reglab/statecodes huggingface dataset:
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-102 - Collection and transmittal of receipts - clearing account - refunds - transfers

(1)
The division or its agent shall collect or receive all premiums, surcharges, payments in lieu of premiums, fines, and penalties provided for in articles
70
to
82
of this title, all interest on delinquent premiums and surcharges provided for in section
8-79-101
, and all other moneys accruing to the fund from the federal government or any other source whatsoever and shall transmit all such moneys to the state treasurer, who shall cause the same to be deposited in a clearing account in his or her name in a state or national bank doing business in this state.
(2)
Repealed.
(3)
As instructed by the division, the state treasurer shall transfer from the clearing account to the employment security administration fund all amounts received pursuant to the provisions of section
8-72-110(5)
. All interest collected by the division pursuant to the provisions of section
8-79-101
, all penalties collected by the division pursuant to sections
8-79-104(1)(a) and (1)(c)
and
8-81-101(4)(a)(II)
, and all investigative costs collected by the division pursuant to section
8-81-101(4)(a)(III)
shall be paid into the unemployment revenue fund.
(4)
All amounts remaining in the clearing account after payment of refunds and the transfers provided for in subsection (3) of this section shall be paid to the secretary of the treasury of the United States for credit to the account of the state of Colorado in the federal unemployment trust fund established and maintained pursuant to section 904 of the federal "Social Security Act", as amended.
L. 36, 3rd Ex. Sess.: p. 31, § 9. L. 37: p. 1262, § 7. CSA: C. 167A, § 9. L. 41: p. 780, § 9. L. 43: p. 605, § 5. L. 51: p. 811, § 8. CRS 53: § 82-7-2. C.R.S. 1963: § 82-7-2. L. 71: p. 943, § 16. L. 73: p. 965, § 2. L. 80: (3) amended, p. 791, § 33, effective June 5. L. 81: (1) amended, p. 503, § 18, effective July 1. L. 85: (2) repealed, p. 376, § 8, effective July 1. L. 2000: (3) amended, p. 814, § 1, effective July 1. L. 2009: (1) amended, (HB 09-1363), ch. 363, p. 1904, §23, effective July 1.
For section 904 of the "Social Security Act", see 42 U.S.C. § 1104.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-103.5 - Issuance of unemployment revenue bonds and notes - unemployment bond repayment account - creation

(1)
The executive director of the department of labor and employment is authorized to request the state treasurer to act as advisor to the division. The division may also request the Colorado housing and finance authority act as issuing manager, to issue such bonds and notes as are necessary to maintain adequate balances in the unemployment compensation fund or to repay money advanced to the state from the federal unemployment trust fund, or both. Such requests shall be made in accordance with the provisions of section
24-36-121
or
29-4-710.7
.
(2)
There is hereby created the unemployment bond repayment account, which shall be credited with bond assessments for nonprincipal-related bond costs collected on behalf of the division under section
24-36-121
or the Colorado housing and finance authority under section
29-4-710.7
or by the division under section
8-71-103
. After the division's costs have been deducted from the bond repayment account, money in the fund shall be paid to the account or accounts maintained by the state treasurer under section
24-36-121
or the Colorado housing and finance authority under section
29-4-710.7
or by the division with respect to bonds issued under section
8-71-103
.
Amended by 2022 Ch. 224,§9, eff. 5/25/2022.
L. 91: Entire section added, p. 717, § 3, effective July 1. L. 2012, 1st Ex. Sess.: (2) amended, (HB 12S-1002), ch. 2, p. 2429, § 12, effective June 1.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-104 - Benefit account - requisitions - payment of benefits

(1)
The benefit account shall consist of moneys requisitioned by the division from the account of the state of Colorado in the federal unemployment trust fund. Expenditures from the benefit account shall be made by the division solely for payment of benefits provided in articles
70
to
82
of this title, in accordance with regulations prescribed by the director of the division. Such expenditures shall not be subject to any provisions of law requiring specific appropriations for payment thereof.
(2)
From time to time the division shall requisition from such account such amounts as it deems necessary to provide for payment of benefits for a reasonable future period of time. Upon receipt of such requisitioned amounts, the state treasurer shall cause the same to be deposited in an account in the name of the division in some state or national bank doing business in this state.
(3)
The division is authorized to make all lawful benefit payments by checks drawn against said bank account. The state treasurer shall have no responsibility whatsoever with respect to such benefit payments, nor shall he be responsible for any amounts requisitioned as provided in subsection (2) of this section other than to deposit the same in said bank account.
(4)
Any unexpended balance remaining in the benefit account after the expiration of the period of time for which amounts were requisitioned may be used by the division for payment of benefits during a subsequent period of time, or deducted from the amount of a subsequent requisition, or, at the discretion of the division, redeposited with the secretary of the treasury of the United States for credit to the account of the state of Colorado in the federal unemployment trust fund.
(5)
Benefits shall be deemed to be due and payable under the provisions of articles
70
to
82
of this title, only to the extent provided for in said articles, and only to the extent that moneys are available in the unemployment compensation fund, and neither the state nor the division shall be liable for payments in excess of the amount of such available moneys.
L. 36, 3rd Ex. Sess.: p. 31, § 9. CSA: C. 167A, § 9. L. 41: p. 780, § 9. L. 51: p. 811, § 8. CRS 53: § 82-7-4. C.R.S. 1963: § 82-7-4. L. 73: p. 966, § 4. L. 86: (1) amended, p. 494, § 102, effective July 1.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-105 - Discontinuance of unemployment trust fund

The provisions of sections
8-77-101
to
8-77-104
, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the unemployment compensation fund of this state shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the director of the division in accordance with provisions of articles
70
to
82
of this title. Such moneys shall be invested in readily marketable classes of securities as now provided by law with respect to public moneys of the state. Such investment, at all times, shall be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the director of the division.
L. 39: p. 588, § 1. L. 41: p. 782, § 9. CSA: C. 167A, § 9. L. 43: p. 607, § 6. L. 51: p. 811, § 8. CRS 53: § 82-7-5. C.R.S. 1963: § 82-7-5. L. 86: Entire section amended, p. 494, § 103, effective July 1.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-106 - Unemployment revenue fund

(1)
There is hereby created the unemployment revenue fund, to which shall be credited all interest collected by the division on delinquent premiums or surcharges pursuant to the provisions of section
8-79-101
, all penalties collected by the division pursuant to sections
8-79-104(1)(a) and (1)(c)
and
8-81-101(4)(a)(II)
, all remaining moneys in the federal advance interest repayment fund after all known interest charges and associated administrative costs pursuant to section
8-77-103
have been paid pursuant to section
8-77-108(3)
, and all investigative costs collected by the division pursuant to section
8-81-101(4)(a)(III)
.
(2)
All moneys accruing to the unemployment revenue fund in any manner whatsoever shall be maintained in a separate account by the state treasurer and shall be annually appropriated by the general assembly to the division for the purpose of enforcing compliance with the "Colorado Employment Security Act". Moneys in the unemployment revenue fund shall first be used to make refunds of interest erroneously collected under the provisions of section
8-79-101
.
(3) and (4)
Repealed.
(5)
Prior to the beginning of any fiscal year in which the department requests an allocation diversion from the unemployment revenue fund, the joint budget committee in conjunction with the state auditor shall certify that the department has met the goals and time lines established in the work plans submitted the previous year. No additional money shall be appropriated until all such prior conditions of the work plan are satisfied.
(6)
Of the moneys appropriated to the department for allocation to the division for administrative services, not less than fifty percent shall be used to fund enforcement activities. None of the remaining moneys shall be allocated to services which compete directly with services available in the private sector.
(7)
Repealed.
Amended by 2021 Ch. 423,§ 4, eff. 7/2/2021.
Amended by 2020 Ch. 178,§ 3, eff. 6/29/2020.
L. 36, 3rd Ex. Sess.: p. 49, § 18. CSA: C. 167A, § 18. L. 41: p. 801, § 18. CRS 53: § 82-7-6. C.R.S. 1963: § 82-7-6. L. 73: p. 967, § 5. L. 77: (2) amended, p. 470, § 24, effective July 7. L. 79: (1) amended, p. 355, § 23, effective September 30. L. 81: (1) amended, p. 503, § 19, effective July 1. L. 87: (3) amended, p. 414, § 1, effective June 20. L. 90: (2) amended and (5) and (6) added, p. 1765, § 6, effective June 8; (3) and (4) repealed, p. 1766, § 8, effective June 8. L. 2000: (1), (2), and (5) amended, p. 814, § 2, effective July 1. L. 2009: (1) amended, (HB 09-1363), ch. 1904, p. 1904, § 24, effective July 1. L. 2020: (7) added, (HB 20-1406), ch. 811, p. 811, § 3, effective June 29.
The provisions of the "Colorado Employment Security Act" are contained in articles
70
to
82
of this title 8.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-107 - Appropriation of administrative costs

(1)
Moneys credited to the account of the state of Colorado in the federal unemployment trust fund pursuant to section 903 of the federal "Social Security Act" may be requisitioned only for payment of the costs incurred by the division for administration of the provisions of articles
70
to
82
of this title, and for benefits. Such administrative costs shall be expended only pursuant to specific appropriations made by the general assembly and only if such costs are incurred and requisitions made therefor after enactment of an appropriation act.
(2)
Any appropriation act enacted shall:
(a)
Specify the amount of money appropriated and the purpose for which appropriated; and
(b)
(Deleted by amendment, L. 2003, p. 2047, § 1, effective May 22, 2003.)
(c)
Limit the amount which may be obligated during any twelve-month period beginning on July 1 and ending on the following June 30 to an amount which does not exceed the amount by which the aggregate of the amounts credited to such unemployment trust fund pursuant to section 903 of the federal "Social Security Act" during the same twelve-month period and the thirty-four preceding twelve-month periods exceeds the aggregate of the amounts paid out for benefits and obligated for administrative costs during such thirty-five twelve-month periods.
(3)
Amounts credited to the unemployment trust fund pursuant to section 903 of the federal "Social Security Act" which are obligated for payment of administrative costs or paid out for benefits shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated for administrative costs during any twelve-month period specified in subsection (2) of this section may be charged against any amount credited during any twelve-month period earlier than the thirty-fourth twelve-month period preceding such period.
(4)
Moneys appropriated as provided in subsection (2) of this section for payment of administrative costs shall be requisitioned from time to time by the division as required for payment of such costs as incurred, and upon receipt shall be credited to an appropriately designated account to which all payments shall be charged. Any unexpended portion of moneys appropriated for payment of administrative costs shall be returned for credit to the account of the state of Colorado in the federal unemployment trust fund.
L. 73: p. 967, § 6. C.R.S. 1963: § 82-7-7. L. 83: (2)(c) and (3) amended, p. 436, § 6, effective April 12. L. 2003: (2)(a) and (2)(b) amended, p. 2047, § 1, effective May 22.
For section 903 of the "Social Security Act", see 42 U.S.C. §1103 .
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-108 - Federal advance interest repayment fund

(1)
There is hereby created the federal advance interest repayment fund, to which shall be credited all assessments collected by the division on total wages pursuant to the provisions of section
8-77-103(2)
.
(2)
All moneys accruing to the fund in any manner whatsoever shall be maintained in a separate account by the state treasurer; except that all funds in the fund are hereby appropriated to the division for use in repayment of interest due and associated administrative costs pursuant to section
8-77-103
.
(3)
After all known interest charges and associated administrative costs pursuant to section
8-77-103
have been paid, any remaining moneys in the fund may be transferred to the unemployment revenue fund. Interest required to be paid under section
8-77-103
shall not be paid, directly or indirectly, from amounts in the unemployment compensation fund.
L. 82: Entire section added, p. 240, § 10, effective July 1. L. 85: (2) and (3) amended, p. 376, § 7, effective July 1.
For the unemployment revenue fund, see § 8-77-106; for the unemployment compensation fund, see § 8-77-101.
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 77 - UNEMPLOYMENT COMPENSATION AND REVENUE FUNDS (§§ 8-77-101 — 8-77-110) › Section 8-77-110 - [Repealed]

Repealed by 2023 Ch. 37,§ 2, eff. 3/23/2023.
Amended by 2022 Ch. 357,§5, eff. 7/1/2022.
L. 2020: Entire section added, (SB 20-207), ch. 1476, p. 1476, § 11, effective July 14.
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 78 - EMPLOYMENT SECURITY ADMINISTRATION FUND (§§ 8-78-101 — 8-78-104) › Section 8-78-101 - Establishment of administration fund

There is hereby created in the state treasury a special fund to be known as the employment security administration fund. All money deposited or paid into this fund shall be continuously available to the division for expenditure in accordance with the provisions of articles
70
to
82
of this title, and shall not lapse at any time or be transferred to any other fund. The fund shall consist of all money received from the United States of America, or any agency thereof; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the employment security administration fund or by reason of damage to property, equipment, or supplies purchased from money in such fund; and all proceeds realized from the sale or disposition of any such property, equipment, or supplies which may no longer be necessary for the proper administration of articles
70
to
82
of this title.
L. 36, 3rd Ex. Sess.: p. 42, § 13. CSA: C. 167A, § 13. L. 39: p. 577, § 10. L. 41: p. 792, § 13. L. 49: p. 727, § 9. L. 51: p. 818, § 12. CRS 53: § 82-8-1. L. 54: p. 138, § 2. C.R.S. 1963: § 82-8-1.
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 78 - EMPLOYMENT SECURITY ADMINISTRATION FUND (§§ 8-78-101 — 8-78-104) › Section 8-78-102 - Protection against loss

Such money shall be secured by the depository in which it is held to the same extent and in the same manner as required by the general depository law of this state. The state treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the employment security administration fund provided under this article. The liability imposed under this section shall exist in addition to any liability upon any separate bond existent on March 15, 1951, or which may be given in the future.
L. 36, 3rd Ex. Sess.: p. 43, § 13. CSA: C. 167A, § 13. L. 51: p. 818, § 12. CRS 53: § 82-8-2. C.R.S. 1963: § 82-8-2.
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 78 - EMPLOYMENT SECURITY ADMINISTRATION FUND (§§ 8-78-101 — 8-78-104) › Section 8-78-103 - Deposit and disbursement

All money in the employment security administration fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as provided by law for other special funds in the state treasury. All money in this fund shall be expended solely for the purposes and in the amounts found necessary by the secretary of labor for the proper and efficient administration of the employment security program; except that moneys received pursuant to the federal "Social Security Act", as amended, which constitute this state's share of the excess remaining in the federal unemployment account on July 1 of any fiscal year shall be disbursed solely for the purposes and in the amounts found necessary for the proper and efficient administration of articles
70
to
82
of this title, as determined and mutually agreed upon by the director of the division, the controller, and the governor.
L. 51: p. 818, § 12. CSA: C. 167A, § 13. CRS 53: § 82-8-4. C.R.S. 1963: § 82-8-4. L. 76: Entire section amended, p. 352, § 19, effective October 1.
For the "Social Security Act" generally, see 42 U.S.C. § 301 et seq.
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 78 - EMPLOYMENT SECURITY ADMINISTRATION FUND (§§ 8-78-101 — 8-78-104) › Section 8-78-104 - Reimbursement of fund

If any money received in the employment security administration fund, which is not a part of this state's share of the excess remaining in the federal unemployment account on July first of any fiscal year, is found by the secretary of labor, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the secretary of labor for the proper administration of the employment security program, it is the policy of this state that such money shall be replaced by money appropriated for such purpose from the general funds of this state to the employment security administration fund for expenditures as provided in section
8-78-103
or by those funds which constitute this state's share of the excess remaining in the federal unemployment account on July first of any fiscal year. Upon receipt of such a finding by the secretary of labor, the division shall promptly report the amount required for such replacement to the governor, and the governor, at the earliest opportunity, shall submit to the general assembly a request for the appropriation of such amount.
L. 51: p. 818, § 12. CSA: C. 167A, § 13. CRS 53: § 82-8-5. C.R.S. 1963: § 82-8-5.
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 79 - COLLECTION OF CONTRIBUTIONS, PENALTIES, INTEREST (§§ 8-79-101 — 8-79-108) › Section 8-79-101 - Interest on past-due premiums and surcharges

Premiums or surcharges unpaid on the date on which they are due and payable, as prescribed by the division, shall bear interest at the rate of eighteen percent per annum or one and one-half percent per month or any portion thereof on and after such date until payment plus accrued interest is received by the division. Interest collected pursuant to this section shall be paid into the unemployment revenue fund.
L. 36, 3rd Ex. Sess.: p. 44, § 14. CSA: C. 167A, § 14. L. 41: p. 794, § 14. L. 45: p. 715, § 7. L. 51: p. 820, § 13. CRS 53: § 82-9-1. C.R.S. 1963: § 82-9-1. L. 76: Entire section amended, p. 352, § 20, effective October 1. L. 81: Entire section amended, p. 503, § 20, effective July 1. L. 83: Entire section amended, p. 2045, § 9, effective October 1. L. 86: Entire section amended, p. 495, § 104, effective July 1. L. 2009: Entire section amended, (HB 09-1363), ch. 363, p. 1905, §27, effective July 1.
Section 10 of chapter 510, Session Laws of Colorado 1983, provides that the section of the act amending this section is effective October 1, 1983, but the governor did not approve the act until October 14, 1983.
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 79 - COLLECTION OF CONTRIBUTIONS, PENALTIES, INTEREST (§§ 8-79-101 — 8-79-108) › Section 8-79-105 - Levy on property - sale

(1)
If any premiums, surcharges, penalties, or interest imposed by articles
70
to
82
of this title, as shown by reports filed by the employer or as shown by assessment duly made as provided in section
8-79-104
or
8-79-107
, are not paid within five days after they are due and demand is made therefor, the division may issue a notice setting forth the name of the employer, the amount of the premiums, surcharges, penalties, and interest, the date of the accrual thereof, and a statement that the division claims a first and prior lien therefor, except as provided in this article. Such notice shall be on forms prepared by the division and shall be verified by any duly qualified representative of the division and may be filed or recorded in the office of the county clerk and recorder of any county in the state in which the employer owns property. After such notice has been filed or recorded, the division may issue a warrant under its official seal directed to the sheriff of any county of the state or any duly authorized agent of the division commanding him or her to levy upon, seize, and sell such of the real and personal property of the employer found within his or her county necessary for the payment of the amount due, together with interest and penalties, as provided by law.
(2)
It is the duty of any county clerk and recorder to whom such notices are sent to file or record the same without cost. Upon the payment of all premiums, surcharges, penalties, and interest, a lien for such premiums, surcharges, penalties, and interest, as shown upon the records of the county clerk and recorder, shall be released by the division in the same manner as judgments are released.
(3)
The sheriff, or any duly authorized agent of the division, shall forthwith levy upon the property of the employer, and personal property so levied upon shall be sold in all respects with like effect and in the same manner as prescribed by law with respect to executions of distraint warrants issued by a county treasurer for the collection of taxes levied upon personal property. Real property shall be levied upon and sold in the same manner as prescribed by law with respect to executions against property upon judgment of a court of record. The sheriff shall be entitled to such fees for executing such warrants as are allowed by law for similar services.
L. 36, 3rd Ex. Sess.: p. 44, § 14. CSA: C. 167A, § 14. L. 39: p. 578, § 11. L. 41: p. 794, § 14. CRS 53: § 82-9-5. C.R.S. 1963: § 82-9-5. L. 77: (1) amended, p. 470, § 25, effective July 7. L. 81: (1) and (2) amended, p. 505, § 24, effective July 1. L. 2009: (1) and (2) amended, (HB 09 -1363), ch. 363, p. 1908, § 31, effective July 1.
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 79 - COLLECTION OF CONTRIBUTIONS, PENALTIES, INTEREST (§§ 8-79-101 — 8-79-108) › Section 8-79-106 - No indemnity bond required

In any action of whatever nature brought under articles
70
to
82
of this title, no bond shall be required of the division, nor shall any sheriff or agent of the division require from said division an indemnifying bond for executing the writs of attachment and warrants provided for in this article. No sheriff or agent of the division shall be liable in damages to any person when acting in accordance with such writs and warrants.
L. 36, 3rd Ex. Sess.: p. 44, § 14. CSA: C. 167A, § 14. L. 39: p. 578, § 11. L. 41: p. 794, § 14. CRS 53: § 82-9-6. C.R.S. 1963: 82-9-6. L. 64: p. 288, § 219. L. 73: p. 1410, § 66.
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 79 - COLLECTION OF CONTRIBUTIONS, PENALTIES, INTEREST (§§ 8-79-101 — 8-79-108) › Section 8-79-107 - Immediate assessment - when

If the division believes that the collection of any premiums, surcharges, penalties, or interest under the provisions of articles
70
to
82
of this title will be jeopardized by delay, whether or not the time otherwise prescribed by articles
70
to
82
of this title or any rules issued pursuant thereto for making reports and paying such premiums or surcharges has expired, it may immediately assess such premiums and surcharges, together with all penalties and interest, the assessment of which is provided for by articles
70
to
82
of this title. Such premiums, surcharges, penalties, and interest shall thereupon become immediately due and payable, and immediate notice and demand shall be made by the division for the payment thereof.
L. 36, 3rd Ex. Sess.: p. 44, § 14. CSA: C. 167A, § 14. L. 39: p. 578, § 11. L. 41: p. 794, § 14. CRS 53: § 82-9-7. C.R.S. 1963: § 82-9-7. L. 81: Entire section amended, p. 506, § 25, effective July 1. L. 2009: Entire section amended, (HB 09-1363), ch. 363, p. 1908, §32, effective July 1.
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 79 - COLLECTION OF CONTRIBUTIONS, PENALTIES, INTEREST (§§ 8-79-101 — 8-79-108) › Section 8-79-108 - Refunds

(1)
An employing unit may file an application for the refund of money paid erroneously in such form and manner as the director of the division may prescribe by rule, including in person, by mail, by telephone, or by electronic means. If the division determines that such payment, or any portion thereof, was paid erroneously, the division shall either issue to the employing unit a credit memo therefor, or make a refund thereof, in either event without interest thereon. Where no application is received, and the division determines that premiums or surcharges have been paid erroneously, the division may, at its option, correct any erroneous payments. Any such correction, if it involves less than one hundred dollars, may be by credit memo. In no event may an employing unit recover money paid erroneously, or otherwise, that has been paid prior to January 1 of the first year of the five calendar years immediately preceding the date of the filing of the application for refund. If such application for refund is refused, or if no final action is taken thereon within six months, an employing unit may commence an action in the district court for the city and county of Denver for the collection thereof. In the event of court action, no recovery of any money paid prior to January 1 of the first year of the five calendar years immediately preceding the date of the filing of the application shall be allowed. For like cause and for the same period, a recovery, as above indicated, may be allowed on the division's own initiative.
(2)
Repealed.
(3)
Refunds of interest that was paid into the unemployment compensation fund shall be paid from the unemployment compensation fund, and refunds of interest that was paid into the unemployment revenue fund shall be paid from the unemployment revenue fund. All refunds of premiums and surcharges shall be made from the unemployment compensation fund.
L. 36, 3rd Ex. Sess.: p. 44, § 14. CSA: C. 167A, § 14. L. 39: p. 578, § 11. L. 41: p. 794, § 14. L. 43: p. 609, § 10. L. 49: p. 729, § 10. CRS 53:§ 82-9-9. C.R.S. 1963: § 82-9-9. L. 81: (2) and (3) amended, p. 506, § 26, effective July 1. L. 83: (1) amended, p. 432, § 11, effective June 3. L. 88: (1) amended, p. 396, § 1, effective July 1. L. 2001: (2) repealed, p. 58, § 1, effective August 8. L. 2002: (1) amended, p. 340, § 13, effective April 19. L. 2009: (1) and (3) amended, (HB 09-1363), ch. 363, p. 1908, §33, effective July 1.
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 80 - PROTECTION OF RIGHTS AND BENEFITS (§§ 8-80-101 — 8-80-103) › Section 8-80-101 - Waiver of rights void

Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under articles
70
to
82
of this title 8 shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's premiums or surcharges required under articles
70
to
82
of this title 8 from the employer shall be void. No employer shall directly or indirectly make, require, or accept any deduction from wages to finance the employer's premiums or surcharges required from him or her or require or accept any waiver of any rights under articles
70
to
82
of this title 8 by any individual in his or her employ. Any employer or officer or agent of any employer who violates this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462,§ 97, eff. 3/1/2022.
L. 36, 3rd Ex. Sess.: p. 45, § 15. L. 37: p. 1269, § 11. CSA: C. 167A, § 15. L. 41: p. 799, § 15. CRS 53: § 82-10-1. C.R.S. 1963: § 82-10-1. L. 81: Entire section amended, p. 506, § 27, effective July 1. L. 2009: Entire section amended, (HB 09-1363), ch. 1909, p. 1909, § 34, effective July 1.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 80 - PROTECTION OF RIGHTS AND BENEFITS (§§ 8-80-101 — 8-80-103) › Section 8-80-102 - Limitation of fees

No individual claiming benefits shall be charged fees of any kind in any proceeding under articles
70
to
82
of this title 8 by the division or its representatives or by any court or any officer thereof; except that any party appealing the decision of a referee shall be assessed the actual costs of preparing a transcript according to rules promulgated by the director of the division except if the appellant is successful the cost of preparing the transcript will be refunded. Any person who violates this provision commits a class 2 misdemeanor. Any individual claiming benefits in any proceeding before the division or a court may be represented by counsel. Unless approved by the division, no lien shall be allowed or suit brought for attorney fees, contingent or otherwise, for services rendered for the collection of any individual's claim for benefits.
Amended by 2021 Ch. 462,§ 98, eff. 3/1/2022.
Amended by 2021 Ch. 12,§ 7, eff. 3/21/2021.
L. 71: p. 943, § 17. C.R.S. 1963: § 82-10-2. L. 83: Entire section amended, p. 432, § 12, effective June 3. L. 86: Entire section amended, p. 496, § 107, effective July 1.
(1) Amendments to this section by SB 21-055 and SB 21-271 were harmonized, effective March 1, 2022.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 80 - PROTECTION OF RIGHTS AND BENEFITS (§§ 8-80-101 — 8-80-103) › Section 8-80-103 - Assignment of benefits void - exemptions

Any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under articles
70
to
82
of this title 8 are void. Except as provided in the "Colorado Child Support Enforcement Procedures Act", article
14
of title
14
, such rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Benefits received by any individual are exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to the individual, the individual's spouse, or the individual's dependents during the time when the individual was unemployed or child support debt or arrearages as specified in article
14
of title
14
. Any waiver of any exemption provided for in this section is void.
Amended by 2022 Ch. 74,§8, eff. 4/7/2022.
L. 36, 3rd Ex. Sess.: p. 45, § 15. L. 37: p. 1269, § 11. CSA: C. 167A, § 15. L. 41: p. 799, § 15. CRS 53: § 82-10-3. C.R.S. 1963: § 82-10-3. L. 85: Entire section amended, p. 587, § 2, effective July 1.
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 81 - PENALTIES AND ENFORCEMENT (§§ 8-81-101 — 8-81-103) › Section 8-81-102 - Penalties in prior law continue in force

Any penalty, forfeiture, or liability, either civil or criminal, which has been incurred in former statutes relating to unemployment compensation shall be held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of such penalty, forfeiture, or liability which are now pending, or which may hereafter be commenced within the time provided by law for the commencement of such actions, suits, proceedings, and prosecutions, as well as for the purpose of sustaining any judgment, decree, or order which has been or which may be entered or made in such actions, suits, proceedings, or prosecutions.
L. 41: p. 813, § 23. CSA: C. 167A, § 22. CRS 53: § 82-11-2. C.R.S. 1963: § 82-11-2.
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 81 - PENALTIES AND ENFORCEMENT (§§ 8-81-101 — 8-81-103) › Section 8-81-103 - Representation in court

(1)
In any civil action to enforce the provisions of articles
70
to
82
of this title, the division and the state shall be represented by the attorney general. Such assistant attorneys general shall be appointed as are necessary for this purpose.
(2)
All criminal actions for violation of any provision of articles
70
to
82
of this title, or of any rules issued pursuant to those articles, must be prosecuted by the attorney general of the state or, at his or her request and under his or her direction, by the district attorney of the judicial district in which the employer has a place of business or the violator resides.
Amended by 2016 Ch. 94,§ 5, eff. 8/10/2016.
L. 36, 3rd Ex. Sess.: p. 49, § 17. CSA: C. 167A, § 17. L. 41: p. 801, § 17. CRS 53: § 82-11-3. C.R.S. 1963: § 82-11-3. L. 2016: (2) amended, (HB 16-1094), ch. 94, p. 265, § 5, effective August 10.
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 82 - ACQUISITION OF LANDS AND BUILDINGS (§§ 8-82-101 — 8-82-105) › Section 8-82-101 - Nonprofit corporation - authorization and purposes

For the purpose of performing the functions required under the provisions of the "Colorado Employment Security Act", articles
70
to
82
of this title, the division is hereby authorized to create a nonprofit corporation or authority under the laws of this state and, in the name of such nonprofit corporation or authority, to purchase land and cause to be erected thereon a building or buildings suitable for offices, or for housing equipment, or for both such purposes. Any land so purchased or buildings so constructed may be thereafter sold or exchanged when, in the determination of the directors of the corporation or authority, the division no longer has need for such property, and any funds or proceeds obtained from such sale or exchange shall be the sole property of the division and distributed by it as required by the terms of articles
70
to
82
of this title.
L. 55: p. 535, § 1. CRS 53: § 82-12-1. C.R.S. 1963: § 82-12-1. L. 77: Entire section amended, p. 470, § 26, effective July 7. L. 93: Entire section amended, p. 1797, § 103, effective June 6.
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 82 - ACQUISITION OF LANDS AND BUILDINGS (§§ 8-82-101 — 8-82-105) › Section 8-82-102 - Anticipation warrants - issuance and investment

For the purpose of defraying the cost of land and for the construction of the proposed buildings, the nonprofit corporation or authority is authorized, with the approval of the governor, to issue and sell anticipation warrants in an amount not to exceed one million eight hundred fifty thousand dollars at an interest rate of not more than four percent per annum. Any state trust funds, and only such funds as may be available for permanent investment, may be used to purchase said anticipation warrants. Such anticipation warrants shall be redeemed and the interest thereon paid in the manner and from the funds enumerated in section
8-82-103
.
L. 55: p. 535, § 2. L. 56: p. 160, § 1. CRS 53: § 82-12-2. C.R.S. 1963: § 82-12-2.
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 82 - ACQUISITION OF LANDS AND BUILDINGS (§§ 8-82-101 — 8-82-105) › Section 8-82-103 - Purchase and leasehold by division - terms

The divisions of employment and training and unemployment insurance may enter into rental or leasehold agreements with a nonprofit corporation or authority created pursuant to section
8-82-101
. The agreements must provide that the particular division acquire title to the land or buildings, or both, upon the payment of stipulated aggregate annual rentals. The plans, specifications, bids, and contracts for the buildings and the terms of all leasehold or rental agreements are not valid until approved by the governor, the director of the division of employment and training or the director of the division of unemployment insurance, as appropriate, and the director of the office of state planning and budgeting. The rentals must be paid solely out of the employment security administration fund, the unemployment revenue fund, or both, or the funds of any other state agency if any part of the buildings are made available to other state agencies. The obligation to pay the rentals does not constitute an indebtedness of the state and must not be paid out of any other funds. The division that enters an agreement pursuant to this section shall include the rental in its annual budgets and shall certify, audit, and pay the rentals in the same manner as all other accounts and expenditures payable out of those funds.
L. 55: p. 536, § 3. L. 56: p. 160, § 2. CRS 53: § 82-12-3. C.R.S. 1963: § 82-12-3. L. 75: Entire section amended, p. 819, § 7, effective July 18. L. 83: Entire section amended, p. 969, § 20, effective 7/1/1984. L. 86: Entire section amended, p. 1215, § 5, effective May 30. L. 2012: Entire section amended, (HB 12-1120), ch. 27, p. 106, § 19, effective June 1.
The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012).
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 82 - ACQUISITION OF LANDS AND BUILDINGS (§§ 8-82-101 — 8-82-105) › Section 8-82-104 - Tax exemption - when

Property acquired or occupied pursuant to this article shall be exempt from taxation so long as it is used for the purposes of the division or other public purposes.
L. 55: p. 536, § 4. CRS 53: § 82-12-4. C.R.S. 1963: § 82-12-4.
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 82 - ACQUISITION OF LANDS AND BUILDINGS (§§ 8-82-101 — 8-82-105) › Section 8-82-105 - Judicial remedies

Purchase or leasehold agreements entered into by the division pursuant to this article shall be enforceable in any court of competent jurisdiction.
L. 55: p. 536, § 5. CRS 53: § 82-12-5. C.R.S. 1963: § 82-12-5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-84-304) › Article 83 - WORK FORCE DEVELOPMENT (§§ 8-83-101 — 8-83-1002) › Part 1 - DIVISION OF EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-83-107) › Section 8-83-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Department" means the department of labor and employment created in section
24-1-121
, C.R.S.
(2)
"Director" means the director of the division.
(3)
"Division" means the division of employment and training in the department.
L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 79, § 6, effective June 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-84-304) › Article 83 - WORK FORCE DEVELOPMENT (§§ 8-83-101 — 8-83-1002) › Part 1 - DIVISION OF EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-83-107) › Section 8-83-102 - Division of employment and training created - director

There is hereby created a division of employment and training within the department of labor and employment, the head of which is the director of the division of employment and training.
L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 79, § 6, effective June 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-84-304) › Article 83 - WORK FORCE DEVELOPMENT (§§ 8-83-101 — 8-83-1002) › Part 1 - DIVISION OF EMPLOYMENT AND TRAINING (§§ 8-83-101 — 8-83-107) › Section 8-83-103 - Powers, duties, and functions - acceptance of money

(1)
The functions of the division comprise all administrative functions of the state in relation to the administration of this article 83. The division and the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions as prescribed under this article 83 under the direction and supervision of the executive director of the department. Any vacancy in the office of director is filled in the manner provided by law.
(2)
The division may accept and expend moneys from intergovernmental partnerships, gifts, grants, donations, and other contributions for the purposes for which the division is authorized.
(3)
Repealed.
(4)
The division shall contribute education and workforce data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
Amended by 2024 Ch. 238,§ 9, eff. 5/23/2024.
Amended by 2022 Ch. 469, § 93, eff. 8/10/2022.
Amended by 2015 Ch. 226, § 2, eff. 8/5/2015.
Amended by 2015 Ch. 225, § 2, eff. 5/26/2015.
L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 79, § 6, effective June 1. L. 2015: (2) amended, (HB 15-1276), ch. 225, p. 836, § 2, effective May 26; (3) added, (HB 15-1230), ch. 226, p. 844, § 2, effective August 5.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2020. (See L. 2015, p. 844.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).