Section 92. Tax stabilization reserve fund  


Latest version.
  • 1. There is hereby established a
      fund  to  be  known  as  the  tax  stabilization  reserve  fund  for the
      stabilization of the revenues of the state derived from the taxes,  fees
      and  other  sources  required by law to be paid into the general fund of
      the state treasury.
        2. The aggregate amount disbursed from the  general  fund  during  the
      fiscal year shall constitute the norm for such fiscal year of the amount
      of  revenues  from  such  taxes,  fees  and  other sources, and the term
      "norm," as used in this section, shall mean such aggregate amount.
        3. At the close of each fiscal year any cash surplus remaining in  the
      general  fund  over  and  above  the  norm for such fiscal year shall be
      transferred from or  retained  in  such  fund  as  hereinafter  in  this
      subdivision   provided.   There   shall   be   transferred  to  the  tax
      stabilization reserve fund  all  of  such  surplus  moneys,  up  to  and
      including  an  amount equivalent to two-tenths of one per centum of such
      norm, unless such transfer would increase such reserve fund to an amount
      in excess of two per centum of the amount of the norm  for  such  fiscal
      year,  in  which  event such transfer shall be limited to such amount as
      will increase such reserve fund to such two per centum  limitation.  Any
      balance  of  such  surplus  moneys,  thereafter remaining in the general
      fund, shall be retained in such fund and be available for the  reduction
      of state taxes.
        4.  In  the  event  that  at the close of any fiscal year the receipts
      derived from the taxes, fees and other  sources,  required  to  be  paid
      during  such  fiscal  year into the general fund of the state shall fall
      below the norm for such fiscal year, there shall be transferred from the
      tax stabilization reserve fund to the general fund to  the  extent  that
      there  are  sufficient  moneys in the tax stabilization reserve fund, an
      amount equal to the difference between the norm and the amount  of  such
      receipts. If such transfer reduces the tax stabilization reserve fund to
      an amount less than two per centum of the norm for such fiscal year, the
      amount  so  transferred shall be repaid in cash prior to the computation
      and payment of any transfer to the fund pursuant to subdivision three of
      this section in not less than three equal annual installments within the
      period of six years or less next succeeding the date of  such  transfer;
      provided,  however,  that  if any such annual installment shall increase
      such reserve fund to an amount in excess of two per centum of the amount
      of the norm for the then current fiscal year, such installment shall  be
      limited  to  such  amount as will increase such reserve fund to such two
      per centum limitation and no further repayment of the whole or any  part
      of  such  transfer  shall  be  required  in  any subsequent fiscal year.
      Repayments to the tax stabilization reserve fund shall be stipulated  in
      annual budget bills.
        5.  Moneys  in  the  tax stabilization reserve fund may be temporarily
      loaned to the general fund during any fiscal year in anticipation of the
      receipt of revenues from taxes, fees and other sources  required  to  be
      paid   into  the  general  fund  during  such  fiscal  year.  Moneys  so
      temporarily loaned shall be repaid in cash during the same  fiscal  year
      from  revenues  received from such taxes, fees and other sources as such
      revenues are  received,  to  the  extent  that  such  revenues  are  not
      necessary  for current expenditures required to be made from the general
      fund. In the event that any moneys so temporarily loaned  remain  unpaid
      at the close of the fiscal year, the amount so remaining unpaid shall be
      deemed a transfer from the tax stabilization reserve fund to the general
      fund  to the same extent as if such moneys were transferred at the close
      of the fiscal year pursuant to the provisions  of  subdivision  four  of
      this  section,  and  the  provisions of such subdivision as to repayment
    
      shall control. Temporary loans  pursuant  to  this  paragraph  shall  be
      without interest.