HOUSE
                       3rd Reading Unamended
       April 22, 2013          HOUSE
       2nd Reading Unamended
                      April 19, 2013First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 13-0967.01 Kristen Forrestal x4217HOUSE BILL 13-1304
                    HOUSE SPONSORSHIP
 Moreno,  Exum, Hamner, Kraft-Tharp, Rosenthal, Ryden, Williams
 
                   SENATE SPONSORSHIP
 Guzman,  Aguilar, Carroll, Giron, Heath, Hodge, Hudak, Johnston, Jones, Kefalas, Kerr,
 Morse, Newell, Nicholson, Schwartz, Steadman, Tochtrop, Todd, Ulibarri
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business, Labor, Economic, & Workforce Development
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning eligibility for unemployment compensation
            benefits when unemployment is due to a lockout.
       
       
                           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
       http://www.leg.state.co.us/billsummaries.)
       
            The bill removes the distinction between an offensive lockout and
       a defensive lockout, making an individual eligible for unemployment
       compensation benefits whenever his or her unemployment is due to a
       lockout.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 8-73-109, amend (1)
       (b); and repeal (1) (a) (II), (1) (a) (IV), (1) (a) (V), (1) (c), and (1) (d) as
       follows:
            8-73-109.  Strikes or other labor disputes - definitions.
       (1) (a)  For purposes of this section:
            (II)  "Defensive lockout" means a lockout:
            (A)  Reasonably imposed by an employer to protect materials,
       property, or operations; or
            (B)  Where a union or two or more employees that are represented
       by the union take economic action against an employer and that action
       causes the employer to lock out; or
            (C)  By any member of a multiemployer bargaining unit or an
       employer engaged in coordinated bargaining with one or more other
       employers if such lockout is initiated because of a strike or labor dispute
       involving any member of such multiemployer bargaining unit or
       coordinated bargaining group.
            (IV)  "Multiemployer bargaining unit" means any group of two or
       more employers bargaining with a union as a single unit with the consent
       of each employer and the union.
            (V)  "Offensive lockout" means any lockout by an employer that
       does not satisfy the definition of a defensive lockout.
            (b) (I)  An individual is ineligible for unemployment compensation
       benefits for any week with respect to which the division finds that his or
       her total or partial unemployment is due to a strike or labor dispute in the
       factory, establishment, or other premises in which he or she was
       employed and thereafter for such reasonable period of time, if any, as may
       be necessary for such the factory, establishment, or other premises to
       resume normal operations.
            (II)  An individual is eligible for unemployment
       compensation benefits for any week with respect to which the
       division finds that his or her total or partial unemployment is
       due to a lockout.
            (c)  For the purposes of this section, a lockout by any member of
       a multiemployer bargaining unit or an employer engaged in coordinated
       bargaining with another employer shall constitute a labor dispute if such
       lockout was a defensive lockout. In accordance with paragraph (b) of this
       subsection (1), the employees laid off in such a defensive lockout are
       ineligible for unemployment compensation benefits.
            (d)  However, notwithstanding paragraph (b) of this subsection (1),
       if his or her unemployment is due to an offensive lockout initiated by the
       employer, the individual will be determined eligible for unemployment
       compensation benefits.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2014 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.