Senate File 209 - Enrolled
Senate File 209
AN ACT
RELATING TO PUBLIC FUNDING AND REGULATORY MATTERS BY
MAKING APPROPRIATIONS, PROVIDING FOR CERTAIN ADDITIONAL
DEPRECIATION ALLOWANCES, INCREASING THE STATE EARNED INCOME
TAX CREDIT, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
2011 BONUS DEPRECIATION COUPLING
Section 1. Section 422.7, subsection 39A, unnumbered
paragraph 1, as enacted by 2011 Iowa Acts, Senate File 512,
section 18, is amended to read as follows:
The additional first=year depreciation allowance authorized
in section 168(k) of the Internal Revenue Code, as enacted
by Pub. L. No. 110=185, section 103, Pub. L. No. 111=5,
section 1201, Pub. L. No. 111=240, section 2022, and Pub. L.
No. 111=312, section 401, does not apply in computing net
income for state tax purposes for tax years beginning before
January 1, 2011. If the taxpayer has taken the additional
first=year depreciation allowance for purposes of computing
federal adjusted gross income, then the taxpayer shall make the
following adjustments to federal adjusted gross income when
computing net income for state tax purposes:
Sec. 2. Section 422.7, subsection 39B, unnumbered paragraph
1, as enacted by 2011 Iowa Acts, Senate File 512, section 18,
is amended to read as follows:
The additional first=year depreciation allowance authorized
in section 168(n) of the Internal Revenue Code, as enacted by
Pub. L. No. 110=343, section 710, does not apply in computing
net income for state tax purposes for tax years beginning
before January 1, 2011. If the taxpayer has taken the
additional first=year depreciation allowance for purposes of
computing federal adjusted gross income, then the taxpayer
shall make the following adjustments to federal adjusted gross
income when computing net income for state tax purposes:
Sec. 3. Section 422.35, subsection 19A, unnumbered
paragraph 1, as enacted by 2011 Iowa Acts, Senate File 512,
section 21, is amended to read as follows:
The additional first=year depreciation allowance authorized
in section 168(k) of the Internal Revenue Code, as enacted by
Pub. L. No. 110=185, section 103, Pub. L. No. 111=5, section
1201, Pub. L. No. 111=240, section 2022, and Pub. L. No.
111=312, section 401, does not apply in computing net income
for state tax purposes for tax years beginning before January
1, 2011. If the taxpayer has taken the additional first=year
depreciation allowance for purposes of computing federal
taxable income, then the taxpayer shall make the following
adjustments to federal taxable income when computing net income
for state tax purposes:
Sec. 4. Section 422.35, subsection 19B, unnumbered
paragraph 1, as enacted by 2011 Iowa Acts, Senate File 512,
section 21, is amended to read as follows:
The additional first=year depreciation allowance authorized
in section 168(n) of the Internal Revenue Code, as enacted
by Pub. L. No. 110=343, section 710, does not apply in
computing net income for state tax purposes for tax years
beginning before January 1, 2011. If the taxpayer has taken
the additional first=year depreciation allowance for purposes
of computing federal taxable income, then the taxpayer shall
make the following adjustments to federal taxable income when
computing net income for state tax purposes:
Sec. 5. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 6. RETROACTIVE APPLICABILITY. The following provision
or provisions of this division of this Act apply retroactively
to January 1, 2008, for tax years ending on or after that date:
1. The sections of this Act amending section 422.7,
subsections 39A and 39B, as enacted by 2011 Iowa Acts, Senate
File 512, section 18.
2. The sections of this Act amending section 422.35,
subsections 19A and 19B, as enacted by 2011 Iowa Acts, Senate
File 512, section 21.
DIVISION II
EARNED INCOME TAX CREDIT
Sec. 7. Section 422.12B, subsection 1, Code 2011, is amended
to read as follows:
1. The taxes imposed under this division less the credits
allowed under section 422.12 shall be reduced by an earned
income credit equal to seven ten percent of the federal earned
income credit provided in section 32 of the Internal Revenue
Code. Any credit in excess of the tax liability is refundable.
Sec. 8. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to January 1, 2011, for tax years
beginning on or after that date.
DIVISION III
SUPPLEMENTAL APPROPRIATIONS
Sec. 9. DEPARTMENT OF EDUCATION ==== COMMUNITY
COLLEGES. After applying the reductions made pursuant to 2010
Iowa Acts, chapter 1193, section 27, to the appropriations made
for the following designated purposes, there is appropriated
from the general fund of the state to the department of
education for the fiscal year beginning July 1, 2010, and
ending June 30, 2011, the following amounts, or so much thereof
as is necessary, to supplement the appropriations made for the
following designated purposes:
1. MERGED AREA I ==== NORTHEAST IOWA COMMUNITY COLLEGE
For general state financial aid for merged area I, in
2010 Iowa Acts, chapter 1183, section 6, subsection 19, and
reflecting a corrective addition of $4,474 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 298,883
2. MERGED AREA II ==== NORTH IOWA AREA COMMUNITY COLLEGE
For general state financial aid for merged area II, in
2010 Iowa Acts, chapter 1183, section 6, subsection 20, and
reflecting a corrective reduction of $28,512 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 286,545
3. MERGED AREA III ==== IOWA LAKES COMMUNITY COLLEGE
For general state financial aid for merged area III, in
2010 Iowa Acts, chapter 1183, section 6, subsection 21, and
reflecting a corrective reduction of $32,233 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 257,873
4. MERGED AREA IV ==== NORTHWEST COMMUNITY COLLEGE
For general state financial aid for merged area IV, in
2010 Iowa Acts, chapter 1183, section 6, subsection 22, and
reflecting a corrective reduction of $13,939 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 128,526
5. MERGED AREA V ==== IOWA CENTRAL COMMUNITY COLLEGE
For general state financial aid for merged area V, in
2010 Iowa Acts, chapter 1183, section 6, subsection 23, and
reflecting a corrective addition of $18,745 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 344,251
6. MERGED AREA VI ==== IOWA VALLEY COMMUNITY COLLEGE DISTRICT
For general state financial aid for merged area VI, in
2010 Iowa Acts, chapter 1183, section 6, subsection 24, and
reflecting a corrective reduction of $25,507 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 251,942
7. MERGED AREA VII ==== HAWKEYE COMMUNITY COLLEGE
For general state financial aid for merged area VII, in
2010 Iowa Acts, chapter 1183, section 6, subsection 25, and
reflecting a corrective reduction of $11,837 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 401,298
8. MERGED AREA IX ==== EASTERN IOWA COMMUNITY COLLEGE
For general state financial aid for merged area IX, in
2010 Iowa Acts, chapter 1183, section 6, subsection 26, and
reflecting a corrective reduction of $4,921 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 508,961
9. MERGED AREA X ==== KIRKWOOD COMMUNITY COLLEGE
For general state financial aid for merged area X, in
2010 Iowa Acts, chapter 1183, section 6, subsection 27, and
reflecting a corrective addition of $55,034 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 959,044
10. MERGED AREA XI ==== DES MOINES AREA COMMUNITY COLLEGE
For general state financial aid for merged area XI, in
2010 Iowa Acts, chapter 1183, section 6, subsection 28, and
reflecting a corrective addition of $106,395 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 1,016,636
11. MERGED AREA XII ==== WESTERN IOWA TECH COMMUNITY COLLEGE
For general state financial aid for merged area XII, in
2010 Iowa Acts, chapter 1183, section 6, subsection 29, and
reflecting a corrective reduction of $8,974 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 328,413
12. MERGED AREA XIII ==== IOWA WESTERN COMMUNITY COLLEGE
For general state financial aid for merged area XIII, in
2010 Iowa Acts, chapter 1183, section 6, subsection 30, and
reflecting a corrective addition of $9,196 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 355,950
13. MERGED AREA XIV ==== SOUTHWESTERN COMMUNITY COLLEGE
For general state financial aid for merged area XIV, in
2010 Iowa Acts, chapter 1183, section 6, subsection 31, and
reflecting a corrective reduction of $12,340 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 132,279
14. MERGED AREA XV ==== INDIAN HILLS COMMUNITY COLLEGE
For general state financial aid for merged area XV, in
2010 Iowa Acts, chapter 1183, section 6, subsection 32, and
reflecting a corrective reduction of $43,717 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 409,622
15. MERGED AREA XVI ==== SOUTHEASTERN COMMUNITY COLLEGE
For general state financial aid for merged area XVI, in
2010 Iowa Acts, chapter 1183, section 6, subsection 33, and
reflecting a corrective reduction of $11,864 in the overall
amount appropriated for the merged area's general state
financial aid for the fiscal year:
.................................................. $ 248,098
16. COMMUNITY COLLEGE SALARIES. For distribution to
community colleges to supplement faculty salaries, in 2010 Iowa
Acts, chapter 1183, section 8:
.................................................. $ 20,415
Sec. 10. DEPARTMENT OF CORRECTIONS. After applying the
reductions made pursuant to 2010 Iowa Acts, chapter 1193,
section 27, and any transfers made pursuant to 2010 Iowa Acts,
chapter 1193, section 28, to the appropriations made for the
following designated purposes, there is appropriated from the
general fund of the state to the department of corrections
for the fiscal year beginning July 1, 2010, and ending June
30, 2011, the following amounts, or so much thereof as is
necessary, to supplement the appropriations made for the
following designated purposes:
1. For the operation of adult correctional institutions in
2010 Iowa Acts, chapter 1190, section 3, subsection 1, to be
allocated as follows:
a. For the operation of the Fort Madison correctional
facility in 2010 Iowa Acts, chapter 1190, section 3, subsection
1, paragraph "a":
.................................................. $ 1,920,083
b. For the operation of the Anamosa correctional facility
in 2010 Iowa Acts, chapter 1190, section 3, subsection 1,
paragraph "b":
.................................................. $ 1,293,060
c. For the operation of the Oakdale correctional facility
in 2010 Iowa Acts, chapter 1190, section 3, subsection 1,
paragraph "c":
.................................................. $ 2,385,141
d. For the operation of the Newton correctional facility
in 2010 Iowa Acts, chapter 1190, section 3, subsection 1,
paragraph "d":
.................................................. $ 1,101,460
e. For the operation of the Mount Pleasant correctional
facility in 2010 Iowa Acts, chapter 1190, section 3, subsection
1, paragraph "e":
.................................................. $ 1,359,865
f. For the operation of the Rockwell City correctional
facility in 2010 Iowa Acts, chapter 1190, section 3, subsection
1, paragraph "f":
.................................................. $ 412,008
g. For the operation of the Clarinda correctional facility
in 2010 Iowa Acts, chapter 1190, section 3, subsection 1,
paragraph "g":
.................................................. $ 1,180,617
h. For the operation of the Mitchellville correctional
facility in 2010 Iowa Acts, chapter 1190, section 3, subsection
1, paragraph "h":
.................................................. $ 504,674
i. For the operation of the Fort Dodge correctional facility
in 2010 Iowa Acts, chapter 1190, section 3, subsection 1,
paragraph "i":
.................................................. $ 1,162,060
2. For general administration in 2010 Iowa Acts, chapter
1190, section 4, subsection 1, paragraph "a":
.................................................. $ 110,202
3. For the judicial district departments of correctional
services in 2010 Iowa Acts, chapter 1190, section 5, subsection
1, to be allocated as follows:
a. For the first judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "a":
.................................................. $ 393,353
b. For the second judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "b":
.................................................. $ 360,912
c. For the third judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "c":
.................................................. $ 221,793
d. For the fourth judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "d":
.................................................. $ 169,067
e. For the fifth judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "e":
.................................................. $ 723,637
f. For the sixth judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "f":
.................................................. $ 460,329
g. For the seventh judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "g":
.................................................. $ 265,431
h. For the eighth judicial district department of
correctional services in 2010 Iowa Acts, chapter 1190, section
5, subsection 1, paragraph "h":
.................................................. $ 177,991
Sec. 11. STATE PUBLIC DEFENDER. After applying the
reductions made pursuant to 2010 Iowa Acts, chapter 1193,
section 27, to the appropriations made for the following
designated purposes, there is appropriated from the general
fund of the state to the office of the state public defender of
the department of inspections and appeals for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amounts, or so much thereof as is necessary, to supplement the
appropriations made for the following designated purposes:
1. For the office of the state public defender, in 2010 Iowa
Acts, chapter 1190, section 10, subsection 1:
.................................................. $ 2,551,500
2. For the fees of court=appointed attorneys for indigent
adults and juveniles, in accordance with section 232.141 and
chapter 815, in 2010 Iowa Acts, chapter 1190, section 10,
subsection 2:
.................................................. $ 16,000,000
Sec. 12. DEPARTMENT OF PUBLIC SAFETY. After applying the
reductions made pursuant to 2010 Iowa Acts, chapter 1193,
section 27, and any transfers made pursuant to 2010 Iowa Acts,
chapter 1193, section 28, to the appropriations made for the
following designated purposes, there is appropriated from
the general fund of the state to the department of public
safety for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amounts, or so much thereof as
is necessary, to supplement the appropriations made for the
following designated purposes:
1. For the department's administrative functions in 2010
Iowa Acts, chapter 1190, section 14, subsection 1:
.................................................. $ 275,000
2. For the division of criminal investigation in 2010 Iowa
Acts, chapter 1190, section 14, subsection 2:
.................................................. $ 325,000
3. For the division of narcotics enforcement in 2010 Iowa
Acts, chapter 1190, section 14, subsection 4, paragraph "a":
.................................................. $ 225,000
4. For the division of state fire marshal in 2010 Iowa Acts,
chapter 1190, section 14, subsection 5:
.................................................. $ 130,000
5. For the division of state patrol in 2010 Iowa Acts,
chapter 1190, section 14, subsection 6:
.................................................. $ 2,000,000
Sec. 13. DEPARTMENT OF PUBLIC HEALTH. After applying the
reductions made pursuant to 2010 Iowa Acts, chapter 1193,
section 27, and any transfers made pursuant to 2010 Iowa Acts,
chapter 1193, section 28, to the appropriations made for the
following designated purposes, there is appropriated from
the general fund of the state to the department of public
health for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amounts, or so much thereof as
is necessary, to supplement the appropriations made for the
following designated purposes:
1. For addictive disorders, in 2010 Iowa Acts, chapter 1192,
section 2, subsection 1:
.................................................. $ 675,896
2. For healthy children and families, in 2010 Iowa Acts,
chapter 1192, section 2, subsection 2:
.................................................. $ 68,192
3. For community capacity, in 2010 Iowa Acts, chapter 1192,
section 2, subsection 4:
.................................................. $ 13,275
4. For healthy aging, in 2010 Iowa Acts, chapter 1192,
section 2, subsection 5:
.................................................. $ 403,500
5. For infectious diseases, in 2010 Iowa Acts, chapter 1192,
section 2, subsection 7:
.................................................. $ 51,688
Sec. 14. DEPARTMENT OF HUMAN SERVICES ====
APPROPRIATIONS. After applying the reductions made pursuant
to 2010 Iowa Acts, chapter 1193, section 27, and any transfers
made pursuant to 2010 Iowa Acts, chapter 1193, section 28, to
the appropriations made for the following designated purposes,
there is appropriated from the general fund of the state to the
department of human services for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or so
much thereof as is necessary, to supplement the appropriations
made for the following designated purposes:
1. For the state mental health institute at Cherokee,
in 2010 Iowa Acts, chapter 1192, section 24, subsection 1,
paragraph "a":
.................................................. $ 784,607
2. For the state mental health institute at Clarinda,
in 2010 Iowa Acts, chapter 1192, section 24, subsection 1,
paragraph "b":
.................................................. $ 623,793
3. For the state mental health institute at Independence,
in 2010 Iowa Acts, chapter 1192, section 24, subsection 1,
paragraph "c":
.................................................. $ 1,235,916
Sec. 15. 2010 Iowa Acts, chapter 1193, section 84,
subsection 2, unnumbered paragraph 1, is amended to read as
follows:
For the duties of the office of the state debt coordinator
established in 2010 Iowa Acts, Senate File 2383, if enacted,
including salaries, support, maintenance, services,
advertising, miscellaneous purposes, and for not more than the
following full=time equivalent positions:
.................................................. $ 300,000 ........................................... F
3.00
Beginning on the effective date of this division of this 2011
Iowa Act, moneys appropriated in this subsection that remain
unencumbered or unobligated shall be used by the department of
revenue for the administrative costs associated with state tax
processing.
Sec. 16. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION IV
CORRECTIVE PROVISIONS
Sec. 17. 2010 Iowa Acts, chapter 1193, section 199, is
amended to read as follows:
SEC. 199. TERRACE HILL ==== GENERAL FUND ==== DEPARTMENT OF
ADMINISTRATIVE SERVICES. There is appropriated from the
general fund of the state to the department of administrative
services for the fiscal year beginning July 1, 2009 2010,
and ending June 30, 2010 2011, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes necessary for the operation of Terrace Hill, and for
not more than the following full=time equivalent positions:
.................................................. $ 263,329
............................................... FTEs 6.38
Sec. 18. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. This division of this Act, being deemed of
immediate importance, takes effect upon enactment. The section
of this division of this Act amending 2010 Iowa Acts, chapter
1193, section 199, applies retroactively to April 29, 2010.
DIVISION V
IOWA COMMUNICATIONS NETWORK
Sec. 19. IOWA COMMUNICATIONS NETWORK ==== AUTHORIZATION
FOR CONTRACTS. Pursuant to section 8D.11, subsection 1,
paragraph "a", the general assembly authorizes the Iowa
telecommunications and technology commission to enter
into contracts in excess of the contract limitation amount
established in section 8D.11, subsection 1, paragraph "c",
for purposes of the commission's project associated with the
federal grant awarded to the commission under the federal
broadband technology opportunities program. This authorization
applies for the duration of the commission's project and to
all affected contracts associated with the project and project
funding.
Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION VI
ADULT MENTAL HEALTH AND INTELLECTUAL AND OTHER DEVELOPMENTAL
DISABILITIES SERVICES SYSTEM REFORM
Sec. 21. ADULT MENTAL HEALTH AND INTELLECTUAL AND
OTHER DEVELOPMENTAL DISABILITIES SERVICES SYSTEM REFORM ==
APPROPRIATION.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
To be credited to the property tax relief fund created
in chapter 426B and for distribution in accordance with
appropriations made from the property tax relief fund enacted
by the Eighty=fourth General Assembly, 2011 Session, pursuant
to recommendations by the general assembly's committees
on appropriations, to address needs in the publicly funded
adult mental health and intellectual and other developmental
disability services system, which may include but are not
limited to eliminating county waiting lists or providing risk
pool funding:
.................................................. $ 20,000,000
2. It is the intent of the general assembly to enact
legislation providing for the reform of the publicly funded
adult mental health and intellectual and other developmental
disability services system and to implement a new services
system structure by July 1, 2013, when the repeals contained in
this division of this Act take effect.
Sec. 22. Section 331.424A, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION. 6. This section is repealed July 1, 2013.
Sec. 23. Section 331.438, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. This section is repealed July 1, 2013.
Sec. 24. Section 331.439, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION. 10. This section is repealed July 1, 2013.
Sec. 25. Section 331.440, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION. 7. This section is repealed July 1, 2013.
Sec. 26. NEW SECTION. 426B.6 Future repeal.
This chapter is repealed July 1, 2013.
Sec. 27. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION VII
TAXPAYERS TRUST FUND
Sec. 28. Section 8.54, subsection 5, Code 2011, is amended
to read as follows:
5. For fiscal years in which it is anticipated that the
distribution of moneys from the Iowa economic emergency fund in
accordance with section 8.55, subsection 2, results will result
in moneys being transferred to the general fund, the original
state general fund expenditure limitation amount provided for
in subsection 3 shall be readjusted to include the amount of
moneys which are so anticipated to be so transferred.
Sec. 29. Section 8.55, subsection 2, Code 2011, is amended
to read as follows:
2. a. The maximum balance of the fund is the amount equal
to two and one=half percent of the adjusted revenue estimate
for the fiscal year. If the amount of moneys in the Iowa
economic emergency fund is equal to the maximum balance, moneys
in excess of this amount shall be transferred to the general
fund. distributed as follows:
(1) The first sixty million dollars of the difference
between the actual net revenue for the general fund of the
state for the fiscal year and the adjusted revenue estimate for
the fiscal year shall be transferred to the taxpayers trust
fund.
(2) The remainder of the excess, if any, shall be
transferred to the general fund of the state.
b. Notwithstanding paragraph "a", any moneys in excess
of the maximum balance in the economic emergency fund after
the distribution of the surplus in the general fund of the
state at the conclusion of each fiscal year shall not be
transferred to the general fund of the state distributed as
provided in paragraph "a" but shall be transferred to the senior
living trust fund. The total amount appropriated, reverted,
or transferred, in the aggregate, under this paragraph,
section 8.57, subsection 2, and any other law providing for
an appropriation or reversion or transfer of an appropriation
to the credit of the senior living trust fund, for all fiscal
years beginning on or after July 1, 2004, shall not exceed the
amount specified in section 8.57, subsection 2, paragraph "c".
Sec. 30. NEW SECTION. 8.57E Taxpayers trust fund.
1. A taxpayers trust fund is created. The fund shall be
separate from the general fund of the state and the balance in
the fund shall not be considered part of the balance of the
general fund of the state. The moneys credited to the 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.
2. Moneys in the taxpayers trust fund shall only be used
pursuant to appropriations made by the general assembly for tax
relief.
3. a. Moneys in the taxpayer's trust fund may be used
for cash flow purposes during a fiscal year provided that any
moneys so allocated are returned to the fund by the end of that
fiscal year.
b. Except as provided in section 8.58, the taxpayers trust
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. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys deposited in the taxpayers trust fund shall
be credited to the fund.
Sec. 31. Section 8.58, Code 2011, is amended to read as
follows:
8.58 Exemption from automatic application.
1. To the extent that moneys appropriated under section
8.57 do not result in moneys being credited to the general
fund under section 8.55, subsection 2, moneys appropriated
under section 8.57 and moneys contained in the cash reserve
fund, rebuild Iowa infrastructure fund, environment first fund,
and Iowa economic emergency fund, and taxpayers trust fund
shall not be considered in the application of any formula,
index, or other statutory triggering mechanism which would
affect appropriations, payments, or taxation rates, contrary
provisions of the Code notwithstanding.
2. To the extent that moneys appropriated under section
8.57 do not result in moneys being credited to the general fund
under section 8.55, subsection 2, moneys appropriated under
section 8.57 and moneys contained in the cash reserve fund,
rebuild Iowa infrastructure fund, environment first fund, and
Iowa economic emergency fund, and taxpayers trust fund shall
not be considered by an arbitrator or in negotiations under
chapter 20.
Sec. 32. APPLICABILITY. The amendments in this division of
this Act to sections 8.54 and 8.55 apply to moneys attributed
to fiscal years beginning on or after July 1, 2011.
JOHN P. KIBBIE
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 209, Eighty=fourth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2011
TERRY E. BRANSTAD
Governor
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