§ 8-421. Composition and use

   (a) Composition. -- The Special Administrative Expense Fund shall consist of money appropriated in the State budget from:

   (1) fines, interest, and other penalties collected under this title and paid from the clearing account under § 8-404(c) of this subtitle;

   (2) money transferred from the Unemployment Insurance Administration Fund under § 8-422 of this subtitle; and

   (3) any voluntary contribution to the Special Administrative Expense Fund.

(b) Use in general. --

   (1) Notwithstanding any other provision in this Part III of this subtitle, the Special Administrative Expense Fund may be used as a revolving account to cover costs that are proper under the law for which federal money is requested but not yet received, if the costs are charged against the federal money when received.

   (2) Subject to subsection (d) of this section, the Secretary:

      (i) shall use the Special Administrative Expense Fund for reimbursement of interest on contributions that is collected erroneously;

      (ii) shall use the Special Administrative Expense Fund to pay for costs of administration that are found to have been improperly charged against federal money credited to the Unemployment Insurance Administration Fund; and

      (iii) may use the Special Administrative Expense Fund:

         1. for replacement within a reasonable time of any money that the State receives under § 302 of the Social Security Act and that because of an action or contingency has been lost or has been used for purposes other than or in amounts exceeding those necessary for proper administration of this title; or

         2. for administrative expenses of the Division of Unemployment Insurance and Division of Workforce Development, in accordance with subsection (c) of this section.

(c) Use for administrative expenses. --

   (1) Subject to subsection (d) of this section, the Secretary may use the Special Administrative Expense Fund for administrative expenses necessary to administer this title.

   (2) Administrative expenses include:

      (i) expenses related to the acquisition of office space required for effective administration of this title, subject to approval by the Board of Public Works;

      (ii) costs for furnishing, maintenance, repair, improvement, and enhancement of office space;

      (iii) the purchase, leasing, and maintenance of information technology systems, including equipment, programs, and services;

      (iv) the purchase, leasing, and maintenance of telecommunications systems, services, and equipment including connectivity costs and ongoing usage costs; and

      (v) other administrative costs that the Secretary determines are necessary to administer solely the provisions of this title.

(d) Limitation on use. -- The Special Administrative Expense Fund may not be used in a manner that would result in a loss of federal money that, in the absence of money from the Special Administrative Expense Fund, would be available to pay for administrative costs of this title.

HISTORY: An. Code 1957, art. 95A, § 14, 20; 1991, ch. 8, § 2; 1999, ch. 34, § 8; 2006, ch. 527; 2008, ch. 36, § 6.