§ 54-27-23 — Cash flow financing

North Dakota § 54-27-23

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-27: Fiscal Administration

Text

In order to effectively meet the cyclical cash flow needs of state government, the office of
management and budget upon approval of the emergency commission is hereby authorized to
issue certificates in anticipation of revenue, notes, or bonds, to special funds on deposit in the
state treasury. Any issue of such certificates, notes, or bonds must be approved by the
emergency commission and are to be used for cash flow financing only, and not to offset
projected deficits in state finances unless first approved by the legislative assembly or the
budget section if the legislative assembly is not in session. The budget section may approve
additional cash flow financing not to exceed eighty percent of estimated general fund revenues
relating to sales or production occurring prior to June thirtieth, to be collected in July and August
after the end of the biennium. Such additional cash flow financing is only effective for sixty days
unless an extension or reapproval is received from the legislative assembly or the budget
section if the legislative assembly is not in session. Any request considered by the budget
section must comply with section 54-35-02.9. If a revenue shortfall of greater than five percent
occurs, the office of management and budget shall order budget allotments under section
54-44.1-12 prior to approval by the legislative assembly or the budget section of such additional
cash flow financing. It is the intent of the legislative assembly that all borrowing must be repaid
by the end of the biennium. The terms of any specific issue of such certificates, notes, or bonds
may not exceed one hundred eighty days from the date of issuance whereupon the principal
and interest on the certificates, notes, or bonds must be paid in full from the state general fund
or from another issue of a similar nature. All principal and interest on such issues made during a
biennial period must be repaid in full at the close of the biennial period from the state general
fund. When certificates, notes, or bonds are issued for cash flow purposes to funds which
otherwise would be invested, with the investment income accruing to the special fund, the
certificate must bear an investment rate of return which must be agreed upon by the state
investment board, and must be at a level commensurate with the yield to be reasonably
expected by such fund if invested in alternate securities.