Missouri Revised Statutes
Chapter 288
Employment Security
←288.300
Section 288.310.1
288.320→
August 28, 2015
Special employment security fund--use of funds--amounts transferred between funds, when.
288.310. 1. There is hereby created in the state treasury a special fund
to be known as the "Special Employment Security Fund". All interest and
penalties collected under the provisions of this law, including moneys
collected pursuant to section 288.128 for the payment of interest due on
federal advances received pursuant to section 288.330, or subject to
appropriation, or supplemental appropriation, by the general assembly,
amounts received pursuant to the credit instrument and financing agreement
repayment surcharge pursuant to section 288.128 related to the payment of
principal, interest, and administrative expenses related to credit
instruments issued under section 288.330, or the payment of the principal,
interest, and administrative expenses related to financial agreements under
subdivision (17) of subsection 2 of section 288.330, or the payment of the
principal, interest, and administrative expenses related to a combination of
credit instruments and financial agreements shall be paid into this fund.
The moneys collected pursuant to section 288.128 shall be used for the
payment of interest due on federal advances received pursuant to section
288.330. Amounts received pursuant to the credit instrument and financing
agreement repayment surcharge pursuant to subsection 3 of section 288.128
shall be used, following appropriation by the general assembly and
exclusively for payment of principal, interest, and administrative expenses
related to credit instruments issued under that section, or the payment of
principal, interest, and administrative expenses related to financial
agreements under subdivision (17) of subsection 2 of section 288.330, or the
payment of the principal, interest, and administrative expenses related to a
combination of credit instruments and financial agreements. Such moneys,
except for moneys collected pursuant to section 288.128, shall not be
expended or available for expenditure in any manner which would permit their
substitution for, or a corresponding reduction in, federal funds which would
in the absence of such money be available to finance expenditures for the
administration of the employment security law, but nothing in this section
shall prevent such moneys, except for moneys collected pursuant to section
288.128, from being used as a revolving fund, to cover expenditures,
necessary and proper under the law, for which federal funds have been duly
requested but not yet received, subject to the charging of such expenditures
against such funds when received. Subject to the approval of the director of
the department of labor and industrial relations, the moneys in this fund,
except for moneys collected pursuant to section 288.128, shall be used by the
department of labor and industrial relations for the payment of costs of
administration which are found not to have been properly and validly
chargeable against federal grants or other funds received for or in the
unemployment compensation administration fund. Such moneys, except for
moneys collected pursuant to section 288.128, shall be available either to
satisfy the obligations incurred by the department of labor and industrial
relations for the division directly or by requesting the board of fund
commissioners to transfer the required amount from the special employment
security fund to the unemployment compensation administration fund. The board
of fund commissioners shall upon receipt of a written request of the
department of labor and industrial relations make any such transfer. No
expenditures of this fund or transfer herein provided, except for moneys
collected pursuant to section 288.128, shall be made unless and until the
director of the department of labor and industrial relations finds that no
other funds are available or can properly be used to finance such
expenditures, except that as hereinafter authorized expenditures from such
fund may be made for the purpose of acquiring lands and buildings, or for the
erection of buildings on lands so acquired, which are deemed necessary by the
director of the department of labor and industrial relations for the proper
administration of this law. The director of the department of labor and
industrial relations shall order the transfer of such funds or the payment of
any such obligation and such funds shall be paid by the state treasurer on
requisitions drawn by the director of the department of labor and industrial
relations directing the state auditor to issue his or her warrant therefor.
Any such warrant shall be drawn by the state auditor based upon bills of
particulars and vouchers certified by an officer or employee designated by
the director of the department of labor and industrial relations. Such
certification shall among other things include a duly certified copy of the
director of the department of labor and industrial relations' findings
hereinbefore referred to. The moneys in this fund, except for moneys
collected pursuant to section 288.128, are hereby specifically made available
to replace, within a reasonable time, any moneys received by this state
pursuant to section 302 of the Federal Social Security Act (42 U.S.C.A. Sec.
502), as amended, which, because of any action or contingency, have been lost
or have been expended for purposes other than, or in amounts in excess of,
those necessary for the proper administration of the employment security law.
The moneys in this fund shall be continuously available to the director of
the department of labor and industrial relations for expenditure in
accordance with the provisions of this section and shall not lapse at any
time or be transferred to any other fund except as herein provided.
2. The director of the department of labor and industrial relations,
subject to the approval of the board of public buildings, is authorized and
empowered to use all or any part of the funds in the special employment
security fund, except for moneys collected pursuant to section 288.128, for
the purpose of acquiring suitable office space for the division by way of
purchase, lease, contract or in any other manner, including the right to use
such funds or any part thereof to purchase land and erect thereon such
buildings as he or she shall deem necessary or to assist in financing the
construction of any building erected by the state of Missouri or any of its
agencies wherein available space will be provided for the division under
lease or contract between the department of labor and industrial relations
and the state of Missouri or such other agency. The director of the
department of labor and industrial relations may transfer from the
unemployment compensation administration fund to the special employment
security fund amounts not exceeding funds specifically available to the
department of labor and industrial relations for that purpose, equivalent to
the fair reasonable rental value of any land and buildings acquired for its
use until such time as the full amount of the purchase price of such land and
buildings and such cost of repair and maintenance thereof as was expended
from the special employment security fund has been returned to such fund.
3. The director of the department of labor and industrial relations may
also transfer from the unemployment compensation administration fund to the
special employment security fund amounts not exceeding funds specifically
available to the department of labor and industrial relations for that
purpose, equivalent to the fair reasonable rental value of space used by the
department of labor and industrial relations in any building erected by the
state of Missouri or any of its agencies until such time as the department of
labor and industrial relations' proportionate amount of the purchase price of
such building and the department of labor and industrial relations'
proportionate amount of such costs of repair and maintenance thereof as was
expended from the special employment security fund has been returned to such
fund.
(L. 1951 p. 564 § 288.210, A.L. 1982 H.B. 1521, A.L. 1994 S.B. 559,
A.L. 1995 H.B. 300 & 95, A.L. 2004 H.B. 1268 & 1211)
Effective 7-01-04
1995
1995
288.310. 1. There is hereby created in the state treasury a special
fund to be known as the "Special Employment Security Fund". All interest
and penalties collected under the provisions of this law, including moneys
collected pursuant to section 288.128 for the payment of interest due on
federal advances received pursuant to section 288.330, shall be paid into
this fund. The moneys collected pursuant to section 288.128 shall be used
exclusively for the payment of interest due on federal advances received
pursuant to section 288.330. Such moneys, except for moneys collected
pursuant to section 288.128, shall not be expended or available for
expenditure in any manner which would permit their substitution for, or a
corresponding reduction in, federal funds which would in the absence of
such money be available to finance expenditures for the administration of
the employment security law, but nothing in this section shall prevent such
moneys, except for moneys collected pursuant to section 288.128, from being
used as a revolving fund, to cover expenditures, necessary and proper under
the law, for which federal funds have been duly requested but not yet
received, subject to the charging of such expenditures against such funds
when received. Subject to the approval of the director of the department
of labor and industrial relations, the moneys in this fund, except for
moneys collected pursuant to section 288.128, shall be used by the
department of labor and industrial relations for the payment of costs of
administration which are found not to have been properly and validly
chargeable against federal grants or other funds received for or in the
unemployment compensation administration fund. Such moneys, except for
moneys collected pursuant to section 288.128, shall be available either to
satisfy the obligations incurred by the department of labor and industrial
relations for the division directly or by requesting the board of fund
commissioners to transfer the required amount from the special employment
security fund to the unemployment compensation administration fund. The
board of fund commissioners shall upon receipt of a written request of the
department of labor and industrial relations make any such transfer. No
expenditures of this fund or transfer herein provided, except for moneys
collected pursuant to section 288.128, shall be made unless and until the
director of the department of labor and industrial relations finds that no
other funds are available or can properly be used to finance such
expenditures, except that as hereinafter authorized expenditures from such
fund may be made for the purpose of acquiring lands and buildings, or for
the erection of buildings on lands so acquired, which are deemed necessary
by the director of the department of labor and industrial relations for the
proper administration of this law. The director of the department of labor
and industrial relations shall order the transfer of such funds or the
payment of any such obligation and such funds shall be paid by the state
treasurer on requisitions drawn by the director of the department of labor
and industrial relations directing the state auditor to issue his or her
warrant therefor. Any such warrant shall be drawn by the state auditor
based upon bills of particulars and vouchers certified by an officer or
employee designated by the director of the department of labor and
industrial relations. Such certification shall among other things include
a duly certified copy of the director of the department of labor and
industrial relations' findings hereinbefore referred to. The moneys in
this fund, except for moneys collected pursuant to section 288.128, are
hereby specifically made available to replace, within a reasonable time,
any moneys received by this state pursuant to section 302 of the Federal
Social Security Act (42 U.S.C.A. Sec. 502), as amended, which, because of
any action or contingency, have been lost or have been expended for
purposes other than, or in amounts in excess of, those necessary for the
proper administration of the employment security law. The moneys in this
fund shall be continuously available to the director of the department of
labor and industrial relations for expenditure in accordance with the
provisions of this section and shall not lapse at any time or be
transferred to any other fund except as herein provided.
2. The director of the department of labor and industrial relations,
subject to the approval of the board of public buildings, is authorized and
empowered to use all or any part of the funds in the special employment
security fund, except for moneys collected pursuant to section 288.128, for
the purpose of acquiring suitable office space for the division by way of
purchase, lease, contract or in any other manner, including the right to
use such funds or any part thereof to purchase land and erect thereon such
buildings as he or she shall deem necessary or to assist in financing the
construction of any building erected by the state of Missouri or any of its
agencies wherein available space will be provided for the division under
lease or contract between the department of labor and industrial relations
and the state of Missouri or such other agency. The director of the
department of labor and industrial relations may transfer from the
unemployment compensation administration fund to the special employment
security fund amounts not exceeding funds specifically available to the
department of labor and industrial relations for that purpose, equivalent
to the fair reasonable rental value of any land and buildings acquired for
its use until such time as the full amount of the purchase price of such
land and buildings and such cost of repair and maintenance thereof as was
expended from the special employment security fund has been returned to
such fund.
3. The director of the department of labor and industrial relations
may also transfer from the unemployment compensation administration fund to
the special employment security fund amounts not exceeding funds
specifically available to the department of labor and industrial relations
for that purpose, equivalent to the fair reasonable rental value of space
used by the department of labor and industrial relations in any building
erected by the state of Missouri or any of its agencies until such time as
the department of labor and industrial relations' proportionate amount of
the purchase price of such building and the department of labor and
industrial relations' proportionate amount of such costs of repair and
maintenance thereof as was expended from the special employment security
fund has been returned to such fund.
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