Hawaii Revised Statutes > Chapter 414 – Hawaii Business Corporation Act


Part I	General Provisions	414-1 – 414-6
Part II	Filing Documents	414-11 – 414-20
Part III	Incorporation	414-31 – 414-37
Part IV	Purposes and Powers	414-41 – 414-44
Part V	Name	414-51 – 414-53
Part VI	Office and Agent	414-61 – 414-64
Part VII	Shares and Distributions	414-71 – 414-111
Part VIII	Shareholders	414-121 – 414-178
Part IX	Directors and Officers	414-191 – 414-264
Part X	Conversions	414-271 – 414-274
Part XI	Amendment of Articles of Incorporation and Bylaws	414-281 – 414-303
Part XII	Merger and Share Exchange	414-310 – 414-318
Part XIII	Sale of Assets	414-331 – 414-332
Part XIV	Dissenters’ Rights	414-341 – 414-372
Part XV	Dissolution	414-381 – 414-422
Part XVI	Foreign Corporations	414-431 – 414-463
Part XVII	Records and Reports	414-470 – 414-473
Part XVIII	Transition Provisions	414-481 – 414-484

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Terms Used In Hawaii Revised Statutes > Chapter 414 - Hawaii Business Corporation Act

Abandoned well: means any well:
(1) The purpose or use of which has been permanently discontinued;
(2) That has served its purpose;
(3) That is not properly maintained;
(4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
(5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety. See Hawaii Revised Statutes 174C-81
Accredited: means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
Acreage assessments: means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities. See Hawaii Revised Statutes 174-2
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Administrative action: means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3. See Hawaii Revised Statutes 97-1
Administrative agency: means a commission, board, agency, or other body, or official in the state government that is not a part of the legislative or judicial branch. See Hawaii Revised Statutes 97-1
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.
Alternative enrollment: means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, the University of Hawaii system, an area vocational school, or any other educational arrangement acceptable to the director. See Hawaii Revised Statutes 305J-2
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
appraisal: means a written statement, independently and impartially prepared by a qualified appraiser who meets qualification criteria established by the State, setting forth an opinion of the fair market value of adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See Hawaii Revised Statutes 113-5
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 183D-1
Aquatic life: means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 183D-1
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Association: means an association organized under chapter 421 or 421C. See Hawaii Revised Statutes 414-310
Association: means two or more members who are engaged in business or activities similar or related to the liability to which these members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations; provided that the members of the association shall be individuals, corporations, limited liability companies, partnerships, associations, or other entities, except labor organizations, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:
(1) Own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;
(2) Have complete voting control over an association captive insurance company incorporated as a mutual insurer;
(3) Constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer; or
(4) Have complete voting control over an association captive insurance company formed as a limited liability company. See Hawaii Revised Statutes 431:19-101
At-risk children: means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:
(1) Who are placed through their individualized education programs in a general education setting;
(2) Who are English as a second language learners;
(3) Who are in foster care;
(4) Who are homeless; or
(5) Whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1
Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorization: means the authorization granted to a private college or university, seminary, or religious training institution as provided in this chapter and any applicable rules and policies. See Hawaii Revised Statutes 305J-2
Authorized planned use: means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. See Hawaii Revised Statutes 174C-3
Authorized shares: means the shares of all classes a domestic corporation is authorized to issue. See Hawaii Revised Statutes 414-3
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.
Beneficial shareholder: means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. See Hawaii Revised Statutes 414-341
Board: means the early learning board established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
Board: means the neurotrauma advisory board established under § 321H-3. See Hawaii Revised Statutes 321H-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 173A-2
Board: means the board of land and natural resources. See Hawaii Revised Statutes 174-2
Board: means the board of land and natural resources. See Hawaii Revised Statutes 181-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 183C-2
Board: means the board of land and natural resources. See Hawaii Revised Statutes 663-51
Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 174C-3
Board: means the board of land and natural resources. See Hawaii Revised Statutes 183-1
Board: means the board of land and natural resources. See Hawaii Revised Statutes 183D-1
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-31
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-71
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-111
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-221
bonds: means bonds, notes, or other evidence of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-251
bonds: means bonds, notes, or other evidence of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-281
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-311
Branch captive insurance company: means an outside captive insurance company licensed under this article by the commissioner to transact the business of insurance in this State through a business unit that has its principal place of business in this State. See Hawaii Revised Statutes 431:19-101
Building lease: means a contract between the department and private investor in which the private investor conveys an improved facility to the department for a specified period of time. See Hawaii Revised Statutes 107D-1
Business: means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization. See Hawaii Revised Statutes 111-2
candidate: means a degree-granting institution that has submitted an application for accreditation to a regional or national accrediting agency recognized by the United States Department of Education; provided that the application has been accepted pursuant to the accrediting agency's application requirements and is pending approval by the accrediting agency. See Hawaii Revised Statutes 305J-2
captive insurer: means a class 1 company, class 2 company, class 3 company, class 4 company, or class 5 company formed or authorized under this article. See Hawaii Revised Statutes 431:19-101
Center-based: describes programs in which early learning services are provided in a facility, including private preschools, child care centers, and head start programs, licensed, or excluded or exempt from licensing, by the department of human services. See Hawaii Revised Statutes 302L-1
Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 183C-2
Chairperson: means the chairperson of the commission on water resource management. See Hawaii Revised Statutes 174C-3
Change in use: means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial uses. See Hawaii Revised Statutes 174C-3
Channel alteration: means : (1) to obstruct, diminish, destroy, modify, or relocate a stream channel; (2) to change the direction of flow of water in a stream channel; (3) to place any material or structures in a stream channel; and (4) to remove any material or structures from a stream channel. See Hawaii Revised Statutes 174C-3
Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Hawaii Revised Statutes 245-1
Code: means the housing, building, and zoning codes of the counties. See Hawaii Revised Statutes 111-2
Commission: means the legacy land conservation commission. See Hawaii Revised Statutes 173A-2
Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
concession: as used in this chapter means the grant to a person of the privilege to:
(1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;
(2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and
(3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. See Hawaii Revised Statutes 102-1
Conservation district: means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto. See Hawaii Revised Statutes 183C-2
Conspicuous: means so written that a reasonable person against whom the writing is to operate should have noticed it. See Hawaii Revised Statutes 414-3
Continuance: Putting off of a hearing ot trial until a later time.
Contract: means contracts for construction under chapter 103D. See Hawaii Revised Statutes 103B-1
contractor: includes a subcontractor where applicable. See Hawaii Revised Statutes 103B-1
Contribution: includes a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. See Hawaii Revised Statutes 97-1
Conviction: A judgement of guilt against a criminal defendant.
Corporation: means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. See Hawaii Revised Statutes 414-341
Counterclaim: A claim that a defendant makes against a plaintiff.
county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
Covered entity: means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. See Hawaii Revised Statutes 321C-2
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. See Hawaii Revised Statutes 305J-2
Deliver: includes mail. See Hawaii Revised Statutes 414-3
Department: means the department of accounting and general services. See Hawaii Revised Statutes 107D-1
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
Department: means the department of budget and finance. See Hawaii Revised Statutes 319-1
Department: means department of health. See Hawaii Revised Statutes 321H-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 173A-2
Department: means the department of land and natural resources. See Hawaii Revised Statutes 183C-2
Department: means the department of taxation. See Hawaii Revised Statutes 245-1
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-31
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-71
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-111
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-221
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-251
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-281
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-311
Department: means the department of land and natural resources. See Hawaii Revised Statutes 171-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 174C-3
Department: means the department of land and natural resources. See Hawaii Revised Statutes 183-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 183D-1
Department: means the department of land and natural resources. See Hawaii Revised Statutes 184-1
Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Development agreement: means an agreement between the State and a private investor which, at a minimum, includes:
(1) A description of the work to be done;
(2) The sale price for the facility;
(3) The duration of the agreement;
(4) The roles and responsibilities of the department and the private investor; and
(5) The terms and conditions for the ground lease and building lease. See Hawaii Revised Statutes 107D-1
Devise: To gift property by will.
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 305J-2
Director: means the director of finance. See Hawaii Revised Statutes 319-1
Director: means the director of health. See Hawaii Revised Statutes 321H-1
Director: means a member of the governing body of a district. See Hawaii Revised Statutes 180-1
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Displaced person: means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property on or after June 25, 1970, as a result of the acquisition or imminence of acquisition of such real property, in whole or in part, by a state agency or who moves from such real property as a result of the acquisition or imminence of acquisition by such state agency of other real property on which such person is lawfully conducting a business or farm operation. See Hawaii Revised Statutes 111-2
Dissenter: means a shareholder who is entitled to dissent from corporate action under § 414-342 and who exercises that right when and in the manner required by sections 414-351 to 414-359. See Hawaii Revised Statutes 414-341
distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Hawaii Revised Statutes 414-3
District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to this chapter. See Hawaii Revised Statutes 414-3
Donor: The person who makes a gift.
Due notice: means notice given during a ten-day period by publication or if no means of publication is available by posting at a reasonable number of conspicuous places within the affected area. See Hawaii Revised Statutes 180-1
Early childhood education and care facility: means any property used primarily for the care and instruction of children from birth to age five; provided that it shall not include any property to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property used primarily in connection with any part of a program of a school or department of divinity of any religious denomination. See Hawaii Revised Statutes 39A-221
Early learning: means developmentally appropriate early childhood development and education for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
Early learning system: means a developmentally appropriate early childhood development and education system for children from prenatal care until the time they enter kindergarten. See Hawaii Revised Statutes 302L-1
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
Electronic transmission: means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. See Hawaii Revised Statutes 414-3
Emergency: means the absence of a sufficient quantity and quality of water in any area whether designated or not which threatens the public health, safety, and welfare as determined by the commission. See Hawaii Revised Statutes 174C-3
Employee: includes an officer but not a director. See Hawaii Revised Statutes 414-3
Energy project: means any facilities for each single project or multiproject program of a project party, including a publicly owned energy cooperative, which is certified by the public utilities commission as being for the local furnishing of electric energy or gas; provided that any new generating unit for the production or generation of electric energy from fossil fuels shall not be considered an energy project for purposes of this part unless specifically authorized in any act providing for the authorization of the issuance of bonds pursuant to this part. See Hawaii Revised Statutes 39A-191
Engages in an equine activity: means riding, training, assisting in medical treatment or physical therapy of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. See Hawaii Revised Statutes 663B-1
Enrollment agreement: means the contract prepared by a private college or university, seminary, or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the private college, university, seminary, or religious training institution's student handbook or catalog. See Hawaii Revised Statutes 305J-2
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
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 a joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 414-3
Equine: means a horse, pony, mule, donkey, or hinny. See Hawaii Revised Statutes 663B-1
Equine activity: means :
(1) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;
(2) Equine training or teaching activities, or both;
(3) Boarding equines;
(4) Riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;
(5) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; and
(6) Placing or replacing horseshoes on an equine. See Hawaii Revised Statutes 663B-1
Equine activity sponsor: means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including, but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. See Hawaii Revised Statutes 663B-1
Equine professional: means a person engaged for compensation in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or in renting equipment or tack to a participant. See Hawaii Revised Statutes 663B-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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Executive director: means the executive director of the office of language access. See Hawaii Revised Statutes 321C-2
Executor: A male person named in a will to carry out the decedent
Expenditure: includes a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure. See Hawaii Revised Statutes 97-1
Facility: means property under the management and control of the department that may contain land, buildings, or both. See Hawaii Revised Statutes 107D-1
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See Hawaii Revised Statutes 111-2
Family engagement: means practices that engage families in recognition of the need for families to actively support their child's learning and development, including classrooms that make families feel welcome, communication with families on an ongoing basis, the promotion of responsible parenting, and involvement in decisions that affect families and their children. See Hawaii Revised Statutes 302L-1
Farm operation: means any lawful activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Hawaii Revised Statutes 111-2
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Feral deer: means a deer that has escaped or been released from domestication and is living in a wild and unconfined state. See Hawaii Revised Statutes 183D-1
Fiduciary: A trustee, executor, or administrator.
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}
Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See Hawaii Revised Statutes 414-3
forest reserve easement: as used in this part means and includes the right to the possession and control of land for the purposes of protecting and promoting forest growth thereon and of protecting the surface and underground waters from pollution or contamination, including, without limitation to the generality of the foregoing, the right to exclude the owner in fee (except as hereinafter provided) and all others from the land; provided that the term shall not include any water right, nor shall it authorize the department to deprive the fee simple owner or the owner's lessee of the right to enter upon the owner's land for the purpose of taking, developing, or storing water, or for any other purpose incidental to the full use and enjoyment of the owner's water rights, or of any other rights in the land, provided reasonable means be taken to prevent undue destruction of forest cover and pollution or contamination of water by such activity. See Hawaii Revised Statutes 183-32
Fraud: Intentional deception resulting in injury to another.
Game: means birds and mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
Game birds: means birds designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
Game mammals: means mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing board: means the elected or appointed group of persons that oversees and controls a private college or university, seminary, or religious training institution. See Hawaii Revised Statutes 305J-2
Governing body: means the board of directors, subscriber's advisory committee, membership, or other entity responsible for the governance of a captive insurance company. See Hawaii Revised Statutes 431:19-101
Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 174-2
Governmental entity: means any agency, association, authority, board, commission, division, office, officer, public body, task force, or any other similar entity authorized or established by any county or the State. See Hawaii Revised Statutes 662D-1
Grantor: The person who establishes a trust and places property into it.
Ground lease: means a lease of land executed between the State and private investor pursuant to which the private investor will renovate the existing facility, provide improvements, or construct a new building or buildings on a specified property. See Hawaii Revised Statutes 107D-1
Ground water: means any water found beneath the surface of the earth, whether in perched supply, dike-confined, flowing, or percolating in underground channels or streams, under artesian pressure or not, or otherwise. See Hawaii Revised Statutes 174C-3
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.
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Hawaiian fishponds: means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. See Hawaii Revised Statutes 183B-1
Hilo community economic district: means the area beginning at the intersection of Manono Street and Kamehameha Avenue, extending south to Piilani Street, east from Piilani Street to Kalanikoa Street to include Hoolulu Park, and west from the intersection of Manono Street and Piilani Street to tax map key 3-2-2-031-001, inclusive along the coastline to Maile Street until its intersection with Kilauea Avenue and then to Aupuni Street and beyond to include the following tax map keys until intersection with Ponahawai Street: 3-2-2-013-003, 3-2-2-012-001, 3-2-2-012-016, 3-2-2-011-01, and 3-2-2-007-018; extending makai to tax map key 3-2-3-002-016, along the coastline and including tax map key 3-2-2-001-006 until intersection with Lihiwai Street; those lands bounded or abutting Lihiwai Street, inclusive through Banyan Drive until its intersection with Kamehameha Avenue; from Kamehameha Avenue at its intersection with Kalanianaole Avenue and extending east on Kalanianaole Avenue to include those abutting lands until tax map key 3-2-1-010-033 on the mauka side of the road and tax map key 3-2-1-01-1010 on the makai side of Kalanianaole Avenue, to include also any of those lands on Ocean View Drive makai of Kalanianaole Avenue and the lands mauka on Silva Street and Keaa Street; the lands within the Hilo airport area managed by the department of land and natural resources as identified on tax map key 3-2-1-12; and the lands abutting or bounded by Kanoelehua Avenue extending south to Makaala Street, then east on Makaala Street to Railroad Avenue then north on Railroad Avenue until Leilani Street and east on Leilani Street until tax map key 3-2-2-037-144, then west on Leilani Street until its intersection with Kanoelehua Avenue; and all those lands abutting or bounded by Pohaku Street, Kukila Street, Halekauila Street, and Lanikaula Street as identified on tax map key 3-2-2-58; on Kanoelehua Avenue heading north from Makaala Street those lands mauka including those lands on Makaala Street, Holumua Street, Pookela Street, Wiwoole Street, and Kawili Street as identified on tax map key 3-2-2-049 and 3-2-2-050; then on Kanoelehua Avenue North from Kawili Street and Kalanikoa Street from Piilani Street until they intersect with Kamehameha Avenue. See Hawaii Revised Statutes 171-191
Home state: means the state in which the institution holds its principal accreditation. See Hawaii Revised Statutes 305J-2
Home-based instruction program: means a family-involvement, school-readiness program that helps families prepare their child for success in school and beyond, and that is based in the child's home; provided that home schooling is not a home-based instruction program. See Hawaii Revised Statutes 302L-1
Honorary degree: means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training. See Hawaii Revised Statutes 305J-2
Hydrologic unit: means a surface drainage area or a ground water basin or a combination of the two. See Hawaii Revised Statutes 174C-3
Illegal drug: means "dangerous drugs" or a "harmful drug" as defined in section 712-1240. See Hawaii Revised Statutes 663E-1
Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Hawaii Revised Statutes 663E-1
Impoundment: means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline. See Hawaii Revised Statutes 174C-3
Improved public lands: means lands designated as part of the state park system, parks, and parkways under chapter 184, or as part of a county's park system, and lands which are part of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and structures constructed upon such lands. See Hawaii Revised Statutes 663-51
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: means a natural person. See Hawaii Revised Statutes 414-3
Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Hawaii Revised Statutes 663E-1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Installation of pumps and pumping equipment: means the procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations. See Hawaii Revised Statutes 174C-81
Instream flow standard: means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified times of the year to protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. See Hawaii Revised Statutes 174C-3
Instream use: means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. See Hawaii Revised Statutes 174C-3
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest: means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Hawaii Revised Statutes 414-341
Interim instream flow standard: means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard. See Hawaii Revised Statutes 174C-3
Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Kuleana: means those lands granted to native tenants pursuant to L. See Hawaii Revised Statutes 183C-2
Land: means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land. See Hawaii Revised Statutes 173A-2
Land: means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided. See Hawaii Revised Statutes 183C-2
Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
Land occupier: means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter. See Hawaii Revised Statutes 174-2
Land use: means :
(1) The placement or erection of any solid material on land;
(2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;
(3) The subdivision of land; or
(4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land. See Hawaii Revised Statutes 183C-2
Landowner: means an owner of land or any estate or interest in that land. See Hawaii Revised Statutes 183C-2
Language: means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. See Hawaii Revised Statutes 321C-2
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}
Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
Legacy: A gift of property made by will.
Legal material: means , whether or not in effect:
(1) The Constitution of the State of Hawaii;
(2) The Session Laws of Hawaii;
(3) The Hawaii Revised Statutes;
(4) A state agency rule that has or had the effect of law;
(5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or
(6) State court rules. See Hawaii Revised Statutes 98-2
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative action: means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the legislature. See Hawaii Revised Statutes 97-1
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Level four offense: means the illegal possession of sixteen ounces or more or the illegal distribution of four ounces or more of an illegal drug. See Hawaii Revised Statutes 663E-1
Level one offense: means the illegal possession of one-fourth ounce or more, but less than four ounces, or the illegal distribution of less than one ounce of an illegal drug. See Hawaii Revised Statutes 663E-1
Level three offense: means the illegal possession of eight ounces or more, but less than sixteen ounces, or the illegal distribution of two ounces or more, but less than four ounces, of an illegal drug. See Hawaii Revised Statutes 663E-1
Level two offense: means the illegal possession of four ounces or more, but less than eight ounces, or the illegal distribution of one ounce or more, but less than two ounces, of an illegal drug. See Hawaii Revised Statutes 663E-1
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a license granted under this chapter, that authorizes the holder to engage in the business of a wholesaler or dealer of cigarettes or tobacco products in the State. See Hawaii Revised Statutes 245-1
Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
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.
Lobbying: means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue. See Hawaii Revised Statutes 97-1
Lobbyist: means any individual who:
(1) Receives or expects to receive, either by employment or contract, $1,000 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through the lobbyist's agents; or
(2) For pay or other consideration, on behalf of another person:
(A) Engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3;
(B) Engages in lobbying in excess of ten hours during any calendar year; or
(C) Makes expenditures of $1,000 or more of the person's or any other person's money lobbying during any reporting period described in section 97-3;
provided that an employee of a nonprofit organization who spends fewer than ten hours in any month lobbying on a grant application submitted pursuant to chapter 42F is not a lobbyist if the employee does not engage in lobbying on matters that are unrelated to the grant application. See Hawaii Revised Statutes 97-1
Local furnishing of electric energy or gas: means providing property or land that is or will be:
(1) Depreciable property or land;
(2) Used to produce, collect, generate, transmit, store, distribute, or convey electric energy or gas, including without limitation, air or water pollution control facilities;
(3) Used in the trade or business of furnishing electric energy or gas; and
(4) Part of a system providing service to the general public of not more than two contiguous counties in the State. See Hawaii Revised Statutes 39A-191
Low- and moderate-income housing project: means any housing project where:
(1) All project units are offered for rent, of which at least:
(A) Twenty per cent of the units are rented to households with an income of up to fifty per cent of the area median income as determined by the United States Department of Housing and Urban Development;
(B) Forty per cent of the housing units in the project are rented to households with an income of up to eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or
(C) Sixty per cent of the housing units in the project are rented to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development;
(2) All project units are offered for sale through the conveyance of individual units by deed or share, of which at least fifty per cent of the units are sold to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or
(3) The project qualifies for federal tax exempt status pursuant to 26 U. See Hawaii Revised Statutes 39A-281
Member organization: means any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Hawaii Revised Statutes 431:19-101
Mercantile establishment: means any place where merchandise is displayed, held, or offered for sale at retail. See Hawaii Revised Statutes 663A-1
Merchandise: means all things movable and capable of manual delivery. See Hawaii Revised Statutes 663A-1
Merger: means the procedure authorized by this part in which one domestic or foreign entity combines with one or more domestic or foreign entities resulting in either one surviving entity or one new entity. See Hawaii Revised Statutes 414-310
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.
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Neurotrauma: means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. See Hawaii Revised Statutes 321H-1
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonprofit corporation: means any corporation that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, Hawaii Revised Statutes 662D-1
Nonprofit organization: means any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, Hawaii Revised Statutes 662D-1
Nurse practitioner: means a person licensed as an advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 309H-1
Oath: A promise to tell the truth.
oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the executive office on early learning established pursuant to this chapter. See Hawaii Revised Statutes 302L-1
Official publisher: means :
(1) For the Constitution of the State of Hawaii, the revisor of statutes;
(2) For the Session Laws of Hawaii, the revisor of statutes;
(3) For the Hawaii Revised Statutes, the revisor of statutes;
(4) For any administrative agency rules, the office of the governor;
(5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or
(6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2
Operator: means an individual, firm, or corporation engaged in strip mining operations. See Hawaii Revised Statutes 181-1
Oral language services: means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2
Organizational document: means a captive insurance company's articles of association, articles of incorporation, articles of organization, subscribers' agreement, bylaws, operating agreement, or any other document that establishes the captive insurance company as a legal entity or prescribes its existence. See Hawaii Revised Statutes 431:19-101
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 414-310
Out-of-state public institution: means an institution of higher education that is established by a government entity in a state other than Hawaii. See Hawaii Revised Statutes 305J-2
Outside captive insurance company: means an insurance company licensed under the laws of a jurisdiction other than this State and not otherwise admitted to do business as an insurance company in this State, that insures the risks of its parent or any affiliated entities. See Hawaii Revised Statutes 431:19-101
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means :
(1) An individual, if a private for-profit college or university is structured as a sole proprietorship;
(2) Partners, if a private for-profit college or university is structured as a partnership;
(3) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; and
(4) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation. See Hawaii Revised Statutes 305J-2
Owner: means any person who owns or operates a mercantile establishment or the agents or employees of that person. See Hawaii Revised Statutes 663A-1
Parent: means a corporation, limited liability company, partnership, other entity, or individual, that directly or indirectly owns, controls, or holds with power to vote more than fifty per cent of the outstanding voting interests of a pure captive insurance company organized as a stock corporation, nonprofit corporation, or limited liability company. See Hawaii Revised Statutes 431:19-101
Park: means an area which, by reason of location, natural features, scenic beauty or legendary, historical, or scientific interest, possesses distinctive physical, aesthetic, intellectual, creative, or social values. See Hawaii Revised Statutes 184-1
Parkway: means an elongated park transversed by a pleasure vehicle road, but does not include the road. See Hawaii Revised Statutes 184-1
Participant: means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Hawaii Revised Statutes 663B-1
participate: means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities. See Hawaii Revised Statutes 321C-2
Period of illegal drug use: means , in relation to the individual drug user, the entire time of the individual's illegal use of an illegal drug. See Hawaii Revised Statutes 663E-1
Person: means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization or a representative of a group of persons acting in concert. See Hawaii Revised Statutes 97-1
Person: means
(1) any individual, partnership, or corporation or association which is the owner of a business;
(2) any owner, part-owner, tenant, or sharecropper operating a farm;
(3) the head of a family;
(4) an individual not a member of a family;
(5) a nonprofit organization exempted from taxation under section 235-9. See Hawaii Revised Statutes 111-2
Person: includes individual and entity. See Hawaii Revised Statutes 414-3
Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
Person: means any and all persons, natural or artificial, including an individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the State of Hawaii, and all political subdivisions, municipalities, and public agencies thereof. See Hawaii Revised Statutes 174C-3
Personal property: All property that is not real property.
Persons: means one or more people, a company, corporation, a partnership, or an association. See Hawaii Revised Statutes 245-1
Physical presence: means :
(1) Having a physical location in the State, where students receive synchronous or asynchronous instruction; or
(2) Establishing an administrative office in the State in order to:
(A) Provide information to prospective students, enrolling students, or the general public about the institution;
(B) Provide services to enrolled students;
(C) Provide office space for instructional or non-instructional staff; and
(D) Maintain an institutional mailing address, street address, or telephone number in the State. See Hawaii Revised Statutes 305J-2
Physician: means a person licensed to practice medicine and surgery, as required by section 453-2. See Hawaii Revised Statutes 309H-1
Physician assistant: means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5. See Hawaii Revised Statutes 309H-1
Pit: means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining. See Hawaii Revised Statutes 181-1
Place of illegal drug activity: means , in relation to the individual drug user, the place in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use. See Hawaii Revised Statutes 663E-1
Place of participation: means , in relation to a defendant in an action brought under this chapter, the place at which the person participates in the illegal drug market or at which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Hawaii Revised Statutes 663E-1
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means the Hawaii dental education plan. See Hawaii Revised Statutes 319-1
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.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Possess: means to place under direct physical control, restraint, or confinement. See Hawaii Revised Statutes 183D-1
Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, either directly or through another entity. See Hawaii Revised Statutes 245-1
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}
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.
Predators: means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. See Hawaii Revised Statutes 183D-1
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Principal office: means the office (in or out of this State) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Hawaii Revised Statutes 414-3
Private college or university: means a nonpublic post-secondary education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
Private investor: means a non-governmental entity. See Hawaii Revised Statutes 107D-1
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Hawaii Revised Statutes 414-3
Project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers. See Hawaii Revised Statutes 174-2
project: means any facility for each single project or multiproject program of a project party and includes any structure or building suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health care facility; laboratory; laundry; nurses' or [interns'] residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health care facility; dental care facility; nursing school; medical or dental school or teaching facility; mental or physical health facilities related to any such structure or facility; equipment; software; or any other structure, facility, equipment, or software required or useful for the operation of a health care facility, including, but not limited to, offices, parking lots and garages, and other supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and including the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility, and including the refinancing of outstanding obligations of a project party relating to any of the foregoing. See Hawaii Revised Statutes 39A-31
Project: means any combination of land, buildings, and other improvements thereon, for use as a manufacturing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-71
Project: means any combination of land, buildings, and other improvements thereon, for use as a processing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-111
Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
Project: means any energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
Project: means the acquisition, purchase, design, development, construction, reconstruction, rehabilitation, improvement, betterment, extension, financing, or refinancing of low- and moderate-income housing. See Hawaii Revised Statutes 39A-281
Project: means any combination of land, buildings, and other improvements thereon, including without limitation irrigation systems and infrastructure, for use of, or for, or to assist an agricultural enterprise, including without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that are deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 39A-311
Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of the bonds to assist not-for-profit corporations that provide health care facilities to the general public, including without limitation any loan agreement, lease, sublease, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof, entered into by the department with a project party and, where necessary or appropriate, with a lender, lessor, or other third party. See Hawaii Revised Statutes 39A-31
Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a manufacturing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-71
Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a processing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-111
Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
Project agreement: means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-191
Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of such bonds to assist not-for-profit corporations that provide early childhood education and care facilities that serve the general public, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-221
Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of the project party or for the project party or to loan the proceeds of such bonds to assist not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges, and universities that serve the general public, including, without limitation, on any loan agreement. See Hawaii Revised Statutes 39A-251
Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance the development of low- and moderate-income housing, or to loan the proceeds of the special purpose revenue bonds to assist a project party in the development of low- and moderate-income housing, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-281
Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an agricultural enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-311
Project party: means a not-for-profit corporation that provides health care facilities to the general public. See Hawaii Revised Statutes 39A-31
Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a manufacturing enterprise in this State. See Hawaii Revised Statutes 39A-71
Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a processing enterprise in this State. See Hawaii Revised Statutes 39A-111
Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191
Project party: means a not-for-profit corporation that provides an early childhood education and care facility that serves the general public. See Hawaii Revised Statutes 39A-221
Project party: means a not-for-profit private nonsectarian and sectarian elementary school, secondary school, college, and university that serves the general public. See Hawaii Revised Statutes 39A-251
Project party: means an entity engaged in the development of a low- and moderate-income housing project, including a not-for-profit private organization, for-profit private organization, or public instrumentalities and their qualified affiliates. See Hawaii Revised Statutes 39A-281
Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an agricultural enterprise. See Hawaii Revised Statutes 39A-311
Promoting prostitution: means promoting prostitution as provided in § 712-1203. See Hawaii Revised Statutes 663J-2
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prosecuting attorney: means the prosecuting attorney or the deputy prosecuting attorneys of each of the respective counties. See Hawaii Revised Statutes 245-1
Provisional authorization: means authorization of a candidate for accreditation for no more than a five-year period, unless an extension is granted by the director for good cause, while the candidate for accreditation seeks to satisfy the requirement for institutional accreditation; provided that no provisional authorization shall be given for more than a ten-year period. See Hawaii Revised Statutes 305J-2
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Pump installation contractor: means any person, firm, or corporation which is in the business of installing or repairing pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
Pumps and pumping equipment: means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water. See Hawaii Revised Statutes 174C-81
Pure captive insurance company: means a captive insurance company that only insures or reinsures risks of its parent and affiliated entities or of a controlled unaffiliated business. See Hawaii Revised Statutes 431:19-101
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Reasonable-beneficial use: means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is both reasonable and consistent with the state and county land use plans and the public interest. See Hawaii Revised Statutes 174C-3
Recess: A temporary interruption of the legislative business.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 98-2
Record date: means the date established under part [VII or VIII] of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Hawaii Revised Statutes 414-3
Record shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-341
refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes a health care facility or consolidation of such indebtedness with indebtedness of the State incurred for a health care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-31
refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes an early childhood education and care facility or consolidation of such indebtedness with indebtedness of the State incurred for an early childhood education and care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-221
refinancing: means the liquidation; the retirement; the provision for retirement through the proceeds of bonds issued by the State of any indebtedness of a project party incurred to finance or help finance a lawful purpose of the project party not financed pursuant to this part; or the consolidation of such indebtedness with indebtedness of the State incurred by the project party related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-251
refinancing: means the liquidation, the retirement, or the provision for retirement through the proceeds of bonds issued by the State of any indebtedness of a project party incurred to finance, in whole or in part, a low- and moderate-income housing project of the project party not financed pursuant to this part; or the consolidation of such indebtedness with indebtedness of the State related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-281
Release: means to free an animal from effective confinement or restraint. See Hawaii Revised Statutes 183D-1
religious training institution: means a bona fide religious post-secondary educational institution that has a physical presence in the State, that is exempt from property taxation under the laws of the State, and that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. See Hawaii Revised Statutes 305J-2
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Repairs: means any change, replacement, or other alteration of any well, pump, or pumping equipment which requires a breaking or opening of the well seal. See Hawaii Revised Statutes 174C-81
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Risk retention captive insurance company: means a captive insurance company that is formed as a "risk retention group" as defined in chapter 431K. See Hawaii Revised Statutes 431:19-101
Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
Secretary: means the corporate officer to whom the board of directors has delegated responsibility under section 414-231(c) for preparation and custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. See Hawaii Revised Statutes 414-3
Sell: means to:
(1) Solicit and receive an order for;
(2) Have, keep, offer, or expose for sale;
(3) Deliver for value or deliver in any other way than purely gratuitously;
(4) Peddle;
(5) Keep with intent to sell; and
(6) Traffic in. See Hawaii Revised Statutes 245-1
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.
Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-3
Shareholder: means the record shareholder or the beneficial shareholder. See Hawaii Revised Statutes 414-341
Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
Shoplifting: means the specific type of theft offense defined in section 708-830(8). See Hawaii Revised Statutes 663A-1
soil and water conservation district: means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance with this chapter. See Hawaii Revised Statutes 180-1
sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 98-2
State: as used in this chapter , means the State of Hawaii and any department, agency, or instrumentality of the State, or a political subdivision of the State. See Hawaii Revised Statutes 113-5
State agency: means an agency or instrumentality created by the State and includes, for purposes of this chapter, county governmental agencies. See Hawaii Revised Statutes 111-2
state agency: means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. See Hawaii Revised Statutes 321C-2
State agency: includes the executive departments, boards, and commissions of the State but does not include any contractor with the State. See Hawaii Revised Statutes 662-1
State park system: means the parks and parkways designated by the department, control of which is acquired by the department as provided in this part. See Hawaii Revised Statutes 184-1
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Stream: means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. See Hawaii Revised Statutes 174C-3
Stream channel: means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. See Hawaii Revised Statutes 174C-3
Stream diversion: means the act of removing water from a stream into a channel, pipeline, or other conduit. See Hawaii Revised Statutes 174C-3
Stream system: means the aggregate of water features comprising or associated with a stream, including the stream itself and its tributaries, headwaters, ponds, wetlands, and estuary. See Hawaii Revised Statutes 174C-3
Strip mining: means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process. See Hawaii Revised Statutes 181-1
Subpoena: A command to a witness to appear and give testimony.
Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Hawaii Revised Statutes 414-3
Substantial improvements: means any renovation, rehabilitation, reconstruction, or construction of the existing improvements, including minimum requirements for off-site and on-site improvements, the cost of which equals or exceeds thirty per cent of the market value of the existing improvements that the lessee or the lessee and developer install, construct, and complete by the date of completion of the total development. See Hawaii Revised Statutes 171-191
Summons: Another word for subpoena used by the criminal justice system.
Surface water: means both contained surface water--that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction--and diffused surface water--that is, water occurring upon the surface of the ground other than in contained water bodies. See Hawaii Revised Statutes 174C-3
Sustainable yield: means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission. See Hawaii Revised Statutes 174C-3
Take: means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. See Hawaii Revised Statutes 183D-1
telecommunications common carrier: has the meaning defined by § 269-1. See Hawaii Revised Statutes 39A-191
Telecommunications project: means any facilities for each single project or multiproject program for the provision of telecommunications service of a project party that is a telecommunications carrier or a telecommunications common carrier. See Hawaii Revised Statutes 39A-191
Telecommunications service: has the meaning defined by section269-1. See Hawaii Revised Statutes 39A-191
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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.
Unaccredited post-secondary educational institution: means a degree-granting institution that is not accredited or a candidate for accreditation by at least one accrediting agency recognized by the United States Department of Education. See Hawaii Revised Statutes 305J-2
Underserved children: means children who have no access to, or are not qualified to attend, other early learning programs and whose family income is no more than three hundred per cent of the federal poverty level. See Hawaii Revised Statutes 302L-1
uneconomic remnant: is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the State has determined to have little or no value or utility to the owner. See Hawaii Revised Statutes 113-5
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Hawaii Revised Statutes 414-3
University of Hawaii system: means the post-secondary educational institution, including all campuses and community colleges, established and existing pursuant to article X, section 5, of the Hawaii State Constitution and chapter 304A. See Hawaii Revised Statutes 305J-2
Use: means the exercise of any right or power incident to ownership or possession, other than the sale, or the keeping or retention for the purpose of sale. See Hawaii Revised Statutes 245-1
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vital documents: means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services. See Hawaii Revised Statutes 321C-2
Volunteer: means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. See Hawaii Revised Statutes 662D-1
Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Hawaii Revised Statutes 414-3
Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter. See Hawaii Revised Statutes 174-2
Water management area: means a geographic area which has been designated pursuant to § 174C-41 as requiring management of the ground or surface water resource, or both. See Hawaii Revised Statutes 174C-3
Water source: means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof. See Hawaii Revised Statutes 174C-3
Water tolls: means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 174-2
Watercourse: means a stream and any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. See Hawaii Revised Statutes 174C-3
waters of the State: means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. See Hawaii Revised Statutes 174C-3
watershed: as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained. See Hawaii Revised Statutes 183-31
Well: means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. See Hawaii Revised Statutes 174C-3
Well construction: means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
Well driller: means any person, firm, or corporation which constructs, alters, or repairs wells. See Hawaii Revised Statutes 174C-81
Well seal: means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. See Hawaii Revised Statutes 174C-81
WICHE: means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. See Hawaii Revised Statutes 319-1
Wild birds: means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds. See Hawaii Revised Statutes 183D-1
Wildlife: means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 183D-1
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Written language services: means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. See Hawaii Revised Statutes 321C-2

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