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

"Agency" means the judiciary, any executive department, any independent commission, any board, any authority, any bureau, any office, any other establishment of the State (except the legislature and its agencies), or any public corporation that is supported in whole or in part by state funds, or any agent thereof, authorized by law to expend available moneys.

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

"Available funds" means funds 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 funds available.

"Credit enhancement agreement" means any agreement or contractual relationship between the State or any state 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.

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

"Financing agreement" means any lease purchase agreement, installment sale agreement, loan agreement, or other agreement to finance the improvement, use, or acquisition of real or personal property that is or will be owned or operated by the State or any state agency, or to refinance previously executed financing agreements including certificates of participation.

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

"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(5).

"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]