§ 22-4-26-5 — Use of money from federal unemployment trust fund; appropriations

(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. 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);
(E) the state fiscal year beginning after June 30, 2007, and
ending before July 1, 2008, five million dollars ($5,000,000);
and
(F) state fiscal years beginning after June 30, 2008, and ending
before July 1, 2012, the unused part of any amount allocated in
any year for any purpose under this subsection;
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);
and
(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; P.L.234-2007,
SEC.68; P.L.3-2008, SEC.160; P.L.205-2013, SEC.337.