Terms Used In Hawaii Revised Statutes > Chapter 28 > Part VII - Witness Security

• 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
• 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
• 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.
• 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
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• 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}
• 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
• 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

• 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
• 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
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• 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
• Department: means the department of business, economic development, and tourism, or any successor by law. See Hawaii Revised Statutes 196-61
• Director: means the director of business, economic development, and tourism, or the director's designee. See Hawaii Revised Statutes 196-61
• 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
• 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
• 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
• 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
• 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.
• 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
• Financing order: 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
• 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}
• 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
• 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
• 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}
• 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.
• 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
• 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
• Limited liability company: means a limited liability company formed under chapter 428. See Hawaii Revised Statutes 196-61
• Loan fund program: means the clean energy and energy efficiency revolving loan fund program. See Hawaii Revised Statutes 196-61
• 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

• 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.
• 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
• 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.
• 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
• 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
• Personal property: All property that is not real property.
• 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
• 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
• Quality control and quality assurance program: means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this chapter. See Hawaii Revised Statutes 132C-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• 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
• 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
• 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
• 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

• 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
• 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
• 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
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Utility: means a public utility as defined in § 269-1. See Hawaii Revised Statutes 196-11
• Wholesaler: means the same as defined in § 245-1. See Hawaii Revised Statutes 132C-2