Bill Summary for Bill Number HB10-1287

Date: 04/14/2010

Final
BILL SUMMARY for HB10-1287

HOUSE COMMITTEE ON FINANCE

Votes: View-->	Action Taken:
Moved amendment L.011 (Attachment F), and an amend Moved amendment L.016 (Attachment H). The motion Moved to sever amendment L.012 (Attachment I) (Sev Moved to sever amendment L.012 (Attachment I) (Sev Refer House Bill 10-1287, as amended, to the Commi	PASS FAIL FAIL FAIL PASS

02:53 PM -- 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.

Representative Lambert distributed amendment L.011 (Attachment F) and explained that it more clearly defines who is subject to the reimbursement requirements, based on aligning state statute with the Internal Revenue Code. He continued by saying that it directs the Department of Personnel and Administration to apply the Internal Revenue Code's lease-value methodology for determining the amount of individual reimbursements. After a brief committee discussion, testimony was heard.

The following persons testified:

03:30 PM -- Mr. Ari Zavaras, representing the Colorado Department of Corrections, testified in support of the bill as amended by amendment L.011.

03:44 AM -- Mr. Bobby Juchem, representing the 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.

03:57 PM -- Mr. Herman Stockinger, representing the Colorado Department of Transportation, responded to committee questions.

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.


BILL:	HB10-1287
TIME:	04:00:06 PM
MOVED:	Kefalas
MOTION:	Moved amendment L.011 (Attachment F), and an amendment to the amendment (L.013) (Attachment G). The motion passed on a 11-0 vote.
SECONDED:	DelGrosso
		VOTE
	DelGrosso	Yes
	Frangas	Yes
	Gerou	Yes
	Kagan	Yes
	Kefalas	Yes
	Labuda	Yes
	Roberts	Yes
	Summers	Yes
	Swalm	Yes
	Benefield	Yes
	Judd	Yes

Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1287
TIME:	04:30:09 PM
MOVED:	Frangas
MOTION:	Moved amendment L.016 (Attachment H). The motion failed on a 9-2 vote.
SECONDED:	Labuda
		VOTE
	DelGrosso	No
	Frangas	Yes
	Gerou	No
	Kagan	No
	Kefalas	No
	Labuda	Yes
	Roberts	No
	Summers	No
	Swalm	No
	Benefield	No
	Judd	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1287
TIME:	04:15:59 PM
MOVED:	Labuda
MOTION:	Moved to sever amendment L.012 (Attachment I) (Severed Section B lines 11 through 21). The motion failed on a 8-3 vote.
SECONDED:	Benefield
		VOTE
	DelGrosso	No
	Frangas	Yes
	Gerou	No
	Kagan	No
	Kefalas	No
	Labuda	Yes
	Roberts	No
	Summers	No
	Swalm	No
	Benefield	Yes
	Judd	No

Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1287
TIME:	04:02:20 PM
MOVED:	Benefield
MOTION:	Moved to sever amendment L.012 (Attachment I) (Severed Section A lines 1 through 10). The motion failed on a 8-3 vote.
SECONDED:	Labuda
		VOTE
	DelGrosso	No
	Frangas	No
	Gerou	No
	Kagan	No
	Kefalas	Yes
	Labuda	Yes
	Roberts	No
	Summers	No
	Swalm	No
	Benefield	Yes
	Judd	No

Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1287
TIME:	04:39:36 PM
MOVED:	Kefalas
MOTION:	Refer House Bill 10-1287, as amended, to the Committee on Appropriations. The motion passed on a 10-1 vote.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Frangas	Yes
	Gerou	Yes
	Kagan	Yes
	Kefalas	Yes
	Labuda	No
	Roberts	Yes
	Summers	Yes
	Swalm	Yes
	Benefield	Yes
	Judd	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:43 PM

Recess.