Use of money from federal unemployment trust fund;
appropriations
Sec. 5. (a) Money credited to the account of this state in the
unemployment trust fund by the Secretary of the Treasury of the
United States pursuant to 42 U.S.C. 1103, as amended, may be
requisitioned and used for the payment of expenses incurred for the
administration of this article and public employment offices pursuant
to a specific appropriation by the general assembly, provided that the
expenses are incurred and the money is requisitioned after the
enactment of an appropriation statute which:
(1) specifies the purposes for which such money is appropriated
and the amounts appropriated therefor;
(2) except as provided in subsection (i), limits the period within
which such money may be obligated to a period ending not
more than two (2) years after the date of the enactment of the
appropriation statute; and
(3) limits the total amount which may be obligated during a
twelve (12) month period beginning on July 1 and ending on the
next June 30 to an amount which does not exceed the amount
by which:
(A) the aggregate of the amounts credited to the account of
this state pursuant to 42 U.S.C. 1103, as amended, during
such twelve (12) month period and the twenty-four (24)
preceding twelve (12) month periods; exceeds
(B) the aggregate of the amounts obligated by this state
pursuant to this section and amounts paid out for benefits
and charged against the amounts credited to the account of
this state during such twenty-five (25) twelve (12) month
periods.
(b) For the purposes of this section, amounts obligated by this
state during any such twelve (12) month period shall be charged
against equivalent amounts which were first credited and which have
not previously been so charged, except that no amount obligated for
administration of this article and public employment offices during
any such twelve (12) month period may be charged against any
amount credited during such twelve (12) month period earlier than
the fourteenth preceding such twelve (12) month period.
(c) Amounts credited to the account of this state pursuant to 42
U.S.C. 1103, as amended, may not be obligated except for the
payment of cash benefits to individuals with respect to their
unemployment and for the payment of expenses incurred for the
administration of this article and public employment offices pursuant
to this section.
(d) Money appropriated as provided in this section for the
payment of expenses incurred for the administration of this article
and public employment offices pursuant to this section shall be
requisitioned as needed for payment of obligations incurred under
such appropriation and upon requisition shall be deposited in the
employment and training services administration fund but, until
expended, shall remain a part of the unemployment insurance benefit
fund. The commissioner shall maintain a separate record of the
deposit, obligation, expenditure, and return of funds so deposited. If
any money so deposited is for any reason not to be expended for the
purpose for which it was appropriated, or if it remains unexpended
at the end of the period specified by the statute appropriating such
money, it shall be withdrawn and returned to the Secretary of the
Treasury of the United States for credit to this state's account in the
unemployment trust fund.
(e) There is appropriated out of the funds made available to
Indiana under Section 903 of the Social Security Act, as amended by
Section 209 of the Temporary Extended Unemployment
Compensation Act of 2002 (which is Title II of the federal Jobs
Creation and Worker Assistance Act of 2002, Pub.L107-147),
seventy-two million two hundred thousand dollars ($72,200,000) to
the department of workforce development. The appropriation made
by this subsection is available for ten (10) state fiscal years
beginning with the state fiscal year beginning July 1, 2003.
Unencumbered money at the end of a state fiscal year does not revert
to the state general fund.
(f) Money appropriated under subsection (e) is subject to the
requirements of IC 22-4-37-1.
(g) Money appropriated under subsection (e) may be used only for
the following purposes:
(1) The administration of the Unemployment Insurance (UI)
program and the Wagner Peyser public employment office
program.
(2) Acquiring land and erecting buildings for the use of the
department of workforce development.
(3) Improvements, facilities, paving, landscaping, and
equipment repair and maintenance that may be required by the
department of workforce development.
(h) In accordance with the requirements of subsection (g), the
department of workforce development may allocate up to the
following amounts from the amount described in subsection (e) for
the following purposes:
(1) Thirty-nine million two hundred thousand dollars
($39,200,000) to be used for the modernization of the
Unemployment Insurance (UI) system beginning July 1, 2003,
and ending June 30, 2013.
(2) For:
(A) the state fiscal year beginning after June 30, 2003, and
ending before July 1, 2004, five million dollars
($5,000,000);
(B) the state fiscal year beginning after June 30, 2004, and
ending before July 1, 2005, five million dollars
($5,000,000);
(C) the state fiscal year beginning after June 30, 2005, and
ending before July 1, 2006, five million dollars
($5,000,000);
(D) the state fiscal year beginning after June 30, 2006, and
ending before July 1, 2007, five million dollars
($5,000,000); and
(E) the state fiscal year beginning after June 30, 2007, and
ending before July 1, 2008, five million dollars
($5,000,000);
for the JOBS proposal to meet the workforce needs of Indiana
employers in high wage, high skill, high demand occupations.
(3) For:
(A) the state fiscal year beginning after June 30, 2003, and
ending before July 1, 2004, four million dollars
($4,000,000);
(B) the state fiscal year beginning after June 30, 2004, and
ending before July 1, 2005, four million dollars
($4,000,000);
to be used by the workforce investment boards in the
administration of Indiana's public employment offices.
(i) The amount appropriated under subsection (e) for the payment
of expenses incurred in the administration of this article and public
employment is not required to be obligated within the two (2) year
period described in subsection (a)(2).
(Formerly: Acts 1947, c.208, s.2705; Acts 1957, c.299, s.10; Acts
1965, c.190, s.15; Acts 1969, c.300, s.6; Acts 1973, P.L.239, SEC.6.)
As amended by P.L.144-1986, SEC.126; P.L.18-1987, SEC.72;
P.L.21-1995, SEC.108; P.L.224-2003, SEC.120.
Last modified: May 27, 2006