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The 191st General Court of the Commonwealth of Massachusetts

Section 58: Employment security administration account; monies received; disposition

Section 58. (a) There is hereby created the employment security administration account, hereinafter called the account, to consist of all moneys

(1) Appropriated by the commonwealth for the administration of this chapter or for said account, including such money as may be made available by the commonwealth for its state employment service;

(2) Received under this chapter or under federal laws which are designated for the administration of this chapter or for said account, including such money as may be alloted to the commonwealth under the Wagner-Peyser Act, so called, or under Title III of the Social Security Act, so called;

(3) Received from any agency for services or facilities supplied;

(4) Received or recovered on any surety bond or from other source for losses sustained in connection with the account or by reason of damage to equipment and supplies;

(5) Realized from sale of equipment or supplies no longer necessary for proper administration.

(b) The account shall be kept and accounted for by the state treasurer in the same manner as other moneys of the commonwealth, except that its annual balance shall be carried forward and shall remain continuously available to the director solely for the purposes herein specified.

(c) Effective July first, nineteen hundred and forty-one, all moneys received by the commonwealth under Title III of the Federal Social Security Act shall be expended solely for the purpose and in the amounts found necessary by the Federal Social Security Board for the proper and efficient administration of the employment security or unemployment compensation law of this commonwealth.

(d) If any moneys received after June thirtieth, nineteen hundred and forty-one from the United States Treasury under Title III of the Social Security Act, as amended, any unencumbered balances in the unemployment compensation administration account created by section forty-two of chapter one hundred and fifty-one A as then in effect, or any moneys granted after said date to this commonwealth pursuant to the provisions of the Wagner-Peyser Act, are found by the Secretary of Labor, because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those found necessary by said Secretary of Labor for the proper administration of the commonwealth's employment security law, the commonwealth shall replace such money from the contingent fund and to the extent that moneys in the contingent fund are insufficient for this purpose, replace such moneys by funds appropriated for this purpose from the general revenue of the commonwealth to the employment security administration account for expenditures as provided by law. Upon receipt of notice of such finding by said Secretary of Labor, the commissioner shall promptly report the amount required for such replacement, as determined pursuant to the provisions of this subsection, to the governor who shall include said amount in the next budget for expenditures of the commonwealth, or by message to the general court request the inclusion of such amount in the next general or in a special appropriation bill. This section shall not be construed to relieve the commonwealth of its obligation with respect to unexpended balances on hand July first, nineteen hundred and forty-one received pursuant to the provisions of said Title III.

(e) The provisions of subsections (c) and (d) of this section shall become inoperative in the event of repeal by congress of provisions contained in sections three hundred and three (a)(8) and three hundred and three (a)(9) of the Social Security Act.

(f) This section shall not be construed as exempting the department of employment and training from any provisions of the general laws or of the constitution applicable to administrative divisions of the commonwealth.

(g) Funds from this account shall be used to support the administration and operation of this chapter, and shall be used by the department of workforce development for the space, personnel and infrastructure required to maintain walk-in services, including the provision of general information, application assistance, claims information and orientation under this chapter.