Terms Used In Hawaii Revised Statutes > Chapter 431 > Article 3 - Insurers General Requirements

• Adjusted risk-based capital report: means a risk-based capital report that has been adjusted by the commissioner in accordance with section 431:3-402(f). See Hawaii Revised Statutes 431:3-401
• Adult: means an individual who is eighteen years of age or older. See Hawaii Revised Statutes 327L-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural activities: includes :
  (1) The care and production of livestock, livestock products, poultry, and poultry products;
  (2) The care and production of apiary, horticultural, and floricultural products;
  (3) The planting, cultivating, and harvesting of crops or trees; and
  (4) Any other activity that is directly associated with agriculture. See Hawaii Revised Statutes 141D-2
• Agricultural enterprise: means an activity directly and primarily supporting the production and sale of agricultural products in the State. See Hawaii Revised Statutes 141D-2
• Agricultural enterprise lands: means agricultural lands that are transferred to and managed by the department pursuant to this chapter. See Hawaii Revised Statutes 141D-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.
• Applicant: means the person applying for a permit to operate as a hemp processor under this chapter. See Hawaii Revised Statutes 328G-1
• Appointing authority: means a department head or designee having the power to make appointments or changes in the status of employees. See Hawaii Revised Statutes 76-11
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquacultural activities: means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that the farm or ranch is on or directly adjacent to land. See Hawaii Revised Statutes 141D-2
• Arrest: Taking physical custody of a person by lawful authority.
• Articles pyrotechnic: means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation. See Hawaii Revised Statutes 132D-2
• Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant genus cannabis. See Hawaii Revised Statutes 328G-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attending provider: means a physician licensed pursuant to chapter 453 or advanced practice registered nurse licensed pursuant to chapter 457 who has responsibility for the care of the patient and treatment of the patient's terminal disease. See Hawaii Revised Statutes 327L-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.
• Authorized control level risk-based capital: means , with respect to any insurer, the number determined under the risk-based capital formula in accordance with the risk-based capital instructions; and

  (4) "Mandatory control level risk-based capital" means, with respect to any insurer, the product of 0. See Hawaii Revised Statutes 431:3-401

• 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.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• 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.
• Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars. See Hawaii Revised Statutes 328J-1
• Barge: means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Hawaii Revised Statutes 200A-2
• Beaches encumbered with easements in favor of the public: means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by easements granted in favor of the public for bathing, swimming, or other similar or related purposes and for foot passage. See Hawaii Revised Statutes 200-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit society: means a mutual benefit society registered under section 432:1-301 or a fraternal benefit society organized under § 432:2-301. See Hawaii Revised Statutes 431:3-401
• Board: means the enhanced 911 board established under this chapter. See Hawaii Revised Statutes 138-1
• Board: means the law enforcement standards board. See Hawaii Revised Statutes 139-1
• Board: means the board of agriculture. See Hawaii Revised Statutes 141D-2
• Boat dealer: means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels. See Hawaii Revised Statutes 200-23
• Boat manufacturer: means a person engaged in:

  (1) The manufacture, construction, or assembly of boats or associated equipment;

  (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

  (3) The importation into the United States for sale of boats, associated equipment, or components thereof. See Hawaii Revised Statutes 200-23

• Boating accident: means any occurrence involving a vessel or its equipment that results in:

  (1) The death of a person;

  (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

  (3) Damage to the vessel and other property totaling more than $200; or

  (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury. See Hawaii Revised Statutes 200-23

• Building: means any area enclosed or partially enclosed by a roof and at least three walls. See Hawaii Revised Statutes 328J-1
• Business: means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. See Hawaii Revised Statutes 328J-1
• Buyer: means a person that buys or contracts to buy a vessel. See Hawaii Revised Statutes 200A-2
• Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Hawaii Revised Statutes 200A-2
• Call: means any communication, message, signal, or transmission. See Hawaii Revised Statutes 138-1
• Cannabinoids: means any of the various naturally occurring, biologically active, chemical constituents of cannabis that bind to or interact with receptors of the endogenous cannabinoid system. See Hawaii Revised Statutes 328G-1
• Cannabis: means the genus of the flowering plant in the family Cannabaceae. See Hawaii Revised Statutes 328G-1
• Capable: means that in the opinion of the patient's attending provider or consulting provider, psychiatrist, psychologist, or clinical social worker, a patient has the ability to understand the patient's choices for care, including risks and benefits, and make and communicate health care decisions to health care providers. See Hawaii Revised Statutes 327L-1
• Certificate: means certificate of number for an undocumented vessel. See Hawaii Revised Statutes 200-23
• Certificate of origin: includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. See Hawaii Revised Statutes 200A-2
• Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Chief executive: means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Chief of police: means the chief of police of the respective counties and their authorized representatives. See Hawaii Revised Statutes 135-1
• Civil service: includes all positions within a jurisdiction that are not exempted by § 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit. See Hawaii Revised Statutes 76-11
• Civil service employee: means an employee who has met all requirements for membership in the civil service under § 76-27. See Hawaii Revised Statutes 76-11
• Class: means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and the same pay range may apply to each position allocated to the class. See Hawaii Revised Statutes 76-11
• Coast Guard: means the Coast Guard of the United States, or its successor agency. See Hawaii Revised Statutes 200-23
• Commercial high speed boating: means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. See Hawaii Revised Statutes 200-23
• Commercial mobile radio service: means commercial mobile radio service under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, Title 47 United States Code § 151 et seq. See Hawaii Revised Statutes 138-1
• Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, Interconnected Voice over Internet Protocol device, indirect communication through a service bureau or call relay service, such as alarm companies, or any other means. See Hawaii Revised Statutes 138-1
• Communications service connection: means each telephone number or a device's unique identifier assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed. See Hawaii Revised Statutes 138-1
• Communications service provider: means an entity that provides communications service to a subscriber. See Hawaii Revised Statutes 138-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consulting provider: means a physician licensed pursuant to chapter 453 who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease or advanced practice registered nurse licensed pursuant to chapter 457 who is qualified by specialty or experience to diagnose and prescribe medication. See Hawaii Revised Statutes 327L-1
• Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Hawaii Revised Statutes 200A-2
• Contract: A legal written agreement that becomes binding when signed.
• contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 490:1-303. See Hawaii Revised Statutes 200A-2
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Hawaii Revised Statutes 431:3-401
• Council: means the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
• Counseling: means one or more consultations, which may be provided through telehealth, as necessary between a psychiatrist licensed under chapter 453, psychologist licensed under chapter 465, clinical social worker licensed pursuant to chapter 467E, advanced practice registered nurse or clinical nurse specialist licensed under chapter 457 with psychiatric or mental health training, or marriage and family therapist licensed pursuant to chapter 451J, and a patient for the purpose of determining that the patient is capable, and that the patient does not appear to be suffering from undertreatment or nontreatment of depression or other conditions that may interfere with the patient's ability to make an informed decision pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• County: means any county or political subdivision of the State. See Hawaii Revised Statutes 135-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means a calendar day unless otherwise specified. See Hawaii Revised Statutes 76-11
• Dealer: means a person, including a manufacturer, in the business of selling vessels. See Hawaii Revised Statutes 200A-2
• Debtor: means :
  (1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
  (2) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
  (3) A consignee. See Hawaii Revised Statutes 200A-2
• Decarboxylated: means the completion of the chemical reaction that converts naturally occurring cannabinoid acid into a cannabinoid, including delta-9 tetrahydrocannabinol's acids (THCA) into delta-9-tetrahydrocannabinol. See Hawaii Revised Statutes 328G-1
• Decedent: A deceased person.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the department of agriculture. See Hawaii Revised Statutes 141D-2
• Department: means the department of health. See Hawaii Revised Statutes 327L-1
• Department: means the department of health. See Hawaii Revised Statutes 327N-1
• Department: means the department of health. See Hawaii Revised Statutes 328G-1
• Department: means the department of health. See Hawaii Revised Statutes 328J-1
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Dependent: A person dependent for support upon another.
• Director: means the director of health. See Hawaii Revised Statutes 328G-1
• Director: means the director of health. See Hawaii Revised Statutes 328J-1
• Director: means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director. See Hawaii Revised Statutes 76-11
• 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:
• Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. See Hawaii Revised Statutes 200A-2
• Domestic insurer: includes an insurer, a benefit society or a health maintenance organization. See Hawaii Revised Statutes 431:3-401
• Dry weight basis: refers to a method of determining the percentage of a chemical in a substance after removing the moisture from the substance. See Hawaii Revised Statutes 328G-1
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
• Electronic certificate of title: means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
• Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. See Hawaii Revised Statutes 328J-1
• Emergency: means the imminent or actual occurrence of an event, which has the likelihood of causing extensive injury, death, property damage, or impedes the safe and necessary movement of persons or vehicles over public highways, including but not limited to the spillage of hazardous material on a public highway or public place. See Hawaii Revised Statutes 135-1
• Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity. See Hawaii Revised Statutes 328J-1
• Employer: means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States. See Hawaii Revised Statutes 328J-1
• Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from the elements of weather. See Hawaii Revised Statutes 328G-1
• Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
• Enforcement officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 200-61
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• 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.
• FDA: means the United States Food and Drug Administration. See Hawaii Revised Statutes 328G-1
• Federal laws and requirements: means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part. See Hawaii Revised Statutes 200-23
• Fiduciary: A trustee, executor, or administrator.
• Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. See Hawaii Revised Statutes 132D-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign documented vessel: means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel. See Hawaii Revised Statutes 200A-2
• Fraud: Intentional deception resulting in injury to another.
• fund: means the special fund established by section 138-3. See Hawaii Revised Statutes 138-1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Hawaii Revised Statutes 200A-2
• Government entity: means any department, unit, or agency, of the federal, state, or county governments. See Hawaii Revised Statutes 137-1
• 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.
• Health care facility: means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Hawaii Revised Statutes 328J-1
• Health care provider: means a person licensed, certified, or otherwise authorized or permitted by the law of this State to administer health care or dispense medication in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327L-1
• Health maintenance organization: means a health maintenance organization authorized under § 432D-2. See Hawaii Revised Statutes 431:3-401
• Hemp: means Cannabis sativa L. See Hawaii Revised Statutes 328G-1
• Hemp biomass: means the leaf and floral parts of hemp plant material. See Hawaii Revised Statutes 328G-1
• Hemp processor: means a person who processes hemp biomass or prepares a manufactured hemp product. See Hawaii Revised Statutes 328G-1
• hull: means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment. See Hawaii Revised Statutes 200-71
• Hull damaged: means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull. See Hawaii Revised Statutes 200A-2
• Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to title Title 33 of the Code of Federal Regulations, Part 181, as amended. See Hawaii Revised Statutes 200A-2
• 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}
• Informed decision: means a decision by a qualified patient to request and obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institutional facility: means a:

  (1) Hospital;

  (2) Convalescent home;

  (3) Nursing home;

  (4) Extended care facility;

  (5) Mental institution;

  (6) Rehabilitation center;

  (7) Health maintenance organization;

  (8) Psychiatric center;

  (9) Intellectual disability center;

  (10) Penal institution; or

  (11) Any other organization whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, except those places where physicians, dentists, veterinarians, osteopaths, podiatrists, or other prescribers who are duly licensed, engage in private practice. See Hawaii Revised Statutes 328C-1

• Inter vivos: Transfer of property from one living person to another living person.
• Interconnected Voice over Internet Protocol: means a service that:

  (1) Enables real-time, two-way voice communications;

  (2) Requires a broadband connection from the user's location;

  (3) Requires internet protocol-compatible customer premises equipment; and

  (4) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. See Hawaii Revised Statutes 138-1

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Knowledge: means actual knowledge. See Hawaii Revised Statutes 200A-2
• laser pointing device: means any hand-held laser device, which is not designed as a sighting device for a weapon nor for use in a medical procedure. See Hawaii Revised Statutes 136-1
• Law clerk: Assist judges with research and drafting of opinions.
• Law enforcement officer: means :
  (1) A police officer employed by a county police department;
  (2) A public safety officer employed by the department of public safety; or
  (3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers. See Hawaii Revised Statutes 139-1
• 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 a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 200A-2
• Legacy: A gift of property made by will.
• Legislative body: means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council in the case of the city and county of Honolulu; and the respective county councils in the case of the counties of Hawaii, Maui, and Kauai. See Hawaii Revised Statutes 76-11
• Length: means the measurement of a vessel from end to end over the deck. See Hawaii Revised Statutes 200-23
• Lessee: means a lessee under a lease issued by or transferred to the department or any tenant, licensee, grantee, permittee, assignee, or other person authorized to conduct an agricultural enterprise by the board or department. See Hawaii Revised Statutes 141D-2
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 200A-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life or accident and health or sickness insurer: means any insurer that is within the definition of § 431:1-204 or 431:1-205 and is licensed under article 3, or a licensed property and casualty insurer writing only accident and health or sickness insurance. See Hawaii Revised Statutes 431:3-401
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufactured hemp product: means a product created by processing, as defined in this chapter, that:
  (1) Is either:

  (A) Intended to be consumed orally to supplement the human or animal diet in tablet, capsule, powder, softgel, gelcap, or liquid form (e. See Hawaii Revised Statutes 328G-1
• Master plan: means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by section 200D-3. See Hawaii Revised Statutes 200D-1
• Medically confirmed: means the medical opinion of the attending provider has been confirmed by a consulting provider who has examined the patient and the patient's relevant medical records. See Hawaii Revised Statutes 327L-1
• Members: means the members of the Kaneohe Bay regional council. See Hawaii Revised Statutes 200D-1
• Merit appeals board: means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board. See Hawaii Revised Statutes 76-11
• microchip identification: means a device that is implanted under the skin of an animal and that contains contact information for the owner of the animal. See Hawaii Revised Statutes 143-1
• 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.
• Negative trend: means , with respect to a life or accident and health or sickness insurer, a negative trend over a period of time, as determined in accordance with the "trend test calculation" included in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 200-1
• Open ocean racing boat: means a motorized vessel which:

  (1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and

  (2) Has the capacity to carry not more than the operator and five passengers. See Hawaii Revised Statutes 200-23

• Operate: means to navigate or otherwise use a vessel on or in the waters of the State. See Hawaii Revised Statutes 200-23
• Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
• Organized crime: means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed sale of liquor, or corruption of law enforcement officers or other public officers or employers. See Hawaii Revised Statutes 842-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, that owns or controls the real property. See Hawaii Revised Statutes 135-1
• Owner: includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner;

  "Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. See Hawaii Revised Statutes 143-1

• Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
• Owner of record: means the owner indicated in the department's files or, if the files indicate more than one owner, the owner indicated first. See Hawaii Revised Statutes 200A-2
• Parasailing: means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means a person who is under the care of an attending provider. See Hawaii Revised Statutes 327L-1
• Permit: means the certificate issued by the department attesting that the applicant is permitted to operate as a hemp processor. See Hawaii Revised Statutes 328G-1
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 328G-1
• Person: includes any individual or entity capable of holding a legal or beneficial interest in property and includes nonresident aliens. See Hawaii Revised Statutes 842-1
• Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
• Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
• Personal property: All property that is not real property.
• Pharmaceuticals and health care supplies: means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. See Hawaii Revised Statutes 328C-1
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prescription: means prescription medication or medications that the qualified patient may self-administer to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-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.
• Processing: means :
  (1) Making a transformative change to hemp biomass following harvest by converting it into a crude extract or manufactured hemp product; or
  (2) Compounding, blending, extracting, infusing, or otherwise producing a manufactured hemp product by:

  (A) Completing the manufacturing process of transforming crude extract into a manufactured hemp product; or

  (B) Using a manufactured hemp product as an ingredient in the production of another manufactured hemp product. See Hawaii Revised Statutes 328G-1
• Property and casualty insurer: means any insurer that is within the definition of § 431:1-206, 431:1-207, 431:1-208, 431:1-209, 431:1-210, or 431:1-211 and is licensed under article 3, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers. See Hawaii Revised Statutes 431:3-401
• Proprietary information: means customer lists and other related information (including the number of customers), technology descriptions, technical information, or trade secrets, and the actual or developmental costs of enhanced 911 service that are developed, produced, or received internally by a communications service provider or by a provider's employees, directors, officers, or agents. See Hawaii Revised Statutes 138-1
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public highway: means all state and county roads, alleys, streets, ways, lanes, bikeways, and bridges. See Hawaii Revised Statutes 135-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public safety agency: means a functional division of the State or a county that provides or has authority to provide, or a private entity contracted by a state or county agency that provides, firefighting, law enforcement, ambulance, medical, or other emergency services. See Hawaii Revised Statutes 138-1
• Public safety answering point: means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls. See Hawaii Revised Statutes 138-1
• Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel. See Hawaii Revised Statutes 200A-2
• Purchaser: means a person that takes by purchase. See Hawaii Revised Statutes 200A-2
• Qualified patient: means a capable adult who is a resident of the State and has satisfied the requirements of this chapter in order to obtain a prescription to end the qualified patient's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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 200A-2
• Regulatory action level risk-based capital: means , with respect to any insurer, the product of 1. See Hawaii Revised Statutes 431:3-401
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reseller: means a person or entity that purchases communications service from a communications service provider for the purpose of reselling communications service to end-users. See Hawaii Revised Statutes 138-1
• restaurant: includes a bar area within the restaurant and outdoor areas of restaurants. See Hawaii Revised Statutes 328J-1
• Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as such risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:3-401
• Search and rescue expenses: include the following expenses incident to, and incurred by, a government entity or any person or private entity in a search or rescue operation:

  (1) Any and all actual hourly wages, salaries, and employment-related benefits, of persons participating in a search or rescue operation;

  (2) Any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;

  (3) Any and all fuel expenses incident to a search or rescue operation;

  (4) Any and all other expenses relating to a search and rescue operation. See Hawaii Revised Statutes 137-1

• Secured party of record: means the secured party whose name is indicated as the name of the secured party in the department's files or, if the files indicate more than one secured party, the name indicated first. See Hawaii Revised Statutes 200A-2
• Security agreement: means an agreement that creates or provides for a security interest. See Hawaii Revised Statutes 200A-2
• Security interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. See Hawaii Revised Statutes 200A-2
• Self-administer: means an individual performing an affirmative, conscious, voluntary act to take into the individual's body prescription medication to end the individual's life pursuant to this chapter. See Hawaii Revised Statutes 327L-1
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 200A-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
• Sign: means , with present intent to authenticate or adopt a record, to:
  (1) Make or adopt a tangible symbol; or
  (2) Attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 200A-2
• Smoking: includes the use of an electronic smoking device. See Hawaii Revised Statutes 328J-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 200A-2
• State: means the State of Hawaii. See Hawaii Revised Statutes 200-23
• State of principal use: means the state on whose waters a vessel is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year. See Hawaii Revised Statutes 200A-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Synthetic cannabinoid: means a cannabinoid that is:
  (1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
  (2) Not derived from the genus cannabis, including biosynthetic cannabinoids. See Hawaii Revised Statutes 328G-1
• Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. See Hawaii Revised Statutes 327L-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tetrahydrocannabinol: means the cannabinoids that functions as the primary psychoactive component of cannabis. See Hawaii Revised Statutes 328G-1
• Thrill craft: means any motorized vessel that falls into the category of personal watercraft, and which:

  (1) Is generally less than thirteen feet in length as manufactured;

  (2) Is generally capable of exceeding a speed of twenty miles per hour;

  (3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

  (4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. See Hawaii Revised Statutes 200-23

• Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. See Hawaii Revised Statutes 200A-2
• Tobacco product: means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. See Hawaii Revised Statutes 328J-1
• Traffic accident: means an accident involving motorists, pedestrians, or bicyclists, or a combination, on [a] public highway which impedes the safe and necessary movement of persons or vehicles. See Hawaii Revised Statutes 135-1
• Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a vessel. See Hawaii Revised Statutes 200A-2
• trend test calculation: include d in the risk-based capital instructions. See Hawaii Revised Statutes 431:3-401
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Undocumented vessel: means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States. See Hawaii Revised Statutes 200-23
• Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:
  (1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
  (2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
  (3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
  (4) A stationary floating structure that:

  (A) Does not have and is not designed to have a mode of propulsion of its own;

  (B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and

  (C) Has a permanent, continuous hookup to a shoreside sewage system;
  (5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
  (6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
• Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
• Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 200-61
• Vessel number: means the alphanumeric designation for a vessel issued pursuant to title 46 United States Code § 12301, as amended. See Hawaii Revised Statutes 200A-2
• Warning or notice: means any warning or notice issued by a government entity posted on any type of sign. See Hawaii Revised Statutes 137-1
• Water sledding: means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Hawaii Revised Statutes 200A-2