Amendments for SB20-207

Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-207 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, strike lines 2 through 25.

Strike pages 4 and 5.

Page 6, strike lines 1 through 11.

Renumber succeeding sections accordingly.

Page 6, line 15, strike "(4)" and substitute "(4)(a)".

Page 6, line 17, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 6, after line 19, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, THERE SHALL BE DEDUCTED
FROM THE WEEKLY BENEFIT AMOUNT THAT PART OF WAGES PAYABLE TO
AN INDIVIDUAL WITH RESPECT TO A WEEK THAT IS IN EXCESS OF FIFTY
PERCENT OF THE WEEKLY BENEFIT AMOUNT, AND THE WEEKLY BENEFIT
AMOUNT RESULTING SHALL BE COMPUTED TO THE NEXT LOWEST
MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 6, line 24, strike "SERVICES." and substitute "SERVICES; EXCEPT
THAT "WAGES" INCLUDES PAYMENT MADE TO AN ELECTION JUDGE IF THE
PAYMENT EXCEEDS THE MAXIMUM AMOUNT PERMISSIBLE PURSUANT TO
FEDERAL LAW.".

Page 6, line 27, strike "(1)" and substitute "(1)(a)".

Page 7, line 5, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 7, after line 8, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, PARTIAL BENEFITS SHALL BE IN
AN AMOUNT EQUAL TO THE ELIGIBLE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT FOR TOTAL UNEMPLOYMENT, MINUS THAT PART OF WAGES
PAYABLE TO THE INDIVIDUAL WITH RESPECT TO THE WEEK THAT IS IN
EXCESS OF FIFTY PERCENT OF THE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT AS COMPUTED IN ACCORDANCE WITH SECTION 8-73-102, AND
THE BENEFIT PAYMENT RESULTING SHALL BE COMPUTED TO THE NEXT
LOWER MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 7, line 10, strike the second "and".

Page 7, strike line 11 and substitute "(5)(b)(V), and (5)(b)(VI) as
follows:".

Page 9, line 23, strike "EMERGENCY." and substitute "EMERGENCY; OR
(VI) THE EMPLOYEE IS IMMUNOCOMPROMISED AND MORE
SUSCEPTIBLE TO ILLNESS OR DISEASE DURING A PUBLIC HEALTH
EMERGENCY AS EVIDENCED BY THE EMPLOYEE'S HEALTH CARE
PROVIDER.".

Page 12, strike line 10 and substitute "(1)(b); and repeal (2)(a.7) and
(2)(a.8) as follows:".

Page 12, strike lines 15 and 16 and substitute "8-76-102.5 (3)(a). or the
amount expended from the employment support fund in the year prior to
July 1, 2011, adjusted by the same percentage".

Page 13, after line 3 insert:

"(2) (a.7) Notwithstanding any provision of this subsection (2) to
the contrary, on March 5, 2003, the state treasurer shall deduct five
million four hundred thousand dollars from the employment support fund
and transfer such sum to the general fund.
(a.8) Notwithstanding any provision of this subsection (2) to the
contrary, on April 20, 2009, the state treasurer shall deduct five million
dollars from the employment support fund and transfer such sum to the
general fund.".

Page 13, strike lines 6 through 27.

Page 14, strike lines 1 through 3 and substitute:

"8-77-110. Office of future of work - study - report. (1) THE
OFFICE OF FUTURE OF WORK IN THE DEPARTMENT OF LABOR AND
EMPLOYMENT, CREATED BY EXECUTIVE ORDER B 2019 009 SHALL, WITHIN
THE SCOPE OF THE EXECUTIVE ORDER, STUDY UNEMPLOYMENT
ASSISTANCE AS PART OF ITS STUDY ON THE MODERNIZATION OF WORKER
BENEFITS AND PROTECTIONS.
(2) ON OR BEFORE JANUARY 15, 2021, THE OFFICE OF THE FUTURE
OF WORK SHALL SUBMIT AN INITIAL REPORT AS DIRECTED BY THE
EXECUTIVE ORDER, TO THE GOVERNOR AND TO THE BUSINESS, LABOR,
AND TECHNOLOGY COMMITTEE OF THE SENATE AND THE BUSINESS
AFFAIRS AND LABOR COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR
THEIR SUCCESSOR COMMITTEES.".



House Journal, June 10
17 Amendment No. 1, by Representative Gray.
18
19 Amend reengrossed bill, page 3, after line 1 insert:
20
21 "SECTION 1. In Colorado Revised Statutes, 8-70-103, amend
22 the introductory portion and (6.5) as follows:
23 8-70-103. Definitions. As used in articles 70 to 82 of this title
24 TITLE 8, unless the context otherwise requires:
25 (6.5) (a) "Chargeable wages" means those wages paid to an
26 individual employee during a calendar year on which the employer of that
27 employee is required to pay premiums as provided by article 76 of this
28 title TITLE 8, including all wages subject to a tax under federal law, which
29 imposes a tax against which credit may be taken for premiums required
30 to be paid into a state THE unemployment COMPENSATION fund. For each
31 calendar year, chargeable wages is the first ten thousand dollars paid to
32 an individual; except that, effective January 1, 2012, chargeable wages
33 for each calendar year is the first eleven thousand dollars paid to an
34 individual and except that, after January 1, 2013, chargeable wages is the
35 first eleven thousand dollars paid to an individual, adjusted by the change
36 in the average weekly earnings prescribed in section 8-73-102, rounded
37 to the nearest one hundred dollars AS FOLLOWS:
38 (I) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2021, THE
39 FIRST THIRTEEN THOUSAND SIX HUNDRED DOLLARS PAID TO AN
40 INDIVIDUAL;
41 (II) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2022, THE
42 FIRST SEVENTEEN THOUSAND DOLLARS PAID TO AN INDIVIDUAL;
43 (III) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2023, THE
44 FIRST TWENTY THOUSAND FOUR HUNDRED DOLLARS PAID TO AN
45 INDIVIDUAL;
46 (IV) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2024, THE
47 FIRST TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS PAID TO AN
48 INDIVIDUAL;
49 (V) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2025, THE
50 FIRST TWENTY-SEVEN THOUSAND TWO HUNDRED DOLLARS PAID TO AN
51 INDIVIDUAL; AND
52 (VI) FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2026, AND
53 EACH CALENDAR YEAR THEREAFTER, THE FIRST THIRTY THOUSAND SIX
54 HUNDRED DOLLARS PAID TO AN INDIVIDUAL, ADJUSTED BY THE CHANGE IN
55 THE AVERAGE WEEKLY EARNINGS PRESCRIBED IN SECTION 8-73-102,
1 ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS.
2 (b) As used in articles 70 to 82 of this title TITLE 8, chargeable
3 wages paid includes chargeable wages constructively paid as well as
4 chargeable wages actually paid.".
5
6 Renumber succeeding sections accordingly.
7
8 Page 11, after line 5 insert:
9 "SECTION 9. In Colorado Revised Statutes, 8-76-102.5, add
10 (3)(a.5) and (7)(c) as follows:
11 8-76-102.5. Rates effective upon fund solvency - repeal of
12 prior rates - solvency surcharge - definitions - repeal.
13 (3)(a.5) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, IF THE
14 RESERVE RATIO IS ONE AND FOUR-TENTHS PERCENT OR GREATER ON JUNE
15 30 OF ANY YEAR, THE DEPARTMENT SHALL REDUCE EMPLOYER PREMIUMS
16 UP TO FIFTEEN PERCENT FOR THE FOLLOWING CALENDAR YEAR.
17 (7) (c) (I) NOTWITHSTANDING SUBSECTION (7)(a) OF THIS SECTION,
18 FOR THE CALENDAR YEARS 2021 AND 2022, THE DIVISION SHALL NOT
19 ASSESS A SOLVENCY SURCHARGE ON ANY EMPLOYER.
20 (II) THIS SUBSECTION (7)(c) IS REPEALED, EFFECTIVE JANUARY 1,
21 2023.
22 SECTION 10. In Colorado Revised Statutes, add 8-77-101.5 as
23 follows:
24 8-77-101.5. CARES act funds - administration - transfer -
25 unemployment compensation fund - legislative declaration. (1) THE
26 GENERAL ASSEMBLY FINDS THAT:
27 (a) ON MARCH 27, 2020, THE FEDERAL GOVERNMENT ENACTED
28 THE "CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT"
29 ("CARES ACT"), PUB.L. 116-136, PURSUANT TO WHICH COLORADO
30 RECEIVED APPROXIMATELY ONE BILLION SIX HUNDRED SEVENTY-FOUR
31 MILLION DOLLARS FROM THE FEDERAL CORONAVIRUS RELIEF FUND TO USE
32 FOR NECESSARY EXPENDITURES INCURRED DUE TO THE CURRENT
33 COVID-19 PUBLIC HEALTH EMERGENCY;
19 34 (b) THE PUBLIC HEALTH EMERGENCY CAUSED BY COVID-
35 CAUSED AN HISTORIC INCREASE IN UNEMPLOYMENT IN THE STATE AND
36 THIS HAS CAUSED A DRAMATIC INCREASE IN THE NUMBER OF CLAIMS FOR
37 BENEFITS FROM THE UNEMPLOYMENT COMPENSATION FUND, CREATED IN
38 SECTION 8-77-101;
39 (c) AS A RESULT, IT IS ESTIMATED THAT THE UNEMPLOYMENT
40 COMPENSATION FUND, CREATED IN SECTION 8-77-101, WILL HAVE A
41 DEFICIT OF APPROXIMATELY TWO BILLION DOLLARS BY THE END OF FISCAL
42 YEAR 2020-21;
43 (d) THESE COSTS WILL NOT BE REIMBURSED BY THE FEDERAL
44 GOVERNMENT, NOR ARE THEY ACCOUNTED FOR IN THE BUDGET APPROVED
45 AS OF MARCH 27, 2020;
46 (e) THE UNITED STATES DEPARTMENT OF TREASURY HAS STATED
47 THAT PAYMENTS TO THE STATE UNEMPLOYMENT COMPENSATION FUND,
48 CREATED IN SECTION 8-77-101, ARE AN ALLOWABLE USE OF THE MONEY
42 49 FROM THE FEDERAL CORONAVIRUS RELIEF FUND, UNDER SECTION
50 U.S.C. SEC. 801 (d); AND
51 (f) THE TRANSFER OF MONEY FROM THE "CARES ACT" TO THE
52 STATE UNEMPLOYMENT COMPENSATION FUND, CREATED IN SECTION
53 8-77-101, IS A NECESSARY EXPENDITURE INCURRED DUE TO THE PUBLIC
54 HEALTH EMERGENCY WITH RESPECT TO COVID-19.
55 (2) IF, AS OF DECEMBER 30, 2020, THERE IS ANY UNEXPENDED
801 1 MONEY THAT THE STATE RECEIVED THROUGH SECTION 42 U.S.C. SEC.
2 (d) OF THE "CARES ACT", THEN JUST PRIOR TO THE CLOSE OF BUSINESS
3 ON DECEMBER 30, 2020, THE STATE TREASURER SHALL TRANSFER THE
4 UNEXPENDED AMOUNT OF FEDERAL FUNDS TO THE UNEMPLOYMENT
5 COMPENSATION FUND CREATED IN SECTION 8-77-101.".
6
7 Renumber succeeding sections accordingly.
8
9 Page 11, after line 19 insert:
10
11 "SECTION 12. Effective date. This act takes effect upon
12 passage; except that section 1 of this act takes effect January 1, 2021.".
13
14 Renumber succeeding section accordingly.
15
16 As amended, ordered revised and placed on the Calendar for Third
17 Reading and Final Passage.