N.Y. Labor Law § 551: Unemployment administration fund

§ 551. Unemployment administration fund. 1. Purpose. The unemployment

administration fund shall be continued. It shall consist of all moneys

received by the state or the commissioner for the administration of this

article. Such fund shall be handled by the commissioner of taxation and

finance and state comptroller as other state moneys are handled; but it

shall be expended solely for the administration of this article; and its

balance shall not lapse at any time but shall remain continuously

available to the commissioner for expenditures consistent herewith. All

federal moneys allotted or apportioned to the state by any agency of the

United States for the administration of this article shall be paid into

the unemployment administration fund, except that moneys received from

the federal railroad retirement board as compensation for services or

facilities supplied to such agency shall be paid into the unemployment

administration fund or the special "employment service account" thereof,

in the same proportion in which expenditures are made for such services

or facilities from such fund and account. A special "employment service

account" of funds received by the state in accordance with the

provisions of the Wagner-Peyser act shall be maintained as a part of

such fund. All moneys allotted or apportioned to the state by any agency

of the United States, for the administration of this article, paid into

the unemployment administration fund, shall be expended solely for the

purpose and in the amounts found necessary by such agency for the proper

and efficient administration of this article.

2. Replacements from the special fund or general state funds. If any

moneys received after June thirtieth, nineteen hundred forty-one, from

the United States pursuant to the provisions of the federal social

security act, or any unencumbered balances in the unemployment

administration fund as of that date, or any moneys granted to this state

pursuant to the provisions of the Wagner-Peyser act, or any moneys made

available by this state or its political subdivisions and matched by

such moneys granted to this state pursuant to the provisions of the

Wagner-Peyser act, are found by the appropriate agency of the United

States because of any action or contingency, to have been lost or

expended for the purposes other than, or in amounts in excess of, those

found necessary by such agency for the proper administration of this

article, it is the policy of this state that such moneys shall be

replaced by moneys to be transferred from the special fund or

appropriated for such purpose from the general funds of this state to

the unemployment administration fund for expenditure as provided

hereunder, but, for the purposes of this subdivision, such moneys shall

not include any amount determined by such agency to have been expended

in accordance with rules, standards, instructions, limitations,

regulations, or other action by such agency, applicable to such amount

and prescribed by it prior to the expenditure thereof. Upon receipt of

notice of such finding by such agency, the commissioner shall, with the

approval of the director of the budget, direct the transfer of the

necessary moneys from the special fund into the unemployment

administration fund. If the moneys available in the special fund are not

sufficient for this purpose, the commissioner shall promptly report the

additional amount required for such replacement to the governor and the

governor shall, at the earliest opportunity, submit to the legislature a

request for the appropriation of such amount.

The provisions of this subdivision shall not be construed to require

the replacement of any amount disbursed for the payment of expenses in

relation to the operation of public employment offices by the federal

government provided the liability resulting in such expenditures has

been incurred in accordance with the request or with the approval of a

duly authorized agency or official of the federal government.

3. Payment of administrative expenses. The total amount of expenses

incurred by the commissioner in connection with the administration of

this article and such proportion of the total expenses of maintaining

the public employment offices as established under this chapter and for

the purposes of this article, as shall be determined to be necessary and

required by the provisions of this article and so certified by the

commissioner, shall, upon audit by the comptroller, be disbursed from

the unemployment administration fund. Annually, as soon as practicable

after April first, the commissioner and the comptroller shall ascertain

the total amount of such expenses incurred during the preceding fiscal

year. An itemized statement of the total expenses so ascertained shall

be open to public inspection in the office of the commissioner after

notice in an official publication of the department. All disbursements

from such fund shall be made by the commissioner of taxation and finance

on the warrant of the comptroller.