2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR III - EMPLOYMENT SECURITY (§§ 8-70-101 — 8-82-105) › Article 70 - DEFINITIONS - GENERAL PROVISIONS (§§ 8-70-101 — 8-70-143) › Section 8-70-140 - Employment does not include - nonprofit organizations - governmental entities - Indian tribes

(1)
For the purposes of sections
8-70-118
,
8-70-119
, and
8-70-125.5
, "employment" does not include services performed:
(a)
In the employ of a church or a convention or association of churches or in the employ of an organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church or convention or association of churches or in the employ of an elementary or secondary school that is operated primarily for religious purposes; or
(b)
By a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; or
(c)
In the employ of a governmental entity referred to in section
8-70-119
or an Indian tribe referred to in section
8-70-125.5
if such service is performed by an individual in the exercise of such individual's duties:
(I)
As an elected official;
(II)
As a member of a legislative body or a member of the judiciary of a state or political subdivision thereof, or of an Indian tribe;
(III)
As a member of the state National Guard or Air National Guard;
(IV)
As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
(V)
In a position that, pursuant to the laws of this state or Indian tribal law, is designated as a major, nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week;
(VI)
As an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than one thousand dollars; or
(d)
By an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical disability, or intellectual and developmental disability, or injury or of providing remunerative work for individuals who, because of their impaired abilities, cannot be readily absorbed in the competitive labor market; or
(e)
By an individual receiving work relief or work training as part of an unemployment work relief or work training program assisted or financed in whole or in part by public funds or by an Indian tribe; or
(f)
Prior to January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and, after December 31, 1977, by an inmate of a custodial or penal institution.
Amended by 2021 Ch. 206, § 2, eff. only if the federal government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and take effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of this act, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on the effective date of this act (5/28/2021), whichever is later government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and takes effect on date identified in written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of this act, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or o the effective date of this act (5/28/2021), whichever is later (amendment did not take effect).
Amended by 2017 Ch. 50, § 1, eff. 3/16/2017.
L. 90: Entire section added, p. 598, § 3, effective April 3. L. 98: (1)(a) and IP(1)(c) amended and (1)(c)(VI) added, p. 69, § 4, effective March 23; IP(1)(c) and (1)(c)(V) amended and (1)(c)(VI) added, p. 583, § 18, effective April 30. L. 2001: IP(1), IP(1)(c), (1)(c)(II), (1)(c)(V), and (1)(e) amended, p. 1547, § 3, effective 12/21/2000. L. 2017: (1)(d) amended, (HB 17 -1046), ch. 155, p. 155, § 1, effective March 16.
(1) The federal "Consolidated Appropriations Act, 2001", Pub.L. 106-554 , which became law on December 21, 2000, required all states to amend their laws regarding how Indian tribes are treated for unemployment insurance purposes. The 2001 act amending the introductory portions to subsections (1) and (1)(c) and subsections (1)(c)(II), (1)(c)(V), and (1)(e) provided for an effective date of December 21, 2000. (See L. 2001, p. 1550.)
(2) Section 15(2) of chapter 206 (HB 21-1231), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if the federal government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and takes effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of HB 21-1231, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on the effective date of HB 21-1231, whichever is later. As of publication date, the revisor of statutes has not received the notice.