Section 551. Unemployment administration fund  


Latest version.
  • 1. Purpose. The unemployment
      administration fund shall be continued. It shall consist of  all  moneys
      received by the state or the commissioner for the administration of this
      article.  Such fund shall be handled by the commissioner of taxation and
      finance and state comptroller as other state moneys are handled; but  it
      shall be expended solely for the administration of this article; and its
      balance  shall  not  lapse  at  any  time  but shall remain continuously
      available to the commissioner for expenditures consistent herewith.  All
      federal moneys allotted or apportioned to the state by any agency of the
      United  States for the administration of this article shall be paid into
      the unemployment administration fund, except that moneys  received  from
      the  federal  railroad  retirement board as compensation for services or
      facilities supplied to such agency shall be paid into  the  unemployment
      administration fund or the special "employment service account" thereof,
      in  the same proportion in which expenditures are made for such services
      or facilities from such fund and account. A special "employment  service
      account"  of  funds  received  by  the  state  in  accordance  with  the
      provisions of the Wagner-Peyser act shall be maintained  as  a  part  of
      such fund. All moneys allotted or apportioned to the state by any agency
      of  the United States, for the administration of this article, paid into
      the unemployment administration fund, shall be expended solely  for  the
      purpose and in the amounts found necessary by such agency for the proper
      and efficient administration of this article.
        2.  Replacements  from the special fund or general state funds. If any
      moneys received after June thirtieth, nineteen hundred  forty-one,  from
      the  United  States  pursuant  to  the  provisions of the federal social
      security  act,  or  any  unencumbered  balances  in   the   unemployment
      administration fund as of that date, or any moneys granted to this state
      pursuant  to the provisions of the Wagner-Peyser act, or any moneys made
      available by this state or its political  subdivisions  and  matched  by
      such  moneys  granted  to  this  state pursuant to the provisions of the
      Wagner-Peyser act, are found by the appropriate  agency  of  the  United
      States  because  of  any  action  or  contingency,  to have been lost or
      expended for the purposes other than, or in amounts in excess of,  those
      found  necessary  by  such  agency for the proper administration of this
      article, it is the policy of  this  state  that  such  moneys  shall  be
      replaced   by  moneys  to  be  transferred  from  the  special  fund  or
      appropriated for such purpose from the general funds of  this  state  to
      the   unemployment  administration  fund  for  expenditure  as  provided
      hereunder, but, for the purposes of this subdivision, such moneys  shall
      not  include  any amount determined by such agency to have been expended
      in  accordance  with  rules,   standards,   instructions,   limitations,
      regulations,  or  other action by such agency, applicable to such amount
      and prescribed by it prior to the expenditure thereof. Upon  receipt  of
      notice  of such finding by such agency, the commissioner shall, with the
      approval of the director of the  budget,  direct  the  transfer  of  the
      necessary   moneys   from   the   special  fund  into  the  unemployment
      administration fund. If the moneys available in the special fund are not
      sufficient for this purpose, the commissioner shall promptly report  the
      additional  amount required for such replacement to the governor and the
      governor shall, at the earliest opportunity, submit to the legislature a
      request for the appropriation of such amount.
        The provisions of this subdivision shall not be construed  to  require
      the  replacement  of any amount disbursed for the payment of expenses in
      relation to the operation of public employment offices  by  the  federal
      government  provided  the  liability  resulting in such expenditures has
      been incurred in accordance with the request or with the approval  of  a
      duly authorized agency or official of the federal government.
    
        3.  Payment  of  administrative expenses. The total amount of expenses
      incurred by the commissioner in connection with  the  administration  of
      this  article  and  such proportion of the total expenses of maintaining
      the public employment offices as established under this chapter and  for
      the purposes of this article, as shall be determined to be necessary and
      required  by  the  provisions  of  this  article and so certified by the
      commissioner, shall, upon audit by the comptroller,  be  disbursed  from
      the  unemployment  administration fund. Annually, as soon as practicable
      after April first, the commissioner and the comptroller shall  ascertain
      the  total  amount of such expenses incurred during the preceding fiscal
      year. An itemized statement of the total expenses so  ascertained  shall
      be  open  to  public  inspection in the office of the commissioner after
      notice in an official publication of the department.  All  disbursements
      from such fund shall be made by the commissioner of taxation and finance
      on the warrant of the comptroller.