First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0852.02 Christy Chase x2008
SENATE BILL 23-232
Senate Committees House Committees
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING UNEMPLOYMENT COMPENSATION , AND, IN CONNECTION101
THEREWITH, REDUCING EMPLOYER PREMIUM RATES ; CREATING102
SUPPORT SURCHARGE RATES ; AND
ADJUSTING THE103
ALLOCATIONS OF EMPLOYER PREMIUMS AND SUPPORT104
SURCHARGE PAYMENTS TO THE UNEMPLOYMENT105
COMPENSATION FUND , THE EMPLOYMENT SUPPORT FUND , THE106
EMPLOYMENT AND TRAINING TECHNOLOGY FUND , AND THE107
BENEFIT RECOVERY FUND TO COMPLY WITH FEDERAL LAW .108
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
HOUSE
3rd Reading Unamended
April 15, 2023
HOUSE
Amended 2nd Reading
April 14, 2023
SENATE
3rd Reading Unamended
April 4, 2023
SENATE
Amended 2nd Reading
April 3, 2023
SENATE SPONSORSHIP
Zenzinger and Kirkmeyer, Bridges, Buckner, Coleman, Cutter, Exum, Ginal, Gonzales,
Hansen, Jaquez Lewis, Kolker, Moreno, Priola, Sullivan
HOUSE SPONSORSHIP
Bird and Sirota, Bockenfeld, Jodeh, Kipp, Lindsay, McCluskie, Michaelson Jenet, Snyder,
Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov/.)
Joint Budget Committee. For purposes of complying with
requirements of the "Federal Unemployment Tax Act", the bill reduces
employer premium rates by 10% across all rates in the standard premium
rate schedule. Additionally, the bill creates a schedule for the support
surcharge rate (schedule), which is used to establish contributions to the
employment support fund, to the employment and training technology
fund, and to the benefit recovery fund. The new schedule uses the same
methodology as is used in calculating an employer's percent of excess,
which is the percentage resulting from the calculation of an employer's
excess of premiums paid over benefits charged, divided by the average
chargeable payroll.
The bill changes the cap on the amount of money in the
employment support fund at the end of any state fiscal year, from an
amount calculated based on a portion of the employer premium plus $17
million, to a total of $32.5 million for the next state fiscal year, which
amount is adjusted annually based on changes in average weekly
earnings.
The bill expands the authorized use of money in the Title XII
repayment fund to allow the division of unemployment insurance
(division) in the department of labor and employment (department) to use
the money for costs associated with bonds or notes issued by the division,
including interest on the bonds or notes.
The bill eliminates the requirement for employers to submit
premium reports to the division and instead requires employers to submit
wage reports.
The bill adjusts the appropriations in the annual general
appropriation act for the 2023-24 state fiscal year to the department for
use by the division as follows:
! Decreases the general fund appropriation for program costs
related to labor standards by $899,537; and
! Increases the cash funds appropriation from the
employment support fund for program costs related to labor
standards by $899,537.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-70-103, amend2
(13) and (23.5); and add (2.7), (11.5), (12.3), and (24.5) as follows:3
8-70-103. Definitions. As used in articles 70 to 82 of this title 8,4
unless the context otherwise requires:5
232-2- (2.7) "BENEFIT RECOVERY FUND" MEANS THE BENEFIT RECOVERY1
FUND CREATED IN SECTION 8-73-116 (2).2
(11.5) "E
MPLOYMENT AND TRAINING TECHNOLOGY FUND " MEANS3
THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND CREATED IN SECTION4
8-77-109 (2)(a.9)(II)(A).5
(12.3) "E
MPLOYMENT SUPPORT FUND " MEANS THE EMPLOYMENT6
SUPPORT FUND CREATED IN SECTION 8-77-109 (1)(b).7
(13) "Fund"
OR "UNEMPLOYMENT COMPENSATION FUND " means8
the unemployment compensation fund, established in section 8-77-1019
(1), to which all premiums required and from which all benefits under10
articles 70 to 82 of this title
TITLE 8 and bonds issued under section11
8-71-103 (2)(d) are paid, and from which payments may be made to the12
Colorado housing and finance authority under section 29-4-710.7. C.R.S.13
(23.5) "Premiums" means the money payments to the14
unemployment compensation fund,
AND THE PAYMENT AMOUNT
15
INCLUDED IN THE CALCULATION OF AN EMPLOYER'S EXPERIENCE RATING,16
required by articles 70 to 82 of this title TITLE 8.17
(24.5) "S
UPPORT SURCHARGE RATE" MEANS AN EMPLOYER'S RATE18
THAT IS USED TO CALCULATE THE MONEY PAYMENTS OWED TO THE19
EMPLOYMENT SUPPORT FUND , THE BENEFIT RECOVERY FUND , AND THE20
EMPLOYMENT AND TRAINING TECHNOLOGY FUND , CALCULATED IN21
ACCORDANCE WITH SECTION 8-76-102.5 (3)(a)(IV) USING THE SAME22
METHODOLOGY AS IS USED TO CALCULATE AN EMPLOYER 'S PERCENT OF23
EXCESS IN ACCORDANCE WITH SECTION 8-76-102.5 (3)(a)(II)(A).24
SECTION 2. In Colorado Revised Statutes, 8-76-102.5, amend25
(3)(h) introductory portion and (3)(h)(I); and repeal and reenact, with26
amendments, (3)(a) as follows:27
232
-3- 8-76-102.5. Rates effective upon fund solvency - repeal of1
prior rates - solvency surcharge - definitions - repeal. (3) (a) (I) E
ACH2
EMPLOYER'S RATE FOR THE TWELVE MONTHS COMMENCING JANUARY 1 OF3
ANY CALENDAR YEAR IS DETERMINED ON THE BASIS OF THE EMPLOYER 'S4
RECORD PRIOR TO THE COMPUTATION DATE FOR THE YEAR . THE5
COMPUTATION DATE FOR ANY CALENDAR YEAR IS JULY 1 OF THE YEAR6
PRECEDING THE CALENDAR YEAR FOR WHICH THE RATE IS COMPUTED .7
(II) A
S USED IN THE STANDARD PREMIUM RATE SCHEDULE IN8
SUBSECTION (3)(a)(III)(B) OF THIS SECTION AND THE SUPPORT SURCHARGE9
RATE SCHEDULE IN SUBSECTION (3)(a)(IV) OF THIS SECTION:10
(A) "P
ERCENT OF EXCESS" MEANS THE PERCENTAGE RESULTING11
FROM DIVIDING THE EXCESS OF PREMIUMS PAID OVER BENEFITS CHARGED12
BY THE AVERAGE CHARGEABLE PAYROLL , COMPUTED TO THE NEAREST13
ONE PERCENT.14
(B) "R
ESERVE RATIO" MEANS THE FUND BALANCE ON ANY JUNE 3015
AS A PROPORTION OF TOTAL WAGES REPORTED BY EXPERIENCE -RATED16
EMPLOYERS.17
(C) "T
O" IN THE COLUMN HEADINGS, WHICH MAKE REFERENCE TO18
FUND BALANCES (RESOURCES AVAILABLE FOR BENEFITS ), MEANS "NOT19
INCLUDING".20
(III) (A) T
HE TOTAL OF AN EMPLOYER 'S PREMIUMS PAID,21
DESIGNATED, AND DEPOSITED INTO THE UNEMPLOYMENT COMPENSATION22
FUND ON THE EMPLOYER'S OWN BEHALF ON OR BEFORE THIRTY-ONE DAYS23
IMMEDIATELY AFTER THE COMPUTATION DATE AND THE TOTAL BENEFITS24
THAT WERE CHARGEABLE TO THE EMPLOYER 'S ACCOUNT AND WERE PAID25
BEFORE THE COMPUTATION DATE , WITH RESPECT TO WEEKS , OR ANY26
ESTABLISHED PAYROLL PERIOD OF UNEMPLOYMENT , BEGINNING BEFORE27
232
-4- THE COMPUTATION DATE, IS USED TO COMPUTE THE EMPLOYER'S PREMIUM1
FOR THE FOLLOWING CALENDAR YEAR .2
(B) T
HE FOLLOWING STANDARD PREMIUM RATE SCHEDULE3
REFLECTS THE RATES APPLICABLE IN COMPUTING AN EMPLOYER 'S4
PREMIUM:5
232
-5- Standard Premium Rate Schedule 1
2Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
3 0.014 or Greater 0.011 to 0.014 0.008 to 0.011 0.006 to 0.008 0.004 to 0.006 0.000 to 0.004 0.000 to Deficit
Eligible 4
Employers 5
Percent of Excess 6
+20 or more 7 0.0046 0.0050 0.0052 0.0056 0.0059 0.0064 0.0068
+18 to +19 8 0.0051 0.0056 0.0058 0.0062 0.0066 0.0070 0.0074
+16 to +17 9 0.0052 0.0057 0.0059 0.0063 0.0067 0.0071 0.0076
+14 to +15 10 0.0055 0.0060 0.0062 0.0068 0.0072 0.0077 0.0082
+12 to +13 11 0.0059 0.0065 0.0068 0.0074 0.0079 0.0086 0.0091
+10 to +11 12 0.0068 0.0075 0.0078 0.0085 0.0092 0.0099 0.0106
+8 to +9 13 0.0086 0.0095 0.0099 0.0108 0.0117 0.0126 0.0135
+6 to +7 14 0.0104 0.0116 0.0122 0.0133 0.0144 0.0156 0.0167
+4 to +5 15 0.0124 0.0139 0.0145 0.0159 0.0173 0.0186 0.0201
+2 to +3 16 0.0174 0.0193 0.0203 0.0222 0.0242 0.0262 0.0282
+0 to +1 17 0.0244 0.0272 0.0285 0.0313 0.0341 0.0369 0.0397
Unrated 18 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153
-0 to -1 19 0.0311 0.0347 0.0365 0.0402 0.0438 0.0474 0.0511
-2 to -3 20 0.0331 0.0371 0.0390 0.0428 0.0467 0.0506 0.0545
-4 to -5 21 0.0352 0.0393 0.0414 0.0455 0.0497 0.0538 0.0580
-6 to -7 22 0.0373 0.0416 0.0438 0.0482 0.0526 0.0570 0.0614
-8 to -9 23 0.0392 0.0439 0.0463 0.0509 0.0555 0.0601 0.0648
-10 to -11 24 0.0413 0.0462 0.0486 0.0536 0.0584 0.0633 0.0682
-12 to -13 25 0.0433 0.0485 0.0510 0.0562 0.0613 0.0664 0.0716
-14 to -15 26 0.0454 0.0508 0.0535 0.0589 0.0643 0.0697 0.0751
-16 to -17 27 0.0474 0.0530 0.0559 0.0615 0.0671 0.0728 0.0785
-18 to -19 28 0.0494 0.0554 0.0583 0.0642 0.0701 0.0760 0.0819
-20 to -21 29 0.0515 0.0576 0.0607 0.0669 0.0730 0.0791 0.0853
-22 to -23 30 0.0535 0.0599 0.0631 0.0695 0.0759 0.0823 0.0887
-24 to -25 31 0.0555 0.0621 0.0654 0.0721 0.0788 0.0854 0.0921
More than -25 32 0.0565 0.0633 0.0666 0.0734 0.0801 0.0868 0.0935
33
232
-6- (IV) THE SUPPORT SURCHARGE RATE , WHICH IS THE RATE1
DEDICATED TO EMPLOYER SUPPORT SURCHARGE PAYMENTS DEPOSITED2
INTO THE EMPLOYMENT SUPPORT FUND , THE BENEFIT RECOVERY FUND,3
AND THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND , IS4
CALCULATED USING THE FOLLOWING SUPPORT SURCHARGE RATE5
SCHEDULE:6
232-7- Support Surcharge Rate Schedule 1
2Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
3 0.014 or Greater 0.011 to 0.014 0.008 to 0.011 0.006 to 0.008 0.004 to 0.006 0.000 to 0.004 0.000 to Deficit
Eligible 4
Employers 5
Percent of Excess 6
+20 or more 7 0.0005 0.0006 0.0006 0.0006 0.0007 0.0007 0.0007
+18 to +19 8 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
+16 to +17 9 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
+14 to +15 10 0.0006 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009
+12 to +13 11 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009 0.0010
+10 to +11 12 0.0007 0.0008 0.0009 0.0009 0.0010 0.0011 0.0012
+8 to +9 13 0.0009 0.0010 0.0011 0.0012 0.0013 0.0014 0.0015
+6 to +7 14 0.0012 0.0013 0.0013 0.0015 0.0016 0.0017 0.0019
+4 to +5 15 0.0014 0.0015 0.0016 0.0018 0.0019 0.0021 0.0022
+2 to +3 16 0.0019 0.0021 0.0022 0.0025 0.0027 0.0029 0.0031
+0 to +1 17 0.0027 0.0030 0.0032 0.0035 0.0038 0.0041 0.0044
Unrated 18 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017
-0 to -1 19 0.0035 0.0039 0.0041 0.0045 0.0049 0.0053 0.0057
-2 to -3 20 0.0037 0.0041 0.0043 0.0048 0.0052 0.0056 0.0061
-4 to -5 21 0.0039 0.0044 0.0046 0.0051 0.0055 0.0060 0.0064
-6 to -7 22 0.0041 0.0046 0.0049 0.0053 0.0058 0.0063 0.0068
-8 to -9 23 0.0044 0.0049 0.0051 0.0056 0.0062 0.0067 0.0072
-10 to -11 24 0.0046 0.0051 0.0054 0.0059 0.0065 0.0070 0.0076
-12 to -13 25 0.0048 0.0054 0.0057 0.0062 0.0068 0.0074 0.0080
-14 to -15 26 0.0050 0.0056 0.0059 0.0065 0.0071 0.0077 0.0083
-16 to -17 27 0.0053 0.0059 0.0062 0.0068 0.0075 0.0081 0.0087
-18 to -19 28 0.0055 0.0061 0.0065 0.0071 0.0078 0.0084 0.0091
-20 to -21 29 0.0057 0.0064 0.0067 0.0074 0.0081 0.0088 0.0095
-22 to -23 30 0.0059 0.0067 0.0070 0.0077 0.0084 0.0091 0.0099
-24 to -25 31 0.0062 0.0069 0.0073 0.0080 0.0087 0.0095 0.0102
More than -25 32 0.0063 0.0070 0.0074 0.0081 0.0089 0.0096 0.0104
33
232 -8- (h) No later than January 1, 2013, The division shall develop AND1
MAINTAIN an online computer application that allows employers to review2
and manage account information. The online computer application shall3
include at least the following:4
(I) A method for employers to file premium WAGE reports and5
make premium payments;6
SECTION 3. In Colorado Revised Statutes, 8-77-103, amend7
(3)(c) as follows:8
8-77-103. Advances from federal unemployment trust fund -9
Title XII repayment fund. (3) (c) Money in the fund is continuously10
appropriated to the division to repay federal advances received pursuant11
to this section,
ANY COSTS ASSOCIATED WITH BONDS OR NOTES ISSUED12
PURSUANT TO SECTION 8-71-103 OR 8-77-103.5, and any interest owing13
on such
FEDERAL advances, BONDS, OR NOTES, AS PERMITTED BY THE14
FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE15
ACT MAY BE SUBSEQUENTLY AMENDED , AND BY ANY OTHER APPLICABLE16
FEDERAL LAW.17
SECTION 4. In Colorado Revised Statutes, 8-77-109, amend18
(1)(b), (2)(a), and (2)(a.9)(II)(A); repeal (5); and add (6) as follows:19
8-77-109. Employment support fund - employment and20
training technology fund - created - uses - repeal. (1) (b) There is21
hereby established the employment support fund. This fund consists of22
the first 0.00145 59.46 PERCENT OF THE SUPPORT SURCHARGE RATE23
assessed
ANNUALLY as part of each employer's premium under section
24
8-76-102.5 (3)(a) SUPPORT SURCHARGE RATE PAYMENTS PAID AND25
DEDICATED TO THE EMPLOYMENT SUPPORT FUND IN ACCORDANCE WITH26
SECTION 8-76-102.5 (3)(a)(IV).27
232-9- (2) (a) (I) (A) EXCEPT AS SET FORTH IN SUBSECTION (2)(a)(II) OF1
THIS SECTION AND EXCEPT AS PROVIDED IN SUBSECTION (2)(a)(I)(B) OF2
THIS SECTION, the state treasurer shall credit the money collected pursuant3
to this section to the employment support fund created in subsection (1)4
of this section. except that,5
(B) To the extent allowed by the United States department of6
labor employment training administration, the state treasurer shall credit7
.00035 18.92 PERCENT of each employer's premium under section8
8-76-102.5 (3)(a) ANNUAL SUPPORT SURCHARGE RATE DETERMINED9
PURSUANT TO SECTION 8-76-102.5 (3)(a)(IV) to the benefit recovery fund,10
created in section 8-73-116, up to a maximum of fifteen million dollars11
each year.12
(II) (A) At the end of the state fiscal year 2023-24 STATE FISCAL13
YEAR, THE STATE TREASURER SHALL CREDIT any money in the14
employment support fund COLLECTED PURSUANT TO THIS SECTION that15
exceeds the total of a .0011 assessed as part of each employer's premium16
plus seventeen million WOULD CAUSE THE BALANCE IN THE EMPLOYMENT17
SUPPORT FUND TO EXCEED THIRTY -TWO MILLION FIVE HUNDRED18
THOUSAND dollars shall be transferred by the state treasurer to the19
unemployment compensation fund. created in section 8-77-101 (1).20
(B) A
T THE END OF THE 2024-25 STATE FISCAL YEAR AND EACH21
STATE FISCAL YEAR THEREAFTER, THE LIMIT ON THE AMOUNT OF MONEY22
IN THE EMPLOYMENT SUPPORT FUND SPECIFIED IN SUBSECTION23
(2)(a)(II)(A)
OF THIS SECTION SHALL BE ADJUSTED BASED ON THE CHANGE24
IN AVERAGE WEEKLY EARNINGS , AS DETERMINED IN ACCORDANCE WITH25
SECTION 8-73-102 (1), IN THE IMMEDIATELY PRECEDING STATE FISCAL26
YEAR, AND THE STATE TREASURER SHALL CREDIT ANY AMOUNT THAT27
232-10- EXCEEDS THE AMOUNT SPECIFIED IN SUBSECTION (2)(a)(II)(A) OF THIS1
SECTION, AS ADJUSTED PURSUANT TO THIS SUBSECTION (2)(a)(II)(B), TO2
THE UNEMPLOYMENT COMPENSATION FUND .3
(C) A
NY AMOUNT CREDITED TO THE UNEMPLOYMENT4
COMPENSATION FUND PURSUANT TO THIS SUBSECTION (2)(a)(II) IS NOT5
INCLUDED IN THE CALCULATION OF AN EMPLOYER 'S ANNUAL EXPERIENCE6
RATE.7
(III) The general assembly shall appropriate the money in the8
employment support fund annually to the department of labor and9
employment:10
(I)
(A) To be used to offset funding deficits for program11
administration, including information technology initiatives, under the12
provisions of articles 70 to 83 of this title TITLE 8 and to further support13
programs to strengthen unemployment fund solvency; and14
(II) (A) (B) To fund labor standards, labor relations, and the15
Colorado works grievance procedure under the provisions of articles 1 to16
6, 9, 10, 12, and 13 of this title TITLE 8 and section 26-2-716 (3)(b).17
C.R.S.18
(B) (Deleted by amendment, L. 2003, p. 2181, ยง 1, effective June19
3, 2003.)20
(C) Repealed.21
(a.9) (II) (A) The employment and training technology fund,22
referred to in this subsection (2)(a.9) as the "fund", is created in the state23
treasury. Notwithstanding any provision of this subsection (2) to the24
contrary, on and after April 27, 2021, 0.0004 assessed against THE STATE25
TREASURER SHALL CREDIT 21.62 PERCENT OF each employer's premium26
under section 8-76-102.5 (3)(a) shall be credited ANNUAL SUPPORT27
232-11- SURCHARGE RATE UNDER SECTION 8-76-102.5 (3)(a)(IV) to the1
employment and training technology fund. On and after April 27, 2021,2
and on or before June 30, 2023, if cumulative revenue to the employment3
and training technology fund equals thirty-one million dollars, less any4
money transferred to the unemployment compensation fund, no additional5
money shall be credited to the employment and training technology fund6
but instead shall be allocated to the unemployment compensation fund.7
On and after July 1, 2023, any amount collected in a fiscal year in excess8
of seven million dollars under this subsection (2)(a.9)(II) shall be credited9
TO THE FUND AND THEN TRANSFERRED to the unemployment10
compensation fund. Money in the fund shall be used for employment and11
training automation initiatives established by the director of the division.12
Money in the fund is subject to annual appropriation by the general13
assembly for the purposes of this subsection (2)(a.9) and shall not revert14
to the general fund or any other fund at the end of any fiscal year. The15
money in the fund is exempt from section 24-75-402. At any time, the16
money in the employment and training technology fund may be17
appropriated by the general assembly to the unemployment compensation18
fund or allocated to the unemployment compensation fund at the19
discretion of the executive director of the department of labor and20
employment.21
(5) The department shall conduct a study with the United States
22
department of labor and any relevant stakeholders to evaluate the23
employment support fund and determine what steps may be necessary to24
ensure the fund conforms with federal law. The department shall report25
the findings of the study to the house committee on business affairs and26
labor and the senate committee on business, labor, and technology by27
232-12- December 15, 2022.1
(6) (a) T
HE PORTION OF EACH EMPLOYER 'S SUPPORT SURCHARGE2
RATE THAT THE EMPLOYER PAID AND THAT IS DEDICATED TO THE3
EMPLOYMENT SUPPORT FUND PURSUANT TO SECTION 8-76-102.54
(3)(a)(IV),
TO THE BENEFIT RECOVERY FUND PURSUANT TO SECTION5
8-73-116,
AND TO THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND6
PURSUANT TO SUBSECTION (2)(a.9)(II)(A) OF THIS SECTION:7
(I) I
S NOT INCLUDED IN THE CALCULATION OF THE EMPLOYER 'S8
ANNUAL EXPERIENCE RATE AND CREDIT UNDER THE "FEDERAL9
U
NEMPLOYMENT TAX ACT", 26 U.S.C. SEC. 3301 ET SEQ.; AND10
(II) M
UST BE IMMEDIATELY DEPOSITED , UPON PAYMENT, INTO A11
SEPARATE ACCOUNT, UNRELATED TO THE UNEMPLOYMENT COMPENSATION12
FUND.13
(b) A
NY MONEY TRANSFERRED FROM THE EMPLOYMENT SUPPORT14
FUND, THE BENEFIT RECOVERY FUND, OR THE EMPLOYMENT AND TRAINING15
TECHNOLOGY FUND TO THE UNEMPLOYMENT COMPENSATION FUND16
PURSUANT TO THIS SECTION IS NOT USED IN CALCULATING THE17
EMPLOYER'S EXPERIENCE RATE OR PERCENT OF EXCESS FOR THE18
STANDARD PREMIUM RATE SCHEDULE .19
SECTION 5. In Colorado Revised Statutes, 8-79-104, amend20
(1)(a)(II)(A) and (1)(d) as follows:21
8-79-104. Failure to file true report - penalty. (1) (a) (II) (A) It22
is the responsibility of each employer subject to articles 70 to 82 of this23
title
TITLE 8 to file true and accurate reports, whether or not premiums or24
surcharges are due, and to pay all premiums and surcharges when due.25
Whenever an employer fails to furnish premium WAGE reports required26
by the division by the due date, the division shall assess against the27
232-13- employer a penalty of fifty dollars for each occurrence; except that an1
"employer newly subject" as defined by section 8-76-102.5 (4) shall be2
assessed a penalty of ten dollars for each occurrence during the first four3
quarters of coverage. Each subsequent quarter in which the employer4
continues the failure to file the
WAGE reports shall be considered a5
separate occurrence. Penalties collected by the division pursuant to this6
sub-subparagraph (A)
SUBSECTION (1)(a)(II)(A) shall be paid into the7
unemployment revenue fund.8
(d) Any penalty imposed pursuant to this subsection (1) shall be9
waived if good cause is shown for failing to pay the premiums or10
surcharges or to make premium WAGE reports, as prescribed by rule of the11
division. Penalties under this subsection (1) that are unpaid on the date on12
which they are due shall bear interest at the same rate and in the same13
manner as unpaid premiums and surcharges under articles 70 to 82 of this14
title TITLE 8. The provisions of section 13-80-108 (9) C.R.S., shall be15
used for determining when an offense is committed for the purposes of16
this subsection (1).17
18
SECTION 6. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
232-14-