|
SELF-EMPLOYMENT ASSISTANCE AND
ENTREPRENEURIAL TRAINING ACT
Section
effective July 8, 1996
This act shall
also be known as the "Self-Employment Assistance and Entrepreneurial
Training Act."
L.1995, c.394
1, eff. July 8, 1996.
Historical
and Statutory Notes Title of Act: An Act providing self-employment
assistance and entrepreneurial training, amending P.L.1992, c. 43,
P.L.1992, c. 46, and amending and supplementing chapter 21 of Title
43 of the Revised Statutes, L.1995, c. 394.
Top
of Page
43:21-68.
Legislative findings and declaration Section effective July 8, 1996.
The Legislature
finds and declares that a significant percentage of new jobs in
this country are created by small businesses and that approximately
12 percent of the persons employed in the United States are self-employed,
mostly in small businesses. In the wake of recent corporate downsizing,
it is imperative that ways are found to help unemployed individuals,
including professional and technical employees, to re-enter the
labor force. Experience in numerous other states and in certain
urban areas of New Jersey has shown that "micro-lending,"
or carefully targeting small loans to individuals with well-developed,
realistic business plans, has been successful in helping those individuals
to establish small businesses and become self-employed entrepreneurs.
This approach is particularly successful where the loan recipients
are part of a peer group that provides support, advice and assistance,
and helps to ensure loan repayments. L. 1995, c. 394, 2, eff. July
8, 1996.
Top
of Page
43:21-69.
Definitions
Section
effective July 8, 1996.
As used in
P.L. 1995, c. 394 (C. 43:21-67 et al.):
"Division" means the Division of Unemployment and Temporary
Disability Insurance of the Department of Labor.
"Full-time
basis" with respect to the amount of time spent participating
in self-employment assistance activities shall have the meaning
contained in regulations adopted by the Commissioner of Labor.
"Peer
group" means a group of not more than twenty participating
individuals who provide mutual assistance and support for each other's
efforts to establish businesses and become self-employed entrepreneurs.
"Reemployment
services" means job search assistance and job placement services,
including counseling, testing, assessment, job search workshops,
job clubs, referrals to employers and providing occupational and
labor market information.
"Regular
benefits" means benefits payable to an individual under the
"unemployment compensation law" (R.S. 43:21-1 et seq.),
including benefits payable to federal civilian employees and to
ex-service members pursuant to 5 U.S.C. chapter 85, but not including
additional benefits provided pursuant to P.L.1992, c. 47 (C. 43:21-57
et seq.) or extended benefits.
"Self-employment
assistance activities" means activities, approved by the division,
in which an individual participates for the purpose of establishing
a business and becoming self-employed, including: activities in
which the individual participates in connection with self-employment
assistance services; and other activities in which the individual
engages to establish the business, which may, at the discretion
of the division, include participation in a peer group.
"Self-employment
assistance allowance" means an allowance, payable in lieu of
regular benefits and from the unemployment compensation fund, to
an individual participating in self-employment assistance activities
who meets the requirements of P.L.1995, c. 394 (C. 43:21-67 et al.).
"Self-employment
assistance services" means services provided to an individual,
including entrepreneurial training, business counseling, and technical
assistance, to help the individual to develop a business plan, establish
a business and become self-employed, including entrepreneurial training
and technical assistance supported by training grants provided pursuant
to subsection b. of section 6 of P.L.1992, c. 43 (C. 34:15D4).
"Worker
profiling system" means the worker profiling system established
pursuant to section 2 of P.L.1992, c. 46 (C. 43:21-4.1).
"Workforce
Development Partnership Program" means the program created
pursuant to P.L.1992, c. 43 (C. 34:15D-1 et seq.).
L. 1995, c.
394, 3, eff. July 8, 1996.
Top
of Page
43:21-71
43:21-70. Application for self-employment assistance allowance;
provision of services; monitoring of recipients; amount of allowance
Section
effective July 8, 1996.
a. Any unemployed
individual who qualifies for regular benefits and is identified
through the worker profiling system as likely to exhaust regular
benefits may apply to the division for a self-employment assistance
allowance. If the individual is selected to receive a self-employment
assistance allowance, the Department of Labor may also provide the
individual with any available self-employment assistance services
it deems appropriate, including services available from the Workforce
Development Partnership Program, or the department may refer the
individual to any other private or public entity it deems appropriate
to provide the services. The department shall provide the individual
with appropriate information available to the department regarding
possible sources of financing for entrepreneurial activities, including
information obtained from the Department of Banking and information
regarding suitable "micro-lending" programs.
b. The weekly
self-employment assistance allowance payable pursuant to this section
to an individual shall be equal to the weekly benefit amount for
regular benefits. In no instance shall a self-employment assistance
allowance and regular benefits be paid to an individual with respect
to the same period. The sum of the allowance and regular benefits
paid under P.L.1995, c. 394 (C. 43:21-7 et al.) with respect to
any benefit year, shall not exceed the maximum benefit amount established
for regular benefits alone with respect to that benefit year. The
allowance shall not be paid for any 'week in which the individual
does not participate, on a full-time basis, in self-employment assistance
activities authorized by the division.
c. A self-employment
assistance allowance shall be payable to an individual at the same
interval, on the same terms, and subject to the same conditions
as regular benefits, except as otherwise provided in P.L.1995, c.
394 (C. 43:21-67 et al.).
d. The aggregate
number of individuals receiving self-employment assistance allowances
at any time shall not exceed one percent of the numbers of individuals
receiving regular benefits. The Commissioner of Labor shall adopt
regulations consistent with the provisions of P.L.1995, c. 394 (C.
43:21-67 et al.) to establish eligibility requirements and procedures
for the selection of individuals to receive assistance allowances
and self-employment assistance services.
e. Self-employment
assistance allowances shall be charged to employees in the same
manner as provided for the charging of regular benefits.
f. The provisions
of this section shall apply to weeks beginning after the effective
date of P.L.1995, c. 394 (C. 43:21@7 et al.) and after any plan
required by the United States Department of Labor is approved by
that department. The authority provided by this section shall terminate
as of the end of the week preceding the date when federal law no
longer authorizes the provisions of this section, unless that date
is a Saturday in which case the authority shall terminate as of
that date.
L. 1995, c. 394, 4, eff. July 8, 1996.
Top
of Page
43:21-71.
Rules and regulations
Section
effective July 8, 1996.
The Department
of Labor shall adopt, pursuant to the "Administrative Procedure
Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), any, rules and
regulations necessary to effectuate the purpose, of P.L.1995, c.
394,(C.43:21-67 et al.)
L.1995, c.394,
5, eff. July 8, 1996.
Top
of Page
|
