§37D-1  Definitions.  Unless thecontext requires otherwise, as used in this chapter:

"Agency" means the judiciary, anyexecutive department, independent commission, board, authority, bureau, office,other establishment of the State (except the legislature and its agencies), orpublic corporation that is supported in whole or in part by state funds, or anyagent thereof, authorized by law to expend available moneys; provided that theHawaii health systems corporation and its regional system boards shall not begoverned by this chapter for any financing agreement unless it elects to be.

"Attorney general" means the attorneygeneral of the State or any duly designated deputy attorney general.

"Available moneys" means moneysappropriated or otherwise made available, from time to time, by the legislatureto pay amounts due under a financing agreement for the fiscal period in whichthe payments are due, together with any unexpended proceeds of the financingagreement, and any reserves or other amounts that have been deposited in trustto pay amounts due under the financing agreement.  The legislature shall not beobligated to appropriate or otherwise make moneys available.

"Certificate of participation" meansany certificate evidencing a participation right or a proportionate interest inany financing agreement or the right to receive proportionate payments from anagency due under any financing agreement.

"Credit enhancement agreement" meansany agreement or contractual relationship between the State, the department, or,with the approval of the director, any agency,and any bank, trust company, insurance company, surety bonding company, pensionfund, or other financial institution providing additional credit on or securityfor a financing agreement or certificates of participation authorized by thischapter.

"Department" means the department ofbudget and finance of the State.

"Director" means the director offinance of the State or any duly designated deputy director of finance.

"Financial institution" means anyorganization authorized to do business under state or federal laws relating tofinancial institutions, including without limitation banks, savings banks,savings and loan companies or associations, financial services loan companies,and credit unions.

"Financing agreement" means any leasepurchase agreement, installment sale agreement, loan agreement, line of credit,or other agreement of the department or, with the approval of the director, and any agency, to finance theimprovement, use, or acquisition of real or personal property that is or willbe owned or operated by one or more agencies of the State, the department, orany agency, or to refinance previously executed financing agreements includingcertificates of participation relating thereto.

"Line of credit" means an account ata financial institution under which the financial institution agrees to lendmoney to the department or to an agency, with the approval of the director andthe agency, from time to time to finance one or more projects that areauthorized by this chapter.

"Personal property" means tangiblepersonal property, software, and fixtures.

"Project" means the real and personalproperty to be acquired or improved by the department or an agency with theproceeds of a financing agreement of the department or the agency,respectively, or provided to the agency by the department.

"Property rights" means, with respectto personal property, the rights of a secured party under chapter 490,and, with respect to real property, the rights of a trustee or lender under alease authorized by section 37D-3(4).

"Software" includes software,training, and maintenance contracts related to the operation of computerequipment. [L 1996, c 119, pt of §2; am L 1998, c 263, §1; am L 2001, c 200, ptof §3; am L 2007, c 126, pt of §1 and c 290, §11]