Terms Used In Hawaii Revised Statutes > Chapter 134 - Firearms, Ammunition and Dangerous Weapons

• ABLE savings account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256B-1
• Account owner: means the individual who enters into a tuition savings agreement pursuant to this chapter and as defined under the proposed income tax regulations, sections 1. See Hawaii Revised Statutes 256-1
• Account owner: means the person who enters into a savings agreement pursuant to this chapter. See Hawaii Revised Statutes 256B-1
• Acquire: means gain ownership of. See Hawaii Revised Statutes 134-1
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Aeronautics: means the science and art of flight, including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto. See Hawaii Revised Statutes 261-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural products: includes floricultural, horticultural, viticultural, forestry, nut, coffee, dairy, livestock, poultry, bee, farm or plantation products, and fish and aquacultural commodities. See Hawaii Revised Statutes 421-1
• Air navigation facility: means any facility used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, light, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Hawaii Revised Statutes 261-1
• Aircraft: means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. See Hawaii Revised Statutes 261-1
• Airman: means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, airframes, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator; but does not include any individual employed outside the United States, and its territories and possessions, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual. See Hawaii Revised Statutes 261-1
• Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. See Hawaii Revised Statutes 261-1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Antique pistol or revolver: means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See Hawaii Revised Statutes 134-1
• 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 the person for whose use and benefit application for services or public assistance is made. See Hawaii Revised Statutes 346-1
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Articles: means the articles of incorporation. See Hawaii Revised Statutes 421-1
• Assault pistol: means a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics:
  (1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
  (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
  (3) A shroud that is attached to or partially or completely encircles the barrel and permits the shooter to hold the firearm with the second hand without being burned;
  (4) A manufactured weight of fifty ounces or more when the pistol is unloaded;
  (5) A centerfire pistol with an overall length of twelve inches or more; or
  (6) It is a semiautomatic version of an automatic firearm;

  but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section, or a curio or relic as those terms are used in 18 United States Code § 921(a)(13) or 27 C. See Hawaii Revised Statutes 134-1

• Assembly: means the fabrication of a firearm or the fitting together of component parts to construct a firearm. See Hawaii Revised Statutes 134-1
• Assessment: means funds collected by an association from association members to operate and manage the association, maintain property within the planned community for the common use or benefit of association members, or provide services to association members. See Hawaii Revised Statutes 421J-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means any corporation organized under this chapter for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this chapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this chapter for associations organized hereunder; provided that any fish marketing association organized pursuant to chapter 422 and in existence on May 7, 1991, shall be considered an association for purposes of this chapter. See Hawaii Revised Statutes 421-1
• Association: means a nonprofit, incorporated, or unincorporated organization:

  (1) Upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community;

  (2) That is a planned community association as defined under section 607-14; or

  (3) That is a homeowners' association, in which:

  (A) The voting membership is made up of ten or more parcel owners or their proxies, or a combination thereof; and

  (B) Assessments may be imposed that, if unpaid, may become a lien on the parcel. See Hawaii Revised Statutes 421J-2

• Association documents: means the articles of incorporation or other document creating the association, if any, the bylaws of the association, the declaration or similar organizational documents and any exhibits thereto, any rules related to use of common areas, architectural control, maintenance of units, restrictions on the use of units, or payment of money as a regular assessment or otherwise in connection with the provisions, maintenance, or services for the benefit of some or all of the units, the owners, or occupants of the units or the common areas, as well as any amendments made to the foregoing documents. See Hawaii Revised Statutes 421J-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Automatic firearm: means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. See Hawaii Revised Statutes 134-1
• 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.
• Beaches encumbered with easements in favor of the public: means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by easements granted in favor of the public for bathing, swimming, or other similar or related purposes and for foot passage. See Hawaii Revised Statutes 200-1
• 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}
• Benefit director: means the director designated as the benefit director of a sustainable business corporation under § 420D-7. See Hawaii Revised Statutes 420D-2
• Benefit officer: means the individual designated as the benefit officer of a sustainable business corporation under § 420D-9. See Hawaii Revised Statutes 420D-2
• Bequest: Property gifted by will.
• Bicycle: means :
  (1) A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or
  (2) A low-speed electric bicycle, as defined under title 15 United States Code § 2085. See Hawaii Revised Statutes 249-1
• Board: means the board of directors. See Hawaii Revised Statutes 421-1
• board: means the executive board or other body, regardless of name, designated in the association documents to act on behalf of the association. See Hawaii Revised Statutes 421J-2
• Car-sharing organization: means a rental motor vehicle lessor that operates a membership program in which:

  (1) Self-service access to a fleet of vehicles is provided, with or without requiring a reservation, exclusively to members of the organization who have paid a membership fee;

  (2) Members are charged a usage rate, either hourly or by the minute, for each use of a vehicle;

  (3) Members are not required to enter into a separate written agreement with the organization each time the member reserves and uses a vehicle; and

  (4) The average paid use period for all vehicles provided by the organization during any taxable period is six hours or less. See Hawaii Revised Statutes 251-1

• Cartridge: includes but is not limited to a Taser cartridge. See Hawaii Revised Statutes 134-81
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief executive: means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Chief of police: means the chief of police of the counties of Hawaii, Maui, Kauai, or the city and county of Honolulu. See Hawaii Revised Statutes 134-1
• 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
• Civil service employee: means an employee who has met all requirements for membership in the civil service under § 76-27. See Hawaii Revised Statutes 76-11
• Class: means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and the same pay range may apply to each position allocated to the class. See Hawaii Revised Statutes 76-11
• college account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256-1
• Common area: means real property within a planned community which is owned or leased by the association or is otherwise available for the use of its members or designated as common area in or pursuant to the declaration. See Hawaii Revised Statutes 421J-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concealed: means , in relation to a firearm, that the firearm is entirely hidden from view of the public and not discernible by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the firearm. See Hawaii Revised Statutes 134-1
• 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.
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate equity: means the excess of the current fair market value of the corporation's assets, including its real property, over the sum of the current transfer values of all shares or membership interests, reduced by the principal balance of outstanding encumbrances upon the corporate real property as a whole. See Hawaii Revised Statutes 421H-1
• 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.
• corporation: means a cooperative housing corporation that:
  (1) Has one and only one class of stock outstanding;
  (2) Allows each tenant shareholder to occupy a dwelling unit for dwelling purposes solely by reason of the tenant shareholder's ownership of stock in the corporation;
  (3) Does not allow a shareholder to receive, either conditionally or unconditionally, any distributions from the corporation except when there is a complete or partial liquidation of the corporation; provided that this paragraph does not apply to earnings and profits of the corporation; and
  (4) Has eighty per cent or more of the gross income for the taxable year in which taxes are paid or incurred pursuant to 26 United States Code § 216(A) derived from tenant shareholders. See Hawaii Revised Statutes 421I-1
• Council: means the county council of each county concerned. See Hawaii Revised Statutes 248-1
• Counterclaim: A claim that a defendant makes against a plaintiff.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Crime of violence: means :
  (1) Any offense under federal or state law or the law of another state, a United States territory, or the District of Columbia that has as an element of the offense the:

  (A) Injury or threat of injury to the person of another; or

  (B) Use, attempted use, or threatened use of physical force against the person or property of another or the creation of a substantial risk of causing bodily injury;
  (2) Reckless endangering in the second degree under section 707-714;
  (3) Terroristic threatening in the second degree under section 707-717;
  (4) Sexual assault in the fourth degree under section 707-733 ;
  (5) Endangering the welfare of a minor in the second degree under section 709-904;
  (6) Endangering the welfare of an incompetent person under section 709-905;
  (7) Harassment under section 711-1106(1)(a);
  (8) Harassment by stalking under section 711-1106. See Hawaii Revised Statutes 134-1
• Criminal history record check: means an examination of an individual's criminal history records by means including, but not limited to, fingerprint analysis and name inquiry into state and national criminal history record files. See Hawaii Revised Statutes 261-1
• Criminal history record information: means criminal history information received from state and national criminal history record checks. See Hawaii Revised Statutes 261-1
• Criminal offense relating to firearms: means :
  (1) Any criminal offense under this chapter punishable as a misdemeanor;
  (2) Criminally negligent storage of a firearm under section 707-714. See Hawaii Revised Statutes 134-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means a calendar day unless otherwise specified. See Hawaii Revised Statutes 76-11
• Decedent: A deceased person.
• Declaration: means any recorded association document, however denominated, that imposes obligations on the owners of the units with respect to maintenance or operational responsibilities for the common area, architectural control, maintenance of units, or restrictions on the use of units. See Hawaii Revised Statutes 421J-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of taxation. See Hawaii Revised Statutes 251-1
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Department: means the department of transportation. See Hawaii Revised Statutes 261-1
• Department: means the department of human services. See Hawaii Revised Statutes 346-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Dependent: A person dependent for support upon another.
• Designated beneficiary: means a designated beneficiary as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Designated beneficiary: means a resident of the State whose qualified disability expenses may be paid from the account. See Hawaii Revised Statutes 256B-1
• Devise: To gift property by will.
• Director: means the state director of finance unless otherwise stated or indicated in context. See Hawaii Revised Statutes 248-1
• Director: means the director of finance. See Hawaii Revised Statutes 256B-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 transportation. See Hawaii Revised Statutes 261-1
• Director: means the director of human services. See Hawaii Revised Statutes 346-1
• Director of finance: means the director of finance of each county or of the county concerned, and includes the director's duly authorized deputies and subordinates. See Hawaii Revised Statutes 249-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Electric foot scooter: means a device:
  (1) Weighing less than seventy-five pounds;
  (2) With two or three wheels;
  (3) With handlebars;
  (4) With either:

  (A) A floorboard that can be stood upon while riding; or

  (B) A seat or saddle for the use of the rider and stationary footrests;
  (5) That is powered by an electric motor or human power; and
  (6) Whose maximum speed, with or without human propulsion on a paved level surface, does not exceed fifteen miles per hour. See Hawaii Revised Statutes 249-1
• Electric gun: includes but is not limited to devices commonly referred to as stun guns and Tasers. See Hawaii Revised Statutes 134-81
• Eligible educational institution: means :

  (1) An institution described in sections 481(a)(1) or 1201(a) of the Higher Education Act of 1965 (20 U. See Hawaii Revised Statutes 257-1

• Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title 42 United States Code § 401 et seq. See Hawaii Revised Statutes 256B-1
• 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 joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 421-1
• 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.
• 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
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary organization: means an organization that serves as an intermediary between an individual account holder and the financial institution holding the individual's individual development account funds. See Hawaii Revised Statutes 257-1
• Financial institution: means an organization authorized to do business pursuant to chapter 412, or under federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union. See Hawaii Revised Statutes 257-1
• Financial organization: means an organization authorized to do business in the State of Hawaii that is:

  (1) Certified as an insurer by the insurance commissioner;

  (2) Licensed or chartered as a financial institution by the commissioner of financial institutions;

  (3) Chartered by an agency of the federal government;

  (4) Subject to the jurisdiction and regulation of the securities and exchange commission of the federal government; or

  (5) Any other entity otherwise authorized to act in this State as a trustee pursuant to the provisions of the Employee Retirement Income Security Act of 1974, as may be amended from time to time. See Hawaii Revised Statutes 256-1

• Financial organization: means an organization authorized to do business in the State that is:

  (1) Licensed or chartered by the insurance commissioner;

  (2) Licensed or chartered by the commissioner of financial institutions;

  (3) Chartered by an agency of the federal government; or

  (4) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. See Hawaii Revised Statutes 256B-1

• Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
• Firearm accessory: means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of the firearm, the lethality of the firearm, or a shooter's ability to hold or use a firearm. See Hawaii Revised Statutes 134-101
• Firearm industry member: means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. See Hawaii Revised Statutes 134-101
• Firearm precursor part: means any forging, casting, printing, extrusion, machined body, or similar article that has reached a state in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted. See Hawaii Revised Statutes 134-101
• Firearm receiver: includes any object or part that is not a firearm frame or receiver in finished form but that is designed or intended to be used for that purpose and may readily be made into a firearm frame or receiver through milling or other means. See Hawaii Revised Statutes 134-1
• Firearm-related product: means a firearm, ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:
  (1) The item is sold, made, or distributed in the State;
  (2) The item is intended to be sold or distributed in the State; or
  (3) The item is or was possessed in the State and it was reasonably foreseeable that the item would be possessed in the State. See Hawaii Revised Statutes 134-101
• 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.
• fuel: has the meaning defined by § 243-1. See Hawaii Revised Statutes 248-1
• Fugitive from justice: means any person (1) who has fled from any state, territory, the District of Columbia, or possession of the United States, to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding or (2) who has fled from any country other than the United States and is avoiding lawful extradition back to that country. See Hawaii Revised Statutes 134-1
• 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
• 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.
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Household: means adults related by blood, marriage, or adoption, or who are unrelated but have maintained a stable family relationship together over a period of time, and individuals under eighteen years of age related to the above adults by marriage, blood, or adoption, who are living together. See Hawaii Revised Statutes 257-1
• Hybrid transaction: means a single transaction involving the sale of goods and:
  (a) The provision of services;
  (b) The lease of other goods; or
  (c) The sale, lease, or license of property other than goods. See Hawaii Revised Statutes 490:2-106
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual development account: means an optional, interest bearing, subsidized, tax-benefitted account used exclusively for the purpose of paying the qualified expenditure of an eligible individual as determined by the fiduciary organization. See Hawaii Revised Statutes 257-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• 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.
• 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
• Law enforcement agency: means any county police department, the department of law enforcement, the department of the attorney general, the division of conservation and resources enforcement of the department of land and natural resources, and any other state or county public body that employs law enforcement officers. See Hawaii Revised Statutes 134-81
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 251-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a person licensed to sell, offer to sell, distribute, or otherwise transfer electric guns and cartridges pursuant to section 134-83. See Hawaii Revised Statutes 134-81
• 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.
• loaded firearm: means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm. See Hawaii Revised Statutes 134-1
• Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
• Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
• Material relationship: means a relationship between a person and a sustainable business corporation where:

  (1) The person is, or has been within the last three years, an employee other than a benefit officer of the sustainable business corporation or any of its subsidiaries;

  (2) The person is related by blood, marriage, or adoption to; is a party to a civil union with; is a reciprocal beneficiary or household member of; or resides with an officer other than a benefit officer or director of the sustainable business corporation or any of its subsidiaries; or

  (3) The person or an association of which the person is a director, officer, or manager or in which the person owns beneficially or of record five per cent or more of the outstanding equity interests or the outstanding shares of the sustainable business corporation; provided that percentage ownership in an association shall be calculated as if all outstanding rights to acquire equity interests in the association had been exercised. See Hawaii Revised Statutes 420D-2

• Member: includes the holder of a membership in an association without capital stock or the holder of common stock in [an] association organized with capital stock. See Hawaii Revised Statutes 421-1
• Member: means the person or persons owning a unit or having the right of occupancy of a unit under a recorded lease having a term of twenty or more years from its commencement date; or anyone included in the definition of a member under the association documents, including the developer, whether or not the developer owns a unit. See Hawaii Revised Statutes 421J-2
• Member: means an individual who is covered by a mutual benefit society. See Hawaii Revised Statutes 432:1-406
• Member of the family: means a family member as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Merger: means the procedure authorized by [section 421-21. See Hawaii Revised Statutes 421-1
• 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
• Minimum status vote: means that in addition to any other approval or vote required by this chapter or the bylaws adopted by the shareholders:

  (1) The holders of shares of every class or series shall be entitled to vote on the corporate action regardless of any limitation stated in the articles of incorporation or bylaws on the voting rights of any class or series; and

  (2) The corporate action shall be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast thereon. See Hawaii Revised Statutes 420D-2

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Moped: means a device upon which a person may ride that has :
  (1) Two or three wheels in contact with the ground;
  (2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 249-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes mopeds. See Hawaii Revised Statutes 249-1
• Municipal: means pertaining to a municipality as herein defined. See Hawaii Revised Statutes 261-1
• Municipality: means any county or other political subdivision or public corporation of the State. See Hawaii Revised Statutes 261-1
• net weight: means the actual weight of such vehicle, as determined on a standard scale, including all equipment and accessories ordinarily attached to and used on the vehicle and, in the case of a motor vehicle, the maximum fuel, oil, and water possible of being carried for its operation. See Hawaii Revised Statutes 249-1
• Nonqualified withdrawal: means a withdrawal from an account that is not:

  (1) Used for qualified higher education expenses of the designated beneficiary;

  (2) Made on account of the death or disability of the designated beneficiary; or

  (3) Made on the account of a scholarship (or allowance or payment described in section 135(d)(1)(B) or (C) of the Internal Revenue Code of 1986, as amended) received by the designated beneficiary, to the extent the withdrawal does not exceed the amount of the scholarship, allowance, or payment. See Hawaii Revised Statutes 256-1

• 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.
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 200-1
• Organizing articles: means :

  (1) For an association, corporation, or nonprofit corporation, the articles of incorporation;

  (2) For a general partnership or limited liability partnership, the registration statement;

  (3) For a limited partnership, the certificate of limited partnership; and

  (4) For a limited liability company, the articles of organization. See Hawaii Revised Statutes 421-1

• 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.
• Person: includes individuals, partnerships, corporations, limited liability companies, and associations. See Hawaii Revised Statutes 421-1
• Person: means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. See Hawaii Revised Statutes 421J-2
• Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Hawaii Revised Statutes 261-1
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 134-81
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planned community: means one of the following:

  (1) Real property, other than a condominium or a cooperative housing corporation or a time share plan, that is subject to a planned community association as defined under section 607-14; or

  (2) A common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all of the following characteristics:

  (A) Real property subject to a recorded declaration placing restrictions and obligations on the owners of the real property that are enforced or enforceable by a separate entity, the association, established for that purpose whether or not mentioned in the declaration, and:

  (i) That owns and maintains certain property within the planned community for the common use or benefit, or both, of the owners of units within the planned community;

  (ii) That is obligated to maintain certain property it does not own within the planned community for the common use or benefit, or both, of the owners of units within the planned community; or

  (iii) That is obligated to provide services to any such owners or units;

  (B) Individual owners own separate units that are part of a planned community at least some of which are improved by or are to be improved by residential dwellings;

  (C) Owners have automatic and non-severable membership in an association by virtue of ownership of units within the planned community; and

  (D) Owners, other than a master developer or declarant, are obligated by any association document to pay mandatory assessments by virtue of ownership of a unit within the planned community. See Hawaii Revised Statutes 421J-2

• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Police officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 261-1
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• present sale: means a sale that is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
• 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.
• Program: means the college savings program. See Hawaii Revised Statutes 256-1
• Program: means the Hawaii ABLE savings program established under this chapter. See Hawaii Revised Statutes 256B-1
• Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
• Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
• Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified acquisition costs: means the costs of acquiring, constructing, or reconstructing a residence and shall include any usual or reasonable settlement, financing, or other closing costs. See Hawaii Revised Statutes 257-1
• Qualified business: means any business that does not contravene any law or public policy. See Hawaii Revised Statutes 257-1
• Qualified disability expense: means any qualified disability expense included in section 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
• Qualified expenditures: means an expense as determined by a fiduciary organization, which may include but not be limited to:

  (1) Costs associated with first homeownership;

  (2) Post-secondary education;

  (3) Vocational training; and

  (4) Small or micro-business capitalization. See Hawaii Revised Statutes 257-1

• Qualified higher education expenses: means any qualified higher education expense defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
• Qualified plan: means a business plan or a plan to use a business asset purchased, that:

  (1) Is approved by a financial institution, a micro-enterprise development organization, or a nonprofit loan fund having demonstrated fiduciary integrity;

  (2) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and

  (3) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. See Hawaii Revised Statutes 257-1

• Qualified withdrawal: means withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256-1
• Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256B-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 controls: means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
  (1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under federal or state law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully;
  (2) Prevent the loss or theft of a firearm-related product from the firearm industry member; and
  (3) Ensure that the firearm industry member complies with all provisions of federal or state law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. See Hawaii Revised Statutes 134-101
• Recess: A temporary interruption of the legislative business.
• Recipient: means the person for whose use and benefit services are rendered or a grant of public assistance is made. See Hawaii Revised Statutes 346-1
• Recorded: means recorded or filed in the bureau of conveyances of the State or in the office of the assistant registrar of the land court of the State, as appropriate. See Hawaii Revised Statutes 421J-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.
• 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.
• revolver: means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas. See Hawaii Revised Statutes 134-1
• Rollover distribution: means a rollover distribution as defined in section 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
• Savings agreement: means an agreement between the program manager or the director of finance and the account owner. See Hawaii Revised Statutes 256B-1
• Secretary: means the Secretary of the United States Department of the Treasury. See Hawaii Revised Statutes 256B-1
• Semiautomatic: means the mode of operation by which a firearm uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of a trigger. See Hawaii Revised Statutes 134-1
• 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.
• Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
• Society: means mutual benefit society. See Hawaii Revised Statutes 432:1-406
• 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.
• Surcharge tax: means the rental motor vehicle and tour vehicle surcharge tax established under this chapter. See Hawaii Revised Statutes 251-1
• Sustainable business corporation: means a domestic corporation, incorporated under chapter 414, that has elected to also become subject to this chapter and whose status as a sustainable business corporation has not been terminated as provided in this chapter. See Hawaii Revised Statutes 420D-2
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance that conforms to the requirements of this chapter. See Hawaii Revised Statutes 420D-2
• Tour vehicle: means any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations. See Hawaii Revised Statutes 251-1
• Tour vehicle operator: means a person who owns, manages, or dispatches tour vehicles. See Hawaii Revised Statutes 251-1
• Transfer: includes but is not limited to the granting of temporary possession to another. See Hawaii Revised Statutes 134-81
• 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.
• Tuition savings agreement: means an agreement between the director of finance or a financial organization and the account owner. See Hawaii Revised Statutes 256-1
• Unconcealed: means not concealed. See Hawaii Revised Statutes 134-1
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unit: means a physical portion of the planned community designated for separate ownership or occupancy. See Hawaii Revised Statutes 421J-2
• university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
• vehicle: means every vehicle which is:

  (1) Self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less; and

  (2) Designed to carry seventeen passengers or fewer. See Hawaii Revised Statutes 251-1

• Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks and mopeds. See Hawaii Revised Statutes 249-1