Senate
File
203
-
Introduced
SENATE
FILE
203
BY
HOGG
A
BILL
FOR
An
Act
relating
to
the
creation
of
the
bond
repayment
fund
and
1
including
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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203
Section
1.
Section
8.55,
subsection
2,
Code
2011,
is
amended
1
to
read
as
follows:
2
2.
a.
The
maximum
balance
of
the
fund
is
the
amount
equal
3
to
two
and
one-half
percent
of
the
adjusted
revenue
estimate
4
for
the
fiscal
year.
If
the
amount
of
moneys
in
the
Iowa
5
economic
emergency
fund
is
equal
to
the
maximum
balance,
moneys
6
in
excess
of
this
amount
shall
be
transferred
to
the
general
7
bond
repayment
fund.
8
b.
Notwithstanding
paragraph
“a”
,
any
moneys
in
excess
of
9
the
maximum
balance
in
the
economic
emergency
fund
after
the
10
distribution
of
the
surplus
in
the
general
bond
repayment
fund
11
of
the
state
at
the
conclusion
of
each
fiscal
year
shall
not
12
be
transferred
to
the
general
bond
repayment
fund
of
the
state
13
but
shall
be
transferred
to
the
senior
living
trust
fund.
The
14
total
amount
appropriated,
reverted,
or
transferred,
in
the
15
aggregate,
under
this
paragraph,
section
8.57,
subsection
2
,
16
and
any
other
law
providing
for
an
appropriation
or
reversion
17
or
transfer
of
an
appropriation
to
the
credit
of
the
senior
18
living
trust
fund,
for
all
fiscal
years
beginning
on
or
after
19
July
1,
2004,
shall
not
exceed
the
amount
specified
in
section
20
8.57,
subsection
2
,
paragraph
“c”
.
21
Sec.
2.
NEW
SECTION
.
8.57E
Bond
repayment
fund.
22
1.
The
bond
repayment
fund
is
created.
The
fund
shall
be
23
separate
from
the
general
fund
of
the
state
and
the
balance
in
24
the
fund
shall
not
be
considered
part
of
the
balance
of
the
25
general
fund
of
the
state.
The
moneys
credited
to
the
fund
26
are
not
subject
to
section
8.33
and
shall
not
be
transferred,
27
used,
obligated,
appropriated,
or
otherwise
encumbered
except
28
as
provided
in
this
section.
29
2.
Moneys
in
the
bond
repayment
fund
shall
only
be
used
30
for
the
defeasance
of
outstanding
obligations
of
state-issued
31
revenue
bonds
that
have
a
debt
service
paid
by
a
dedicated
32
state
revenue
source.
33
3.
a.
Moneys
in
the
fund
may
be
used
for
cash
flow
purposes
34
during
a
fiscal
year
provided
that
any
moneys
so
allocated
are
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returned
to
the
fund
by
the
end
of
that
fiscal
year.
1
b.
Except
as
provided
in
section
8.58,
the
bond
repayment
2
fund
shall
be
considered
a
special
account
for
the
purposes
of
3
section
8.53
in
determining
the
cash
position
of
the
general
4
fund
of
the
state
for
the
payment
of
state
obligations.
5
4.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
6
earnings
deposited
in
the
bond
repayment
fund
shall
be
credited
7
to
the
fund.
8
Sec.
3.
Section
8.58,
Code
2011,
is
amended
to
read
as
9
follows:
10
8.58
Exemption
from
automatic
application.
11
1.
To
the
extent
that
moneys
appropriated
under
section
12
8.57
do
not
result
in
moneys
being
credited
to
the
general
13
fund
under
section
8.55,
subsection
2
,
moneys
appropriated
14
under
section
8.57
and
moneys
contained
in
the
cash
reserve
15
fund,
rebuild
Iowa
infrastructure
fund,
environment
first
fund,
16
and
Iowa
economic
emergency
fund
,
and
bond
repayment
fund
17
shall
not
be
considered
in
the
application
of
any
formula,
18
index,
or
other
statutory
triggering
mechanism
which
would
19
affect
appropriations,
payments,
or
taxation
rates,
contrary
20
provisions
of
the
Code
notwithstanding.
21
2.
To
the
extent
that
moneys
appropriated
under
section
22
8.57
do
not
result
in
moneys
being
credited
to
the
general
fund
23
under
section
8.55,
subsection
2
,
moneys
appropriated
under
24
section
8.57
and
moneys
contained
in
the
cash
reserve
fund,
25
rebuild
Iowa
infrastructure
fund,
environment
first
fund,
and
26
Iowa
economic
emergency
fund
,
and
bond
repayment
fund
shall
not
27
be
considered
by
an
arbitrator
or
in
negotiations
under
chapter
28
20
.
29
Sec.
4.
EFFECTIVE
UPON
ENACTMENT
——
APPLICABILITY.
30
1.
This
Act,
being
deemed
of
immediate
importance,
takes
31
effect
upon
enactment.
32
2.
The
amendment
to
section
8.55,
providing
for
transfer
33
of
moneys
from
the
Iowa
economic
emergency
fund
to
the
bond
34
repayment
fund
instead
of
the
general
fund
of
the
state
applies
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203
to
transfers
made
from
the
Iowa
economic
emergency
fund
after
1
the
effective
date
of
this
Act
and
the
state
general
fund
2
expenditure
limitation
calculated
for
the
fiscal
year
beginning
3
July
1,
2011,
shall
be
adjusted
accordingly.
4
EXPLANATION
5
This
bill
creates
the
bond
repayment
fund
and
provides
6
effective
date
and
applicability
provisions.
7
The
bond
repayment
fund
is
to
be
separate
from
the
general
8
fund
of
the
state
and
the
balance
in
the
fund
shall
not
be
9
considered
part
of
the
balance
of
the
general
fund
of
the
10
state.
Moneys
in
the
bond
repayment
fund
shall
only
be
used
11
for
the
defeasance
of
outstanding
obligations
of
state-issued
12
revenue
bonds
that
have
a
debt
service
paid
by
a
dedicated
13
state
revenue
source.
14
Code
section
8.55
is
amended
to
provide
that
when
the
Iowa
15
economic
emergency
fund
achieves
its
maximum
balance
the
excess
16
funds
are
transferred
to
the
bond
repayment
fund
instead
of
17
the
general
fund
of
the
state.
Code
section
8.58,
exempting
18
the
balances
in
existing
reserve
funds
from
being
considered
19
in
the
application
of
any
formula,
index,
or
other
statutory
20
triggering
mechanism
which
would
affect
appropriations,
21
payments,
or
taxation
rates,
and
by
an
arbitrator
or
collective
22
bargaining
negotiation
under
Code
chapter
20,
is
amended
by
23
adding
the
new
bond
repayment
fund
created
in
the
bill.
24
The
bill
takes
effect
upon
enactment,
applies
to
transfers
25
made
from
the
Iowa
economic
emergency
fund
to
the
bond
26
repayment
fund
instead
of
the
general
fund
on
or
after
the
27
effective
date,
and
requires
the
effect
of
such
transfers
to
28
be
reflected
by
adjusting
the
state
general
fund
expenditure
29
limitation
calculated
for
fiscal
year
2011-2012
accordingly.
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