HRS § 231-52 — Definitions


§231-52 Definitions. As used in
sections 231-51 to 231-59, unless the context otherwise requires:
"Claimant agency" includes any state
agency, board, commission, department, institution, the judiciary, or other
state organization, or any subdivision thereof. In the case of delinquent
child support pursuant to section 576D-1, "claimant agency" means the
child support enforcement agency or an agency under cooperative agreement with
the department whenever the department is required by law to enforce a support
order on behalf of an individual. "Claimant agency" includes the
department of budget and finance when acting on behalf and at the request of
the United Student Aid Funds, Inc. to collect defaulted education loan notes
incurred under the federal Higher Education Act of 1965 (Public Law 89-329, 79
Stat. 1219), as amended; provided that the department has a contract with the
United Student Aid Funds, Inc. under chapter 309 when acting as a claimant
agency. "Claimant agency" includes the department of taxation when
acting on behalf and at the request of the Internal Revenue Service under the
United States Department of the Treasury, and when the Internal Revenue Service
is authorized by federal law to administratively impose a levy upon a refund of
a debt or in satisfaction of the federal income taxes assessed under [the] Internal
Revenue Code of 1986, as amended.
"Debt" includes:
(1) Any delinquency in periodic court-ordered or
administrative-ordered payments for child support pursuant to section 576D-1,
in an amount equal to or exceeding the sum of payments which would become due
over a one-month period;
(2) Any liquidated sum exceeding $25 which is due and
owing any claimant agency, regardless of whether there is an outstanding
judgment for that sum, and whether the sum has accrued through contract,
subrogation, tort, operation of law, or judicial or administrative judgment or
order;
(3) Any defaulted education loan note held by the
United Student Aid Funds, Inc. incurred under the federal Higher Education Act
of 1965 (Public Law 89-329, 79 Stat. 1219), as amended;
(4) Any federal income taxes due and owing to the
United States Treasurer;
(5) Any medicaid overpayment under section 346-59.6;
or
(6) Any unpaid court-ordered restitution enforceable
as a civil judgment pursuant to section 706-647.
"Debtor" includes any person who owes
a debt to any claimant agency, who is delinquent in payment of court-ordered or
administrative-ordered child support payments, pursuant to section 576D-1, who
has defaulted on an education loan note held by the United Student Aid Funds,
Inc. incurred under the federal Higher Education Act of 1965 (Public Law
89-329, 79 Stat. 1219), as amended, or who owes federal income taxes to the
United States Treasurer.
"Refund" includes any state income
tax refund which is or will be due any debtor, or any other sums due to a
debtor from the State.