J-2

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Possess: means to place under direct physical control, restraint, or confinement. See Hawaii Revised Statutes 183D-1
  • Predators: means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. See Hawaii Revised Statutes 183D-1
  • 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
  • Private college or university: means a nonpublic post-secondary education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
  • Private investor: means a non-governmental entity. See Hawaii Revised Statutes 107D-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
  • Project: means the real and personal property to be acquired or improved by the department or an agency with the proceeds of a financing agreement of the department or the agency, respectively, or provided to the agency by the department. See Hawaii Revised Statutes 37D-1
  • Project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers. See Hawaii Revised Statutes 174-2
  • 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 energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
  • Project: means the acquisition, purchase, design, development, construction, reconstruction, rehabilitation, improvement, betterment, extension, financing, or refinancing of low- and moderate-income housing. See Hawaii Revised Statutes 39A-281
  • Project: means any combination of land, buildings, and other improvements thereon, including without limitation irrigation systems and infrastructure, for use of, or for, or to assist an agricultural enterprise, including without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that are deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 39A-311
  • Project: means any work on a dam, reservoir, or appurtenant works necessary to maintain or improve the dam, reservoir, or appurtenant works. See Hawaii Revised Statutes 39A-341
  • 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 agreement: means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-191
  • Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of such bonds to assist not-for-profit corporations that provide early childhood education and care facilities that serve the general public, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-221
  • Project 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 the project party or for the project party or to loan the proceeds of such bonds to assist not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges, and universities that serve the general public, including, without limitation, on any loan agreement. See Hawaii Revised Statutes 39A-251
  • 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 the development of low- and moderate-income housing, or to loan the proceeds of the special purpose revenue bonds to assist a project party in the development of low- and moderate-income housing, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-281
  • 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 agricultural enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-311
  • 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 dam and reservoir owners, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-341
  • 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
  • Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191
  • Project party: means a not-for-profit corporation that provides an early childhood education and care facility that serves the general public. See Hawaii Revised Statutes 39A-221
  • Project party: means a not-for-profit private nonsectarian and sectarian elementary school, secondary school, college, and university that serves the general public. See Hawaii Revised Statutes 39A-251
  • Project party: means an entity engaged in the development of a low- and moderate-income housing project, including a not-for-profit private organization, for-profit private organization, or public instrumentalities and their qualified affiliates. See Hawaii Revised Statutes 39A-281
  • Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an agricultural enterprise. See Hawaii Revised Statutes 39A-311
  • Project party: means a person or persons who are dam and reservoir owners. See Hawaii Revised Statutes 39A-341
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provisional authorization: means authorization of a candidate for accreditation for no more than a five-year period, unless an extension is granted by the director for good cause, while the candidate for accreditation seeks to satisfy the requirement for institutional accreditation; provided that no provisional authorization shall be given for more than a ten-year period. See Hawaii Revised Statutes 305J-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 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
  • 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
  • Qualified aquaculturist: means a person, or association of persons, actively engaged in aquaculture farming, aquaculture produce processing, or aquaculture product development activities. See Hawaii Revised Statutes 187A-1
  • 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.
  • Reasonable-beneficial use: means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is both reasonable and consistent with the state and county land use plans and the public interest. See Hawaii Revised Statutes 174C-3
  • 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 98-2
  • Record date: means the date established under part [VII or VIII] of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Hawaii Revised Statutes 414-3
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes an early childhood education and care facility or consolidation of such indebtedness with indebtedness of the State incurred for an early childhood education and care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-221
  • refinancing: means the liquidation; the retirement; the provision for retirement through the proceeds of bonds issued by the State of any indebtedness of a project party incurred to finance or help finance a lawful purpose of the project party not financed pursuant to this part; or the consolidation of such indebtedness with indebtedness of the State incurred by the project party related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-251
  • refinancing: means the liquidation, the retirement, or the provision for retirement through the proceeds of bonds issued by the State of any indebtedness of a project party incurred to finance, in whole or in part, a low- and moderate-income housing project of the project party not financed pursuant to this part; or the consolidation of such indebtedness with indebtedness of the State related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-281
  • Release: means to free an animal from effective confinement or restraint. See Hawaii Revised Statutes 183D-1
  • religious training institution: means a bona fide religious post-secondary educational institution that has a physical presence in the State, that is exempt from property taxation under the laws of the State, and that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
  • 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
  • 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.
  • Reservoir: means any basin that contains or will contain water impounded by a dam, including appurtenant works. See Hawaii Revised Statutes 39A-341
  • 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 section 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
  • 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
  • Shark: means any member of the class Chondrichthyes, including but not limited to: inshore species of galapagos shark (Carcharhinus galapagensis), reef blacktip shark (Carcharhinus melanopterus), gray reef shark (Carcharhinus amblyrhynchos), big-nosed shark (Carcharhinus altimus), tiger shark (Galeocerdo cuvier), blacktip shark (Carcharhinus limbatus), smooth hammerhead shark (Sphyrna zygaena), reef whitetip shark (Triaenodon obesus), scalloped hammerhead shark (Sphyrna lewini), sandbar shark (Carcharhinus plumbeus), offshore species of white shark (Carcharodon carcharias), shortfin mako shark (Isurus oxyrinchus), silky shark (Carcharhinus falciformis), blue shark (Prionace glauca), whale shark (Rhincodon typus), thresher shark (Alopias vulpinus), oceanic whitetip shark (Carcharhinus longimanus), cookie cutter shark (Isistius brasiliensis), and megamouth shark (Megachasma pelagios). See Hawaii Revised Statutes 187A-1
  • State: means a state of the United States, the District of Columbia, 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 98-2
  • State: as used in this chapter , means the State of Hawaii and any department, agency, or instrumentality of the State, or a political subdivision of the State. See Hawaii Revised Statutes 113-5
  • State agency: means an agency or instrumentality created by the State and includes, for purposes of this chapter, county governmental agencies. See Hawaii Revised Statutes 111-2
  • 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.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • Stream diversion: means the act of removing water from a stream into a channel, pipeline, or other conduit. See Hawaii Revised Statutes 174C-3
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Sustainable yield: means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission. See Hawaii Revised Statutes 174C-3
  • Take: means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. See Hawaii Revised Statutes 183D-1
  • telecommunications common carrier: has the meaning defined by § 269-1. See Hawaii Revised Statutes 39A-191
  • Telecommunications project: means any facilities for each single project or multiproject program for the provision of telecommunications service of a project party that is a telecommunications carrier or a telecommunications common carrier. See Hawaii Revised Statutes 39A-191
  • Telecommunications service: has the meaning defined by section269-1. See Hawaii Revised Statutes 39A-191
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to fish: means catching, taking, or harvesting, or attempting to catch, take, or harvest, aquatic life. See Hawaii Revised Statutes 187A-1
  • 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.
  • Unaccredited post-secondary educational institution: means a degree-granting institution that is not accredited or a candidate for accreditation by at least one accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
  • uneconomic remnant: is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the State has determined to have little or no value or utility to the owner. See Hawaii Revised Statutes 113-5
  • 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
  • University of Hawaii system: means the post-secondary educational institution, including all campuses and community colleges, established and existing pursuant to article X, section 5, of the Hawaii State Constitution and chapter 304A. See Hawaii Revised Statutes 305J-2
  • urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the master plan for the county as a whole; or if there is no master plan for the county as a whole, then to the master plan for the urban area as a whole of which the urban renewal project area constitutes a part; and (2) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses; improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. See Hawaii Revised Statutes 53-52
  • 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.
  • 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
  • Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter. See Hawaii Revised Statutes 174-2
  • 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
  • Water source: means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof. See Hawaii Revised Statutes 174C-3
  • Water tolls: means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 174-2
  • 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
  • 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
  • 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
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.