288.310. Special employment security fund--use of funds--amounts transferred between funds, when.

MISSOURI STATUTES AND CODES

288.310. Special employment security fund--use of funds--amounts transferred between funds, when.

Special employment security fund--use of funds--amounts transferredbetween funds, when.

288.310. 1. There is hereby created in the state treasury a specialfund to be known as the "Special Employment Security Fund". All interestand penalties collected under the provisions of this law, including moneyscollected pursuant to section 288.128 for the payment of interest due onfederal advances received pursuant to section 288.330, or subject toappropriation, or supplemental appropriation, by the general assembly,amounts received pursuant to the credit instrument and financing agreementrepayment surcharge pursuant to section 288.128 related to the payment ofprincipal, interest, and administrative expenses related to creditinstruments issued under section 288.330, or the payment of the principal,interest, and administrative expenses related to financial agreements undersubdivision (17) of subsection 2 of section 288.330, or the payment of theprincipal, interest, and administrative expenses related to a combinationof credit instruments and financial agreements shall be paid into thisfund. The moneys collected pursuant to section 288.128 shall be used forthe payment of interest due on federal advances received pursuant tosection 288.330. Amounts received pursuant to the credit instrument andfinancing agreement repayment surcharge pursuant to subsection 3 of section288.128 shall be used, following appropriation by the general assembly andexclusively for payment of principal, interest, and administrative expensesrelated to credit instruments issued under that section, or the payment ofprincipal, interest, and administrative expenses related to financialagreements under subdivision (17) of subsection 2 of section 288.330, orthe payment of the principal, interest, and administrative expenses relatedto a combination of credit instruments and financial agreements. Suchmoneys, except for moneys collected pursuant to section 288.128, shall notbe expended or available for expenditure in any manner which would permittheir substitution for, or a corresponding reduction in, federal fundswhich would in the absence of such money be available to financeexpenditures for the administration of the employment security law, butnothing in this section shall prevent such moneys, except for moneyscollected pursuant to section 288.128, from being used as a revolving fund,to cover expenditures, necessary and proper under the law, for whichfederal funds have been duly requested but not yet received, subject to thecharging of such expenditures against such funds when received. Subject tothe approval of the director of the department of labor and industrialrelations, the moneys in this fund, except for moneys collected pursuant tosection 288.128, shall be used by the department of labor and industrialrelations for the payment of costs of administration which are found not tohave been properly and validly chargeable against federal grants or otherfunds received for or in the unemployment compensation administration fund.Such moneys, except for moneys collected pursuant to section 288.128, shallbe available either to satisfy the obligations incurred by the departmentof labor and industrial relations for the division directly or byrequesting the board of fund commissioners to transfer the required amountfrom the special employment security fund to the unemployment compensationadministration fund. The board of fund commissioners shall upon receipt ofa written request of the department of labor and industrial relations makeany such transfer. No expenditures of this fund or transfer hereinprovided, except for moneys collected pursuant to section 288.128, shall bemade unless and until the director of the department of labor andindustrial relations finds that no other funds are available or canproperly be used to finance such expenditures, except that as hereinafterauthorized expenditures from such fund may be made for the purpose ofacquiring lands and buildings, or for the erection of buildings on lands soacquired, which are deemed necessary by the director of the department oflabor and industrial relations for the proper administration of this law.The director of the department of labor and industrial relations shallorder the transfer of such funds or the payment of any such obligation andsuch funds shall be paid by the state treasurer on requisitions drawn bythe director of the department of labor and industrial relations directingthe state auditor to issue his or her warrant therefor. Any such warrantshall be drawn by the state auditor based upon bills of particulars andvouchers certified by an officer or employee designated by the director ofthe department of labor and industrial relations. Such certification shallamong other things include a duly certified copy of the director of thedepartment of labor and industrial relations' findings hereinbeforereferred to. The moneys in this fund, except for moneys collected pursuantto section 288.128, are hereby specifically made available to replace,within a reasonable time, any moneys received by this state pursuant tosection 302 of the Federal Social Security Act (42 U.S.C.A. Sec. 502), asamended, which, because of any action or contingency, have been lost orhave been expended for purposes other than, or in amounts in excess of,those necessary for the proper administration of the employment securitylaw. The moneys in this fund shall be continuously available to thedirector of the department of labor and industrial relations forexpenditure in accordance with the provisions of this section and shall notlapse at any time or be transferred to any other fund except as hereinprovided.

2. The director of the department of labor and industrial relations,subject to the approval of the board of public buildings, is authorized andempowered to use all or any part of the funds in the special employmentsecurity fund, except for moneys collected pursuant to section 288.128, forthe purpose of acquiring suitable office space for the division by way ofpurchase, lease, contract or in any other manner, including the right touse such funds or any part thereof to purchase land and erect thereon suchbuildings as he or she shall deem necessary or to assist in financing theconstruction of any building erected by the state of Missouri or any of itsagencies wherein available space will be provided for the division underlease or contract between the department of labor and industrial relationsand the state of Missouri or such other agency. The director of thedepartment of labor and industrial relations may transfer from theunemployment compensation administration fund to the special employmentsecurity fund amounts not exceeding funds specifically available to thedepartment of labor and industrial relations for that purpose, equivalentto the fair reasonable rental value of any land and buildings acquired forits use until such time as the full amount of the purchase price of suchland and buildings and such cost of repair and maintenance thereof as wasexpended from the special employment security fund has been returned tosuch fund.

3. The director of the department of labor and industrial relationsmay also transfer from the unemployment compensation administration fund tothe special employment security fund amounts not exceeding fundsspecifically available to the department of labor and industrial relationsfor that purpose, equivalent to the fair reasonable rental value of spaceused by the department of labor and industrial relations in any buildingerected by the state of Missouri or any of its agencies until such time asthe department of labor and industrial relations' proportionate amount ofthe purchase price of such building and the department of labor andindustrial relations' proportionate amount of such costs of repair andmaintenance thereof as was expended from the special employment securityfund has been returned to such fund.