BY REPRESENTATIVES Musgrave, K. Alexander, Allen, Dean, Epps, Hagedorn, Miller, Pankey, Paschall, Pfiffner, Sullivant, T. Williams, and Young;
also SENATORS B. Alexander, Ament, Arnold, Congrove,
Norton, Powers, and Rizzuto.
CONCERNING THE DENIAL OF UNEMPLOYMENT COMPENSATION
BENEFITS TO CERTAIN PERSONS WHO ARE ADDICTED TO DRUGS OR ALCOHOL.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. The
introductory portion to 873108 (4) and 873108
(4) (b) (IV), Colorado Revised Statutes, are amended to read:
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
THAT may be pertinent to such determination:
(b) (IV) The offthejob
or onthejob use of not medically prescribed intoxicating
beverages or controlled substances, as defined in section 1222303
(7), C.R.S., may be reason for a determination for a full award
pursuant to this paragraph (b), but only if:
(A) The worker has declared to the division
that he OR SHE is addicted to intoxicating beverages or controlled
substances;
(B) The worker has substantiated the addiction
by a competent written medical statement issued by a physician
licensed to practice medicine pursuant to article 36 of title
12, C.R.S., or has substantiated the successful completion of,
or ongoing participation in, a treatment program as described
in subsubparagraph (C) of this subparagraph (IV) within
four weeks of the claimant's admission. Such substantiation shall
be in writing to the division and signed by an authorized representative
of the approved treatment program.
(C) A worker who is not affiliated with
an approved treatment program must present to the division within
four weeks after the date of the medical statement referred to
in subsubparagraph (B) of this subparagraph (IV), substantiation
of registration in a program of corrective action which
THAT will commence within four weeks after the date of the medical
statement and which
THAT is provided by an approved private treatment facility or
an approved public treatment facility as defined in section 251302
(2) or (3), C.R.S., or by an alcoholics anonymous program. Such
substantiation shall be in writing to the division and signed
by an authorized representative of the approved treatment program.
(D) The division substantiates
CERTIFIES and so
notifies the employer AND THE HEARING OFFICER that no prior award
under the provisions of this subparagraph (IV) has been made to
the worker within the preceding five
TEN years.
SECTION 2. 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