Chapter 032

2012 -- H 7563

Enacted 04/13/12

 

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--

BENEFITS

          

     Introduced By: Representatives Cimini, Hull, and Bennett

     Date Introduced: February 15, 2012

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 28-44-70 of the General Laws in Chapter 28-44 entitled

"Employment Security - Benefits" is hereby amended to read as follows:

 

     28-44-70. Entrepreneurial training assistance program. -- (a) Definitions. - As used in

this section, unless the context clearly requires otherwise:

      (1) "Entrepreneurial training assistance program" means a program administered by the

director under which an eligible individual may receive employment assistance allowances

pursuant to the provisions of this section.

      (2) "Employment assistance activities" means activities, including entrepreneurial

training, business counseling, and technical assistance, approved by the director in which an

individual identified through a worker profiling system as likely to exhaust regular benefits

participates for the purpose of establishing a business and become self-employed.

      (3) "Employment assistance allowance" means an allowance payable in lieu of regular

benefits from the fund or an allowance payable in lieu of emergency unemployment

compensation benefits to an individual participating in employment assistance activities who

meets the requirements of this section.

      (4) "Full-time basis" means that the individual is devoting such amount of time as is

customary to establish a business which will serve as a full-time occupation for that individual,

but in no case less than thirty-five (35) hours per week.

      (5) "Regular benefits" means benefits, including dependents' allowances, payable to an

individual under chapters 42 -- 44 of this title, or under any other state law, including benefits

payable to federal civilian employees and to ex-service persons pursuant to 5 U.S.C. section 8501

et seq., other than additional and extended benefits.

     (6) “Emergency unemployment compensation” means benefits, including dependents’

allowances, payable to an individual as authorized by the unemployment compensation extension

act of 2008 and in accordance with regulations established by the secretary of labor.

      (b) Eligibility requirements for employment assistance allowances. - Employment

assistance allowances shall be payable to an individual at the same interval, on the same terms,

and subject to the same conditions as regular benefits under chapters 42 -- 44 of this title, except

that:

      (1) The requirements of sections 28-44-12 and 28-44-20 relating to availability for work,

active search for work, and refusal to accept suitable work are not applicable to the individual;

      (2) The requirements of sections 28-42-3(25), 28-42-3(27) and 28-44-7 relating to

income are not applicable to income earned from self-employment by the individual;

      (3) An individual who meets the requirements of this section shall be considered to be

totally unemployed pursuant to section 28-42-3(27); and

      (4) An individual who fails to participate in employment assistance activities or who

fails to actively engage on a full-time basis in activities, which may include training, relating to

the establishment of a business and becoming self-employed or who fails to provide information

that the director requires shall be disqualified for the week the failure occurs and for each

subsequent week until the individual shows to the satisfaction of the director that the individual

meets the requirements of this section.

      (c) Amount of employment assistance allowance. - The weekly allowance payable under

this section to an individual shall be an amount equal to the weekly benefit amount, including

dependents' allowances, payable to the individual for a week of total unemployment during the

benefit year pursuant to section 28-44-6. The

     (1) For those individuals participating in the entrepreneurial training assistance program

while collecting regular benefits under chapter 42-44 of this title, the sum of the allowance paid

under this section and regular benefits paid under chapters 42 -- 44 of this title to an individual

with respect to any benefit year shall not exceed the maximum potential regular benefits,

including dependents' allowances, payable to that individual under chapters 42 -- 44 of this title

with respect to the benefit year.

     (2) For those individuals participating in the entrepreneurial training assistance program

while collecting emergency unemployment compensation benefits under the unemployment

compensation extension act of 2008, the allowance paid under this section to an individual, with

respect to any benefit year, shall not exceed an amount equal to twenty-six (26) times the

individual’s regular weekly benefit amount, including dependents’ allowances, payable to that

individual under chapter 42-44 of this title, with respect to the benefit year. Any individual who

chooses to terminate his or her participation in the entrepreneurial training assistance program, or

who has completed participation in the program, and who continues to meet the emergency

unemployment compensation eligibility requirements, shall be permitted to receive his or her

emergency unemployment compensation benefits with respect to subsequent weeks of

unemployment.

      (d) Termination from the entrepreneurial training assistance program. - The director may

terminate any individual from the entrepreneurial training assistance program who fails to meet

requirements of the program for three (3) or more weeks. Individuals who are terminated from or

voluntarily leave the entrepreneurial training assistance program may receive, if otherwise

eligible, regular benefits with respect to the benefit year; provided, that the total amount of

regular benefits and employment assistance allowances paid to the individual shall not exceed the

maximum potential regular benefits, including dependents' allowances, payable to that individual

under chapters 42 -- 44 of this title with respect to the benefit year.

      (e) Limitation on receipt of employment assistance allowances. – (1) The aggregate

number of individuals receiving employment assistance allowances under this section and under

the regular benefits program under chapter 42-44 of this title for any week shall not exceed five

percent (5.0%) of the total number of individuals receiving regular benefits under chapters 42 --

44 of this title for that week. The director shall, through regulations, prescribe any actions that are

necessary to assure the requirements of this subsection are met.

     (2) The aggregate number of individuals receiving employment assistance allowances

under this section and under the emergency unemployment compensation program for any week

shall not exceed one percent (1.0%) of the total number of individuals receiving emergency

unemployment compensation benefits.

     (3) The director shall, through regulations, prescribe any actions that are necessary to

assure the requirements of this subdivision are met.

      (f) Financing costs of employment assistance allowances. - Notwithstanding any

inconsistent provisions of chapters 42 -- 44 of this title, employment assistance allowances paid

pursuant to this section shall be paid with money drawn from the fund and the allowances shall be

charged in the same manner as provided for regular benefits paid under chapters 42 -- 44 of this

title. Allowances attributable to federal military or federal civilian service or paid under the

unemployment compensation extension act of 2008 shall be charged to the appropriate federal

account.

      (g) Effective date and termination date. - The provisions of this section shall apply to

weeks beginning after June 22, 1994, or to weeks beginning after any plan required by the United

States Department of Labor is approved by the department, whichever date is later; provided, that

nothing contained in this section shall be construed to require the director to operate an

entrepreneurial training assistance program as allowed under this section. The authority provided

by this section shall terminate:

      (1) As of the effective date of the withdrawal of approval of any plan required by the

United States Department of Labor; or

      (2) As of the week containing the date when federal law no longer authorizes the

provisions of this section.

 

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01421

=======