§383-123  Withdrawals; administrative use. (a)  Withdrawals.  Moneys requisitioned from the State's account in theunemployment trust fund shall be used exclusively for the payment of benefitsand for refunds of contributions pursuant to section 383-76 and section [383-7(a)(6)],except that moneys credited to this State's account pursuant to section 903 ofthe Social Security Act, as amended, shall be used exclusively as provided insubsection (b).  The director of finance shall from time to time, with theapproval of the department of labor and industrial relations in accordance withrules prescribed by the comptroller of the State, requisition from theunemployment trust fund such amounts, not exceeding the amount in the State'saccount, as it deems necessary for the payment of benefits and refunds ofcontributions for a reasonable future period.  The moneys shall be deposited inthe benefit account.  Expenditures of such moneys in the benefit account andrefunds from the clearing account shall not be subject to any provisions of lawrequiring specific appropriations or other formal release by state officers ofmoneys in their custody.  All benefits and refunds of contributions shall bepaid from the fund upon warrants drawn upon the director of finance by thecomptroller of the State supported by vouchers approved by the department.  Anybalance of moneys requisitioned from the unemployment trust fund which remainsunclaimed or unpaid in the benefit account after the expiration of the periodfor which the sums were requisitioned shall either be deducted from estimatesfor, and may be utilized for the payment of, benefits and refunds duringsucceeding periods, or, in the discretion of the department, shall beredeposited with the Secretary of the Treasury of the United States, to thecredit of this State's account in the unemployment trust fund, as provided insection 383-122.

(b)  Administrative use.  Moneys credited tothe account of this State in the unemployment trust fund by the Secretary ofthe Treasury of the United States pursuant to section 903 of the SocialSecurity Act, as amended, may be requisitioned and used for the payment ofbenefits and for the payment of expenses incurred for the administration ofthis State's unemployment compensation law and public employment officespursuant to a specific appropriation of the legislature; provided that theexpenses are incurred and the money is requisitioned after the enactment of anappropriation law that:

(1)  Specifies the purposes for which the moneys areappropriated and the amounts appropriated therefor;

(2)  Limits the period within which the moneys may beobligated to a period ending not more than two years after the date of theenactment of the appropriation law; and

(3)  Limits the amount that may be obligated to anamount that does not exceed the amount by which the aggregate of the amountscredited to the account of this State pursuant to section 903 of the SocialSecurity Act, as amended, exceeds the aggregate of the amounts obligatedpursuant to this subsection and charged against the amounts credited to theaccount of this State.

Moneys credited to the account of this Statepursuant to section 903 of the Social Security Act, as amended, may not bewithdrawn or used except for the payment of benefits and for the payment ofexpenses for the administration of this chapter pursuant to this subsection.

The appropriation, obligation, and expenditureor other disposition of moneys appropriated under this subsection shall beaccounted for in accordance with standards established by the United StatesSecretary of Labor.  Moneys appropriated for the payment of expenses ofadministration pursuant to this subsection shall be requisitioned as needed forthe payment of obligations incurred under the law appropriating the moneys and,upon requisition, shall be deposited in the employment security administrationfund from which the payments shall be made.  Moneys so deposited, untilexpended, shall remain a part of the unemployment compensation fund and, if notexpended within one week after withdrawn from the unemployment trust fund,shall be returned at the earliest practical date to the Secretary of theTreasury of the United States for credit to this State's account in theunemployment trust fund.

(c)  Notwithstanding subsection (b), moneyscredited to the State's account in federal fiscal years ending in 2000, 2001,and 2002 shall be used solely for the administration of the unemploymentcompensation program and are not subject to the specific appropriationrequirements of subsection (b), except that moneys credited in calendar year2002 with respect to P.L. 107-147 shall not be subject to the conditions ofthis subsection or the two‑year limitation requirement specified insubsection (b). [L 1939, c 219, §9(c); am L 1941, c 304, §1, subs 30; RL 1945,§4265; RL 1955, §93-122; am L 1957, c 145, §1(b) and c 152, §1; am L Sp 19592d, c 1, §§14, 27; am L 1963, c 114, §1; am L 1966, c 5, §2; HRS §383-123; am L1971, c 187, §12; am L 1973, c 4, §1; am L 1984, c 14, §1; am L 1987, c 119,§7; am L 2001, c 112, §1; am L 2005, c 249, §2; am L 2006, c 190, §§2, 3]