* § 591-a. Self-employment assistance program. 1. The department is
hereby authorized and empowered to establish and operate a
self-employment assistance program as authorized pursuant to subsection
(t) of section 3306 of the internal revenue code.

2. For the purposes of this section, the term "self-employment
assistance program" means a program under which:

(a) individuals who meet the requirements described in paragraph (c)
of this subdivision are eligible to receive an allowance in lieu of
regular unemployment benefits for the purpose of assisting such
individuals in establishing a business and becoming self-employed;

(b) the allowance payable to individuals pursuant to paragraph (a) of
this subdivision is payable in the same amount, at the same interval, on
the same terms, and subject to the same conditions, as regular
unemployment benefits and the sum of any allowance paid under this
section and regular benefits, as defined in this section, paid for any
benefit year shall not exceed the maximum amount of benefits payable
under this article, except:

** (i) requirements relating to total unemployment, as defined in
section five hundred twenty-two of this article, availability for work
and search for work, as set forth in subdivision two of section five
hundred ninety-one of this title and refusal to accept work, as set
forth in subdivision two of section five hundred ninety-three of this
title, are not applicable to such individuals;

** NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

** (i) requirements relating to total unemployment, as defined in
section five hundred twenty-two of this article, availability for work
and search for work, as set forth in subdivision two of section five
hundred ninety-one of this title and refusal to accept work, as set
forth in subdivision two of section five hundred ninety-three of this
title, are not applicable to such individuals;

** NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

** (ii) requirements relating to disqualifying income, as set forth in
section five hundred twenty-three of this article, are not applicable to
income earned from self-employment entered into by such individuals as a
result of their participation in self-employment assistance programs as
defined in this section; and

** NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

** (ii) requirements relating to disqualifying income, as set forth in
sections five hundred twenty-five and five hundred ninety of this
article, are not applicable to income earned from self-employment
entered into by such individuals as a result of their participation in
self-employment assistance programs as defined in this section; and

** NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

(iii) such individuals are considered to be unemployed for the
purposes of laws applicable to unemployment benefits, as long as such
individuals meet the requirements applicable under this subdivision;

(c) individuals may receive the allowance described in paragraph (a)
of this subdivision if such individuals:

(i) are eligible to receive regular unemployment benefits or would be
eligible to receive such benefits except for the requirements set forth
in subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For
purposes of this section, regular unemployment benefits means benefits
payable under this article, including benefits payable to federal
civilian employees and to ex-servicemen and servicewomen pursuant to 5
USC Chapter 85, and benefits authorized to be used for the
self-employment assistance program pursuant to the Federal-State
Extended Unemployment Compensation Act of 1970 but excluding additional
benefits;

(ii) are identified pursuant to a worker profiling system as
individuals likely to exhaust regular unemployment benefits;

(iii) are participating in self-employment assistance activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training,
business counseling, and technical assistance, including financing
assistance for qualified individuals as appropriate, offered by
entrepreneurship assistance centers established pursuant to section two
hundred eleven of the economic development law, state university of New
York small business development centers, programs offered by
community-based organizations, local development corporations, and
boards of cooperative educational services (BOCES) as established
pursuant to section one thousand nine hundred fifty of the education
law; and, unless otherwise required by federal law or regulation, no
individual shall be prohibited from or disqualified from eligibility for
the program if prior to applying for the program, an individual has
printed business cards or has a website that is designed but not active,
and neither are being used to solicit or conduct business;

(iv) are actively engaged on a full-time basis in activities, which
may include training, relating to the establishment of a business and
becoming self-employed;

(v) are not individuals who have previously participated in
self-employment assistance programs pursuant to this section; and

(d) the aggregate number of individuals receiving the allowance under
the program does not at any time exceed five percent of the number of
individuals receiving regular unemployment benefits at such time.

3. Each self-employment assistance program applicant shall provide at
a minimum, in such form and at such time as the commissioner may
prescribe, the following information:

(a) a description of the proposed self-employment;

(b) a description of such applicant's knowledge of experience in
self-employment or such applicant's knowledge of and experience with the
particular product to be manufactured, produced, processed, distributed
or sold or service to be provided;

(c) the names and addresses of such applicant's previous employers
during the two years immediately preceding the date of applying for
regular unemployment insurance benefits; and a

(d) a description of each applicant's work activity and the
applicant's previous employer's activity at the work locations to which
the applicant was assigned during said two year period.

4. Among individuals seeking participation in a self-employment
assistance program, the department shall give preference to those
individuals who propose businesses not likely to compete directly with
the business of any base period employer of the individual.

* NB Repealed December 7, 2025