(1) (a) Repealed.
(b) There is hereby established the employment support fund. This fund consists of the first 0.0011 assessed as part of each employer's premium under section 8-76-102.5 (3)(a).
(2) (a) The state treasurer shall credit the moneys collected pursuant to this section to the employment support fund created in subsection (1) of this section. The general assembly shall appropriate the moneys in the employment support fund annually to the department of labor and employment:
To be used to offset funding deficits for program administration, including information technology initiatives, under the provisions of articles 70 to 83 of this title and to further support programs to strengthen unemployment fund solvency; and
(A) To fund labor standards, labor relations, and the Colorado works grievance procedure under the provisions of articles 1 to 6, 9, 10, 12, and 13 of this title and section 26-2716 (3)(b), C.R.S.
(Deleted by amendment, L. 2003, p. 2181, § 1, effective June 3, 2003.)
To fund the administration of article 14.4 of this title 8. This subsection (2)(a)(II)(C) is repealed, effective July 1, 2022.
(a.5) (Deleted by amendment, L. 2003, p. 2181, § 1, effective June 3, 2003.) (a.7) and (a.8) Repealed.
(a.9) (I) Repealed.
(II) (A) Notwithstanding any provision of this subsection (2) to the contrary, on and after July 1, 2011, 0.0004 assessed against each employer's premium under section 8-76-102.5 (3)(a) or ten million dollars of all revenue collected annually under section 8-76-102.5 (3)(a), whichever is less, shall be credited to the employment and training technology fund, also referred to in this paragraph (a.9) as the "fund", which is hereby created in the state treasury. Any amount collected in excess of ten million dollars under this subparagraph (II) shall be credited to the unemployment compensation fund. Moneys in the fund shall be used for employment and training automation initiatives established by the director of the division. Moneys in the fund are subject to annual appropriation by the general assembly for the purposes of this paragraph (a.9) and shall not revert to the general fund or any other fund at the end of any fiscal year. The moneys in the fund are exempt from section 24-75-402, C.R.S. If the balance of the unemployment compensation fund created in section 8-77-101 falls below one hundred million dollars, the moneys in the employment and training technology fund shall be allocated to the unemployment compensation fund. Once cumulative revenue to the employment and training technology fund equals one hundred million dollars, less any moneys transferred to the unemployment compensation fund, no additional moneys shall be credited to the employment and training technology fund but instead shall be allocated to the unemployment compensation fund. At any other time, the moneys in the employment and training technology fund may be allocated to the unemployment compensation fund at the discretion of the executive director of the department of labor and employment.
(B) This subparagraph (II) is effective December 31, 2012.
The unexpended and unobligated moneys in the employment support fund shall notrevert to the general fund at the end of any fiscal year, and any unobligated amounts remaining in the fund at the end of any fiscal year shall be retained in the employment support fund for purposes of this subsection (2).
On and after July 1, 2001, moneys from the statewide indirect cost allocation agreement with the federal government may be used to supplement moneys in the employment support fund, in a manner that is consistent with the provisions of this subsection (2).
(Deleted by amendment, L. 2002, p. 207, § 1, effective August 7, 2002.) (3) (Deleted by amendment, L. 99, p. 974, § 2, effective May 28, 1999.) (4) Repealed.
Source: L. 90: Entire section added, p. 1766, § 7, effective June 8. L. 92: (3) amended, p. 1796, § 8, effective April 10. L. 96: (1) amended, p. 996, § 2, effective May 23; (4) repealed,
p. 1229, § 47, effective August 7. L. 99: (1), (2), and (3) amended, p. 974, § 2, effective May 28. L. 2001: (2) amended, p. 1218, § 1, effective June 5. L. 2002: (2)(a.5) added, p. 151, § 3, effective March 27; (2)(a)(II) and (2)(d) amended, p. 207, § 1, effective August 7. L. 2003:
(2)(a.7) added, p. 455, § 5, effective March 5; (2)(b) amended, p. 1540, § 2, effective May 1; (2)(a)(II)(B), (2)(a.5), and (2)(c) amended, p. 2181, § 1, effective June 3. L. 2009: (2)(a.8) added, (SB 09-208), ch. 149, p. 619, § 4, effective April 20; (1) amended and (2)(a.9) added, (SB 09-076), ch. 409, p. 2252, §§ 2, 3, effective July 1; (1) and (2)(a.9) amended, (HB 09-1363), ch. 363, p. 1904, §§ 25, 26, effective July 1. L. 2011: (1) and (2)(a.9) amended, (HB 11-1288), ch. 212, p. 929, § 14, effective July 1. L. 2012: IP(2)(a) and (2)(a)(I) amended, (HB 12-1120), ch. 27, p. 106, § 18, effective June 1. L. 2012, 1st Ex. Sess.: (1)(a)(II), (1)(b)(I), and (2)(a.9)(I)(B) amended, (HB 12S-1002), ch. 2, p. 2429, § 13, effective June 1. L. 2020: (2)(a)(II)(C) added, (HB 20-1415), ch. 276, p. 1356, § 2, effective July 11; (1)(b) amended and (2)(a.7) and (2)(a.8) repealed, (SB 20-207), ch. 296, p. 1474, § 8, effective July 14.
Editor's note: (1) Amendments to subsection (1) by Senate Bill 09-076 and House Bill 09-1363 were harmonized.
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).
Subsections (1)(a)(II) and (2)(a.9)(I)(B) provided for the repeal of subsections (1)(a) and (2)(a.9)(I), effective December 31, 2012. (See L. 2012, p. 2429.)
Section 4 of chapter 276 (HB 20-1415), Session Laws of Colorado 2020, providesthat the act changing this section applies to conduct occurring on or after July 11, 2020.
Cross references: For the legislative declaration contained in the 1996 act repealing subsection (4), see section 1 of chapter 237, Session Laws of Colorado 1996.