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) 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.
2. 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withdrawn from the trust fund must be excluded from the unemployment fund balance.
3. 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Security Act [42 U.S.C. 1103], as amended, may not be withdrawn or used except for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.
4. 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.
