BY REPRESENTATIVES Reeser, McPherson, Dyer, Mace, Tate, and Zimmerman;
also SENATORS Schroeder and Arnold.
CONCERNING CHANGES TO OBSOLETE PROVISIONS OF THE
"COLORADO EMPLOYMENT SECURITY ACT", AND, IN CONNECTION
THEREWITH, REPEALING OBSOLETE STATUTORY PROVISIONS AND MODIFYING
WAITING PERIOD AND BETWEENCLAIM EARNINGS REQUIREMENTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 873102
(4), Colorado Revised Statutes, is amended to read:
873102. Weekly benefit
amount for total unemployment. (4) There
shall be deducted from the weekly benefit amount that part of
wages payable to such individual with respect to such week which
THAT is in excess of twentyfive percent of his
THE weekly benefit amount, and the weekly benefit amount resulting
shall be computed to the next lower multiple of one dollar. except
that this provision shall not apply to the stipend received by
claimants participating in an internship program under section
873107 (4).
SECTION 2. 870103
(5), Colorado Revised Statutes, is amended to read:
870103. Definitions.
As used in articles 70 to 82 of this title, unless the context
otherwise requires:
(5) "Calendar day" means a full
day beginning and ending at 12 midnight. As used in connection
with appeal or protest periods, calendar days begin to be counted
on the day after the date appearing on a notice issued by the
division and continue consecutively for the number of days in
the appeal or protest period. IF THE LAST DAY OF ANY PERIOD SET
FORTH IN ARTICLES 70 TO 82 OF THIS TITLE IS A SATURDAY, SUNDAY,
OR LEGAL HOLIDAY, THE PERIOD IS EXTENDED TO INCLUDE THE NEXT DAY
THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
SECTION 3. The
introductory portion to 873107 (1) (d) and 873107
(2) and (4) (b), Colorado Revised Statutes, are amended to read:
873107. Eligibility conditions
penalty. (1) Any unemployed
individual shall be eligible to receive benefits with respect
to any week only if the division finds that:
(d) He
THE INDIVIDUAL has been either totally or partially unemployed
for a waiting period of one week. NO BENEFITS ARE PAYABLE FOR
THE WAITING PERIOD. No week shall be counted as a week of unemployment
for the purposes of this paragraph (d):
(2) An individual who has received compensation
during his
THE INDIVIDUAL'S benefit year is required to have worked for an
employer as defined in section 870113 since the beginning
of such year and to have received
EARNED at least two thousand dollars as remuneration for such
employment in order to qualify for compensation in his
THE next benefit year.
(4) (b) (I) As
used in this paragraph (a) of this subsection (4), "in training
with the approval of the division" includes participation
in an internship program established by an employment office or
its equivalent in cooperation with a service delivery area.
(II) As used in this paragraph
(b):
(A) "Equivalent" means
an office or organization functioning as an employment office
under contract with the state.
(B) "Internemployer"
means any public or private entity which trains a claimant under
the terms and conditions of this paragraph (b).
(C) "Internship" means
a voluntary training program for claimants in which the claimant
receives a stipend in addition to his weekly unemployment benefits
and works for an internemployer in order to receive job
training with the expectation that after such training the internemployer
will offer the claimant employment.
(D) "Service delivery area"
means a political subdivision or combination of political subdivisions
designated under the federal "Job Training Partnership Act",
29 U.S.C. sec. 1501 et seq., and amendments thereto, to provide
training for the economically disadvantaged and others who have
encountered barriers to employment.
(E) "Stipend" means
the amount paid to the claimant for participation in the internship
program which is in addition to his weekly unemployment benefits.
(III) A service delivery area
shall plan and implement internships for individual claimants
by:
(A) Identifying and contracting
with internemployers to train and subsequently attempt to
place claimants in jobs;
(B) Assessing and collecting a
fee for its services from the internemployer, which fee
shall include the total amount of the claimant's stipend and any
administrative costs incurred by the service delivery area in
connection with the claimant's internship, with such administrative
costs not to exceed ten percent of the sum of the claimant's total
unemployment benefits while in the internship program and the
total amount of the stipend paid to the claimant;
(C) Determining the appropriate
length of the internship, which shall not exceed the average duration
of receipt of unemployment benefits in the state of Colorado for
the previous calendar year as determined by the division, or three
months, whichever is shorter; and
(D) Determining the amount of
and paying a biweekly stipend to the claimant, which stipend shall
be a sum in excess of the claimant's associated training costs,
if any, for expenses such as transportation, child care, required
medical examinations, uniforms, and job equipment.
(IV) A claimant who wishes to
voluntarily participate in an internship program offered to him
by an employment office or equivalent:
(A) Shall receive a biweekly stipend
in addition to his normal weekly
benefit amount pursuant to section 873102, notwithstanding
the provisions of section 873102 (4);
(B) Shall contact the service
delivery area as directed by the employment office or equivalent
to enroll in the internship program;
(C) May accept or reject assignment
to an internemployer if offered by the service delivery
area;
(D) May discontinue participation
in the internship program at any time without affecting his entitlement
to benefits as provided elsewhere in the "Colorado Employment
Security Act", articles 70 to 82 of this title; and
(E) May reject an offer of employment
at the conclusion of the internship program. However, such refusal
may affect his entitlement to continued benefits as provided elsewhere
in the "Colorado Employment Security Act", articles
70 to 82 of this title.
(V) Service delivery areas shall
evaluate internemployers and shall contract only with those
internemployers who:
(A) Agree that no internship shall
be initiated while the internemployer is involved in a strike
or lockout;
(B) Agree that no claimant participating
in the internship program shall displace any current employee;
(C) Subscribe to state and federal
law and regulation regarding discriminatory and unfair employment
practices; and
(D) In prior contracts, if any,
with the service delivery area, have offered claimants appropriate
jobs following completion of internships or have failed to do
so in circumstances the service delivery area deems justifiable.
SECTION 4. Repeal.
873108 (4) (q), Colorado Revised Statutes, is
repealed as follows:
873108. Benefit awards.
(4) Full award. An individual separated from
a job shall be given a full award of benefits if any of the following
reasons and pertinent conditions related thereto are determined
by the division to have existed. The determination of whether
or not the separation from employment shall result in a full award
of benefits shall be the responsibility of the division. The
following reasons shall be considered, along with any other factors
which may be pertinent to such determination:
(q) (I) Being
discharged because the employer rehired or reinstated an employee
who is or was a member of the United States military reserves
or the national guard and who is returning from service in the
war in the Persian Gulf.
(II) Any benefits awarded to the
claimant under the provisions of subparagraph (I) of this paragraph
(q) and normally chargeable to the employer will be charged to
the fund.
SECTION 5. 3921108
(3) (a) (II), Colorado Revised Statutes, is amended to read:
3921108. Refunds.
(3) (a) (II) Any moneys withheld for payment
of an unemployment compensation benefit debt pursuant to this
subsection (3) shall be deposited with the state treasurer and
credited to the unemployment compensation fund. For
all names and amounts certified by the division of employment
and training pursuant to section 881101 (4) (d) (I),
C.R.S., FOR PERSONS REQUIRED TO REPAY
BENEFIT OVERPAYMENTS IN ACCORDANCE WITH SECTION 881101
(4) (a), Colorado Revised Statutes, the executive director of
the department of revenue shall provide to said division the taxpayer
names and associated amounts deposited with the state treasurer.
SECTION 6. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO