Date: 03/10/2010
Final
BILL SUMMARY for HB10-1287
HOUSE COMMITTEE ON FINANCE
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11:12 AM -- House Bill 10-1287 - Concerning the Use of State Motor Vehicles
Representative Lambert, prime sponsor, explained that House Bill 10-1287, as amended by the House State Veterans & Military Affairs Committee, repeals a state agency's ability to waive reimbursement to the state for commuting. An exception from reimbursement is made for an officer or employee whose duties are routinely related to law enforcement and expose them to life-threatening situations.
Representative Lambert continued by saying that the bill also requires commuter program information to be reported each August to the Division of Central Services (DCS) within the Department of Personnel & Administration (DPA). He said that under the bill, any person who fails to reimburse the state for their participation in the commuter program before the annual August report is subject to a new civil penalty of twice the amount owed. The DCS is authorized to collect penalties and deposit them in a new Commuting Reimbursement Cash Fund.
The committee discussed the committee report by State Veterans & Military affairs and the definition of a vehicle being a state official work station. After a brief committee discussion, testimony was heard.
The following persons testified:
11:29 AM -- Ms. Roxanne Huber, Colorado Department of Revenue, discussed the department's position on employee reimbursements. Ms. Huber discussed how the definition of home office would be changed under the bill.
11:32 AM -- Mr. Bobby Juchem , Colorado State Patrol, responded to questions and expressed concerns about the bill's treatment of on-call responses by officers. In many circumstances, officers do work-related tasks on the commute to work.
The committee engaged in a discussion about the definition of "home-office" by the Internal Revenue Service (IRS) and whether it is consistent with the amended bill. The discussion continued and a representative from the Colorado Department of Transportation responded to the discussion.
11:49 AM -- Ms. Pamela Hutton, Colorado Department of Transportation (CDOT), responded to committee questions regarding the bill. Ms. Hutton noted that the department has about 200 employees who use state vehicles as first responders. Ms. Hutton noted that when CDOT workers enter a vehicle when parked at a residence, it become a state-use vehicle by the first responder.
12:13 PM -- Ms. Caroline Smith, Joint Budget Committee Staff, responded to committee questions regarding revenue impacts in the bill.
12:15 PM -- Mr. Ed DeCecco, Office of Legislative Legal Services, responded to questions about the definition of commuting.
12:19 PM
The committee recessed.
01:34 PM
The committee reconvened.
01:34 PM -- Mr. James Welton, Colorado Department of Corrections, testified in opposition of the bill. Mr. Welton commented that many of the state vehicles that are used by the department's personnel are loaded with weapons and other public safety equipment. He noted that these employees are on 24 hour duty and use state vehicles to secure crime scenes (especially when the call is made by a first responder). He noted that given an employee's schedule, it is difficult to ask staff to pay for the use of vehicles under such circumstances.
01:42 PM -- Mr. Tim Hand, Colorado Department of Corrections, testified in opposition of the bill. Mr. Hand discussed the duty of department officials and types of equipment used in state vehicles. Mr. Hand closed by asking the committee to consider the mission of public safety when debating the bill.
01:49 PM -- Ms. Caroline Smith, Joint Budget Committee, distributed a packet of materials on the legislation (Attachment A) and responded to committee questions.
02:01 PM
Representative Judd laid over the bill to allow the prime sponsor time to respond to some of the concerns raised by the committee.