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COLORADO EMPLOYMENT SECURITY ACT
RECAP OF 2008 LEGISLATIVE CHANGES

2008 LEGISLATIVE SESSION

During the 2008 legislative session, the Colorado General Assembly enacted the following bills:

House Bill 08-1180, Unemployment Insurance Benefits Active Military Transfer

Statutory Reference:  Colorado Employment Security Act (CESA) as set forth by the Colorado Revised Statutes (CRS) 8-73-108 (4)(s)(I)(II)(III) and (IV)

House Bill (HB) 08-1180 extends UI benefits to spouses of military personnel who are transferred as part of their military responsibilities.  This bill does not impact an employer’s tax rate because benefits are not charged to the employer; they are charged to the UI Trust Fund.  The key points of HB 08-1180 removes the following limitations that a spouse’s military transfer must be:

  • During time of war or armed conflict.

  • Because of medical-related purposes.

Effective Date:  June 2, 2008

Signed by the Governor:  June 2, 2008

Senate Bill 08-114, Certification of Employee-Leasing Companies

Statutory Reference:  CESA 8-70-114 (2)(a), 8-70-114 (2)(b)(VII), 8-70-114 (2)(b)(VIII), and 8-70-114 (2)(e)

Senate Bill (SB) 08-114 modifies the certification process required for employee leasing companies (ELCs) to provide services to work-site employers in Colorado.  This bill authorizes the Executive Director to take disciplinary action against ELCs including probation, financial penalties, and revocation of certification.  SB 08-114 also updates definitions to reflect current ELC terminology.  In addition, the bill requires ELCs to:

  • Complete an initial certification with the Colorado Department of Labor and Employment (CDLE) by October 6, 2008, and pay a non-refundable annual fee of $500.

  • Pay wages and UI taxes for all covered employees. 

  • Apply the contract provisions of the Workers’ Compensation Act of Colorado to ELCs and work-site employers equally regardless of who holds the policy.

  • Submit proof of sufficient funds to pay UI taxes.

Effective Date:  August 5, 2008

Signed by the Governor:  May 20, 2008

Senate Bill 08-139, Notify Employers of the Federal Electronic Verification Program

Statutory Reference:  Part 1 of CRS title 8 of article 2, is amended by the addition of a new CRS section 8-2-124

SB 08-139 requires CDLE to include in a quarterly electronic publication distributed to employers, a statement notifying employers of the federal prohibition against hiring or continuing to employ illegal aliens.  A notification statement is featured in Publication UITR-25, Unemployment Insurance Quarterly News.  The statement shall include information about the Electronic Verification Program (E-Verify) jointly administered by the U.S. Department of Homeland Security and the Social Security Administration.  There is also a requirement to provide a link to E-Verify and post additional information on the CDLE Web site.

Effective Date:  August 5, 2008

Signed by the Governor:  May 20, 2008

Senate Bill 08-204, Unemployment Claim Decision Not Required

Statutory Reference:  CESA 8-74-102 (1)

SB 08-204 adds an exception to the requirement that decisions be issued on every UI benefits claim filed.  If a claimant does not file a continued claim after filing an initial claim for UI benefits, a job-separation entitlement decision is not required.

Effective Date:  August 5, 2008

Signed by the Governor:  May 21, 2008

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