Terms Used In Hawaii Revised Statutes > Chapter 26 > Part I - Organization, Generally

• Accidental death: means death that is the natural and proximate result of an accident occurring at some definite time and place while the member was employed in a position in which all contributions required to be made to the employees' retirement system by the employee or the employer, or both, have been made, was in the actual performance of duty, or due to the result of some occupational hazard, and not caused by wilful negligence on the part of the member. See Hawaii Revised Statutes 88-21
• 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.
• 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.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney general: means the attorney general of the State. See Hawaii Revised Statutes 41D-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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, 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
• Child: means a person under eighteen years of age. See Hawaii Revised Statutes 28-181
• 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
• Committee: means the access Hawaii committee. See Hawaii Revised Statutes 27G-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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.
• Comptroller: means the comptroller of the State as designated in § 26-6. See Hawaii Revised Statutes 41D-1
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 41D-1
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency medical technician: means a person regularly employed by the city and county of Honolulu's emergency services department whose principal duty is to provide emergency medical services and who is licensed to provide emergency medical services. See Hawaii Revised Statutes 88-21
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• federal-aid: as used in this part means supplies, allowances of damages to state or county property by federal agencies, grants-in-aid, allocation of federal funds, to be matched by state funds, or otherwise, the furnishing of equipment and supplies and all other aids, grants, furnishings, assistance, advancements, and reimbursements that may be provided by federal legislation, present or future, and which may be available to the State or its political subdivisions. See Hawaii Revised Statutes 29-11
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant: means an award of state funds by the legislature, by an appropriation to a specified recipient, to support the activities of the recipient and permit the community to benefit from those activities. See Hawaii Revised Statutes 42F-101
• 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.
• 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
• 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}
• Informal resolution: means the process of investigating a claim and negotiating the resolution of the claim. See Hawaii Revised Statutes 41D-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• Issuer: means any state or county department, board, commission, authority or officer, or not-for-profit corporation authorized to issue bonds under the laws of the State. See Hawaii Revised Statutes 39C-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Legislative officer: means a chief clerk, an assistant chief clerk, a sergeant at arms, or an assistant sergeant at arms of either house of the legislature. See Hawaii Revised Statutes 88-21
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• 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.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Risk manager: means the risk manager described in § 41D-7. See Hawaii Revised Statutes 41D-1
• 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.
• Sewer worker: means an employee of any county who is employed in any of the following classifications or classifications performing substantially the same work under classification titles not listed in this definition:
  (1) Sewer maintenance helper or wastewater collection system helper;
  (2) Sewer maintenance repairer or wastewater collection system repairer;
  (3) Sewer maintenance working supervisor;
  (4) Sewer maintenance supervisor I or II or wastewater collection system supervisor I or II;
  (5) Wastewater collection system inspection supervisor;
  (6) Wastewater collection system district supervisor;
  (7) Wastewater collection system field services supervisor;
  (8) Gas detector;
  (9) Gas detector helper;
  (10) Gas detection supervisor;
  (11) Cesspool worker;
  (12) Cesspool pumping equipment operator I or II;
  (13) Cesspool pumping supervisor; or

  in any combination of these classifications. See Hawaii Revised Statutes 88-21

• State agency: means all executive departments, boards, and commissions of the State and all public corporations created by the legislature, but excludes any contractor with the State. See Hawaii Revised Statutes 41D-1
• State ceiling: means any annual or other limit on the principal amount of bonds that may be issued by issuers, with tax exempt interest, tax credits, interest subsidies or other benefits under the Internal Revenue Code of 1986, as amended, which limit is imposed under or pursuant to the American Recovery and Reinvestment Act, Public Law 111-5, or any subsequent federal legislation. See Hawaii Revised Statutes 39C-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tort claim: means any written request or demand for damages against the State within the meaning of chapter 662, and includes a "complaint" within the meaning of Rule 7(a) of the Hawaii Rules of Civil Procedure, of the District Court Rules of Civil Procedure and of the Federal Rules of Civil Procedure, if the complaint is for damages against the State within the meaning of chapter 662. See Hawaii Revised Statutes 41D-1
• 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.
• Value added electronic services: means services, including but not limited to:

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

  (2) Compiling data or performing other research services;

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

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

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.