NOTE: The governor signed this measure on 4/4/2013.
      
      
      HOUSE BILL 13-1124
      
      
      BY REPRESENTATIVE(S) Pabon and Stephens, Williams, Melton, Duran,
      Hullinghorst, Labuda, Young;
      also SENATOR(S) Jahn, Tochtrop, Newell.
      
      
      Concerning the reduction of improper unemployment insurance
           benefit payments through compliance with the federal
           "Trade Adjustment Assistance Extension Act of 2011", and,
           in connection therewith, making an appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 8-79-102, add (5) as
      follows:
      
           8-79-102.  Collection of premiums and surcharges, benefit
      overpayments, penalties, and interest - rules. (5) (a)  Notwithstanding
      any other provision of this title, the division shall charge an
      employer's account for an improper payment from the
      unemployment compensation fund if the division determines that:
      
           (I)  The payment was made because the employer, or an agent
      of the employer, was at fault for failing to respond timely or
      adequately to the request of the division for information relating
      to the claim for compensation; and
      
           (II)  The employer or agent has established a pattern of
      failing to respond timely or adequately to such requests.
      
           (b)  The division shall promulgate rules to specify what
      factors and frequency constitute a pattern of failing to respond
      timely or adequately for purposes of enforcing this subsection (5).
      
           SECTION 2.  In Colorado Revised Statutes, 8-81-101, amend (4)
      (a) (II) as follows:
      
           8-81-101.  Penalties. (4) (a) (II)  If any person receives any such an
      overpayment because of his or her false representation or willful failure to
      disclose a material fact, inequitability shall must not be a consideration in
      any civil, administrative, or criminal action, and the person shall be required
      to pay to the division the total amount of the overpayment which shall be
      paid plus a sixty-five percent monetary penalty. Of the monetary
      penalty, the division shall pay twenty-three percent into the
      unemployment trust compensation fund, plus a penalty of fifty percent of
      such  overpayment, which shall be paid created in section 8-77-101, and
      the remainder into the unemployment revenue fund, created in section
      8-77-106. In addition, such the person may be denied benefits, when
      otherwise eligible, for a four-week period for each one-week period in
      which such the person filed claims for or received benefits to which he or
      she was not entitled. The provisions of section 13-80-108 (9), C.R.S., shall
      be used for determining when an offense is committed for the purposes of
      this subparagraph (II).
      
           SECTION 3.  Appropriation. In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the 
      unemployment revenue fund created in section 8-77-106, Colorado Revised
      Statutes, not otherwise appropriated, to the department of labor and
      employment, for the fiscal year beginning July 1, 2013, the sum of
      $144,564, or so much thereof as may be necessary, for allocation to the
      division of unemployment insurance  related to the implementation of this
      act.
      
           SECTION 4.  Act subject to petition - effective date -
      applicability. (1)  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.
      
           (2)  This act applies to improper payments from the unemployment
      compensation fund on or after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO