S.B. 96-72 Unemployment compensation - conformance with federal law - continuance of employment support fund - increase in allowable base-period wages - exemption from tax surcharge - decrease in penalty for failure to file tax report. Excludes from the definition of "employment" those aliens who are in the United States for 15 months or less and who are participating in an international cultural exchange program.
Requires new applicants for unemployment benefits to be advised that their benefits are subject to federal and state income tax and that they may elect to have each withheld.
Increases from $500 to $1000 the amount of base-period wages an employee may earn that is not subject to adjudication and clarifies that any benefits paid to the employee will be charged against the fund instead of the experience rating account of the employer. Provides that unemployment benefits received due to unemployment directly caused by a disaster declared by the president of the United States will not be charged against the experience rating account of an employer but against the unemployment compensation fund.
Allows companies that have unemployment compensation benefit charges of less than $100 for 3 fiscal years preceding the computation date to be exempted from the tax surcharge.
Changes the sunset date of the employment support fund from 1997 to 2002. Allows new employers to pay a $10 instead of $50 penalty for failure to file a tax report with the division of employment and training in the department of labor and employment during the first 4 quarters of unemployment coverage.
APPROVED by Governor April 17, 1996
PORTIONS EFFECTIVE April 17, 1996, January 1, 1997
S.B. 96-169 Unemployment compensation - employer's unemployment surcharge tax allocation. For the calendar year beginning January 1, 1996, and ending December 31, 1996, decreases the amount of the employer's surcharge tax allocated to the unemployment compensation fund from 80% to 70% and increases the amount allocated to the employment support fund from 20% to 30%.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-230 Minimum wage - prohibition of local minimum wage enactments. Specifies that minimum wage laws are a matter of statewide concern and prohibits local governments from enacting any jurisdiction-wide minimum wage laws other than minimum and prevailing wages to be paid by the local government to its own employees and to contractors and subcontractors of the local government.
VETOED by Governor June 5, 1996
H.B. 96-1024 Regulation of explosives - reduction in permit fees. Reduces the application and renewal fees for explosives permits charged by the division of labor in the department of labor and employment from $50 to $25.
APPROVED by Governor March 13, 1996
EFFECTIVE July 1, 1996
H.B. 96-1026 Petroleum storage tanks - surcharge - petroleum storage tank fund - claims - financial responsibility - appropriation. States that no environmental response surcharge shall be imposed if revenues in the petroleum storage tank fund ("fund") are greater than $30,000,000. Allows the surcharge to be adjusted if lesser amounts are in the fund, and states that, effective July 1, 2001, no surcharge shall be imposed if revenues in the fund exceed $8,000,000.
States that interest shall not begin to accrue on claims that are not reimbursed in a timely manner because of insufficient funds until 31 days after sufficient funds are available. Waives the $10,000 deductible for any eligible tank owner who discovers contamination when making required corrosion protection, overfill prevention, and monthly monitoring upgrades. Limits the liability of the fund to $2,000,000 during a state fiscal year for multiple occurrences involving tanks that are the responsibility of one owner, not to exceed $1,000,000 per occurrence.
Eliminates the requirement that owners and operators submit corrective action plans to the state inspector of oils. Prohibits certain owners and operators from using moneys in the fund to demonstrate their compliance with federal financial responsibility requirements. Makes moneys in the fund available to owners and operators who never operated an orphan aboveground storage tank or knew of a release from such tank. Makes corrective action provisions applicable to aboveground storage tanks.
Appropriates $6,560,000 from the petroleum storage tank fund to the department of labor and employment for petroleum storage tank site cleanup.
APPROVED by Governor May 15, 1996
EFFECTIVE May 15, 1996
H.B. 96-1040 Workers' compensation - medical impairment ratings - assignment of. Authorizes primary care physicians who are not level II accredited to make determinations of no permanent medical impairment. States that insurers and self-insured employers shall not be liable for the cost of any impairment evaluation that there is a permanent medical impairment, when such evaluation is made by a physician who is not level II accredited.
Sets forth the following procedures when maximum medical improvement (MMI) determinations are made by primary care physicians who are not level II accredited:
If permanent impairment has been sustained, requires the physician to conduct tests required by American Medical Association permanent impairment evaluation guides to make an MMI rating and transmit relevant medical information and test results to the insurer or self-insured employer.
If the employee chooses not to have the physician perform the tests or if the information is not transmitted in a timely manner, requires the self-insured employer or insurer to pay for the employee to return to Colorado for examination and rating.
Prohibits permanent disability benefits from being awarded if the employee refuses to return to Colorado for examination.
Requires the self-insured employer or insurer to appoint a level II physician within 20 days after receipt of the medical information to determine the employee's medical impairment rating. If the employee was treated in Colorado by a level II accredited physician for the same injury, requires that physician to be requested to determine the medical impairment rating.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
H.B. 96-1043 Unemployment compensation - calculation of benefits. For unemployment compensation purposes, defines "severance allowance" as any remuneration paid as compensation for weeks not worked after separation, other than vacation pay, wages in lieu of notice, or separation bonuses. Deems such remuneration to be a severance allowance if it is specified in a dollar amount or as a number of weeks whether or not:
Authorizes an employer, at its option, to designate remuneration as a separation bonus. States that a "separation bonus" is not a "severance allowance" thereby resulting in the postponement of unemployment compensation benefits rather than a reduction of such benefits.
Provides that the status of a severance allowance paid to a member of a bargaining unit shall be determined by the terms of the bargaining unit contract, if specifically provided in such contract, or the official records of the parties leading to the collective bargaining agreement.
APPROVED by Governor March 13, 1996
EFFECTIVE March 13, 1996
H.B. 96-1057 Workers' compensation - creation of classification appeals board. Creates the workers' compensation classification appeals board in the division of insurance in the department of regulatory agencies, for the purpose of hearing grievances by employers against insurers and the Colorado compensation insurance authority (CCIA) concerning the calculation of experience modification factors and classification assignment decisions. Allows employers to appeal by filing notice with the board within 30 days after it has exhausted all appeal procedures of the insurer. Requires insurers to provide employers with a copy of their appeal procedures at designated times. Requires the board to notify the appellant, insurer, and the workers' compensation rating organization within 30 days after receiving notice of an appeal and at least 10 days before the hearing.
States that the board shall consist of 5 voting members and 1 nonvoting member as follows:
Includes appointment and conflict of interest provisions. States that members shall serve 3-year staggered terms. Makes members immune from liability in tort claims.
States that board decisions are final; except that the employer, insurer, or CCIA may provide notice to the commissioner of insurance who shall determine if a job misclassification occurred. Allows disputed premium amounts to be held in abeyance until a final decision is made by the board or the commissioner issues a decision, whichever occurs later. If the employer loses its appeal, provides that it shall pay the disputed premium amount plus interest at the rate of 1% of the disputed premium amount per month.
States that provisions creating the board shall be repealed, effective July 1, 2001.
APPROVED by Governor May 31, 1996
EFFECTIVE October, 1. 1996
H.B. 96-1126 Workers' compensation - medical benefits - repeal of medical care accreditation commission - continuation of accreditation function. Repeals the workers' compensation medical care accreditation commission. Continues the accreditation function of the director of the division of workers' compensation in the department of labor and employment until July 1, 2003, pursuant to the sunset law.
APPROVED by Governor April 8, 1996
EFFECTIVE July 1, 1996
H.B. 96-1186 Workers' compensation - corporate officers and others - procedures - effect. Provides that corporate officers and members of limited liability companies are eligible to elect not to be covered by workers' compensation insurance if they control, supervise, or manage the corporation or company and meet the current statutory 10% ownership requirement. Requires such corporate officers or members of limited liability companies to send notice by certified mail of their election not to be covered to the corporation or company's workers' compensation insurance carrier, if any, and, if none, to the division of workers' compensation in the department of labor and employment. Directs the director to promulgate a rule approving the form of the notice. Provides that the election is effective on the day following the receipt of the notice by the insurance company or division.
States that working general partners, sole proprietors, corporate officers, or members of limited liability companies who choose not to be covered by workers' compensation insurance are not the statutory employee of a person, company, or corporation that contracts out all or part of its work. Clarifies that such persons have no claim under the "Workers' Compensation Act of Colorado".
APPROVED by Governor May 1, 1996
EFFECTIVE May 1, 1996
H.B. 96-1209 Labor Peace Act - definition of farm labor. Defines "farm" for the purpose of identifying persons who are farm labor under the "Labor Peace Act".
APPROVED by Governor April 12, 1996
EFFECTIVE April 12, 1996
H.B. 96-1226 Workers' compensation - termination of benefits - finding of maximum medical improvement - right to request independent exam. Allows an injured worker or other interested party to request an independent medical examination if either party disputes a finding by the worker's authorized treating physician that the worker has or has not reached maximum medical improvement (MMI). (Current law allows such a request only upon a finding that the worker has reached MMI.)
In cases where an authorized treating physician has not determined that the worker has reached MMI, allows the employer or insurer to request an independent examination only if at least 18 months have passed since the injury, the authorized treating physician has been asked in writing to make a finding of MMI, and a physician other than the authorized treating physician has determined that the worker has reached MMI.
Applies to determinations of MMI made on or after July 1, 1996.
APPROVED by Governor April 23, 1996
EFFECTIVE July 1, 1996
H.B. 96-1230 Workers' compensation - benefits - temporary disability - criteria for termination - notice. Where a worker is employed by a temporary help contracting firm, allows termination of temporary total disability (TTD) and temporary partial disability (TPD) benefits under the workers' compensation statutes upon the refusal of the injured worker to accept modified employment without requiring the offer of modified employment to be in writing, if:
Adds provisions to make the criteria for termination of TPD benefits consistent with the criteria for termination of TTD benefits. Applies to claims for injuries occurring on or after July 1, 1996.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1996
H.B. 96-1235 Workers' compensation - failure to timely admit or deny liability - limit on civil penalties. Limits the amount of civil penalties that may be imposed on an employer or insurer for failure to timely admit or deny liability on a workers' compensation claim to a maximum of 365 days' compensation. Specifies that no penalty for failure to timely admit or deny liability may be assessed if filed more than 7 years after the alleged violation.
Requires the division of workers' compensation in the department of labor and employment to retain original claim records for at least 7 years after closure of any case. Limits use of records after a case has been closed for more than 7 years to reopening a settlement on grounds of fraud or mutual mistake of material fact.
Applies to all requests for penalties under the "Workers' Compensation Act of Colorado" filed on or after July 1, 1996.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1996
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