8.56 - CASH RESERVE FUND.

        8.56  CASH RESERVE FUND.
         1.  A cash reserve fund is created in the state treasury.  The
      cash reserve fund shall be separate from the general fund of the
      state and shall not be considered part of the general fund of the
      state except in determining the cash position of the state as
      provided in subsection 3.  The moneys in the cash reserve fund are
      not subject to section 8.33 and shall not be transferred, used,
      obligated, appropriated, or otherwise encumbered except as provided
      in this section.  Notwithstanding section 12C.7, subsection 2,
      interest or earnings on moneys deposited in the cash reserve fund
      shall be credited to the rebuild Iowa infrastructure fund created in
      section 8.57.  Moneys in the cash reserve fund may be used for cash
      flow purposes during a fiscal year provided that any moneys so
      allocated are returned to the cash reserve fund by the end of that
      fiscal year.
         2.  The maximum balance of the cash reserve fund is the amount
      equal to the cash reserve goal percentage, as defined in section
      8.57, multiplied by the adjusted revenue estimate for the general
      fund of the state for the current fiscal year.
         3.  The moneys in the cash reserve fund shall only be used
      pursuant to an appropriation made by the general assembly.  An
      appropriation shall be made in accordance with subsection 4 only for
      the fiscal year in which the appropriation is made.  The moneys shall
      only be appropriated by the general assembly for nonrecurring
      emergency expenditures and shall not be appropriated for payment of
      any collective bargaining agreement or arbitrator's decision
      negotiated or awarded under chapter 20.  Except as provided in
      section 8.58, the cash reserve fund shall be considered a special
      account for the purposes of section 8.53 in determining the cash
      position of the general fund of the state for the payment of state
      obligations.
         4. a.  Except as provided in subsection 1, an appropriation
      shall not be made from the cash reserve fund unless the appropriation
      is in accordance with all of the following:
         (1)  The appropriation is contained in a bill or joint resolution
      in which the appropriation is the only subject matter of the bill or
      joint resolution.
         (2)  The bill or joint resolution states the reasons the
      appropriation is necessary.
         b.  In addition to the requirements of paragraph "a", an
      appropriation shall not be made from the cash reserve fund which
      would cause the fund's balance to be less than three and
      three-fourths percent of the adjusted revenue estimate for the year
      for which the appropriation is made unless the bill or joint
      resolution is approved by vote of at least three-fifths of the
      members of both chambers of the general assembly and is signed by the
      governor.  
         Section History: Recent Form
         92 Acts, ch 1227, § 6; 94 Acts, ch 1181, §9; 95 Acts, ch 214, §
      14; 2001 Acts, 2nd Ex, ch 6, §29--31; 2002 Acts, 2nd Ex, ch 1001,
      §27, 33; 2003 Acts, ch 179, §40
         Referred to in § 8.54, 8.62