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8 LONG TITLE
9 Committee Note:
10 The Workforce Services and Community and Economic Development Interim
11 Committee recommended this bill.
12 General Description:
13 This bill modifies the Employment Security Act by requiring the Department of
14 Workforce Services to develop a cost allocation plan when funds from the Special
15 Administrative Expense Account are used for certain purposes.
16 Highlighted Provisions:
17 This bill:
18 . requires the Department of Workforce Services to develop a cost allocation plan
19 that complies with Department of Labor regulations when funds from the Special
20 Administrative Expense Account are used for purposes unrelated to the
21 administration of the unemployment insurance program; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 35A-4-506, as last amended by Laws of Utah 2011, Chapters 297 and 303
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 35A-4-506 is amended to read:
33 35A-4-506. Special Administrative Expense Account.
34 (1) There is created a restricted account within the General Fund known as the "Special
35 Administrative Expense Account."
36 (2) (a) Interest and penalties collected under this chapter, less refunds made under
37 Subsection 35A-4-306 (5), shall be paid into the restricted account from the clearing account of
38 the restricted account at the end of each calendar month.
39 (b) A contribution to the restricted account and any other money received for that
40 purpose shall be paid into the restricted account.
41 (c) The money in the restricted account may not be expended in any manner that would
42 permit [
43 the absence of the money be available to finance expenditures for the administration of this
45 (3) Nothing in this section shall prevent the money from being used as a revolving fund
46 to cover expenditures, necessary and proper under this chapter, for which federal funds have
47 been duly requested but not yet received subject to the charging of those expenditures against
48 the funds when received.
49 (4) [
50 deposited, administered, and dispersed in accordance with the directions of the Legislature.
51 (5) [
52 available to replace, within a reasonable time, any money received by this state under Section
53 302 of the [
54 of contingency [
55 amounts in excess of those necessary for the proper administration of this chapter.
56 (6) If money in the restricted account is used for a purpose unrelated to the
57 administration of the unemployment compensation program as described in Subsection
58 303(a)(8) of the Social Security Act, 42 U.S.C. 503 (a)(8), as amended, the division shall
59 develop and follow a cost allocation plan in compliance with United States Department of
60 Labor regulations, including the cost principles described in 29 C.F.R. 97.22(b) and 2 C.F.R.
61 Part 225.
63 expenditure in accordance with this section.
65 duly authorized agent in accordance with [
68 for the faithful performance of the treasurer's duties in connection with the Special
69 Administrative Expense Account [
70 (b) Liability on the official bond [
71 separate bond [
72 in the future.
73 (c) Any money recovered on any surety bond losses sustained by the Special
74 Administrative Expense Account shall be deposited in the restricted account or in the General
75 Fund if [
Legislative Review Note
as of 11-17-11 9:03 AM