Senate File 222 - Introduced



                                       SENATE FILE       
                                       BY  HOGG


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the Iowa economic emergency fund and the cash
  2    reserve fund by increasing the maximum balances of the funds
  3    and authorizing a contingent appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2255SS 82
  6 jp/es/88

PAG LIN



  1  1    Section 1.  Section 8.55, subsection 2, paragraph a, Code
  1  2 2007, is amended to read as follows:
  1  3    a.  The maximum balance of the fund is the amount equal to
  1  4 two and one=half ten percent of the adjusted revenue estimate
  1  5 for the fiscal year.  If the amount of moneys in the Iowa
  1  6 economic emergency fund is equal to the maximum balance,
  1  7 moneys in excess of this amount shall be transferred to the
  1  8 general fund.
  1  9    Sec. 2.  Section 8.55, subsection 3, paragraph a, Code
  1 10 2007, is amended to read as follows:
  1 11    a.  Except as provided in paragraphs "b", "bb", and "c",
  1 12 the moneys in the Iowa economic emergency fund shall only be
  1 13 used pursuant to an appropriation made by the general
  1 14 assembly.  An appropriation shall only be made for the fiscal
  1 15 year in which the appropriation is made.  The moneys shall
  1 16 only be appropriated by the general assembly for emergency
  1 17 expenditures.
  1 18    Sec. 3.  Section 8.55, subsection 3, Code 2007, is amended
  1 19 by adding the following new paragraph:
  1 20    NEW PARAGRAPH.  bb.  There is appropriated from the Iowa
  1 21 economic emergency fund to the general fund of the state an
  1 22 amount sufficient to reduce or prevent an overdraft on or
  1 23 deficit in the general fund of the state for the fiscal year
  1 24 in which the appropriation is made.  The appropriation made in
  1 25 this paragraph shall not exceed an amount equal to twenty
  1 26 percent of the unobligated and unencumbered balance in the
  1 27 fund on the date the appropriation is made and is contingent
  1 28 upon all of the following having occurred:
  1 29    (1)  The governor projects that the appropriation is
  1 30 necessary to preclude implementation of or to reduce the
  1 31 amount of the uniform reductions in appropriations otherwise
  1 32 required pursuant to section 8.31 to prevent an overdraft on
  1 33 or deficit in the general fund of the state.
  1 34    (2)  The governor projects that without the appropriation,
  1 35 the balance of the general fund of the state at the close of
  2  1 the fiscal year will be negative.
  2  2    (3)  The general assembly is not in regular or
  2  3 extraordinary session.
  2  4    (4)  The governor has issued an official proclamation and
  2  5 has notified the co=chairpersons of the fiscal committee of
  2  6 the legislative council and the legislative services agency
  2  7 verifying the contingencies addressed in subparagraphs (1)
  2  8 through (3) and outlining the reasons why the appropriation
  2  9 authorized in this paragraph "bb" is necessary to prevent an
  2 10 overdraft on or deficit in the general fund of the state.  The
  2 11 appropriation amount shall be identified in the proclamation.
  2 12 The effective date of the appropriation is the date the
  2 13 proclamation is published in the Iowa administrative bulletin.
  2 14    Sec. 4.  Section 8.56, subsection 4, paragraph b, Code
  2 15 2007, is amended to read as follows:
  2 16    b.  In addition to the requirements of paragraph "a", an
  2 17 appropriation shall not be made from the cash reserve fund
  2 18 which would cause the fund's balance to be less than three and
  2 19 three=fourths five percent of the adjusted revenue estimate
  2 20 for the year for which the appropriation is made unless the
  2 21 bill or joint resolution is approved by vote of at least
  2 22 three=fifths of the members of both chambers of the general
  2 23 assembly and is signed by the governor.
  2 24    Sec. 5.  Section 8.57, subsection 1, paragraph a, Code
  2 25 2007, is amended to read as follows:
  2 26    a.  The "cash reserve goal percentage" for fiscal years
  2 27 beginning on or after July 1, 2004 2007, is seven and one=half
  2 28 ten percent of the adjusted revenue estimate.  For each fiscal
  2 29 year in which the appropriation of the surplus existing in the
  2 30 general fund of the state at the conclusion of the prior
  2 31 fiscal year pursuant to paragraph "b" was not sufficient for
  2 32 the cash reserve fund to reach the cash reserve goal
  2 33 percentage for the current fiscal year, there is appropriated
  2 34 from the general fund of the state an amount to be determined
  2 35 as follows:
  3  1    (1)  If the balance of the cash reserve fund in the current
  3  2 fiscal year is not more than six and one=half nine percent of
  3  3 the adjusted revenue estimate for the current fiscal year, the
  3  4 amount of the appropriation under this lettered paragraph is
  3  5 one percent of the adjusted revenue estimate for the current
  3  6 fiscal year.
  3  7    (2)  If the balance of the cash reserve fund in the current
  3  8 fiscal year is more than six and one=half nine percent but
  3  9 less than seven and one=half ten percent of the adjusted
  3 10 revenue estimate for that fiscal year, the amount of the
  3 11 appropriation under this lettered paragraph is the amount
  3 12 necessary for the cash reserve fund to reach seven and
  3 13 one=half ten percent of the adjusted revenue estimate for the
  3 14 current fiscal year.
  3 15    (3)  The moneys appropriated under this lettered paragraph
  3 16 shall be credited in equal and proportionate amounts in each
  3 17 quarter of the current fiscal year.
  3 18                           EXPLANATION
  3 19    This bill relates to the Iowa economic emergency fund and
  3 20 the cash reserve fund by increasing the maximum balances of
  3 21 the funds and authorizes a contingent appropriation.
  3 22    Current law establishes the maximum balance of the Iowa
  3 23 economic emergency fund under Code section 8.55 for a fiscal
  3 24 year at 2.5 percent of the adjusted revenue estimate for the
  3 25 fiscal year under the state general fund expenditure
  3 26 limitation law.  Under the expenditure limitation law, the
  3 27 adjusted revenue estimate is calculated from the appropriate
  3 28 estimate issued for a fiscal year by the revenue estimating
  3 29 conference, and subtracting tax revenues and adding new
  3 30 revenue.  Current law establishes the maximum balance of the
  3 31 cash reserve fund under Code section 8.56 for a fiscal year by
  3 32 applying the cash reserve goal percentage under Code section
  3 33 8.57 to the adjusted revenue estimate for the fiscal year.
  3 34 Under current law, the cash reserve goal percentage is 7.5
  3 35 percent.  The bill changes the applicable percentages used to
  4  1 establish the maximum balances for both funds to 10 percent.
  4  2    The bill includes a conforming amendment to language for
  4  3 the cash reserve fund in Code section 8.56 which prohibits an
  4  4 appropriation from the fund which would cause the fund balance
  4  5 to fall below a percentage equal to one half of the maximum
  4  6 percentage.  The bill increases that percentage from 3.75 to 5
  4  7 percent.
  4  8    The bill also amends the Iowa economic emergency fund
  4  9 provisions to authorize a new contingent appropriation of up
  4 10 to 20 percent of the available balance of the Iowa economic
  4 11 emergency fund to the general fund of the state.  An existing
  4 12 contingent appropriation for a similar purpose may only be
  4 13 made at the close of the fiscal year.  The new appropriation
  4 14 is contingent upon the following:  the governor projecting
  4 15 that the appropriation is necessary to preclude the governor
  4 16 from ordering an across=the=board appropriation reduction in
  4 17 accordance with Code section 8.31, the governor projecting
  4 18 that without the appropriation the balance of the general fund
  4 19 will be negative at the close of the fiscal year, the general
  4 20 assembly is not in regular or extraordinary session, and the
  4 21 governor verifies these contingencies in an official
  4 22 proclamation which states the reasons why the appropriation is
  4 23 necessary to prevent an overdraft on or deficit in the general
  4 24 fund of the state.
  4 25    The proclamation is required to identify the amount of the
  4 26 appropriation and the appropriation takes effect on the date
  4 27 the proclamation is published in the Iowa administrative
  4 28 bulletin.
  4 29 LSB 2255SS 82
  4 30 jp:nh/es/88