Creation; use of funds
Sec. 1. (a) There is created in the state treasury a special fund to
be known as the special employment and training services fund. All
interest on delinquent contributions and penalties collected under this
article, together with any voluntary contributions tendered as a
contribution to this fund, shall be paid into this fund. The money
shall not be expended or available for expenditure in any manner
which would permit their substitution for (or a corresponding
reduction in) federal funds which would in the absence of said
money be available to finance expenditures for the administration of
this article, but nothing in this section shall prevent said money from
being used as a revolving fund to cover expenditures necessary and
proper under the law for which federal funds have been duly
requested but not yet received, subject to the charging of such
expenditures against such funds when received. The money in this
fund shall be used by the board for the payment of refunds of interest
on delinquent contributions and penalties so collected, for the
payment of costs of administration which are found not to have been
properly and validly chargeable against federal grants or other funds
received for or in the employment and training services
administration fund, on and after July 1, 1945. Such money shall be
available either to satisfy the obligations incurred by the board
directly, or by transfer by the board of the required amount from the
special employment and training services fund to the employment
and training services administration fund. No expenditure of this
fund shall be made unless and until the board finds that no other
funds are available or can properly be used to finance such
expenditures, except that expenditures from said fund may be made
for the purpose of acquiring lands and buildings or for the erection
of buildings on lands so acquired which are deemed necessary by the
board for the proper administration of this article. The board shall
order the transfer of such funds or the payment of any such
obligation or expenditure and such funds shall be paid by the
treasurer of state on requisition drawn by the board directing the
auditor of state to issue the auditor's warrant therefor. Any such
warrant shall be drawn by the state auditor based upon vouchers
certified by the board or the commissioner. The money in this fund
is hereby specifically made available to replace within a reasonable
time any money received by this state pursuant to 42 U.S.C. 502, as
amended, which, because of any action or contingency, has been lost
or has been expended for purposes other than or in amounts in excess
of those approved by the bureau of employment security. The money
in this fund shall be continuously available to the board for
expenditures in accordance with the provisions of this section and
shall not lapse at any time or be transferred to any other fund, except
as provided in this article. Nothing in this section shall be construed
to limit, alter, or amend the liability of the state assumed and created
by IC 22-4-28, or to change the procedure prescribed in IC 22-4-28
for the satisfaction of such liability, except to the extent that such
liability may be satisfied by and out of the funds of such special
employment and training services fund created by this section.
(b) The board, subject to the approval of the budget agency and
governor, is authorized and empowered to use all or any part of the
funds in the special employment and training services fund for the
purpose of acquiring suitable office space for the department by way
of purchase, lease, contract, or in any part thereof to purchase land
and erect thereon such buildings as the board determines necessary
or to assist in financing the construction of any building erected by
the state or any of its agencies wherein available space will be
provided for the department under lease or contract between the
department and the state or such other agency. The commissioner
may transfer from the employment and training services
administration fund to the special employment and training services
fund amounts not exceeding funds specifically available to the
commissioner for that purpose equivalent to the fair, reasonable
rental value of any land and buildings acquired for its use until such
time as the full amount of the purchase price of such land and
buildings and such cost of repair and maintenance thereof as was
expended from the special employment and training services fund
has been returned to such fund.
(c) The board may also transfer from the employment and training
services administration fund to the special employment and training
services fund amounts not exceeding funds specifically available to
the commissioner for that purpose equivalent to the fair, reasonable
rental value of space used by the department in any building erected
by the state or any of its agencies until such time as the department's
proportionate amount of the purchase price of such building and the
department's proportionate amount of such cost of repair and
maintenance thereof as was expended from the special employment
and training services fund has been returned to such fund.
(d) Whenever the balance in the special employment and training
services fund is deemed excessive by the board, the board shall order
payment into the unemployment insurance benefit fund of the
amount of the special employment and training services fund deemed
to be excessive.
(e) Subject to the approval of the board, the commissioner may
use not more than five million dollars ($5,000,000) during a program
year for training provided by the state educational institution
established under IC 20-12-61 to participants in joint labor and
management apprenticeship programs approved by the United States
Department of Labor's Bureau of Apprenticeship Training. Of the
money allocated for training programs under this subsection, fifty
percent (50%) is designated for industrial programs, and the
remaining fifty (50%) percent is designated for building trade
programs.
(f) The commissioner shall allocate an amount not to exceed four
hundred fifty thousand dollars ($450,000) annually for training and
counseling assistance under IC 22-4-14-2 provided by state
educational institutions (as defined in IC 20-12-0.5-1) or counseling
provided by the department of workforce development for
individuals who:
(1) have been unemployed for at least four (4) weeks;
(2) are not otherwise eligible for training and counseling
assistance under any other program; and
(3) are not participating in programs that duplicate those
programs described in subsection (e).
Training or counseling provided under IC 22-4-14-2 does not excuse
the claimant from complying with the requirements of IC 22-4-14-3.
Eligibility for training and counseling assistance under this
subsection shall not be determined until after the fourth week of
eligibility forunemployment training compensation benefits. The
training and counseling assistance programs funded by this
subsection must be approved by the United States Department of
Labor's Bureau of Apprenticeship Training.
(Formerly: Acts 1947, c.208, s.2601; Acts 1955, c.317, s.12; Acts
1963, c.373, s.1; Acts 1967, c.310, s.22.) As amended by
P.L.144-1986, SEC.122; P.L.18-1987, SEC.67; P.L.105-1994,
SEC.3; P.L.21-1995, SEC.105; P.L.163-1997, SEC.1; P.L.52-1998,
SEC.1; P.L.179-1999, SEC.4; P.L.290-2001, SEC.20; P.L.273-2003,
SEC.7; P.L.202-2005, SEC.5.
Last modified: May 27, 2006