Text: S05337 Text: S05339 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN
1 1 Amend Senate File 2350 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 96.3A SELF-EMPLOYMENT
1 5 ASSISTANCE PROGRAM.
1 6 1. DEFINITIONS. As used in this section, unless
1 7 the context otherwise requires:
1 8 a. "Self-employment assistance activities" means
1 9 activities approved by the commissioner in which an
1 10 individual participates for the purpose of
1 11 establishing a business and becoming self-employed.
1 12 "Self-employment assistance activities" includes, but
1 13 is not limited to, entrepreneurial training, business
1 14 counseling, and technical assistance.
1 15 b. "Self-employment assistance allowance" means an
1 16 allowance payable, in lieu of regular benefits, from
1 17 the unemployment compensation fund established in
1 18 section 96.9 to an individual who meets the
1 19 requirements of this section.
1 20 2. AMOUNT OF SELF-EMPLOYMENT ASSISTANCE ALLOWANCE.
1 21 The weekly allowance payable under this section to an
1 22 individual shall be equal to the weekly benefit amount
1 23 for regular benefits otherwise payable pursuant to
1 24 section 96.3. The maximum total amount of regular
1 25 benefits and self-employment assistance allowances
1 26 payable to an eligible individual during a benefit
1 27 year shall, notwithstanding the maximum benefits as
1 28 established by section 96.3, subsection 5, not exceed
1 29 the lesser of the total of the wage credits accrued in
1 30 the individual's account during the base period or
1 31 twenty times the individual's weekly benefit amount.
1 32 3. ELIGIBILITY. The following eligibility
1 33 requirements apply to the payment of a self-employment
1 34 assistance allowance under this section.
1 35 a. An individual may receive a self-employment
1 36 assistance allowance if the following requirements are
1 37 met:
1 38 (1) The individual is eligible to receive regular
1 39 benefits or would be eligible to receive regular
1 40 benefits except for the requirements described in
1 41 paragraph "b".
1 42 (2) The individual is identified by a worker
1 43 profiling system as an individual likely to exhaust
1 44 regular benefits.
1 45 (3) The individual has filed an application for
1 46 participation in the self-employment assistance
1 47 program within sixty days of filing an initial
1 48 application for regular benefits and has provided the
1 49 information the commissioner may prescribe.
1 50 (4) The individual is still eligible for, at the
2 1 time the application is filed, regular benefits equal
2 2 to at least eighteen times the individual's weekly
2 3 benefits amount and at least eighteen weeks remain in
2 4 the individual's benefit year.
2 5 (5) The individual has been accepted into and is
2 6 participating full-time in self-employment assistance
2 7 activities.
2 8 (6) The individual has filed a weekly claim for
2 9 the self-employment assistance allowance and provides
2 10 the information the commissioner prescribes, including
2 11 a log of self-employment activities.
2 12 (7) The individual has not previously participated
2 13 in a self-employment assistance program.
2 14 (8) The individual seeks to become self-employed
2 15 through participation in the self-employment
2 16 assistance program and receipt of the self-employment
2 17 assistance allowance under this section in an
2 18 occupation or business for which the commission has
2 19 determined there is a demand in the market.
2 20 (9) The individual seeks to become self-employed
2 21 through participation in the self-employment
2 22 assistance program and receipt of the self-employment
2 23 assistance allowance under this section in an
2 24 occupation or business that does not compete with any
2 25 business or service offered to the public by either
2 26 the employer who most recently employed the individual
2 27 prior to the individual filing the application for
2 28 participation in the self-employment assistance
2 29 program or any employer from whom the individual
2 30 received wage credits in the individual's base period.
2 31 b. A self-employment assistance allowance is
2 32 payable to an individual at the same interval, on the
2 33 same terms, and subject to the same conditions as
2 34 regular benefits except for the following:
2 35 (1) The requirements of this chapter relating to
2 36 availability for work and active search for work are
2 37 not applicable to the individual.
2 38 (2) The requirements of this chapter relating to
2 39 refusal to accept work are not applicable to the
2 40 individual.
2 41 (3) The requirements of this chapter relating to
2 42 self-employment income are not applicable to the
2 43 individual.
2 44 (4) An individual who meets the requirements of
2 45 this section shall be considered to be totally
2 46 unemployed.
2 47 (5) An individual who fails to participate in
2 48 self-employment assistance activities or who fails to
2 49 actively engage on a full-time basis in activities,
2 50 which may include training, related to establishing a
3 1 business and becoming self-employed shall be
3 2 disqualified for the week the failure occurs. If an
3 3 individual is disqualified under this subparagraph for
3 4 two consecutive weeks or for any three weeks while
3 5 participating in the self-employment assistance
3 6 program, the individual shall be removed from the
3 7 program and disqualified from receiving any benefits
3 8 under this chapter until the individual has
3 9 requalified as provided in this section.
3 10 c. An individual who has received a self-
3 11 employment assistance allowance under this section
3 12 shall be disqualified for benefits under this chapter
3 13 once the individual has left or been removed from the
3 14 self-employment assistance program, including the
3 15 situation when an individual has left the program upon
3 16 receiving the maximum total of payments under
3 17 subsection 2, until the individual has worked in and
3 18 been paid wages for insured work equal to ten times
3 19 the individual's weekly benefit amount after having
3 20 left or been removed from the program, and provided
3 21 the individual is otherwise eligible.
3 22 4. LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING A
3 23 SELF-EMPLOYMENT ASSISTANCE ALLOWANCE. The number of
3 24 individuals receiving a self-employment assistance
3 25 allowance at any time shall not exceed five per cent
3 26 of the number of individuals receiving regular
3 27 benefits at that time.
3 28 5. FINANCING. Self-employment assistance
3 29 allowances paid pursuant to this section shall be
3 30 charged to employers as provided under section 96.7
3 31 relating to the charging of regular benefits.
3 32 6. EFFECTIVE DATE AND TERMINATION DATE. This
3 33 section is effective for the weeks beginning on or
3 34 after the effective date of this Act or beginning on
3 35 or after the date any plan providing for a self-
3 36 employment assistance program required by the United
3 37 States department of labor is approved, whichever date
3 38 is later. This section is void as of the end of the
3 39 week preceding the date when federal law no longer
3 40 authorizes the provision of a self-employment
3 41 assistance program, unless the date is a Saturday, in
3 42 which case this section is void as of that date, or
3 43 July 1, 1998, whichever occurs first.
3 44 Sec. 2. Section 96.6, subsection 2, Code
3 45 Supplement 1995, is amended to read as follows:
3 46 2. INITIAL DETERMINATION. A representative
3 47 designated by the commissioner shall promptly notify
3 48 all interested parties, including all employers
3 49 identified in section 96.3A, subsection 3, paragraph
3 50 "a", subparagraph (9), to the claim of its filing, and
4 1 the parties have ten days from the date of mailing the
4 2 notice of the filing of the claim by ordinary mail to
4 3 the last known address to protest payment of benefits
4 4 to the claimant. The representative shall promptly
4 5 examine the claim and any protest, take the initiative
4 6 to ascertain relevant information concerning the
4 7 claim, and, on the basis of the facts found by the
4 8 representative, shall determine whether or not the
4 9 claim is valid, the week with respect to which
4 10 benefits shall commence, the weekly benefit amount
4 11 payable and its maximum duration, and whether any
4 12 disqualification shall be imposed. The claimant has
4 13 the burden of proving that the claimant meets the
4 14 basic eligibility conditions of section 96.3A or 96.4.
4 15 The employer has the burden of proving that the
4 16 claimant is disqualified for benefits pursuant to
4 17 section 96.5. However, the claimant has the initial
4 18 burden to produce evidence showing that the claimant
4 19 is not disqualified for benefits in cases involving
4 20 section 96.5, subsection 1, paragraphs "a" through
4 21 "h", and subsection 10. Unless the claimant or other
4 22 interested party, after notification or within ten
4 23 calendar days after notification was mailed to the
4 24 claimant's last known address, files an appeal from
4 25 the decision, the decision is final and benefits shall
4 26 be paid or denied in accordance with the decision. If
4 27 an administrative law judge affirms a decision of the
4 28 representative, or the appeal board affirms a decision
4 29 of the administrative law judge allowing benefits, the
4 30 benefits shall be paid regardless of any appeal which
4 31 is thereafter taken, but if the decision is finally
4 32 reversed, no employer's account shall be charged with
4 33 benefits so paid and this relief from charges shall
4 34 apply to both contributory and reimbursable employers,
4 35 notwithstanding section 96.8, subsection 5."
4 36 #2. Title page, by striking lines 1 through 4 and
4 37 inserting the following: "An Act establishing a self-
4 38 employment assistance program and providing an
4 39 effective date and a termination date."
4 40
4 41
4 42
4 43 ROBERT DVORSKY
4 44 SF 2350.301 76
4 45 ec/cf
Text: S05337 Text: S05339 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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