Bill Text: MS SB2796 | 2013 | Regular Session | Introduced

Mississippi Senate Bill 2796 (Prior Session Legislation)

Introduced

Bill Title: Self-Employment Assistance Program (SEAP); establish under Mississippi Department of Employment Security.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [SB2796 Detail]

Download: Mississippi-2013-SB2796-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Labor; Finance

By: Senator(s) Horhn

Senate Bill 2796

AN ACT TO CODIFY SECTION 71-5-545, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SELF-EMPLOYMENT ASSISTANCE PROGRAM (SEAP) UNDER THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY (MDES); TO PROVIDE ELIGIBILITY AND STANDARDS FOR THE PROGRAM AND TO PROVIDE FOR THE AMOUNT OF SELF-EMPLOYMENT ASSISTANCE ALLOWANCE; TO PROVIDE FOR A SEAP STEERING COMMITTEE; TO AUTHORIZE THE MDES TO ISSUE REGULATIONS TO ADMINISTER THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 71-5-545, Mississippi Code of 1972:

71-5-545. Self-Employment Assistance Program. (1) Definitions. As used in this section:

(a) "Self-employment assistance activities" means activities (including entrepreneurial training, business counseling, technical assistance and any other requirements set forth by the Executive Director in regulation) approved by the executive director in which an individual, identified through an established system consistent with the system requirements of Section 303(j)(1)(A) of the Social Security Act (SSA) as likely to exhaust regular unemployment benefits, participates for the purpose of establishing a business and becoming self-employed.

(b) "Self-employment assistance allowance" means an allowance, payable in lieu of and on the same schedule as regular benefits and from the unemployment fund established under Section 71-5-451, Mississippi Code of 1972, to an individual participating in self-employment assistance activities who meets the requirements of this section.

(c) "Regular benefits" means benefits payable to an individual under this act (including benefits payable to Federal civilian employees and to ex-service members pursuant to 5 USC Chapter 85) excluding emergency unemployment benefits and extended benefits.

(d) "Full-time basis" shall have the meaning contained in regulations prescribed by the executive director who has authority to set, modify and rescind such regulations as are required for the proper and efficient administration of this act.

(e) SEAP shall have the same meaning as Self-Employment Assistance Program for purposes of this section.

(2) Amount of self-employment assistance allowance. The weekly allowance payable under this section to an individual will be equal to the weekly benefit amount for regular benefits otherwise payable under Section 71-5-503, Mississippi Code of 1972.

The sum of (a) the allowance paid under this section, and (b) regular benefits paid under this act with respect to any benefit year shall not exceed the maximum benefit amount as established by Section 71-5-507, Mississippi Code of 1972, with respect to such benefit year.

(3) Eligibility for self-employment assistance allowance. The allowance described in subsection (1) of this section shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits under this act, except that:

(a) The requirements of Section 71-5-511, Mississippi Code of 1972, relating to availability for work, active search for work, and refusal to accept work are not applicable to such individual;

(b) The requirements of Section 71-5-505, Mississippi Code of 1972, relating to other earnings are not applicable to income earned from self-employment by such individual;

(c) An individual who meets the requirements of this section shall be considered to be unemployed under Section 71-5-501 et seq., Mississippi Code of 1972; and

(d) An individual 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) relating to the establishment of a business and becoming self-employed shall be disqualified for any such week(s)in which failure occurs.

(4) Limitation on receipt of self-employment assistance allowances. The aggregate number of individuals receiving the allowance under this section at any time shall not exceed five percent (5%) of the number of individuals receiving regular benefits as defined in Section 71-5-541, Mississippi Code of 1972.

(5) Steering Committee membership. The SEAP Steering Committee shall consist of nine (9) members, with one (1) representative from each of the following organizations:

(a) Mississippi Chapter of the National Federation of Independent Business;

(b) Mississippi Manufacturers Association;

(d) Mississippi Development Authority;

(e) Delta Citizens Alliance;

(f) Mississippi Small Business Development Center;

(g) Mississippi Minority Business Alliance;

(h) Mississippi Department of Employment Security Executive Director or designee; and

(i) In addition, the Mississippi Department of Employment Security Executive Director shall appoint one (1) member.

Each such individual appointed from the preceding listing shall have equal voting rights on the SEAP Steering Committee.

The Chairmen of the House Labor Committee and the Senate Labor Committee shall be appointed as ex officio members to serve in an advisory capacity without voting rights.

(6) Steering Committee purpose. The Steering Committee shall initially adopt the rules of operation for the SEAP program and shall select and certify SEAP training programs, which shall be administratively adopted and enforced by the Mississippi Department of Employment Security. Rules shall include the continuing role of the Steering Committee.

(7) Rules and regulations for operation of the Mississippi Department of Employment Security (MDES). The Executive Director of MDES shall cause regulations adopted by the SEAP Steering Committee appointed under this section to be adopted by the MDES, and the executive director may adopt other regulations as necessary for proper administration of this section.

(8) Financing costs of self-employment assistance allowances. Allowances paid under this section shall be noncharged to employers as provided under provisions of this act relating to the noncharging of regular benefits as defined in Section 71-5-541, Mississippi Code of 1972, and shall be used in the computation of the annual unemployment tax rate as noncharges for receipt of unemployment benefits paid by this act. Noncharging provisions do not apply to unemployment compensation for federal employees, unemployment compensation for ex-servicemen or unemployment compensation paid to individuals based upon their wages earned with reimbursing employers, except as allowed by Section 71-5-357(b)(iv), Mississippi Code of 1972. In the event federal regulations allow changes to noncharging provisions associated with the SEAP, regulations may be adopted by the SEAP Steering Committee to make such changes as are reasonable and appropriate to the Mississippi program and the charging or noncharging of SEAP benefits.

(9) Federal law and regulations. Nothing in this section or the rules adopted related to this or any other part of Section 71-5-1 et seq., Mississippi Code of 1972, adopted by the Executive Director of the MDES is intended to be inconsistent with laws and regulations prescribed by the United States Department of Labor (USDOL), and any part of this law, Section 71-5-1 et seq., Mississippi Code of 1972, that is determined to not be in conformity with USDOL regulations and applicable federal laws will not be enforced until such time as the deficiencies can be remedied.

(10) Effective date and termination date. The provisions of this section will apply to weeks beginning after the first Saturday in July 2013, or weeks beginning after any plan required by the United States Department of Labor is approved by such department, whichever date is later. 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 such date is a Saturday in which case the authority shall terminate as of such date.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.