Workforce Initiatives Fund

(1) As used in this section, "fund" means the Workforce Initiatives Fund created in Subsection (2). (2) There is created an expendable special revenue fund known as the "Workforce Initiatives Fund." (3) The fund consists of: (a) except as provided in Subsection (7), interest and penalties collected under this chapter, less refunds made under Subsection 35A-4-306(5); (b) money requisitioned under Section 35A-4-507; (c) gifts, grants, donations, contributions, or any other conveyance of money that may be made to the fund from public or private sources; and (d) interest and earnings on fund money. (4) The state treasurer shall: (a) invest money in the fund in accordance with Title 51, Chapter 7, State Money Management Act; and (b) deposit interest and earnings derived from investing fund money into the fund. (5) Subject to Subsection (6), the department may expend money in the fund: (a) for the administration of this title; (b) to establish reserves for the state program created under Title 31A, Chapter 38, Federal Health Care Tax Credit Program Act, in accordance with Subsection 31A-38-104(1)(b); (c) to cover the costs of programs or initiatives implemented by the department for workforce development; (d) for a purpose which supports the department, employers, or workforce initiatives; and (e) for programs that reinvest in the workforce. (6) (a) Money in the fund shall be made available to replace, within a reasonable time, any money received by this state under Section 302 of the Social Security Act, 42 U.S.C. Sec. 502, as amended, that because of any action of contingency has been lost or has been expended for purposes other than or in amounts in excess of those necessary for the proper administration of this chapter. (b) If the department expends money in the fund for a purpose unrelated to the administration of the unemployment compensation program as described in Subsection 303(a)(8) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the division shall develop and follow a cost allocation plan in compliance with United States Department of Labor regulations, including the cost principles described in 29 C.F.R. Sec. 97.22(b) and 2 C.F.R. Part 225. (7) In accordance with Subsection 303(a)(11) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the department shall deposit 15% of civil penalties collected for fraud under Subsection 35A-4-405(5)(c)(i) into the Unemployment Compensation Fund established in Section 35A-4-501.