Date: 02/10/2010

Final
BILL SUMMARY for HB10-1087

HOUSE COMMITTEE ON FINANCE

Votes: View--> Action Taken:
Moved amendment L.002. The motion passed on a 9-2
Moved amendment L.004. The motion passed on a 7-3
Moved to postpone House Bill 10-1087 indefinitely.
Refer House Bill 10-1087, as amended, to the Commi
PASS
PASS
PASS
FAIL



11:45 AM -- House Bill 10-1087 - Concerning the Elimination of the Requirement that an Employer Withhold Colorado Income Tax


Representative Swalm, prime sponsor, explained that House Bill 10-1087 eliminates the requirement that employers deduct and withhold Colorado income tax from an employee's wages starting January 1, 2011. Under the bill, withholding of state income tax from a worker's wages would only occur if the employee and employer voluntarily agree to it.

He continued by noting that individuals who stop having state income tax withheld would still generally be required to file annual tax returns and those with state income tax liabilities above $1,000 would be required to make quarterly estimated payments to the state due to provisions in current law.

Representative Swalm noted that initially, as the bill is written, it gives the employer the option to withhold. He continued by noting an amendment that would allow only the employee to opt out of the withholding requirement. Also, he spoke to a second amendment that would be triggered when an employer gets notice from the state that an employee has not paid income taxes, then the employer would continue to withhold.

Representative Swalm discussed the history of the income tax and the burden that it imposes on taxpayers in America. He noted that we had a system in the 1940s that allowed persons to make quarterly payments.


12:07 PM

The bill was placed on the table for action and Representative Swalm distributed amendments L.002 (Attachment B) and L.004 (Attachment C).

10HseFin0210AttachB.pdf 10HseFin0210AttachC.pdf
BILL:HB10-1087
TIME: 12:08:09 PM
MOVED:Swalm
MOTION:Moved amendment L.004. The motion passed on a 7-3 vote.
SECONDED:Roberts
VOTE
DelGrosso
Yes
Frangas
No
Gerou
Yes
Kagan
Yes
Kefalas
No
Labuda
No
Roberts
Yes
Summers
Excused
Swalm
Yes
Benefield
Yes
Judd
Yes
Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:HB10-1087
TIME: 12:09:58 PM
MOVED:Summers
MOTION:Moved amendment L.002. The motion passed on a 9-2 vote.
SECONDED:Roberts
VOTE
DelGrosso
Yes
Frangas
Yes
Gerou
Yes
Kagan
Yes
Kefalas
No
Labuda
Yes
Roberts
Yes
Summers
Yes
Swalm
Yes
Benefield
Yes
Judd
No
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB10-1087
TIME: 12:12:02 PM
MOVED:Swalm
MOTION:Refer House Bill 10-1087, as amended, to the Committee on Appropriations. The motion failed on a 3-8 vote.
SECONDED:Gerou
VOTE
DelGrosso
No
Frangas
No
Gerou
Yes
Kagan
No
Kefalas
No
Labuda
No
Roberts
No
Summers
Yes
Swalm
Yes
Benefield
No
Judd
No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB10-1087
TIME: 12:28:08 PM
MOVED:Benefield
MOTION:Moved to postpone House Bill 10-1087 indefinitely. The motion passed on a 6-5 vote.
SECONDED:Labuda
VOTE
DelGrosso
No
Frangas
Yes
Gerou
No
Kagan
Yes
Kefalas
Yes
Labuda
Yes
Roberts
No
Summers
No
Swalm
No
Benefield
Yes
Judd
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



12:28 PM

Recess.