Terms Used In Hawaii Revised Statutes > Chapter 327E - Uniform Health-Care Decisions Act (Modified)

• Acquisition: means acquiring by contract supplies or services, including construction, by and for the use of the State through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, or evaluated. See Hawaii Revised Statutes 196-11
• 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.
• Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
• Aerial device: means any fireworks containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise into the air and explode or detonate in the air or to fly about above the ground, and that is prohibited for use by any person who does not have a permit for display issued by a county under § 132D-16. See Hawaii Revised Statutes 132D-2
• 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
• Agency: means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project. See Hawaii Revised Statutes 196D-3
• Agency: means any executive department, independent commission, board, bureau, office, or other establishment of the State, or any quasi-public institution that is supported in whole or in part by state funds. See Hawaii Revised Statutes 196-11
• Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 327E-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.
• 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.
• Applicant: means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project. See Hawaii Revised Statutes 196D-3
• Approval: means a discretionary consent required from an agency prior to the actual implementation of the project. See Hawaii Revised Statutes 196D-3
• Articles pyrotechnic: means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation. See Hawaii Revised Statutes 132D-2
• Attorney general: means the attorney general of the State or any duly designated deputy attorney general. See Hawaii Revised Statutes 37D-1
• 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.
• Authority: means the Mauna Kea stewardship and oversight authority. See Hawaii Revised Statutes 195H-2
• Authority: means the Hawaii green infrastructure authority as established under section 196-63. See Hawaii Revised Statutes 196-61
• Available: means that the vehicle is physically present and not rented for the requested rental period. See Hawaii Revised Statutes 196-2
• Available moneys: means moneys appropriated or otherwise made available, from time to time, by the legislature to pay amounts due under a financing agreement for the fiscal period in which the payments are due, together with any unexpended proceeds of the financing agreement, and any reserves or other amounts that have been deposited in trust to pay amounts due under the financing agreement. See Hawaii Revised Statutes 37D-1
• 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.
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:

  (1) The effect of the treatment on the physical, emotional, and cognitive functions of the patient;

  (2) The degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of the treatment;

  (3) The degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, results in a severe and continuing impairment;

  (4) The effect of the treatment on the life expectancy of the patient;

  (5) The prognosis of the patient for recovery, with and without the treatment;

  (6) The risks, side effects, and benefits of the treatment or the withholding of treatment; and

  (7) The religious beliefs and basic values of the individual receiving treatment, to the extent that these may assist the surrogate decision-maker in determining benefits and burdens. See Hawaii Revised Statutes 327E-2

• Board: means any department or board of a county authorized to issue revenue bonds under this chapter. See Hawaii Revised Statutes 49-1
• 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

• Bond: means any bond, note, and other evidence of indebtedness that is issued by the State pursuant to part of chapter 269. See Hawaii Revised Statutes 196-61
• Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. See Hawaii Revised Statutes 327E-2
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Chambers: A judge's office.
• Chief energy officer: means the chief energy officer of the Hawaii state energy office. See Hawaii Revised Statutes 196-81
• Child: means a person under eighteen years of age. See Hawaii Revised Statutes 28-181
• Cigarette: means :

  (1) Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; or

  (2) Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1). See Hawaii Revised Statutes 132C-2

• Civil service: includes all positions within a jurisdiction that are not exempted by § 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit. See Hawaii Revised Statutes 76-11
• Clean energy investments: means the purchase, installation, or both, of clean energy technology, including energy-efficiency measures, green transportation infrastructure, recycling, and renewable energy technology. See Hawaii Revised Statutes 196-61
• Clean energy technology: means any technology as defined in section 269-121(b). See Hawaii Revised Statutes 196-61
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial property: means any existing or new real property not defined as a residential property, and shall include any property where there is a leasehold or possessory interest in the property and any multi-family dwelling or townhouse consisting of five or more units as well as agricultural property. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing assessment: means the non-ad valorem special tax assessment that secures the repayment of financing obtained by an owner of commercial property for a qualifying improvement and that appears on a property tax bill. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing assessment contract: means the financing contract, under the commercial property assessed financing program, by and among one or more commercial property assessed financing lenders, one or more commercial property owners, and the authority as the administrator of the commercial property assessed financing program for the acquisition or installation of qualifying improvements. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing lender: means a financial institution as defined pursuant to § 412:1-109, or a private or public lender approved by the authority, as the administrator of the commercial property assessed financing program, to originate commercial property assessed financing assessment contracts, and which may include any successor or assignee of the lender as provided in the commercial property assessed financing assessment contract. See Hawaii Revised Statutes 196-61
• Commercial property assessed financing program: means a program to finance qualifying improvements on commercial properties that are repaid through a non-ad valorem special tax assessment on the commercial property owner's property tax bill. See Hawaii Revised Statutes 196-61
• Commercial sexual exploitation of children: means any sexual activity involving a child for the exchange or promise of anything of value by any person. See Hawaii Revised Statutes 28-181
• Commissioning: means a quality-oriented process, which takes place during design and construction, for achieving, verifying, and documenting that the performance of facilities, systems, and assemblies meets defined objectives and criteria with regards to energy conservation design strategies and the energy performance of buildings. See Hawaii Revised Statutes 196-11
• Committee: means the access Hawaii committee. See Hawaii Revised Statutes 27G-1
• committee: means the legislative advisory committee. See Hawaii Revised Statutes 23-62
• 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.
• Compact fluorescent lamp: means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes the following characteristics:
  (1) One base (end cap) of any type, including but not limited to screw, bayonet, two pins, and four pins;
  (2) Integrally ballasted or non-integrally ballasted;
  (3) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• Compensation: means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered. See Hawaii Revised Statutes 196-81
• 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.
• Consumer fireworks: include firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction that are designed to produce the same or similar effects. See Hawaii Revised Statutes 132D-2
• Continuance: Putting off of a hearing ot trial until a later time.
• Conventional vehicle: means a vehicle powered solely by an internal combustion engine. See Hawaii Revised Statutes 196-2
• Cost-effective: means that utility bill savings are achieved by the installation of an energy-efficiency measure; provided that the utility bill savings exceed the energy-efficiency measure's installation and carrying costs in an amount sufficient to repay a loan issued pursuant to section 196- and in the manner required by that section. See Hawaii Revised Statutes 196-61
• counties: means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 50-2
• County: means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, the board of water supply of the city and county of Honolulu and the boards of water supply of the counties of Hawaii, Kauai, and Maui. See Hawaii Revised Statutes 49-1
• county director of budget and fiscal services: means the officer or officers of the county charged with the responsibility of administering the real property taxation function of the county. See Hawaii Revised Statutes 196-61
• Cultural: means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii. See Hawaii Revised Statutes 132D-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of budget and finance of the State. See Hawaii Revised Statutes 37D-1
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Department: means the department of land and natural resources or any successor agency. See Hawaii Revised Statutes 196D-3
• Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 196-61
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 26H-3
• 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 head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director. See Hawaii Revised Statutes 76-11
• Director: means the director of business, economic development, and tourism, or the director's designee. See Hawaii Revised Statutes 196-61
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 196D-3
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Display: means the use of aerial devices, display fireworks, or articles pyrotechnic for any activity, including such activities as movie or television production. See Hawaii Revised Statutes 132D-2
• Display fireworks: means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". See Hawaii Revised Statutes 132D-2
• Distributed energy resources: includes but is not limited to solar photovoltaic and thermal, wind, combined heat and power, electrical and thermal energy storage, demand response technologies, alternative energy vehicles and related infrastructure, microgrids, energy efficiency, and advanced inverters. See Hawaii Revised Statutes 196-2
• Distributor: means :

  (1) Every person who refines, manufactures, produces, or compounds fuel in the State and sells it at wholesale or retail, or who uses it directly in the manufacture of products or for the generation of power;

  (2) Every person who imports or causes to be imported into the State, or exports or causes to be exported from the State, any fuel;

  (3) Every person who acquires fuel through exchanges with another distributor; and

  (4) Every person who purchases fuel for resale at wholesale or retail rates from any person described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 196-2

• Electric vehicle: means a vehicle powered by an electric motor via electricity:

  (1) Stored in a high capacity battery; or

  (2) Generated from an onboard fuel cell. See Hawaii Revised Statutes 196-2

• Electricity: means all electrical energy produced by combustion of any fuel, or generated or produced using wind, the sun, geothermal heat, ocean water, falling water, currents, and waves, or any other source. See Hawaii Revised Statutes 196-2
• Emancipated minor: means a person under eighteen years of age who is totally self-supporting. See Hawaii Revised Statutes 327E-2
• Energy: means work or heat that is, or may be, produced from any fuel or source whatsoever. See Hawaii Revised Statutes 196-2
• Energy resources: means fuel, and also includes all electrical or thermal energy produced by combustion of any fuel, or generated, produced, or stored using wind, the sun, geothermal heat, ocean water, falling water, currents, waves, or any other source. See Hawaii Revised Statutes 196-2
• ENERGY STAR: means a labeling program introduced by the United States Environmental Protection Agency in 1992 as a voluntary labeling program designed to identify and promote energy-efficient products, in order to reduce carbon dioxide emissions. See Hawaii Revised Statutes 196-11
• Energy-efficiency measure: means any type of project conducted, or technology implemented, to reduce the consumption of energy in a public building. See Hawaii Revised Statutes 196-61
• Environmental impact statement: means , as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190). See Hawaii Revised Statutes 196D-3
• 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.
• Facility: means a building or buildings or similar structure owned or leased by, or otherwise under the jurisdiction of, an agency. See Hawaii Revised Statutes 196-11
• Faucet: means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet. See Hawaii Revised Statutes 196-81
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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
• Financing order: means the same as defined in section 269A-161. See Hawaii Revised Statutes 196-61
• Financing party: means the same as defined in section 269A-161. See Hawaii Revised Statutes 196-61
• Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. See Hawaii Revised Statutes 132D-2
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fuel: means fuels, whether liquid, solid, or gaseous, commercially usable for energy needs, power generation, and fuels manufacture, that may be manufactured, grown, produced, or imported into the State or that may be exported therefrom, including petroleum and petroleum products and gases to include all fossil fuel-based gases, coal tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural products used as fuels and as feedstock to produce fuels, and all fuel alcohols. See Hawaii Revised Statutes 196-2
• 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
• Green energy money saver on-bill program: means the tariff-based on-bill repayment mechanism approved for the exclusive use of the authority by the commission. See Hawaii Revised Statutes 196-61
• Green infrastructure bond fund: means the special fund created pursuant to section 196-67. See Hawaii Revised Statutes 196-61
• Green infrastructure charge: means the on-bill charges for the use and services of the loan program, including the repayment of loans made under the loan program, as authorized by the public utilities commission to be imposed on electric utility customers. See Hawaii Revised Statutes 196-61
• Green infrastructure costs: means costs incurred or to be incurred by the electric utility customers to pay for clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure including, without limitation, the purchase or installation of green infrastructure equipment, programs, and services authorized by the loan program. See Hawaii Revised Statutes 196-61
• Green infrastructure equipment: means infrastructure improvements, equipment, and personal property to be installed to deploy clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure. See Hawaii Revised Statutes 196-61
• Green infrastructure fee: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• Green infrastructure loan program order: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• green infrastructure loans: means the program established by this part under § 196-62 and capitalized by the issuance of green energy market securitization bonds to finance the purchase or installation of green infrastructure equipment for clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services as authorized by the public utilities commission using the proceeds of bonds . See Hawaii Revised Statutes 196-61
• Green infrastructure property: means the same as defined in section 269-161. See Hawaii Revised Statutes 196-61
• Green infrastructure special fund: means the special fund created pursuant to section 196-67. See Hawaii Revised Statutes 196-61
• Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
• Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:

  (1) Selection and discharge of health-care providers and institutions;

  (2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and

  (3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-care providers or institutions. See Hawaii Revised Statutes 327E-2

• Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 327E-2
• Health-care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327E-2
• Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327E-2
• High color rendering index fluorescent lamp: means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp. See Hawaii Revised Statutes 196-81
• Human trafficking: includes "severe forms of trafficking in persons" as defined in title 22 United States Code § 7102(11), and "sex trafficking" as defined in title 22 United States Code § 7102(12) and as described in section 712-1202. See Hawaii Revised Statutes 28-181
• Hybrid vehicle: means a vehicle powered by a combination of an electric motor and a small internal combustion engine. See Hawaii Revised Statutes 196-2
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual instruction: means an individual's direction concerning a health-care decision for the individual. See Hawaii Revised Statutes 327E-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interagency group: means the body established pursuant to § 196D-6. See Hawaii Revised Statutes 196D-3
• Interested persons: means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values. See Hawaii Revised Statutes 327E-2
• 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 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
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Legislative body of the county: means the county council. See Hawaii Revised Statutes 50-2
• License: means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein. See Hawaii Revised Statutes 132D-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life-cycle cost-effective: means the life-cycle costs of a product, project, or measure that are estimated to be equal to or less than the base case, i. See Hawaii Revised Statutes 196-11
• Life-cycle costs: means the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and disposal costs, over the lifetime of the project, product, or measure. See Hawaii Revised Statutes 196-11
• Limited liability company: means a limited liability company formed under chapter 428. See Hawaii Revised Statutes 196-61
• 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
• Linear fluorescent lamp: means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
  (1) Two bases (end caps) of any type, including but not limited to single-pin, two-pin, and recessed double contact;
  (2) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0. See Hawaii Revised Statutes 196-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan fund program: means the clean energy and energy efficiency revolving loan fund program. See Hawaii Revised Statutes 196-61
• Loan program: means the activities and policies undertaken by any county to provide:

  (1) Assistance to members of the general public who are residents of the county by making loans or causing loans to be made available to them for purposes as may be authorized by law; or

  (2) Loans to private nonprofit organizations or public instrumentalities, or to wholly owned affiliates thereof, for the development of low and moderate income housing pursuant to section 46-15. See Hawaii Revised Statutes 49-1

• Manufacturer: means :

  (1) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere, and intends to sell these cigarettes:

  (A) In this State; or

  (B) Anywhere in the United States through an importer;

  (2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

  (3) Any entity that becomes a successor of an entity described in paragraph (1) or (2). See Hawaii Revised Statutes 132C-2

• Merit appeals board: means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board. See Hawaii Revised Statutes 76-11
• Mobile equipment: means any state-owned vessel, aircraft, or off-road vehicle. See Hawaii Revised Statutes 196-11
• 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.
• Non-ad valorem special tax assessment: means a special tax assessment or governmental charge levied by the county as provided in section 196- on a benefitted commercial property that appears on a property tax bill. See Hawaii Revised Statutes 196-61
• Option to purchase: means a legally binding agreement between a buyer and a seller, which gives the buyer the option, but not the obligation, to purchase the solar energy system or other installed equipment at an agreed upon price, prior to the maturity date of the power purchase agreement or energy performance contract. See Hawaii Revised Statutes 196-61
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Permanent: means the state of one object being affixed to another object by glue or other means in a manner that the affixed object is intended to not be easily removable. See Hawaii Revised Statutes 132D-2
• Permit: means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which a county is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein. See Hawaii Revised Statutes 132D-2
• Permit: means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project. See Hawaii Revised Statutes 196D-3
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327E-2
• Person: includes any individual, partnership, firm, association, trust, estate, corporation, joint venture, consortium, any public corporation or authority that may be established by the legislature for the purposes of the project, or other legal entity other than an agency. See Hawaii Revised Statutes 196D-3
• Personal property: means tangible personal property, software, and fixtures. See Hawaii Revised Statutes 37D-1
• Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 327E-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plumbing fixture: means an exchangeable device that connects to a plumbing system to deliver and drain away water and waste. See Hawaii Revised Statutes 196-81
• Political subdivision: means and includes all counties and municipalities of the State insofar as they are supported by or handle state or public funds. See Hawaii Revised Statutes 23-1
• Portable electric spa: means a factory-built electric spa or hot tub, which may include any combination of integral controls, water heating, or water circulating equipment. See Hawaii Revised Statutes 196-81
• 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
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• Power of attorney for health care: means the designation of an agent to make health-care decisions for the individual granting the power. See Hawaii Revised Statutes 327E-2
• Power purchase agreement: means a contract between two parties, one that generates electricity, or the seller, and one that seeks to purchase electricity, or the buyer, that defines all of the commercial terms for the sale of electricity between the two parties. See Hawaii Revised Statutes 196-61
• 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.
• 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.
• Primary physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Hawaii Revised Statutes 327E-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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 the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:

  (1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and

  (2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. See Hawaii Revised Statutes 196D-3

• Property rights: means , with respect to personal property, the rights of a secured party under chapter 490, and, with respect to real property, the rights of a trustee or lender under a lease authorized by section 37D-3(4). See Hawaii Revised Statutes 37D-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• pyrotechnic contents: means the combustible or explosive component of fireworks. See Hawaii Revised Statutes 132D-2
• Qualifying improvement: means a septic system or aerobic treatment unit system or connection to sewer systems, clean energy technology, efficiency technology, resiliency measure, or other improvement approved by the authority. See Hawaii Revised Statutes 196-61
• 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.
• Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Hawaii Revised Statutes 327E-2
• Recess: A temporary interruption of the legislative business.
• Renewable energy: means energy produced by solar, energy conserved by passive solar design/daylighting, ocean thermal, wind, wave, geothermal, waste-to-energy, or biomass power. See Hawaii Revised Statutes 196-11
• Renewable energy technology: means the equipment and related accessories required to generate or produce renewable energy. See Hawaii Revised Statutes 196-61
• Rental contractor: means an entity that rents, leases, or proposes to rent or lease, vehicles to state employees for purposes of official government business under a contract pursuant to this chapter. See Hawaii Revised Statutes 196-2
• Repeal date: means the effective date of repeal established for various chapters by § 26H-4. See Hawaii Revised Statutes 26H-3
• Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five per cent of the time. See Hawaii Revised Statutes 132C-2
• Residential ventilating fan: means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to the outdoors. See Hawaii Revised Statutes 196-81
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retro-commissioning: means a quality-oriented process, which takes place after systems have been placed in operation, for achieving, verifying, and documenting that the performance of facilities, systems, and assemblies perform as closely as possible to defined performance criteria, with regards to energy conservation design strategies and the energy performance of buildings. See Hawaii Revised Statutes 196-11
• Revenue: means the moneys collected, including any moneys collected from the county or any department thereof, from the rates, rentals, fees and charges prescribed for the use and services of, and the facilities and commodities furnished by, an undertaking or the use and services and benefits of a loan program. See Hawaii Revised Statutes 49-1
• Revenue bonds: means all bonds payable solely from and secured by the revenue, or user taxes, or any combination of both, of an undertaking or loan program or any loan made thereunder for which such bonds are issued and as otherwise provided in this chapter. See Hawaii Revised Statutes 49-1
• Revolving line of credit: means a type of credit in which loan advances are made for eligible purposes and where repaid principal deposited back into the sub-fund may be re-borrowed. See Hawaii Revised Statutes 196-61
• selling: means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration. See Hawaii Revised Statutes 132C-2
• Service of process: The service of writs or summonses to the appropriate party.
• Showerhead: includes handheld showerheads and any other showerhead, except a safety showerhead. See Hawaii Revised Statutes 196-81
• Software: includes software, training, and maintenance contracts related to the operation of computer equipment. See Hawaii Revised Statutes 37D-1
• Special purpose entity: means a legal entity created to fulfill narrow, specific, or temporary objectives and is typically used by companies to isolate the firm from financial risk. See Hawaii Revised Statutes 196-61
• Spray sprinkler body: means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice. See Hawaii Revised Statutes 196-81
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327E-2
• State employee: means an employee of the State, including all permanent and temporary employees of the state judicial, executive, and legislative branches and their respective departments, offices, and agencies. See Hawaii Revised Statutes 196-2
• Statute: A law passed by a legislature.
• Sub-fund: means a separate fund established within the Hawaii green infrastructure special fund for a specific purpose. See Hawaii Revised Statutes 196-61
• Subaccount: means a fund that is established within, but separate from, another fund and is reserved for a specific purpose. See Hawaii Revised Statutes 196-61
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Suitable: means the vehicle has the performance capabilities needed for the intended application, including payload and weight capacity for the job or is capable of holding a charge for the time and mileage needed. See Hawaii Revised Statutes 196-2
• Supervising health-care provider: means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Hawaii Revised Statutes 327E-2
• Surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. See Hawaii Revised Statutes 327E-2
• television production: means a series of activities that are directly related to the creation of visual and cinematic imagery to be delivered via film, videotape, or digital media and are to be sold, distributed, or displayed as entertainment or the advertisement of products for mass public consumption, including scripting, casting, set design and construction, transportation, videography, photography, sound recording, interactive game design, and post production. See Hawaii Revised Statutes 132D-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Townhouse: means a series of individual houses, having architectural unity and a common wall between each unit. See Hawaii Revised Statutes 196-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trough-type urinal: means a urinal designed for simultaneous use by two or more persons. See Hawaii Revised Statutes 196-81
• Undertaking: means any public works and properties, improvement, or system owned or operated by the county, and from which the county may derive revenue, or with respect to which the county may derive user taxes, including but not limited to one or a combination of two or more of the following: water, sewerage, gas or electric, heat, light or power works, solid waste processing and disposal, public off-street parking facilities, plants, systems, and low and moderate income housing projects provided pursuant to section 46-15. See Hawaii Revised Statutes 49-1
• 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
• Urinal: includes a trough-type urinal. See Hawaii Revised Statutes 196-81
• Utility: means a public utility as defined in § 269-1. See Hawaii Revised Statutes 196-11
• Water cooler: includes a storage-type water cooler and an on-demand water cooler. See Hawaii Revised Statutes 196-81
• Wholesaler: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.