44-716. Employment security administration fund.

44-716

Chapter 44.--LABOR AND INDUSTRIES
Article 7.--EMPLOYMENT SECURITY LAW

      44-716.   Employment security administration fund.(a) Special fund. There is hereby created in the state treasury aspecial fund to be known as the employment security administration fund.All moneys in this fund which are received from the federal governmentor any agency thereof, except money received pursuant to subsection (d)of K.S.A. 44-712, and amendments thereto, shall beexpendedsolely for the purposes and in the amounts found necessary by theUnited States secretary of labor for the proper and efficientadministration ofthisact. The fund shall consist of all moneys appropriated by this state andall moneys received from the United States of America, or any agencythereof, including the federal security agency, the railroad retirementboard, and any proceeds realized from the sale or disposition of anyequipment or supplies which may no longer be necessary for the properadministration of this act, or from any other source, for such purposes,except that moneys received from the railroad retirement board or fromany other state as compensation for services or facilities supplied tothe board shall be paid into this fund on the same basis asexpenditures are made for such service or facilities from such fund. Allmoneys in this fund shall be deposited, administered, and disbursed, inthe same manner and under the same conditions and requirements as isprovided by law for other special funds in the state treasury. Allbalances accrued from unpaid or canceled warrants issued pursuant tothis section, notwithstanding the provisions of K.S.A. 10-812, andamendments thereto, shallremain in the employment security administration fund, and be disbursedin accordance with the provisions of this act relating to such account.Notwithstanding any provision of this section, all money requisitionedand deposited in this fund pursuant to subsection (d) of K.S.A. 44-712,and amendments thereto, shall remain part of theemployment security administration fund and shall be used only inaccordance with the conditions specified in subsection (d) of K.S.A.44-712, and amendments thereto.

      (b)   Appropriations. There shall be appropriated to theemployment security administration fund, from any moneys in the statetreasury not otherwise appropriated, the sum necessary to match theamount as may be provided and granted to this state under the provisionsof the act of congress entitled "an act to provide for theestablishment of a national employment system and for cooperation withstates in the promotion of such system, and for other purposes,"approved June 6, 1933 (48 Stat. 113; U.S.C., title 29, sec. 49 (cl) asamended). Pursuant to an estimate by the secretary oflabor ofthe amount of money required during the ensuing calendar quarter fromthe sums appropriated, such amount shall be credited to theadministration fund at the beginning of each quarter, and additionalamounts may be credited by special request of the secretary of labor. Thedirector of accounts and reports is herebyauthorized anddirected to draw warrants upon the treasurer of the state for theamounts appropriated upon vouchers approved by the secretary of labor.

      (c)   Reimbursement of fund. This state recognizes its obligationto replace, and hereby pledges the faith of this state that funds willbe provided in the future, and applied to the replacement of, any moneysreceived after July 1, 1941, from the federal security agency undertitle III of the social security act, pursuant to the provisions ofsection 303 (a) 8 and 9 of the social security act, as amended, whichthe federal security administrator finds have, because of any action orcontingency, been lost or have been expended for purposes other than, orin amounts in excess of, those found necessary by the federal securityadministrator to the proper administration of this act. Such moneysshall be promptly replaced by moneys appropriated for such purpose fromthe general funds of this state to the employment securityadministration fund for expenditures as provided in subsection (a) ofthis section. The secretary of labor shallpromptly report tothe governor, to the legislature, the amount required for suchreplacement. In the event that section 303 (a) 8 and 9of the socialsecurity act is repealed or held inoperative for any reason whatsoeverthen this paragraph shall be null and void.

      History:   L. 1937, ch. 255, § 16; L. 1939, ch. 214, § 7;L. 1941, ch. 264, § 13; L. 1947, ch. 291, § 9; L. 1949, ch. 288,§ 11;L. 1957, ch. 296, § 3; L. 1965, ch. 86, § 2; L. 1976, ch. 370,§ 71;L. 2004, ch. 179, § 67; July 1.