Terms Used In Hawaii Revised Statutes > Title 12 > Subtitle 4 - Forestry and Wildlife; Recreation Areas; Fire Protection

• Administrator: means the administrator of forestry and wildlife. See Hawaii Revised Statutes 185-1
• Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 321-502
• Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• 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
• Architect: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, including aesthetic and structural design, or observation of construction, in connection with any private or public buildings, structures, or projects or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health, or property is concerned or involved, when the professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences. See Hawaii Revised Statutes 464-1
• 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
• Assisted living facility: means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 321-15.1
• attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• 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.
• Board: means the neurotrauma advisory board established under § 321H-3. See Hawaii Revised Statutes 321H-1
• Board: means the board of physical therapy. See Hawaii Revised Statutes 461J-1
• Board: means the board of private detectives and guards described in section 463-2. See Hawaii Revised Statutes 463-1
• Board: means Hawaii medical board. See Hawaii Revised Statutes 463E-1
• Board: means the board of psychology. See Hawaii Revised Statutes 465-1
• 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 185-1
• 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-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: means an area comprising a county of the State. See Hawaii Revised Statutes 185-1
• 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
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• Case management services: means services that assist medically fragile children under the medicaid state plan in gaining access to needed medical, social, educational, and other services. See Hawaii Revised Statutes 321-431
• CBRNE event: means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill or sicken people, animals, or plants. See Hawaii Revised Statutes 321-441
• Certificate of approval: means the certificate issued by the department or its designee that authorizes a person, agency, or organization to operate a community care foster family home. See Hawaii Revised Statutes 321-481
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 183C-2
• Client: means any person who receives home and community-based case management services to reside in a community care foster family home, expanded adult residential care home, or assisted living facility. See Hawaii Revised Statutes 321-481
• Code: means the housing, building, and zoning codes of the counties. See Hawaii Revised Statutes 111-2
• 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.
• Compulsion: means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. See Hawaii Revised Statutes 321-511
• 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
• Consumer: means a health care facility, health care professional, or health care provider, as defined in § 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity. See Hawaii Revised Statutes 321-542
• 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
• 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
• Day care center: includes a place designated for group care for four or more adults or a family home providing care for two or more adults. See Hawaii Revised Statutes 321-492
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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 department of health. See Hawaii Revised Statutes 321H-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Department: means department of commerce and consumer affairs. See Hawaii Revised Statutes 463E-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183C-2
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 185-1
• 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 health. See Hawaii Revised Statutes 321-441
• Department: means the department of health. See Hawaii Revised Statutes 321-471
• Department: means the department of health. See Hawaii Revised Statutes 321-481
• Department: means the department of health. See Hawaii Revised Statutes 321-492
• Department: means the department of health. See Hawaii Revised Statutes 321-502
• Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
• Department: means the department of health. See Hawaii Revised Statutes 321-531
• Department: means the department of health. See Hawaii Revised Statutes 321-542
• 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 education. See Hawaii Revised Statutes 302A-101
• 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
• Designee: means a person, institution, organization, or agency authorized by the department to issue certificates of approval to community care foster family homes and to monitor these homes for certificate compliance and quality assurance. See Hawaii Revised Statutes 321-481
• 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 health. See Hawaii Revised Statutes 321H-1
• Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 465-1
• Director: means the director of health. See Hawaii Revised Statutes 321-441
• Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-471
• Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-502
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Disabled and aged persons: means any person who lives with a spouse, relative, or friend but who requires temporary supervision and care during the absence of those persons from the home or residence. See Hawaii Revised Statutes 321-492
• 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
• 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
• 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
• Domestic violence: means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members. See Hawaii Revised Statutes 321-471
• Domestic violence fatality review information: means information regarding a victim, including but not limited to:

  (1) Social, medical, and legal history;

  (2) Death and birth certificates;

  (3) Law enforcement investigative information and data;

  (4) Medical examiner or coroner investigative information and data;

  (5) Parole and probation information and records;

  (6) Information and records of social services agencies;

  (7) Educational records; and

  (8) Health care institution information. See Hawaii Revised Statutes 321-471

• Domestic violence fatality review team: means those individuals appointed by the director to review domestic violence fatalities. See Hawaii Revised Statutes 321-471
• Durable medical equipment: means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service. See Hawaii Revised Statutes 321-542
• Durable medical equipment supplier: means a person who sells, dispenses, delivers, or services durable medical equipment. See Hawaii Revised Statutes 321-542
• 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
• Educational institution: means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities. See Hawaii Revised Statutes 461J-1
• Elder: means any person as may otherwise be defined by the department, who desires and needs counseling, guidance, and assistance to modify or resolve the social, economic, educational, recreational, physical, or mental problem that impedes the person's personal functioning and well-being. See Hawaii Revised Statutes 321-492
• Emergency contraception: means one or more prescription drugs used separately or in combination that are:

  (1) Used postcoitally within a recommended amount of time;

  (2) Used for the purposes of preventing pregnancy; and

  (3) Approved by the United States Food and Drug Administration. See Hawaii Revised Statutes 321-511

• Emergency response stockpile: means a strategic supply of drugs, vaccines and other biological products, medical devices, and related supplies maintained by the department to protect or treat the population of the State in the event of a CBRNE event. See Hawaii Revised Statutes 321-441
• enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
• 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
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425-101
• 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
• Expanded adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility. See Hawaii Revised Statutes 321-15.1
• 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
• 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
• 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
• Firm: means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity. See Hawaii Revised Statutes 463-1
• 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
• 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.
• 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
• Guard: means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. See Hawaii Revised Statutes 463-1
• Guard agency: means a licensed firm engaged in the guard business. See Hawaii Revised Statutes 463-1
• 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
• home: means a home that:

  (1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;

  (2) Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, at least one of whom shall be a medicaid recipient, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; provided that:

  (A) The department, in its discretion, may certify a home for a third adult who is at the nursing facility level of care and is a medicaid recipient; provided further that:

  (i) The home has been certified and in operation for not less than one year;

  (ii) The primary caregiver is a certified nurse aide, as defined in section 457A-1. See Hawaii Revised Statutes 321-481

• Home and community-based case management agency: means any person, agency, or organization licensed by the department to provide, coordinate, and monitor comprehensive services to meet the needs of clients whom the agency serves in a community care foster family home or any medicaid clients in an expanded adult residential care home, or an assisted living facility. See Hawaii Revised Statutes 321-481
• Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
• Individual: means a natural person. See Hawaii Revised Statutes 414-3
• Individual: means a natural person. See Hawaii Revised Statutes 425-101
• Institution of higher education: means a university, professional school, or other institution of higher learning that:

  (1) In the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education;

  (2) In Canada, holds a membership in the Association of Universities and Colleges of Canada; or

  (3) In other countries, is accredited by the respective official organization having such authority. See Hawaii Revised Statutes 465-1

• Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 321-502
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Kuleana: means those lands granted to native tenants pursuant to L. See Hawaii Revised Statutes 183C-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 surveying: means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage. See Hawaii Revised Statutes 464-1
• land surveyor: means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. See Hawaii Revised Statutes 464-1
• 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
• Landscape architect: means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:

  (1) The preservation and enhancement of land uses and natural land features;

  (2) The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and

  (3) The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading. See Hawaii Revised Statutes 464-1

• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a pilot's license issued pursuant to this chapter. See Hawaii Revised Statutes 462A-1
• License: means an approval issued by the department or its authorized agents for a person, agency, or organization to operate as a home and community-based case management agency. See Hawaii Revised Statutes 321-481
• Licensed: means the authority to engage in the autonomous practice of psychology. See Hawaii Revised Statutes 465-1
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
• 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

• Manager: means the forestry and wildlife manager of a designated branch. See Hawaii Revised Statutes 185-1
• Medically fragile children: means children under the age of twenty-one with complex medical conditions that may or may not require technological interventions, including but not limited to ventilator care, tracheostomy care, catheterizations, parenteral nutrition, complex enteral feeding, and complex wound care. See Hawaii Revised Statutes 321-431
• 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.
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
• 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 any individual or entity. See Hawaii Revised Statutes 425-101
• Person with developmental or intellectual disabilities: means an adult with a developmental or intellectual disability. See Hawaii Revised Statutes 321-502
• Pilot: means a state pilot licensed pursuant to this chapter as a port pilot or a deputy port pilot. See Hawaii Revised Statutes 462A-1
• Pilotage waters: means the waters of this State covered by this chapter. See Hawaii Revised Statutes 462A-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Podiatric medicine: means the medical, surgical, mechanical, manipulative, and electrical diagnosis and treatment of the human foot, malleoli, and ankle, including the surgical treatment of the muscles and tendons of the leg governing the functions of the foot, but does not include amputation above the ankle, treatment of systemic conditions, or the use of any anesthetic except local anesthetic. See Hawaii Revised Statutes 463E-1
• Podiatrist: means a person in the professional practice of podiatric medicine. See Hawaii Revised Statutes 463E-1
• Possess: means to place under direct physical control, restraint, or confinement. See Hawaii Revised Statutes 183D-1
• Practice of physical therapy: includes , but is not limited to, the use of the following:

  (1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;

  (2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;

  (3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments. See Hawaii Revised Statutes 461J-1

• Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Hawaii Revised Statutes 465-1
• Predators: means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. See Hawaii Revised Statutes 183D-1
• Principal detective: means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• Principal guard: means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
• 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 detective agency: means a licensed firm engaged in the private detective business. See Hawaii Revised Statutes 463-1
• 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
• Professional engineer: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, or observation of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data. See Hawaii Revised Statutes 464-1
• Professional psychology training program: means a doctoral training program that includes (1) and (2), or (1) and (3) of the following:

  (1) Is a planned program of study which reflects an integration of the science and practice of psychology including practica and internship; and

  (2) Is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology or is accredited by the Canadian Psychological Association; or

  (3) Is offered in a regionally accredited institution of higher education. See Hawaii Revised Statutes 465-1

• 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 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 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
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. See Hawaii Revised Statutes 465-1
• 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 schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
• Quorum: The number of legislators that must be present to do business.
• 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
• Regionally accredited institution: means an institution of higher education accredited by the bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education. See Hawaii Revised Statutes 465-1
• Release: means to free an animal from effective confinement or restraint. See Hawaii Revised Statutes 183D-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• 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.
• Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
• Sexual assault victim: means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital. See Hawaii Revised Statutes 321-511
• 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
• Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
• 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
• 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 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
• Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
• Stroke coalition: means a multi-organizational process of public, private, and nonprofit organizations working together for a common purpose to improve stroke outcomes throughout the State. See Hawaii Revised Statutes 321-531
• Stroke database: means a stroke coalition-approved, existing, nationally recognized and validated data platform available to the department and all participating hospitals statewide and that has features to maintain confidentiality standards and data security. See Hawaii Revised Statutes 321-531
• Strong compulsion: means the use of or attempt to use one or more of the following to overcome a person:

  (1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;

  (2) A dangerous instrument; or

  (3) Physical force. See Hawaii Revised Statutes 321-511

• Subpoena: A command to a witness to appear and give testimony.
• Take: means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. See Hawaii Revised Statutes 183D-1
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• 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.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• Trustee: A person or institution holding and administering property in trust.
• 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
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Hawaii Revised Statutes 414-3
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 462A-1
• Victim: means an adult whose death is suspected of having been caused by domestic violence or domestic violence-related suicide. See Hawaii Revised Statutes 321-471
• 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
• 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
• 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