North Carolina § 96-5 - Employment Security Administration Fund.

§ 96-5. Employment Security Administration Fund.

Fund Established. -. The Employment Security Administration Fund is created as a special revenue fund. The fund consists of the following: Monies appropriated by this State. Monies received from the United States or another source for the administration of this Chapter. Monies received from any agency of the United States or any other state as compensation for services or facilities supplied to the agency or state. Monies received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from monies in the fund. Proceeds realized from the sale or disposition of equipment or supplies purchased from monies in the fund. Use of Fund. - Monies in the Employment Security Administration Fund may be used by the Division only to administer this Chapter. Monies received in the fund from a source other than an appropriation by the General Assembly are appropriated for the purpose of administering this Chapter. The Secretary is authorized to requisition and receive from the State's account in the Unemployment Trust Fund any monies standing to the State's credit that are permitted by federal law to be used for administering this Chapter and to expend the monies for this purpose, without regard to a determination of necessity by a federal agency. Repealed by Session Laws 2013-2, s. 1(a), effective July 1, 2013. Repealed by Session Laws 2004-124, s. 13.7B(b), effective July 20, 2004. through (g) Repealed by Session Laws 2013-2, s. 1(a), effective July 1, 2013. History (Ex. Sess. 1936, c. 1, s. 13; 1941, c. 108, ss. 12, 13; 1947, c. 326, s. 5; c. 598, s. 1; 1949, c. 424, s. 2; 1951, c. 332, s. 18; 1953, c. 401, ss. 1, 5; 1977, c. 727, ss. 11-13; 1981, c. 160, s. 2; 1987, c. 17, ss. 1, 2; 1991, c. 689, s. 142; 1991, Ex. Sess., c. 6, s. 1; 1995 (Reg. Sess., 1996), c. 608, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 26.6; 2004-124, s. 13.7B(b); 2005-276, s. 6.37(h); 2006-203, s. 22; 2011-401, s. 2.4; 2013-2, s. 1(a), (b); 2013-224, s. 19.) Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 608, s. 3 was codified as subsection (c1) at the direction of the Revisor of Statutes. Session Laws 1995, c. 507, s. 8.5(g) and s. 25.9(d) and 1995, 2nd Ex. Sess., c. 18, s. 26.9 made appropriations from the Worker Training Trust Fund to the General Assembly. Session Laws 1995, c. 507, s. 25.9(b) made appropriations from the Special Employment Security Administration Fund to the Employment Security Commission of North Carolina. Session Laws 1997-443, s. 16(a), as amended by Session Laws 1998-212, s. 15.6A, made appropriations from the Worker Training Trust Fund to the Employment Security Commission of North Carolina. Session Laws 1997-443, s. 16(b), as amended by Session Laws 1998-212, s. 15.6A, made appropriations from the Worker Training Trust Fund to various agencies. Session Laws 1997-443, s. 16.3, made appropriations from the Special Employment Security Administration Fund to the Employment Security commission of North Carolina. Session Laws 1999-237, s. 16.12(a) made appropriations from the Special Employment Security Fund to the Employment Security Commission of North Carolina. Session Laws 1999-237, s. 16.14(a), as amended by Session Laws 2000-67, s. 14.4 made appropriations from the Worker Training Trust Fund to the Employment Security Commission. Session Laws 1999-237, s. 16.14(b), as amended by Session Laws 2000-67, s. 14.4 made appropriations from the Worker Training Trust Fund to various agencies. Session Laws 2001-424, s. 20.6(b) made appropriations for the 2001-2002 fiscal year to various agencies. Session Laws 2002-126, s. 13.3(b) made appropriations from the Worker Training Trust Fund to various agencies. Session Laws 2003-284, s. 12.6(b) made appropriations for the 2003-2004 fiscal year to various agencies. Session Laws 2004-124, s. 137B(f) made appropriations for the 2004-2005 fiscal year to the Community College System Office. Session Laws 2005-276, s. 6.37(w), provides: "The Office of State Budget and Management shall develop a methodology for computing the actual costs of collection of civil penalties by State departments and agencies. This methodology shall apply to all State departments and agencies, effective July 1, 2006." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2013-2, s. 11, as amended by Session Laws 2013-224, s. 19, which rewrote this section, provides: "This act becomes effective July 1, 2013. Changes made by this act to unemployment benefits apply to claims for benefits filed on or after June 30, 2013. The requirements of G.S. 96-15(a1) apply to any week of an attached claim filed on or after June 30, 2013. Changes made by this act to require an account balance by an employer that is a governmental entity or a nonprofit organization and that elects to finance benefits by making reimbursable payments in lieu of contributions apply to advance payments payable for calendar quarters beginning on or after July 1, 2013. Changes made by this act to the determination and application of the contribution rate apply to contributions payable for calendar quarters beginning on or after January 1, 2014." At the direction of the Revisor of Statutes, the spelling of the word "moneys" was changed to "monies" everywhere it appears in this section. Effect of Amendments. - Session Laws 2004-124, s. 13.7B(b), effective July 20, 2004, repealed subsection (c1). Session Laws 2005-276, s. 6.37(h), effective July 1, 2005, in subsection (c), in the second sentence, deleted "and penalties" following "interest" and in the fifth sentence, inserted "of Chapter 163 ." Session Laws 2011-401, s. 2.4, effective November 1, 2011, rewrote the section. Session Laws 2013-2, s. 1(a), (b), rewrote the section. For effective date and applicability, see Editor's note. Legal Periodicals. - For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997).