North Dakota § 52-03-07 - Administrative use

§ 52-03-07. Administrative use

1. 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 section 903 of the Social Security Act [42 U.S.C. 1103], as amended, may be requisitioned and used for the payment of expenses incurred for the administration of this law pursuant to a specific appropriation by the legislative assembly; provided, that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: a. Specifies the purposes for which money is appropriated and the amounts appropriated therefor; b. Limits the period within which such money may be expended to a period ending not more than two years after the date of the enactment of the appropriation law; and c. Limits the amount which may be used during a twelve-month period beginning on July first and ending on the next June thirtieth to an amount which does not exceed the amount by which: (1) 2. 3. 4. The aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act [42 U.S.C. 1103], as amended, during the same twelve-month period and the thirty-four preceding twelve-month periods, exceeds (2) The aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such thirty-five 12-month periods. For the purposes of this section, amounts used during any such twelve-month period must be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount used for administration during such twelve-month period may be charged against any amount credited during such a twelve-month period earlier than the thirty-fourth preceding such period. For the purpose of the provisions set forth in section 52-04-06, any amount credited to this state's account under section 903 of the Social Security Act [42 U.S.C. 1103], as amended, which has been appropriated for expenses of administration, whether or not withdrawn from the trust fund must be excluded from the unemployment fund balance. Money credited to the account of this state pursuant to section 903 of the Social Security Act [42 U.S.C. 1103], as amended, may not be withdrawn or used except for the payment of benefits and for the payment of expenses for the administration of sections 52-02-09, 52-03-01, 52-03-04, 52-03-07, and 52-03-08 and of public employment offices pursuant to this section. Notwithstanding this subsection, moneys credited with respect to federal fiscal years 2000, 2001, and 2002 must be used solely for the administration of the unemployment compensation program and the moneys are not otherwise subject to the requirements of subsection 1 when appropriated by the legislative assembly. Moneys are hereby appropriated for the federal fiscal years identified in this subsection for purposes of administration of the unemployment compensation program. Money requisitioned for the payment of expenses of administration pursuant to this section must be deposited in the job service administration fund, but, until expended, must remain a part of the unemployment compensation fund. The bureau 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 law appropriating such money, it must 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.