HOUSE OF REPRESENTATIVES

H.B. NO.

2024

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to employment security.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 383, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§383-     Self-employment assistance; eligibility; amounts payable; rules.  (a)  An individual identified under department rules as likely to exhaust regular benefits before finding employment may receive the self-employment assistance allowance pursuant to this section in lieu of regular benefits.  Self-employment assistance allowance amounts shall be paid from the fund.

     (b)  The weekly amount of the self-employment assistance allowance payable to an individual shall be equal to the weekly benefit amount under section 383-22.  The sum of the self-employment assistance allowance and the regular benefits paid under this chapter with respect to any benefit year shall not exceed the maximum benefit amount payable under section 383-24 with respect to that benefit year.

     (c)  The self-employment assistance allowance shall be payable to an individual at the same intervals and on the same terms and conditions as regular benefits; provided that:

     (1)  Any provision of this chapter regarding being available for work, actively seeking work, or refusing to accept suitable work shall not apply to the individual;

     (2)  Any provision of this chapter reducing the amount of benefits due to remuneration for services performed during a period of employment shall not apply to income earned from self-employment by the individual;

     (3)  An individual participating in self-employment assistance activities shall be considered to be unemployed; and

     (4)  An individual who fails to participate in self-employment assistance activities or who fails actively to engage on a full-time basis in establishing a business and becoming self-employed shall be ineligible to receive the self-employment assistance allowance for each week in which the failure occurs.

     (d)  The number of individuals receiving the self-employment assistance allowance at any time shall not exceed five per cent of the number of individuals receiving regular benefits.

     (e)  The self-employment assistance allowance shall be charged to employers in the manner provided in this chapter for the charging of regular benefits.

     (f)  The director shall adopt rules pursuant to chapter 91 to implement this section; provided that in adopting rules, the director, insofar as practicable, shall comply with rules and policies of the United States Department of Labor.

     (g)  This section shall be operative upon the enactment of federal law authorizing this section or upon the date of any required plan adopted by the United States Department of Labor, whichever date is later, and shall terminate at the end of the week preceding the date when federal law no longer authorizes this section, unless that date is on a Saturday, in which case the authority terminates on that date.

     (h)  For the purposes of this section:

     "Self-employment assistance activities" means activities approved by the director and designed to enable participating individuals to establish a business and become self-employed.  "Self-employment assistance activities" includes entrepreneurial training, business counseling, and technical assistance.

     "Self-employment assistance allowance" means an amount payable to an individual participating in self-employment assistance activities in accordance with this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Employment Security; Unemployment; Self-Employment Assistance

 

Description:

Provides for the payment of self-employment assistance benefits in lieu of regular unemployment benefits under conditions allowing recipients to focus on receiving training and assistance to become self-employed.

 

 

 

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