NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 08-204
      
      
      BY SENATOR(S) Veiga;
      also REPRESENTATIVE(S) Carroll T., and Madden.
      
      
      Concerning an exception to the requirement that decisions be
           issued on every claim submitted for unemployment benefits.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  8-74-102 (1), Colorado Revised Statutes, is amended
      to read:
      
           8-74-102.  Deputy's decision.  (1)  Upon receipt of a claim, the
      division shall notify any other interested parties of the claim by mail or
      electronic means in accordance with such rules as the director of the
      division may promulgate.  Such interested parties shall be afforded twelve
      calendar days after the date of such notice of the claim to present any
      information pertinent to the claim by mail, telephone, or electronic means
      in accordance with such rules as the director of the division may
      promulgate.  Such information shall be received by the division within
      twelve calendar days after said date.  If the twelfth calendar day falls on a
      weekend or a state holiday, such date shall be moved to the first working
      day immediately following such weekend or holiday.  The interested party
      may present information out of time only if good cause is shown.  A deputy
      to be designated by the director of the division shall promptly examine all
      materials submitted.  Whenever information submitted is not clearly
      adequate to substantiate a decision, the deputy shall promptly seek the
      necessary information.  If it is necessary to obtain information by mail from
      any source, the information shall be received by the division no later than
      seven calendar days after the date of the request for information.  On the
      basis of the deputy's review, the deputy shall determine the validity of the
      claim and, if valid, when payment shall commence, the amount payable, and
      the duration of payment.  The deputy shall issue a decision in all cases, even
      if the claimant has insufficient qualifying wages, unless the interested
      employer did not receive notice of the claim, except when the separation
      from employment is due to a lack of work and no alleged disqualifying
      circumstances are indicated, or unless the claimant did not file a
      continued claim.  The deputy's decision shall set forth findings of fact,
      conclusions of law, and an order.  The division shall promptly provide all
      interested parties with copies of the deputy's decision.
      
           SECTION 2.  Effective date - applicability.  (1)  This act shall take
      effect at 12:01 a.m. on the day following the expiration of the ninety-day
      period after final adjournment of the general assembly that is allowed for
      submitting a referendum petition pursuant to article V, section 1 (3) of the
      state constitution, (August 6, 2008, if adjournment sine die is on May 7,
      2008); except that, if a referendum petition is filed against this act or an
      item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
           (2)  The provisions of this act shall apply to claims received by the
      division of employment and training on or after the applicable effective date
      of this act.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                        Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO