HB 2012--
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HOUSE BILL No. 2012
By Legislative Budget Committee
12-17
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AN ACT concerning state finances; relating to the ending balance in the state general fund; providing for temporary cash flow certificates; establishing the property tax reduction fund; amending K.S.A. 75-4001 and K.S.A. 1996 Supp. 75-3725a and 75-6702 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 75-4001 is hereby amended to read as follows: 75-4001. As used in this act: (a) ``Public security'' means a bond, note, certificate of indebtedness, temporary cash flow certificate or other obligation for the payment of money, issued by this state or by any of its departments, agencies, boards, or other instrumentalities or by any of its political or taxing subdivisions. (b) ``Instrument of payment'' means a check, draft, warrant, or order for the payment, delivery, or transfer of funds. (c) ``Authorized officer'' means any official of this state or any of its departments, agencies, boards, or other instrumentalities or any of its political or taxing subdivisions whose signature to a public security or instrument of payment is required or permitted. (d) ``Facsimile signature'' means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer. Sec. 2. K.S.A. 1996 Supp. 75-3725a is hereby amended to read as follows: 75-3725a. (a) Whenever it appears that the estimated resources for any fiscal year in the state general fund are sufficient to meet in full the estimated expenditures and obligations for that fiscal year, but that the estimated resources in the state general fund in any month or months of such fiscal year are insufficient to meet in full the estimated expenditures and obligations for such month or months as the same become due, the director of the budget shall so inform the secretary of administration. Unless the secretary finds that the estimates of the director of the budget are grossly incorrect, the secretary shall inform the governor of the report of the director of the budget, and thereupon the governor shall call a meeting of the state finance council within 48 hours after receiving such notice for the sole purpose of implementing provisions of this act. At such meeting the director of the budget shall inform the state finance council of the facts which caused the meeting to be called and together with the director of accounts and reports shall report upon the finances of the state relevant to the call of such meeting, including the availability of moneys invested in accordance with the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, to meet all the obligations of the state as the same become due. Thereupon the state finance council may by the affirmative vote of the governor and of six of the legislator members of the council order the pooled money investment board to issue a written temporary cash flow certificate of indebtedness subject to redemption from the state general fund not later than June 30 next following the issuance of such temporary cash flow certificate of indebtedness. Upon the issuance of any such temporary cash flow certificate of indebtedness the state treasurer shall purchase the same for the amount specified therein from state moneys available for investment in accordance with the provisions of article 42 of chapter 75 of Kansas Statutes Annotated, and amendments thereto. Upon the occurrence of any such purchase the state treasurer and the director of accounts and reports shall make appropriate entries to credit the state general fund in the amount of the state treasurer's purchase. In the event that the state finance council orders the issuance of any temporary cash flow certificate of indebtedness under authority of this act, the amount thereof shall be sufficient in the opinion of the state finance council to increase the resources of the state general fund such that such resources will be sufficient to meet the estimated expenditures and obligations from the state general fund in each month for the balance of such fiscal year. No interest shall accrue or be paid on any such temporary cash flow certificate of indebtedness. Not later than June 30 following the issuance of any such temporary cash flow certificate of indebtedness the pooled money investment board shall redeem such temporary cash flow certificate of indebtedness by issuing an order to the state treasurer to return such temporary cash flow certificate of indebtedness with the word ``canceled'' written across the same by the state treasurer, and thereupon the state treasurer and the director of accounts and reports shall make appropriate entries to reduce the balance of the state general fund by the amount specified in such temporary cash flow certificate of indebtedness and restore the same to the state moneys available for investment in accordance with the provisions of article 42 of chapter 75 of Kansas Statutes Annotated, and amendments thereto. (b) Whenever it appears that the estimated resources for any fiscal year in the state general fund are suf- ficient to meet in full the estimated expenditures and obligations from such fund for such fiscal year and in addition to redeem any outstanding temporary cash flow certificates of indebtedness issued pursuant to sub- section (a), but that the estimated resources in the state general fund, including the amount of any outstanding temporary cash flow certificate of indebtedness, in any month or months of such fiscal year are insufficient to meet in full the estimated expenditures and obligations for such month or months as the same become due, the state finance council may direct the pooled money investment board to issue another temporary cash flow certificate of indebtedness. The issuance and redemption of any temporary cash flow certificate of indebtedness issued under this subsection (b) shall be governed by the provisions of subsection (a). Sec. 3. K.S.A. 1996 Supp. 75-6702 is hereby amended to read as follows: 75-6702. (a) The last appropriation bill passed in any regular session of the legislature shall be the omnibus reconciliation spending limit bill. Each bill which is passed during a regular session of the legislature and which appropriates or transfers money from the state general fund for the ensuing fiscal year shall contain a provision that such bill shall take effect and be in force from and after the effective date of the omnibus reconciliation spending limit bill for that regular session of the legislature or from and after such effective date and a subsequent date or an event occurring after such effective date. (b) The maximum amount of expenditures and demand transfers from the state general fund that may be authorized by act of the legislature during the 1994 1997 regular session of the legislature and each regular session of the legislature thereafter, is hereby fixed so that there will be an ending balance in the state general fund for the ensuing fiscal year that is equal to 71/2% or more of the total amount authorized to be expended or transferred by demand transfer from the state general fund in such fiscal year, except that on September 1, 1997, an amount equal to 46.67% of 71/2% of the currently authorized expenditures and demand transfers to be made from the state general fund in fiscal year 1998, as determined by the director of the budget, shall be transferred by the director of accounts and reports from the state general fund to the property tax reduction fund. (c) The maximum amount of expenditures and demand transfers from the state general fund that may be authorized by act of the legislature during the 1998 regular session of the legislature and each regular session of the legislature thereafter, is hereby fixed so that there will be an ending balance in the state general fund for the ensuing fiscal year that is equal to 4% or more of the total amount authorized to be expended or transferred by demand transfer from the state general fund in such fiscal year. New Sec. 4. There is hereby created in the state treasury the property tax reduction fund. Moneys credited to the property tax reduction fund shall be used for the purpose of reducing property taxes. No expenditures shall be made from this fund except upon specific authorization by an act of the legislature. Sec. 5. K.S.A. 75-4001 and K.S.A. 1996 Supp. 75-3725a and 75-6702 are hereby repealed. Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.