CHAPTER 218

SB 143-FN – FINAL VERSION

03/07/13 0522s

2013 SESSION

13-0939

08/05

SENATE BILL 143-FN

AN ACT relative to benefits for unemployed persons who are attempting to establish a business.

SPONSORS: Sen. Larsen, Dist 15; Sen. Woodburn, Dist 1; Sen. Watters, Dist 4; Sen. Pierce, Dist 5; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Gilmour, Dist 12; Sen. Lasky, Dist 13; Sen. Fuller Clark, Dist 21; Sen. D'Allesandro, Dist 20; Sen. Odell, Dist 8; Sen. Soucy, Dist 18; Sen. Boutin, Dist 16; Rep. Butler, Carr 7; Rep. Goley, Hills 8

COMMITTEE: Commerce

ANALYSIS

This bill establishes a self-employment assistance program in the department of employment security to pay benefits to unemployed persons who are attempting to establish a business.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/13 0522s

13-0939

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to benefits for unemployed persons who are attempting to establish a business.

Be it Enacted by the Senate and House of Representatives in General Court convened:

218:1 New Subdivision; Self-Employment Assistance Program. Amend RSA 282-A by inserting after section 31-f the following new subdivision:

Self-Employment Assistance Program

282-A:31-g Definitions. In the subdivision:

I. “Commissioner” means the commissioner of the department of employment security.

II. “Department” means the department of employment security.

III. “Self-employment assistance activities” means activities approved by the commissioner in which an individual participates for the purpose of establishing a business and becoming self-employed. “Self-employment assistance activities” shall include entrepreneurial training, business counseling, and technical assistance.

IV. “Self-employment assistance allowance” means an allowance payable, in lieu of regular benefits, from the unemployment compensation trust fund to an individual who meets the requirements of this subdivision.

V. “Self-employment assistance program” means a program under which an individual who meets the requirements of RSA 282-A:31-h, II is eligible to receive an allowance in lieu of regular benefits for the purpose of assisting that individual in establishing a business and becoming self-employed.

VI. “Regular benefits” means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees and to former members of the United States Armed Forces pursuant to the United States Code, Chapter 85, other than additional benefits, extended benefits, and extended benefits for dislocated workers.

282-A:31-h Self-Employment Assistance Program.

I. There shall be in the department of employment security, a self-employment assistance program. Participants in the self-employment assistance program shall receive an allowance in lieu of regular benefits so long as participants meet the conditions established by this subdivision.

II. An individual may receive a self-employment assistance allowance if that individual:

(a) Is eligible to receive regular benefits or would be eligible to receive regular benefits except as provided in paragraph V;

(b) Is identified by a worker profiling system as an individual likely to exhaust regular benefits;

(c) Has filed an application for participation in a self-employment assistance program within 60 days of filing an initial application for regular benefits and has provided such information as the commissioner may prescribe;

(d) Has, at the time the application is filed, a balance of regular benefits equal to at least 18 times the individual's weekly benefit amount and at least 18 weeks remaining in the individual's benefit year;

(e) Has been accepted into a program approved by the commissioner that will provide self-employment assistance activities;

(f) Is participating in self-employment assistance activities;

(g) Is actively engaged on a full-time basis in activities, which may include training, related to establishing a business and becoming self-employed; and

(h) Has filed a weekly claim for the self-employment assistance allowance and provided the information the commissioner prescribes.

III. The weekly amount of a self-employment assistance allowance payable to an individual under this section shall be equal to the weekly benefit amount for regular benefits otherwise payable under RSA 282-A:25.

IV. The sum of the self-employment assistance allowance paid under this section, and regular benefits paid under this chapter may not exceed the maximum amount of benefits established under RSA 282-A:25 of this chapter with respect to any benefit year.

V. Unemployment assistance shall be payable to participants in the self-employment assistance program at the same interval, on the same terms, and subject to the same conditions as regular benefits except that:

(a) The requirements of this chapter relating to availability for work and active search for work shall not be applicable to the participant.

(b) The requirements of this chapter relating to refusal to accept work shall not be applicable to the participant.

(c) The requirements of this chapter relating to disqualifying income shall not be applicable to income earned from self-employment by the participant.

(d) A participant who meets the requirements of this section shall be considered unemployed for the purposes of this chapter.

(e) A participant who fails to participate in self-employment assistance activities or who fails to actively engage on a full-time basis in activities, which may include training related to establishing a business and becoming self-employed, shall be denied benefits for the week the failure occurs.

VI. The aggregate number of individuals participating in the self-employment assistance program at any time may not exceed 2.5 percent of the number of individuals receiving regular benefits at that time.

VII. Self-employment assistance allowances shall be charged to the unemployment trust fund established in RSA 282-A:103.

VIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

(a) Procedures for application to the self-employment assistance program.

(b) The definition of self-employment activities and self-employment assistance activities.

(c) Procedures for filing weekly claims for assistance while participating in the self-employment assistance program.

(d) Any other matters that may require rules under the provisions of this subdivision.

IX. The commissioner may terminate a participant’s self-employment assistance allowance when the commissioner deems it appropriate.

218:2 Effective Date. This act shall take effect July 1, 2013.

Approved: July 11, 2013

Effective Date: July 1, 2013