CO
Colorado Senate Bill SB232

Colorado 2023 Regular Session

Colorado Senate Bill SB232 Compare Versions

OldNewDifferences
1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0852.02 Christy Chase x2008
18 SENATE BILL 23-232
2-BY SENATOR(S) Zenzinger and Kirkmeyer, Bridges, Buckner, Coleman,
3-Cutter, Exum, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Moreno,
4-Priola, Sullivan;
5-also REPRESENTATIVE(S) Bird and Sirota, Bockenfeld, Jodeh, Kipp,
6-Lindsay, Michaelson Jenet, Snyder, Woodrow, McCluskie.
9+Senate Committees House Committees
10+Appropriations Appropriations
11+A BILL FOR AN ACT
712 C
8-ONCERNING UNEMPLOYMENT COMPENSATION , AND, IN CONNECTION
9-THEREWITH
10-, REDUCING EMPLOYER PREMIUM RATES ; CREATING
11-SUPPORT SURCHARGE RATES
12-; AND ADJUSTING THE ALLOCATIONS OF
13-EMPLOYER PREMIUMS AND SUPPORT SURCHARGE PAYMENTS TO THE
14-UNEMPLOYMENT COMPENSATION FUND
15-, THE EMPLOYMENT SUPPORT
16-FUND
17-, THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND , AND
18-THE BENEFIT RECOVERY FUND TO COMPLY WITH FEDERAL LAW
19-.
20-Be it enacted by the General Assembly of the State of Colorado:
21-SECTION 1. In Colorado Revised Statutes, 8-70-103, amend (13)
22-and (23.5); and add (2.7), (11.5), (12.3), and (24.5) as follows:
23-8-70-103. Definitions. As used in articles 70 to 82 of this title 8,
24-unless the context otherwise requires:
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. (2.7) "BENEFIT RECOVERY FUND" MEANS THE BENEFIT RECOVERY
33-FUND CREATED IN SECTION
34-8-73-116 (2).
13+ONCERNING UNEMPLOYMENT COMPENSATION , AND, IN CONNECTION101
14+THEREWITH, REDUCING EMPLOYER PREMIUM RATES ; CREATING102
15+SUPPORT SURCHARGE RATES ; AND
16+ ADJUSTING THE103
17+ALLOCATIONS OF EMPLOYER PREMIUMS AND SUPPORT104
18+SURCHARGE PAYMENTS TO THE UNEMPLOYMENT105
19+COMPENSATION FUND , THE EMPLOYMENT SUPPORT FUND , THE106
20+EMPLOYMENT AND TRAINING TECHNOLOGY FUND , AND THE107
21+BENEFIT RECOVERY FUND TO COMPLY WITH FEDERAL LAW .108
22+Bill Summary
23+(Note: This summary applies to this bill as introduced and does
24+not reflect any amendments that may be subsequently adopted. If this bill
25+passes third reading in the house of introduction, a bill summary that
26+applies to the reengrossed version of this bill will be available at
27+HOUSE
28+3rd Reading Unamended
29+April 15, 2023
30+HOUSE
31+Amended 2nd Reading
32+April 14, 2023
33+SENATE
34+3rd Reading Unamended
35+April 4, 2023
36+SENATE
37+Amended 2nd Reading
38+April 3, 2023
39+SENATE SPONSORSHIP
40+Zenzinger and Kirkmeyer, Bridges, Buckner, Coleman, Cutter, Exum, Ginal, Gonzales,
41+Hansen, Jaquez Lewis, Kolker, Moreno, Priola, Sullivan
42+HOUSE SPONSORSHIP
43+Bird and Sirota, Bockenfeld, Jodeh, Kipp, Lindsay, McCluskie, Michaelson Jenet, Snyder,
44+Woodrow
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov/.)
48+Joint Budget Committee. For purposes of complying with
49+requirements of the "Federal Unemployment Tax Act", the bill reduces
50+employer premium rates by 10% across all rates in the standard premium
51+rate schedule. Additionally, the bill creates a schedule for the support
52+surcharge rate (schedule), which is used to establish contributions to the
53+employment support fund, to the employment and training technology
54+fund, and to the benefit recovery fund. The new schedule uses the same
55+methodology as is used in calculating an employer's percent of excess,
56+which is the percentage resulting from the calculation of an employer's
57+excess of premiums paid over benefits charged, divided by the average
58+chargeable payroll.
59+The bill changes the cap on the amount of money in the
60+employment support fund at the end of any state fiscal year, from an
61+amount calculated based on a portion of the employer premium plus $17
62+million, to a total of $32.5 million for the next state fiscal year, which
63+amount is adjusted annually based on changes in average weekly
64+earnings.
65+The bill expands the authorized use of money in the Title XII
66+repayment fund to allow the division of unemployment insurance
67+(division) in the department of labor and employment (department) to use
68+the money for costs associated with bonds or notes issued by the division,
69+including interest on the bonds or notes.
70+The bill eliminates the requirement for employers to submit
71+premium reports to the division and instead requires employers to submit
72+wage reports.
73+The bill adjusts the appropriations in the annual general
74+appropriation act for the 2023-24 state fiscal year to the department for
75+use by the division as follows:
76+! Decreases the general fund appropriation for program costs
77+related to labor standards by $899,537; and
78+! Increases the cash funds appropriation from the
79+employment support fund for program costs related to labor
80+standards by $899,537.
81+Be it enacted by the General Assembly of the State of Colorado:1
82+SECTION 1. In Colorado Revised Statutes, 8-70-103, amend2
83+(13) and (23.5); and add (2.7), (11.5), (12.3), and (24.5) as follows:3
84+8-70-103. Definitions. As used in articles 70 to 82 of this title 8,4
85+unless the context otherwise requires:5
86+232-2- (2.7) "BENEFIT RECOVERY FUND" MEANS THE BENEFIT RECOVERY1
87+FUND CREATED IN SECTION 8-73-116 (2).2
3588 (11.5) "E
36-MPLOYMENT AND TRAINING TECHNOLOGY FUND " MEANS
37-THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND CREATED IN SECTION
38-8-77-109 (2)(a.9)(II)(A).
89+MPLOYMENT AND TRAINING TECHNOLOGY FUND " MEANS3
90+THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND CREATED IN SECTION4
91+8-77-109 (2)(a.9)(II)(A).5
3992 (12.3) "E
40-MPLOYMENT SUPPORT FUND " MEANS THE EMPLOYMENT
41-SUPPORT FUND CREATED IN SECTION
42-8-77-109 (1)(b).
93+MPLOYMENT SUPPORT FUND " MEANS THE EMPLOYMENT6
94+SUPPORT FUND CREATED IN SECTION 8-77-109 (1)(b).7
4395 (13) "Fund"
44-OR "UNEMPLOYMENT COMPENSATION FUND " means the
45-unemployment compensation fund, established in section 8-77-101 (1), to
46-which all premiums required and from which all benefits under articles 70
47-to 82 of this title
48- TITLE 8 and bonds issued under section 8-71-103 (2)(d) are
49-paid, and from which payments may be made to the Colorado housing and
50-finance authority under section 29-4-710.7. C.R.S.
51-(23.5) "Premiums" means the money payments to the unemployment
52-compensation fund,
53-AND THE PAYMENT AM OUNT INCLUDED IN THE
54-CALCULATION OF AN EMPLOYER
55-'S EXPERIENCE RATING, required by articles
56-70 to 82 of this title
57- TITLE 8.
96+OR "UNEMPLOYMENT COMPENSATION FUND " means8
97+the unemployment compensation fund, established in section 8-77-1019
98+(1), to which all premiums required and from which all benefits under10
99+articles 70 to 82 of this title
100+ TITLE 8 and bonds issued under section11
101+8-71-103 (2)(d) are paid, and from which payments may be made to the12
102+Colorado housing and finance authority under section 29-4-710.7. C.R.S.13
103+(23.5) "Premiums" means the money payments to the14
104+unemployment compensation fund,
105+AND THE PAYMENT AMOUNT
106+15
107+INCLUDED IN THE CALCULATION OF AN EMPLOYER'S EXPERIENCE RATING,16
108+required by articles 70 to 82 of this title TITLE 8.17
58109 (24.5) "S
59-UPPORT SURCHARGE RATE " MEANS AN EMPLOYER'S RATE
60-THAT IS USED TO CALCULATE THE MONEY PAYMENTS OWED TO THE
61-EMPLOYMENT SUPPORT FUND
62-, THE BENEFIT RECOVERY FUND , AND THE
63-EMPLOYMENT AND TRAINING TECHNOLOGY FUND
64-, CALCULATED IN
65-ACCORDANCE WITH SECTION
66-8-76-102.5 (3)(a)(IV) USING THE SAME
67-METHODOLOGY AS IS USED TO CALCULATE AN EMPLOYER
68-'S PERCENT OF
69-EXCESS IN ACCORDANCE WITH SECTION
70-8-76-102.5 (3)(a)(II)(A).
71-SECTION 2. In Colorado Revised Statutes, 8-76-102.5, amend
72-(3)(h) introductory portion and (3)(h)(I); and repeal and reenact, with
73-amendments, (3)(a) as follows:
74-8-76-102.5. Rates effective upon fund solvency - repeal of prior
75-rates - solvency surcharge - definitions - repeal. (3) (a) (I) E
76-ACH
77-EMPLOYER
78-'S RATE FOR THE TWELVE MONTHS COMMENCING JANUARY 1 OF
79-ANY CALENDAR YEAR IS D ETERMINED ON THE BASIS OF THE EMPLOYER
80-'S
81-RECORD PRIOR TO THE COMPUTATION DATE FOR THE YEAR
82-. THE
83-COMPUTATION DATE FOR ANY CALENDAR YEAR IS
84-JULY 1 OF THE YEAR
85-PAGE 2-SENATE BILL 23-232 PRECEDING THE CALENDAR YEAR FOR WHICH THE RATE IS COMPUTED .
110+UPPORT SURCHARGE RATE" MEANS AN EMPLOYER'S RATE18
111+THAT IS USED TO CALCULATE THE MONEY PAYMENTS OWED TO THE19
112+EMPLOYMENT SUPPORT FUND , THE BENEFIT RECOVERY FUND , AND THE20
113+EMPLOYMENT AND TRAINING TECHNOLOGY FUND , CALCULATED IN21
114+ACCORDANCE WITH SECTION 8-76-102.5 (3)(a)(IV) USING THE SAME22
115+METHODOLOGY AS IS USED TO CALCULATE AN EMPLOYER 'S PERCENT OF23
116+EXCESS IN ACCORDANCE WITH SECTION 8-76-102.5 (3)(a)(II)(A).24
117+SECTION 2. In Colorado Revised Statutes, 8-76-102.5, amend25
118+(3)(h) introductory portion and (3)(h)(I); and repeal and reenact, with26
119+amendments, (3)(a) as follows:27
120+232
121+-3- 8-76-102.5. Rates effective upon fund solvency - repeal of1
122+prior rates - solvency surcharge - definitions - repeal. (3) (a) (I) E
123+ACH2
124+EMPLOYER'S RATE FOR THE TWELVE MONTHS COMMENCING JANUARY 1 OF3
125+ANY CALENDAR YEAR IS DETERMINED ON THE BASIS OF THE EMPLOYER 'S4
126+RECORD PRIOR TO THE COMPUTATION DATE FOR THE YEAR . THE5
127+COMPUTATION DATE FOR ANY CALENDAR YEAR IS JULY 1 OF THE YEAR6
128+PRECEDING THE CALENDAR YEAR FOR WHICH THE RATE IS COMPUTED .7
86129 (II) A
87-S USED IN THE STANDARD PREMIUM RATE SCHEDULE IN
88-SUBSECTION
89- (3)(a)(III)(B) OF THIS SECTION AND THE SUPPORT SURCHARGE
90-RATE SCHEDULE IN SUBSECTION
91- (3)(a)(IV) OF THIS SECTION:
130+S USED IN THE STANDARD PREMIUM RATE SCHEDULE IN8
131+SUBSECTION (3)(a)(III)(B) OF THIS SECTION AND THE SUPPORT SURCHARGE9
132+RATE SCHEDULE IN SUBSECTION (3)(a)(IV) OF THIS SECTION:10
92133 (A) "P
93-ERCENT OF EXCESS" MEANS THE PERCENTAGE RESULTING
94-FROM DIVIDING THE EXCESS OF PREMIUMS PAID OVER BENEFITS CHARGED BY
95-THE AVERAGE CHARGEABLE PAYROLL
96-, COMPUTED TO THE NEAREST ONE
97-PERCENT
98-.
134+ERCENT OF EXCESS" MEANS THE PERCENTAGE RESULTING11
135+FROM DIVIDING THE EXCESS OF PREMIUMS PAID OVER BENEFITS CHARGED12
136+BY THE AVERAGE CHARGEABLE PAYROLL , COMPUTED TO THE NEAREST13
137+ONE PERCENT.14
99138 (B) "R
100-ESERVE RATIO" MEANS THE FUND BALANCE ON ANY JUNE 30
101-AS A PROPORTION OF TOTAL WAGES REPORTED BY EXPERIENCE -RATED
102-EMPLOYERS
103-.
139+ESERVE RATIO" MEANS THE FUND BALANCE ON ANY JUNE 3015
140+AS A PROPORTION OF TOTAL WAGES REPORTED BY EXPERIENCE -RATED16
141+EMPLOYERS.17
104142 (C) "T
105-O" IN THE COLUMN HEADINGS, WHICH MAKE REFERENCE TO
106-FUND BALANCES
107-(RESOURCES AVAILABLE FOR BENEFITS ), MEANS "NOT
108-INCLUDING
109-".
143+O" IN THE COLUMN HEADINGS, WHICH MAKE REFERENCE TO18
144+FUND BALANCES (RESOURCES AVAILABLE FOR BENEFITS ), MEANS "NOT19
145+INCLUDING".20
110146 (III) (A) T
111-HE TOTAL OF AN EMPLOYER 'S PREMIUMS PAID,
112-DESIGNATED, AND DEPOSITED INTO THE UNEMPLOYMENT COMPENSATION
113-FUND ON THE EMPLOYER
114-'S OWN BEHALF ON OR BEFORE THIRTY -ONE DAYS
115-IMMEDIATELY AFTER THE COMPUTATION DATE AND THE TOTAL BENEFITS
116-THAT WERE CHARGEABLE TO THE EMPLOYER
117-'S ACCOUNT AND WERE PAID
118-BEFORE THE COMPUTATION DATE
119-, WITH RESPECT TO WEEKS , OR ANY
120-ESTABLISHED PAYROLL PERIOD OF UNEMPLOYMENT
121-, BEGINNING BEFORE THE
122-COMPUTATION DATE
123-, IS USED TO COMPUTE THE EMPLOYER 'S PREMIUM FOR
124-THE FOLLOWING CALENDAR YEAR
125-.
147+HE TOTAL OF AN EMPLOYER 'S PREMIUMS PAID,21
148+DESIGNATED, AND DEPOSITED INTO THE UNEMPLOYMENT COMPENSATION22
149+FUND ON THE EMPLOYER'S OWN BEHALF ON OR BEFORE THIRTY-ONE DAYS23
150+IMMEDIATELY AFTER THE COMPUTATION DATE AND THE TOTAL BENEFITS24
151+THAT WERE CHARGEABLE TO THE EMPLOYER 'S ACCOUNT AND WERE PAID25
152+BEFORE THE COMPUTATION DATE , WITH RESPECT TO WEEKS , OR ANY26
153+ESTABLISHED PAYROLL PERIOD OF UNEMPLOYMENT , BEGINNING BEFORE27
154+232
155+-4- THE COMPUTATION DATE, IS USED TO COMPUTE THE EMPLOYER'S PREMIUM1
156+FOR THE FOLLOWING CALENDAR YEAR .2
126157 (B) T
127-HE FOLLOWING STANDARD PREMIUM RATE SCHEDULE REFLECTS
128-THE RATES APPLICABLE IN COMPUTING AN EMPLOYER
129-'S PREMIUM:
130-PAGE 3-SENATE BILL 23-232 Standard Premium Rate Schedule
131-Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
132-0.014 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
133-Eligible
134-Employers
135-Percent of Excess
136-+20 or more 0.0046 0.00500.0052 0.0056 0.0059 0.0064 0.0068
137-+18 to +19 0.0051 0.0056 0.0058 0.0062 0.0066 0.0070 0.0074
138-+16 to +17 0.0052 0.0057 0.0059 0.0063 0.0067 0.0071 0.0076
139-+14 to +15 0.0055 0.0060 0.0062 0.0068 0.0072 0.0077 0.0082
140-+12 to +13 0.0059 0.0065 0.0068 0.0074 0.0079 0.0086 0.0091
141-+10 to +11 0.0068 0.0075 0.0078 0.0085 0.0092 0.0099 0.0106
142-+8 to +9 0.0086 0.0095 0.0099 0.0108 0.0117 0.0126 0.0135
143-+6 to +7 0.0104 0.0116 0.0122 0.0133 0.0144 0.0156 0.0167
144-+4 to +5 0.0124 0.0139 0.0145 0.0159 0.0173 0.0186 0.0201
145-+2 to +3 0.0174 0.0193 0.0203 0.0222 0.0242 0.0262 0.0282
146-+0 to +1 0.0244 0.0272 0.0285 0.0313 0.0341 0.0369 0.0397
147-Unrated 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153
148--0 to -1 0.0311 0.0347 0.0365 0.0402 0.0438 0.0474 0.0511
149--2 to -3 0.0331 0.0371 0.0390 0.0428 0.0467 0.0506 0.0545
150--4 to -5 0.0352 0.0393 0.0414 0.0455 0.0497 0.0538 0.0580
151--6 to -7 0.0373 0.0416 0.0438 0.0482 0.0526 0.0570 0.0614
152--8 to -9 0.0392 0.0439 0.0463 0.0509 0.0555 0.0601 0.0648
153--10 to -11 0.0413 0.0462 0.0486 0.0536 0.0584 0.0633 0.0682
154--12 to -13 0.0433 0.0485 0.0510 0.0562 0.0613 0.0664 0.0716
155--14 to -15 0.0454 0.0508 0.0535 0.0589 0.0643 0.0697 0.0751
156--16 to -17 0.0474 0.0530 0.0559 0.0615 0.0671 0.0728 0.0785
157--18 to -19 0.0494 0.0554 0.0583 0.0642 0.0701 0.0760 0.0819
158--20 to -21 0.0515 0.0576 0.0607 0.0669 0.0730 0.0791 0.0853
159--22 to -23 0.0535 0.0599 0.0631 0.0695 0.0759 0.0823 0.0887
160--24 to -25 0.0555 0.0621 0.0654 0.0721 0.0788 0.0854 0.0921
161-More than -25 0.0565 0.0633 0.0666 0.0734 0.0801 0.0868 0.0935
162-PAGE 4-SENATE BILL 23-232 (IV) THE SUPPORT SURCHARGE RATE , WHICH IS THE RATE
163-DEDICATED TO EMPLOYER SUPPORT SURCHARGE PAYMENTS DEPOSITED
164-INTO THE EMPLOYMENT SUPPORT FUND
165-, THE BENEFIT RECOVERY FUND ,
166-AND THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND , IS
167-CALCULATED USING THE FOLLOWING SUPPORT SURCHARGE RATE
168-SCHEDULE
169-:
170-PAGE 5-SENATE BILL 23-232 -5- Support Surcharge Rate Schedule
171-Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
172-0.014 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
173-Eligible
174-Employers
175-Percent of Excess
176-+20 or more 0.0005 0.00060.0006 0.0006 0.0007 0.0007 0.0007
177-+18 to +19 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
178-+16 to +17 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
179-+14 to +15 0.0006 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009
180-+12 to +13 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009 0.0010
181-+10 to +11 0.0007 0.0008 0.0009 0.0009 0.0010 0.0011 0.0012
182-+8 to +9 0.0009 0.0010 0.0011 0.0012 0.0013 0.0014 0.0015
183-+6 to +7 0.0012 0.0013 0.0013 0.0015 0.0016 0.0017 0.0019
184-+4 to +5 0.0014 0.0015 0.0016 0.0018 0.0019 0.0021 0.0022
185-+2 to +3 0.0019 0.0021 0.0022 0.0025 0.0027 0.0029 0.0031
186-+0 to +1 0.0027 0.0030 0.0032 0.0035 0.0038 0.0041 0.0044
187-Unrated 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017
188--0 to -1 0.0035 0.0039 0.0041 0.0045 0.0049 0.0053 0.0057
189--2 to -3 0.0037 0.0041 0.0043 0.0048 0.0052 0.0056 0.0061
190--4 to -5 0.0039 0.0044 0.0046 0.0051 0.0055 0.0060 0.0064
191--6 to -7 0.0041 0.0046 0.0049 0.0053 0.0058 0.0063 0.0068
192--8 to -9 0.0044 0.0049 0.0051 0.0056 0.0062 0.0067 0.0072
193--10 to -11 0.0046 0.0051 0.0054 0.0059 0.0065 0.0070 0.0076
194--12 to -13 0.0048 0.0054 0.0057 0.0062 0.0068 0.0074 0.0080
195--14 to -15 0.0050 0.0056 0.0059 0.0065 0.0071 0.0077 0.0083
196--16 to -17 0.0053 0.0059 0.0062 0.0068 0.0075 0.0081 0.0087
197--18 to -19 0.0055 0.0061 0.0065 0.0071 0.0078 0.0084 0.0091
198--20 to -21 0.0057 0.0064 0.0067 0.0074 0.0081 0.0088 0.0095
199--22 to -23 0.0059 0.0067 0.0070 0.0077 0.0084 0.0091 0.0099
200--24 to -25 0.0062 0.0069 0.0073 0.0080 0.0087 0.0095 0.0102
201-More than -25 0.0063 0.0070 0.0074 0.0081 0.0089 0.0096 0.0104
202-PAGE 6-SENATE BILL 23-232-6- (h) No later than January 1, 2013, The division shall develop AND
203-MAINTAIN
204- an online computer application that allows employers to review
205-and manage account information. The online computer application shall
206-include at least the following:
207-(I) A method for employers to file premium
208- WAGE reports and
209-make premium payments;
210-SECTION 3. In Colorado Revised Statutes, 8-77-103, amend
211-(3)(c) as follows:
212-8-77-103. Advances from federal unemployment trust fund -
213-Title XII repayment fund. (3) (c) Money in the fund is continuously
214-appropriated to the division to repay federal advances received pursuant
158+HE FOLLOWING STANDARD PREMIUM RATE SCHEDULE3
159+REFLECTS THE RATES APPLICABLE IN COMPUTING AN EMPLOYER 'S4
160+PREMIUM:5
161+232
162+-5- Standard Premium Rate Schedule 1
163+2Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
164+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
165+Eligible 4
166+Employers 5
167+Percent of Excess 6
168++20 or more 7 0.0046 0.0050 0.0052 0.0056 0.0059 0.0064 0.0068
169++18 to +19 8 0.0051 0.0056 0.0058 0.0062 0.0066 0.0070 0.0074
170++16 to +17 9 0.0052 0.0057 0.0059 0.0063 0.0067 0.0071 0.0076
171++14 to +15 10 0.0055 0.0060 0.0062 0.0068 0.0072 0.0077 0.0082
172++12 to +13 11 0.0059 0.0065 0.0068 0.0074 0.0079 0.0086 0.0091
173++10 to +11 12 0.0068 0.0075 0.0078 0.0085 0.0092 0.0099 0.0106
174++8 to +9 13 0.0086 0.0095 0.0099 0.0108 0.0117 0.0126 0.0135
175++6 to +7 14 0.0104 0.0116 0.0122 0.0133 0.0144 0.0156 0.0167
176++4 to +5 15 0.0124 0.0139 0.0145 0.0159 0.0173 0.0186 0.0201
177++2 to +3 16 0.0174 0.0193 0.0203 0.0222 0.0242 0.0262 0.0282
178++0 to +1 17 0.0244 0.0272 0.0285 0.0313 0.0341 0.0369 0.0397
179+Unrated 18 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153 0.0153
180+-0 to -1 19 0.0311 0.0347 0.0365 0.0402 0.0438 0.0474 0.0511
181+-2 to -3 20 0.0331 0.0371 0.0390 0.0428 0.0467 0.0506 0.0545
182+-4 to -5 21 0.0352 0.0393 0.0414 0.0455 0.0497 0.0538 0.0580
183+-6 to -7 22 0.0373 0.0416 0.0438 0.0482 0.0526 0.0570 0.0614
184+-8 to -9 23 0.0392 0.0439 0.0463 0.0509 0.0555 0.0601 0.0648
185+-10 to -11 24 0.0413 0.0462 0.0486 0.0536 0.0584 0.0633 0.0682
186+-12 to -13 25 0.0433 0.0485 0.0510 0.0562 0.0613 0.0664 0.0716
187+-14 to -15 26 0.0454 0.0508 0.0535 0.0589 0.0643 0.0697 0.0751
188+-16 to -17 27 0.0474 0.0530 0.0559 0.0615 0.0671 0.0728 0.0785
189+-18 to -19 28 0.0494 0.0554 0.0583 0.0642 0.0701 0.0760 0.0819
190+-20 to -21 29 0.0515 0.0576 0.0607 0.0669 0.0730 0.0791 0.0853
191+-22 to -23 30 0.0535 0.0599 0.0631 0.0695 0.0759 0.0823 0.0887
192+-24 to -25 31 0.0555 0.0621 0.0654 0.0721 0.0788 0.0854 0.0921
193+More than -25 32 0.0565 0.0633 0.0666 0.0734 0.0801 0.0868 0.0935
194+33
195+232
196+-6- (IV) THE SUPPORT SURCHARGE RATE , WHICH IS THE RATE1
197+DEDICATED TO EMPLOYER SUPPORT SURCHARGE PAYMENTS DEPOSITED2
198+INTO THE EMPLOYMENT SUPPORT FUND , THE BENEFIT RECOVERY FUND,3
199+AND THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND , IS4
200+CALCULATED USING THE FOLLOWING SUPPORT SURCHARGE RATE5
201+SCHEDULE:6
202+232-7- Support Surcharge Rate Schedule 1
203+2Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio Reserve Ratio
204+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
205+Eligible 4
206+Employers 5
207+Percent of Excess 6
208++20 or more 7 0.0005 0.0006 0.0006 0.0006 0.0007 0.0007 0.0007
209++18 to +19 8 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
210++16 to +17 9 0.0006 0.0006 0.0006 0.0007 0.0007 0.0008 0.0008
211++14 to +15 10 0.0006 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009
212++12 to +13 11 0.0007 0.0007 0.0007 0.0008 0.0009 0.0009 0.0010
213++10 to +11 12 0.0007 0.0008 0.0009 0.0009 0.0010 0.0011 0.0012
214++8 to +9 13 0.0009 0.0010 0.0011 0.0012 0.0013 0.0014 0.0015
215++6 to +7 14 0.0012 0.0013 0.0013 0.0015 0.0016 0.0017 0.0019
216++4 to +5 15 0.0014 0.0015 0.0016 0.0018 0.0019 0.0021 0.0022
217++2 to +3 16 0.0019 0.0021 0.0022 0.0025 0.0027 0.0029 0.0031
218++0 to +1 17 0.0027 0.0030 0.0032 0.0035 0.0038 0.0041 0.0044
219+Unrated 18 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017
220+-0 to -1 19 0.0035 0.0039 0.0041 0.0045 0.0049 0.0053 0.0057
221+-2 to -3 20 0.0037 0.0041 0.0043 0.0048 0.0052 0.0056 0.0061
222+-4 to -5 21 0.0039 0.0044 0.0046 0.0051 0.0055 0.0060 0.0064
223+-6 to -7 22 0.0041 0.0046 0.0049 0.0053 0.0058 0.0063 0.0068
224+-8 to -9 23 0.0044 0.0049 0.0051 0.0056 0.0062 0.0067 0.0072
225+-10 to -11 24 0.0046 0.0051 0.0054 0.0059 0.0065 0.0070 0.0076
226+-12 to -13 25 0.0048 0.0054 0.0057 0.0062 0.0068 0.0074 0.0080
227+-14 to -15 26 0.0050 0.0056 0.0059 0.0065 0.0071 0.0077 0.0083
228+-16 to -17 27 0.0053 0.0059 0.0062 0.0068 0.0075 0.0081 0.0087
229+-18 to -19 28 0.0055 0.0061 0.0065 0.0071 0.0078 0.0084 0.0091
230+-20 to -21 29 0.0057 0.0064 0.0067 0.0074 0.0081 0.0088 0.0095
231+-22 to -23 30 0.0059 0.0067 0.0070 0.0077 0.0084 0.0091 0.0099
232+-24 to -25 31 0.0062 0.0069 0.0073 0.0080 0.0087 0.0095 0.0102
233+More than -25 32 0.0063 0.0070 0.0074 0.0081 0.0089 0.0096 0.0104
234+33
235+232 -8- (h) No later than January 1, 2013, The division shall develop AND1
236+MAINTAIN an online computer application that allows employers to review2
237+and manage account information. The online computer application shall3
238+include at least the following:4
239+(I) A method for employers to file premium WAGE reports and5
240+make premium payments;6
241+SECTION 3. In Colorado Revised Statutes, 8-77-103, amend7
242+(3)(c) as follows:8
243+8-77-103. Advances from federal unemployment trust fund -9
244+Title XII repayment fund. (3) (c) Money in the fund is continuously10
245+appropriated to the division to repay federal advances received pursuant11
215246 to this section,
216-ANY COSTS ASSOCIATED WITH BONDS OR NOTES ISSUED
217-PURSUANT TO SECTION
218-8-71-103 OR 8-77-103.5, and any interest owing
247+ANY COSTS ASSOCIATED WITH BONDS OR NOTES ISSUED12
248+PURSUANT TO SECTION 8-71-103 OR 8-77-103.5, and any interest owing13
219249 on such
220- FEDERAL advances, BONDS, OR NOTES, AS PERMITTED BY THE
221-FEDERAL
222-"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE
223-ACT MAY BE SUBSEQUENTLY AMENDED
224-, AND BY ANY OTHER APPLICABLE
225-FEDERAL LAW
226-.
227-SECTION 4. In Colorado Revised Statutes, 8-77-109, amend
228-(1)(b), (2)(a), and (2)(a.9)(II)(A); repeal (5); and add (6) as follows:
229-8-77-109. Employment support fund - employment and
230-training technology fund - created - uses - repeal. (1) (b) There is
231-hereby established the employment support fund. This fund consists of
232-the first 0.00145
233- 59.46 PERCENT OF THE SUPPORT SURCHARGE RATE
234-assessed ANNUALLY as part of each employer's premium under section
235-8-76-102.5 (3)(a) SUPPORT SURCHARGE RATE PAYMENTS PAID AND
236-DEDICATED TO THE EMPLOYMENT SUPPORT FUND IN ACCORDANCE WITH
237-SECTION
238-8-76-102.5 (3)(a)(IV).
239-(2) (a) (I) (A) E
240-XCEPT AS SET FORTH IN SUBSECTION (2)(a)(II) OF
241-THIS SECTION AND EXCEPT AS PROVIDED IN SUBSECTION
242- (2)(a)(I)(B) OF
243-THIS SECTION
244-, the state treasurer shall credit the money collected pursuant
245-to this section to the employment support fund created in subsection (1)
246-of this section. except that,(B) To the extent allowed by the United States department of
247-labor employment training administration, the state treasurer shall credit
248-.00035
249- 18.92 PERCENT of each employer's premium under section
250-PAGE 7-SENATE BILL 23-232 -7- 8-76-102.5 (3)(a) ANNUAL SUPPORT SURCHARGE RATE DETERMINED
251-PURSUANT TO SECTION
252-8-76-102.5 (3)(a)(IV) to the benefit recovery fund,
253-created in section 8-73-116,
254- up to a maximum of fifteen million dollars
255-each year.
256-(II) (A) At the end of the state fiscal year 2023-24 STATE FISCAL
257-YEAR
258-, THE STATE TREASURER SHALL CREDIT any money in theemployment support fund COLLECTED PURSUANT TO THIS SECTION that
259-exceeds the total of a .0011 assessed as part of each employer's premium
260-plus seventeen million WOULD CAUSE THE BALANCE IN THE EMPLOYMENT
261-SUPPORT FUND TO EXCEED THIRTY
262--TWO MILLION FIVE HUNDRED
263-THOUSAND
264- dollars shall be transferred by the state treasurer
265- to the
266-unemployment compensation fund. created in section 8-77-101 (1).
267-(B) AT THE END OF THE 2024-25 STATE FISCAL YEAR AND EACH
268-STATE FISCAL YEAR THEREAFTER
269-, THE LIMIT ON THE AMOUNT OF MONEY
270-IN THE EMPLOYMENT SUPPORT FUND SPECIFIED IN SUBSECTION
271-(2)(a)(II)(A) OF THIS SECTION SHALL BE ADJUSTED BASED ON THE CHANGE
272-IN AVERAGE WEEKLY EARNINGS
273-, AS DETERMINED IN ACCORDANCE WITH
274-SECTION
275-8-73-102 (1), IN THE IMMEDIATELY PRECEDING STATE FISCAL
276-YEAR
277-, AND THE STATE TREASURER SHALL CREDIT ANY AMOUNT THAT
278-EXCEEDS THE AMOUNT SPECIFIED IN SUBSECTION
279- (2)(a)(II)(A) OF THIS
280-SECTION
281-, AS ADJUSTED PURSUANT TO THIS SUBSECTION (2)(a)(II)(B), TO
282-THE UNEMPLOYMENT COMPENSATION FUND
283-.
250+ FEDERAL advances, BONDS, OR NOTES, AS PERMITTED BY THE14
251+FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE15
252+ACT MAY BE SUBSEQUENTLY AMENDED , AND BY ANY OTHER APPLICABLE16
253+FEDERAL LAW.17
254+SECTION 4. In Colorado Revised Statutes, 8-77-109, amend18
255+(1)(b), (2)(a), and (2)(a.9)(II)(A); repeal (5); and add (6) as follows:19
256+8-77-109. Employment support fund - employment and20
257+training technology fund - created - uses - repeal. (1) (b) There is21
258+hereby established the employment support fund. This fund consists of22
259+the first 0.00145 59.46 PERCENT OF THE SUPPORT SURCHARGE RATE23
260+assessed
261+ANNUALLY as part of each employer's premium under section
262+24
263+8-76-102.5 (3)(a) SUPPORT SURCHARGE RATE PAYMENTS PAID AND25
264+DEDICATED TO THE EMPLOYMENT SUPPORT FUND IN ACCORDANCE WITH26
265+SECTION 8-76-102.5 (3)(a)(IV).27
266+232-9- (2) (a) (I) (A) EXCEPT AS SET FORTH IN SUBSECTION (2)(a)(II) OF1
267+THIS SECTION AND EXCEPT AS PROVIDED IN SUBSECTION (2)(a)(I)(B) OF2
268+THIS SECTION, the state treasurer shall credit the money collected pursuant3
269+to this section to the employment support fund created in subsection (1)4
270+of this section. except that,5
271+(B) To the extent allowed by the United States department of6
272+labor employment training administration, the state treasurer shall credit7
273+.00035 18.92 PERCENT of each employer's premium under section8
274+8-76-102.5 (3)(a) ANNUAL SUPPORT SURCHARGE RATE DETERMINED9
275+PURSUANT TO SECTION 8-76-102.5 (3)(a)(IV) to the benefit recovery fund,10
276+created in section 8-73-116, up to a maximum of fifteen million dollars11
277+each year.12
278+(II) (A) At the end of the state fiscal year 2023-24 STATE FISCAL13
279+YEAR, THE STATE TREASURER SHALL CREDIT any money in the14
280+employment support fund COLLECTED PURSUANT TO THIS SECTION that15
281+exceeds the total of a .0011 assessed as part of each employer's premium16
282+plus seventeen million WOULD CAUSE THE BALANCE IN THE EMPLOYMENT17
283+SUPPORT FUND TO EXCEED THIRTY -TWO MILLION FIVE HUNDRED18
284+THOUSAND dollars shall be transferred by the state treasurer to the19
285+unemployment compensation fund. created in section 8-77-101 (1).20
286+(B) A
287+T THE END OF THE 2024-25 STATE FISCAL YEAR AND EACH21
288+STATE FISCAL YEAR THEREAFTER, THE LIMIT ON THE AMOUNT OF MONEY22
289+IN THE EMPLOYMENT SUPPORT FUND SPECIFIED IN SUBSECTION23
290+(2)(a)(II)(A)
291+OF THIS SECTION SHALL BE ADJUSTED BASED ON THE CHANGE24
292+IN AVERAGE WEEKLY EARNINGS , AS DETERMINED IN ACCORDANCE WITH25
293+SECTION 8-73-102 (1), IN THE IMMEDIATELY PRECEDING STATE FISCAL26
294+YEAR, AND THE STATE TREASURER SHALL CREDIT ANY AMOUNT THAT27
295+232-10- EXCEEDS THE AMOUNT SPECIFIED IN SUBSECTION (2)(a)(II)(A) OF THIS1
296+SECTION, AS ADJUSTED PURSUANT TO THIS SUBSECTION (2)(a)(II)(B), TO2
297+THE UNEMPLOYMENT COMPENSATION FUND .3
284298 (C) A
285-NY AMOUNT CREDITED TO THE UNEMPLOYMENT
286-COMPENSATION FUND PURSUANT TO THIS SUBSECTION
287- (2)(a)(II) IS NOT
288-INCLUDED IN THE CALCULATION OF AN EMPLOYER
289-'S ANNUAL EXPERIENCE
290-RATE
291-.
292-(III) The general assembly shall appropriate the money in the
293-employment support fund annually to the department of labor and
294-employment:
299+NY AMOUNT CREDITED TO THE UNEMPLOYMENT4
300+COMPENSATION FUND PURSUANT TO THIS SUBSECTION (2)(a)(II) IS NOT5
301+INCLUDED IN THE CALCULATION OF AN EMPLOYER 'S ANNUAL EXPERIENCE6
302+RATE.7
303+(III) The general assembly shall appropriate the money in the8
304+employment support fund annually to the department of labor and9
305+employment:10
295306 (I)
296- (A) To be used to offset funding deficits for program
297-administration, including information technology initiatives, under the
298-provisions of articles 70 to 83 of this title
299- TITLE 8 and to further support
300-programs to strengthen unemployment fund solvency; and
301-(II) (A) (B) To fund labor standards, labor relations, and the
302-Colorado works grievance procedure under the provisions of articles 1 to
303-6, 9, 10, 12, and 13 of this title
304- TITLE 8 and section 26-2-716 (3)(b).
305-PAGE 8-SENATE BILL 23-232 -8- C.R.S.
306-(B) (Deleted by amendment, L. 2003, p. 2181, § 1, effective June
307-3, 2003.)
308-(C) Repealed.
309-(a.9) (II) (A) The employment and training technology fund,
310-referred to in this subsection (2)(a.9) as the "fund", is created in the state
311-treasury. Notwithstanding any provision of this subsection (2) to the
312-contrary, on and after April 27, 2021, 0.0004 assessed against
313- THE STATE
314-TREASURER SHALL CREDIT
315-21.62 PERCENT OF each employer's premiumunder section 8-76-102.5 (3)(a) shall be credited ANNUAL SUPPORT
316-SURCHARGE RATE UNDER SECTION
317-8-76-102.5 (3)(a)(IV) to the
318-employment and training technology fund. On and after April 27, 2021,
319-and on or before June 30, 2023, if cumulative revenue to the employment
320-and training technology fund equals thirty-one million dollars, less any
321-money transferred to the unemployment compensation fund, no additional
322-money shall be credited to the employment and training technology fund
323-but instead shall be allocated to the unemployment compensation fund.
324-On and after July 1, 2023, any amount collected in a fiscal year in excess
325-of seven million dollars under this subsection (2)(a.9)(II) shall be credited
326-TO THE FUND AND THEN TRANSFERRED to the unemployment
327-compensation fund. Money in the fund shall be used for employment and
328-training automation initiatives established by the director of the division.
329-Money in the fund is subject to annual appropriation by the general
330-assembly for the purposes of this subsection (2)(a.9) and shall not revert
331-to the general fund or any other fund at the end of any fiscal year. The
332-money in the fund is exempt from section 24-75-402. At any time, the
333-money in the employment and training technology fund may be
334-appropriated by the general assembly to the unemployment compensation
335-fund or allocated to the unemployment compensation fund at the
336-discretion of the executive director of the department of labor and
337-employment.
307+ (A) To be used to offset funding deficits for program11
308+administration, including information technology initiatives, under the12
309+provisions of articles 70 to 83 of this title TITLE 8 and to further support13
310+programs to strengthen unemployment fund solvency; and14
311+(II) (A) (B) To fund labor standards, labor relations, and the15
312+Colorado works grievance procedure under the provisions of articles 1 to16
313+6, 9, 10, 12, and 13 of this title TITLE 8 and section 26-2-716 (3)(b).17
314+C.R.S.18
315+(B) (Deleted by amendment, L. 2003, p. 2181, § 1, effective June19
316+3, 2003.)20
317+(C) Repealed.21
318+(a.9) (II) (A) The employment and training technology fund,22
319+referred to in this subsection (2)(a.9) as the "fund", is created in the state23
320+treasury. Notwithstanding any provision of this subsection (2) to the24
321+contrary, on and after April 27, 2021, 0.0004 assessed against THE STATE25
322+TREASURER SHALL CREDIT 21.62 PERCENT OF each employer's premium26
323+under section 8-76-102.5 (3)(a) shall be credited ANNUAL SUPPORT27
324+232-11- SURCHARGE RATE UNDER SECTION 8-76-102.5 (3)(a)(IV) to the1
325+employment and training technology fund. On and after April 27, 2021,2
326+and on or before June 30, 2023, if cumulative revenue to the employment3
327+and training technology fund equals thirty-one million dollars, less any4
328+money transferred to the unemployment compensation fund, no additional5
329+money shall be credited to the employment and training technology fund6
330+but instead shall be allocated to the unemployment compensation fund.7
331+On and after July 1, 2023, any amount collected in a fiscal year in excess8
332+of seven million dollars under this subsection (2)(a.9)(II) shall be credited9
333+TO THE FUND AND THEN TRANSFERRED to the unemployment10
334+compensation fund. Money in the fund shall be used for employment and11
335+training automation initiatives established by the director of the division.12
336+Money in the fund is subject to annual appropriation by the general13
337+assembly for the purposes of this subsection (2)(a.9) and shall not revert14
338+to the general fund or any other fund at the end of any fiscal year. The15
339+money in the fund is exempt from section 24-75-402. At any time, the16
340+money in the employment and training technology fund may be17
341+appropriated by the general assembly to the unemployment compensation18
342+fund or allocated to the unemployment compensation fund at the19
343+discretion of the executive director of the department of labor and20
344+employment.21
338345 (5) The department shall conduct a study with the United States
339-department of labor and any relevant stakeholders to evaluate the
340-employment support fund and determine what steps may be necessary to
341-ensure the fund conforms with federal law. The department shall report
342-the findings of the study to the house committee on business affairs and
343-labor and the senate committee on business, labor, and technology by
344-December 15, 2022.
345-PAGE 9-SENATE BILL 23-232 -9- (6) (a) THE PORTION OF EACH EMPLOYER 'S SUPPORT SURCHARGE
346-RATE THAT THE EMPLOYER PAID AND THAT IS DEDICATED TO THE
347-EMPLOYMENT SUPPORT FUND PURSUANT TO SECTION
348-8-76-102.5
346+22
347+department of labor and any relevant stakeholders to evaluate the23
348+employment support fund and determine what steps may be necessary to24
349+ensure the fund conforms with federal law. The department shall report25
350+the findings of the study to the house committee on business affairs and26
351+labor and the senate committee on business, labor, and technology by27
352+232-12- December 15, 2022.1
353+(6) (a) T
354+HE PORTION OF EACH EMPLOYER 'S SUPPORT SURCHARGE2
355+RATE THAT THE EMPLOYER PAID AND THAT IS DEDICATED TO THE3
356+EMPLOYMENT SUPPORT FUND PURSUANT TO SECTION 8-76-102.54
349357 (3)(a)(IV),
350-TO THE BENEFIT RECOVERY FUND PURSUANT TO SECTION
351-8-73-116, AND TO THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND
352-PURSUANT TO SUBSECTION
353- (2)(a.9)(II)(A) OF THIS SECTION:
358+TO THE BENEFIT RECOVERY FUND PURSUANT TO SECTION5
359+8-73-116,
360+ AND TO THE EMPLOYMENT AND TRAINING TECHNOLOGY FUND6
361+PURSUANT TO SUBSECTION (2)(a.9)(II)(A) OF THIS SECTION:7
354362 (I) I
355-S NOT INCLUDED IN THE CALCULATION OF THE EMPLOYER 'S
356-ANNUAL EXPERIENCE RATE AND CREDIT UNDER THE
357-"FEDERAL
358-UNEMPLOYMENT TAX ACT", 26 U.S.C. SEC. 3301 ET SEQ.; AND
359-(II) MUST BE IMMEDIATELY DEPOSITED , UPON PAYMENT, INTO A
360-SEPARATE ACCOUNT
361-, UNRELATED TO THE UNEMPLOYMENT COMPENSATION
362-FUND
363-.
363+S NOT INCLUDED IN THE CALCULATION OF THE EMPLOYER 'S8
364+ANNUAL EXPERIENCE RATE AND CREDIT UNDER THE "FEDERAL9
365+U
366+NEMPLOYMENT TAX ACT", 26 U.S.C. SEC. 3301 ET SEQ.; AND10
367+(II) M
368+UST BE IMMEDIATELY DEPOSITED , UPON PAYMENT, INTO A11
369+SEPARATE ACCOUNT, UNRELATED TO THE UNEMPLOYMENT COMPENSATION12
370+FUND.13
364371 (b) A
365-NY MONEY TRANSFERRED FROM THE EMPLOYMENT SUPPORT
366-FUND
367-, THE BENEFIT RECOVERY FUND, OR THE EMPLOYMENT AND TRAINING
368-TECHNOLOGY FUND TO THE UNEMPLOYMENT COMPENSATION FUND
369-PURSUANT TO THIS SECTION IS NOT USED IN CALCULATING THE
370-EMPLOYER
371-'S EXPERIENCE RATE OR PERCENT OF EXCESS FOR THE
372-STANDARD PREMIUM RATE SCHEDULE
373-.
374-SECTION 5. In Colorado Revised Statutes, 8-79-104, amend
375-(1)(a)(II)(A) and (1)(d) as follows:
376-8-79-104. Failure to file true report - penalty. (1) (a) (II) (A) It
377-is the responsibility of each employer subject to articles 70 to 82 of this
372+NY MONEY TRANSFERRED FROM THE EMPLOYMENT SUPPORT14
373+FUND, THE BENEFIT RECOVERY FUND, OR THE EMPLOYMENT AND TRAINING15
374+TECHNOLOGY FUND TO THE UNEMPLOYMENT COMPENSATION FUND16
375+PURSUANT TO THIS SECTION IS NOT USED IN CALCULATING THE17
376+EMPLOYER'S EXPERIENCE RATE OR PERCENT OF EXCESS FOR THE18
377+STANDARD PREMIUM RATE SCHEDULE .19
378+SECTION 5. In Colorado Revised Statutes, 8-79-104, amend20
379+(1)(a)(II)(A) and (1)(d) as follows:21
380+8-79-104. Failure to file true report - penalty. (1) (a) (II) (A) It22
381+is the responsibility of each employer subject to articles 70 to 82 of this23
378382 title
379- TITLE 8 to file true and accurate reports, whether or not premiums or
380-surcharges are due, and to pay all premiums and surcharges when due.
381-Whenever an employer fails to furnish premium
382- WAGE reports required
383-by the division by the due date, the division shall assess against the
384-employer a penalty of fifty dollars for each occurrence; except that an
385-"employer newly subject" as defined by section 8-76-102.5 (4) shall be
386-assessed a penalty of ten dollars for each occurrence during the first four
387-quarters of coverage. Each subsequent quarter in which the employer
383+ TITLE 8 to file true and accurate reports, whether or not premiums or24
384+surcharges are due, and to pay all premiums and surcharges when due.25
385+Whenever an employer fails to furnish premium WAGE reports required26
386+by the division by the due date, the division shall assess against the27
387+232-13- employer a penalty of fifty dollars for each occurrence; except that an1
388+"employer newly subject" as defined by section 8-76-102.5 (4) shall be2
389+assessed a penalty of ten dollars for each occurrence during the first four3
390+quarters of coverage. Each subsequent quarter in which the employer4
388391 continues the failure to file the
389-WAGE reports shall be considered a
390-separate occurrence. Penalties collected by the division pursuant to this
392+WAGE reports shall be considered a5
393+separate occurrence. Penalties collected by the division pursuant to this6
391394 sub-subparagraph (A)
392- SUBSECTION (1)(a)(II)(A) shall be paid into the
393-unemployment revenue fund.
394-(d) Any penalty imposed pursuant to this subsection (1) shall be
395-waived if good cause is shown for failing to pay the premiums or
396-PAGE 10-SENATE BILL 23-232 -10- surcharges or to make premium WAGE reports, as prescribed by rule of the
397-division. Penalties under this subsection (1) that are unpaid on the date on
398-which they are due shall bear interest at the same rate and in the same
399-manner as unpaid premiums and surcharges under articles 70 to 82 of this
400-title
401- TITLE 8. The provisions of section 13-80-108 (9) C.R.S., shall be
402-used for determining when an offense is committed for the purposes of
403-this subsection (1).
404-SECTION 6. Safety clause. The general assembly hereby finds,
405-determines, and declares that this act is necessary for the immediate
406-preservation of the public peace, health, or safety.
407-____________________________ ____________________________
408-Steve Fenberg
409-Julie McCluskie
410-PRESIDENT OF SPEAKER OF THE HOUSE
411-THE SENATE OF REPRESENTATIVES
412-____________________________ ____________________________
413-Cindi L. Markwell Robin Jones
414-SECRETARY OF CHIEF CLERK OF THE HOUSE
415-THE SENATE OF REPRESENTATIVES
416- APPROVED________________________________________
417- (Date and Time)
418- _________________________________________
419- Jared S. Polis
420- GOVERNOR OF THE STATE OF COLORADO
421-PAGE 11-SENATE BILL 23-232 -11-
395+ SUBSECTION (1)(a)(II)(A) shall be paid into the7
396+unemployment revenue fund.8
397+(d) Any penalty imposed pursuant to this subsection (1) shall be9
398+waived if good cause is shown for failing to pay the premiums or10
399+surcharges or to make premium WAGE reports, as prescribed by rule of the11
400+division. Penalties under this subsection (1) that are unpaid on the date on12
401+which they are due shall bear interest at the same rate and in the same13
402+manner as unpaid premiums and surcharges under articles 70 to 82 of this14
403+title TITLE 8. The provisions of section 13-80-108 (9) C.R.S., shall be15
404+used for determining when an offense is committed for the purposes of16
405+this subsection (1).17
406+ 18
407+SECTION 6. Safety clause. The general assembly hereby finds,19
408+determines, and declares that this act is necessary for the immediate20
409+preservation of the public peace, health, or safety.21
410+232-14-