Chapter 2.  Definitions

Section 1.201.  Definitions.
Section 1.202.  Related word.

      Section 1.201.  Definitions.
       Unless another meaning clearly appears in the Code, the following terms have the meaning indicated:

     (1)  "adult": a person eighteen years or older

     (2)  "agency": a Government agency stated in Section 7.102

     (3)  "alcoholic drink": a fermented or distilled liquid for human consumption containing alcohol, including beer, liquor and wine as defined in this section

     (4)  "allotment": the delegation of authority to a person to create a legally enforceable financial obligation of funds in accordance with applicable law on the Government. s behalf within the limits set forth in an appropriation or imposed by the terms of funding available from another source

     (5)  "antiquities": structures, artifacts or other objects made or constructed in, or brought into, the State before nineteen hundred, or between nineteen hundred and nineteen hundred forty five, if an object from the latter period is identified by regulation pursuant to Section 11.1402

     (6)  "annual budget": an annual proposal, request and accompanying documentation submitted to the Legislature for the granting of obligation and expenditure authority of funds for the ensuing fiscal year by the Government for any purpose, including operations, an economic development project, Government construction project, a special program, contribution, grant, or subsidy

     (7)  "appellate court": the appellate division of the Supreme Court of the Federated States of Micronesia

     (8)  "appropriation": an appropriation or authorization law empowering the government to incur an obligation and to make a disbursement from the Treasury pursuant to law.

     (9)  "beer": a drink containing not more than fifteen percent alcohol by volume, obtained by the alcoholic fermentation of barley, rice and other grain, malt, and similar products, whether or not containing hops or other vegetable product, including beer, ale, stout, lager, porter and other malt or brewed liquors, but not including the Japanese rice wine known as sake

     (10)  "child": includes a child by birth or adoption

     (11)  "citizen": a citizen of the Federated States of Micronesia or a corporation in which only citizens hold an interest

     (12)  "code": the Kosrae State Code of Laws

     (13)  "controlled substance": marijuana, heroin, hashish, cocaine, amphetamine, methamphetamine, phencyclidine and opium.

     (14)  "court": the State Court

     (15)  "crosswalk": any portion of a road clearly marked for pedestrian crossing

     (16)  "day": calendar day

     (17)  "delinquent child": includes a minor who violates State or national law, except a traffic law; does not subject himself to the reasonable control of a parent, teacher, guardian, or custodian, being wayward or habitually disobedient; is habitually absent from home or school without good reason; or injures or endangers his or [another's] morals or health

     (18)  "domicile": a person's place of origin, or, when he has given up his domicile of origin, the single place which he considers to be his home and where he intends to reside permanently, even if at the time he is not residing there; a person is presumed to retain his domicile of origin unless proven by clear and convincing evidence that he does not reside at his place of origin and does not intend to resume residence there

     (19)  "domiciliary": a person whose domicile is in the state; a Kosraean domiciliary retains Kosrae as his domicile until he acquires a new domicile

     (20)  "drinking permit": a permit issued pursuant to Section 12.1403

     (21)  "dwelling place": a structure in which a human being carries on a function of daily living, including sleeping, eating, and food preparation, but excluding exclusively economic activity

     (22)  "equipment or appliance": a device powered by electricity, battery, gas, or kerosene, including a radio, cassette recorder or player, stereo record player, tape recorder, amplifier, speaker, television, video tape viewer or recorder, projector, camera, stove, oven, refrigerator, freezer, washing machine, drying machine, lamp, air conditioner, or fan

     (23)  "executor": includes an administrator

     (24)  "Federated States": the Federated States of Micronesia

     (25)  "fiscal year": the 12-month period from October 1 of one calendar year through September 30 of the succeeding calendar year

     (26)  "food": food or drink for human consumption, except soda, liquor, beer or wine

     (27)  "foraging pig": a pig, whether or not found on the property of its owner, which is not

    (1)  enclosed in an enclosure constructed in accordance with the regulations of the administrator of the Division of Livestock Production and Research issued pursuant to Chapter 15 of Title 11, or

    (2)  under the secure and immediate physical control of a capable person, such as tied by a rope or enclosed within a motor vehicle, while the pig is being led to slaughter, transferred to another pen, transported to another location, or is otherwise out of its pen for a similar lawful purpose

     (28)  "foreign vessel": a boat or ship not wholly owned by a domiciliary

     (29)  "funds": equivalent to "public money" and is Government tax revenues and reimbursements from Government services, and a grant, subsidy or contribution in the form of money for expenditure by or for the Government from external source, including, the United States Government, the Trust Territory Government, the national government, including the following:

     (a)  operational monies received through the United States Department of Interior;

     (b)  special monies received through the United States Department of Interior, including, but not limited to, so-called transition funds, operations and maintenance funds, fuel reserve funds, and generator overhaul funds;

     (c)  a United States federal agency program grant;

     (d)  a Federated States of Micronesia Congress appropriation for use by the Government;

     (e)  monies for construction projects in which the Government has been a contracting party or has otherwise played a substantial role; and

     (f)  monies for economic development projects, regardless of whether any such revenues, reimbursements or monies were subject to appropriation, or were actually appropriated, by the Legislature

     (30)  "goods": tangible personal property which is perceptible to the senses, including that which may become a fixture to real property but does not include, stock, or a bond, note, insurance or negotiable instrument or security, or merchandise in transit to a destination outside the State

     (31)  "Government": the branches and agencies of the State Government, acting in combination or separately

     (32)  "governing body": an agency board of directors and the Senior Land Commissioner (changes effective October 1, 2001 by State Law 7-126)

     (33)  "heir": includes devisee

     (34)  "hovering vessel": an unlicensed vessel in territorial waters or in State waters, if from the history, conduct, character, or location of the vessel it is reasonable to believe that a party is using or may use the vessel to violate law

     (35)  "innocent passage": is navigation through State or territorial waters for the purpose either of traveling in good faith en route from one point to another on the usual course of travel, wind and weather permitting, proceeding to State or territorial waters at a point of entry, or making for the high seas from State or territorial waters, and includes stopping or anchoring only if incidental to ordinary navigation or in an emergency

     (36)  "interest in land": includes title to land

     (37)  "intersection": the area embraced within the prolongation of the lateral boundary lines of two or more roads which join one another at an angle, whether or not one road crosses the other

     (38)  "the island": the State's landmass

     (39)  "jewelry": includes a watch, ring, necklace, bracelet, brooch, ornamental comb or earring

     (40)  "juvenile traffic offender": a minor who violates a State traffic law

     (41)  "liquor": whiskey, vodka, gin or other product of the distillation of a fermented liquid with alcoholic content which is fit for drinking alone or mixed with another substance

     (42)  "lodging": includes residence in a hotel, motel or private home

     (43)  "metal tire": a tire the surface of which is made wholly or partly of hard, nonresilient materials

     (44)  "minor": a person who has not attained his eighteenth birthday

     (45)  "motor vehicle": a self-propelled vehicle for the transportation of a person or property upon a road, except a device moved solely by human or muscular power, including an automobile, truck, jeep, motorcycle, motorscooter or construction equipment capable of self-propelled motion on a road

     (46)  "national government": the Government of the Federated States of Micronesia

     (47)  "non-citizen": a person who is not a citizen

     (48)  "non-domiciliary": a person whose domicile is not in the State

     (49)  "oath": a statement on oath or affirmation

     (50)  "obligation": a legal liability for salary, wage, or contractual service, upon a contract entered into for the purchase of real or personal property, or on a loan or other commitment requiring the payment of money

     (51)  "offender": a person convicted by a court

     (52)  "official traffic signs": a sign or marking placed or erected by proper authority

     (53)  "operator": a person actually controlling a motor vehicle upon a road

     (54)  "owner": includes the person who is the consignee of merchandise upon its entering the State

     (55)  "person": a human being, a corporation, or a government

     (56)  "personal property": includes money

     (57)  "police officer": a person authorized by the Attorney General to enforce law, including the Chief of Police, a member of the Police, or a deputized person

     (58)  "price": the value paid in money or goods

     (59)  "primary road": the road which is the main thoroughfare for vehicular traffic, including the road running from Utwa Municipality to Tafunsak Municipality and the portion of the circumferential road open to regular traffic, and excluding a farm or private road

     (60)  "process": includes a writ, warrant, summon, citation, libel or order used in a Court proceeding

     (61)  "property": includes real, personal, and intangible property

     (62)  "public land": land to which the State or Government holds title to, or in which it has a use interest, including land which is public property

     (63)  "public place": includes public land, land owned or occupied by a municipality, and a place within plain view of the general public

     (64)  "retail": a sale of goods not at wholesale for consumption or use of goods in a manner other than resale

     (65)  "right of way": the privilege of the immediate use of the road

     (66)  "road": a way or place of whatever nature open to the use of the public, as matter of right, for purposes of vehicular travel

     (67)  "soda": a carbonated drink without alcoholic content

     (68)  "State": Kosrae State

     (69)  "State waters": waters within the State's baseline as defined by national law

     (70)  "surrogate": a person lawfully exercising Government power by express grant or delegation of authority

     (71)  "territorial waters": waters bordering the outermost extent of State waters as provided by national law

     (72)  "tobacco products": includes snuff, tobacco prepared for chewing, tobacco made ready for smoking in a pipe or for rolling by hand or machine into a cigarette or cigar, or other product containing tobacco other than a cigarette or cigar

     (73)  "tradition": includes custom

     (74)  "trailer": a vehicle without motor power designed to be drawn by a motor vehicle

     (75)  "unauthorized vessel": a vessel in State or territorial waters without    a license, grant or the express permission of the Government or the national government given pursuant to law, except

    (a)  a public vessel of the United States Government traveling under proper orders and not engaged in a commercial activity,

    (b)  an outrigger vessel, or

    (c)  a vessel propelled by an outboard motor

     (76)  "United States": United States of America

     (77)  "United States federal agency program": a Government program or project with identifiable purpose and activities, including, the areas of health, education, food services, employment, community development, law enforcement, historic preservation, rehabilitation, aging and energy, funds for which pass through a United States federal agency other than the Department of Interior pursuant to a grant proposal or application from the Government or from the national government or the Trust Territory Government on the Government's behalf, but does not include an appropriation from the United States Congress for Government use which do not pass through a United States federal agency other than the Department of Interior, whether or not subject to administration or control by the national government or the Trust Territory Government through the Department of Interior

     (78)  "vehicle": a device in, upon or by which a person or property may be transported or drawn upon a road, including a bicycle, except a device moved by human power or used exclusively upon stationary rails or tracks

     (79)  "week": seven consecutive days

     (80)  "wholesale": a sale of goods not at retail for re-sale before consumption or use in a manner other than sale

     (81)  "will": includes codicil

     (82)  "wine": a liquid made from the fermented juice of grapes, or other fruit or substance, including the Japanese rice wine known as sake, or a mixture thereof

     (83)  "written" or "writing": includes any mode of graphically representing words and letters

     (84)  "year": twelve consecutive months

Subsection (13) was amended by State Law 7-55; Subsections (18) and (19) were amended by State Law 5-100; Subsection (27) was amended by State Law 7-1; Subsection (31) was amended by State Law 6-108.

         Section 1.202.  Related word.
        A definition includes a word which is the defined word expressed in a different form or part of speech.