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



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



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



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



"Certificate of participation" means
any certificate evidencing a participation right or a proportionate interest in
any financing agreement or the right to receive proportionate payments from an
agency due under any financing agreement.



"Credit enhancement agreement" means
any 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, pension
fund, or other financial institution providing additional credit on or security
for a financing agreement or certificates of participation authorized by this
chapter.



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



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



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



"Financing agreement" means any lease
purchase 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 the
improvement, use, or acquisition of real or personal property that is or will
be owned or operated by one or more agencies of the State, the department, or
any agency, or to refinance previously executed financing agreements including
certificates of participation relating thereto.



"Line of credit" means an account at
a financial institution under which the financial institution agrees to lend
money to the department or to an agency, with the approval of the director and
the agency, from time to time to finance one or more projects that are
authorized by this chapter.



"Personal property" means tangible
personal property, software, and fixtures.



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



"Property rights" means, with respect
to 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 a
lease authorized by section 37D-3(4).



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