§383-123  Withdrawals; administrative use. 
(a)  Withdrawals.  Moneys requisitioned from the State's account in the
unemployment trust fund shall be used exclusively for the payment of benefits
and 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 of
the Social Security Act, as amended, shall be used exclusively as provided in
subsection (b).  The director of finance shall from time to time, with the
approval of the department of labor and industrial relations in accordance with
rules prescribed by the comptroller of the State, requisition from the
unemployment trust fund such amounts, not exceeding the amount in the State's
account, as it deems necessary for the payment of benefits and refunds of
contributions for a reasonable future period.  The moneys shall be deposited in
the benefit account.  Expenditures of such moneys in the benefit account and
refunds from the clearing account shall not be subject to any provisions of law
requiring specific appropriations or other formal release by state officers of
moneys in their custody.  All benefits and refunds of contributions shall be
paid from the fund upon warrants drawn upon the director of finance by the
comptroller of the State supported by vouchers approved by the department.  Any
balance of moneys requisitioned from the unemployment trust fund which remains
unclaimed or unpaid in the benefit account after the expiration of the period
for which the sums were requisitioned shall either be deducted from estimates
for, and may be utilized for the payment of, benefits and refunds during
succeeding periods, or, in the discretion of the department, shall be
redeposited with the Secretary of the Treasury of the United States, to the
credit of this State's account in the unemployment trust fund, as provided in
section 383-122.



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



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



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



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



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



The appropriation, obligation, and expenditure
or other disposition of moneys appropriated under this subsection shall be
accounted for in accordance with standards established by the United States
Secretary of Labor.  Moneys appropriated for the payment of expenses of
administration pursuant to this subsection shall be requisitioned as needed for
the payment of obligations incurred under the law appropriating the moneys and,
upon requisition, shall be deposited in the employment security administration
fund from which the payments shall be made.  Moneys so deposited, until
expended, shall remain a part of the unemployment compensation fund and, if not
expended within one week after withdrawn from the unemployment trust fund,
shall be returned at the earliest practical date to the Secretary of the
Treasury of the United States for credit to this State's account in the
unemployment trust fund.



(c)  Notwithstanding subsection (b), moneys
credited to the State's account in federal fiscal years ending in 2000, 2001,
and 2002 shall be used solely for the administration of the unemployment
compensation program and are not subject to the specific appropriation
requirements of subsection (b), except that moneys credited in calendar year
2002 with respect to P.L. 107-147 shall not be subject to the conditions of
this subsection or the two‑year limitation requirement specified in
subsection (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 1959
2d, c 1, §§14, 27; am L 1963, c 114, §1; am L 1966, c 5, §2; HRS §383-123; am L
1971, 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]