Date: 03/15/2012

Final
BILL SUMMARY for SB12-012

HOUSE COMMITTEE ON TRANSPORTATION

Votes: View--> Action Taken:
Moved to refer Senate Bill 12-012 to the Committee
Moved to strike lines 16-21, page 1, and lines 1-1		PASS



10:27 AM -- Senate Bill 12-012

Representative Miklosi, prime sponsor, presented Senate Bill 12-012. The bill, as recommended by the Legislative Audit Committee, changes the frequency of performance and equipment audits of auto emission testing facilities. Among other things, it decreases the frequency of overt performance audits and increases the frequency of covert performance audits. It also allows the Department of Revenue (DOR) to conduct additional audits under other conditions. Representative Miklosi discussed the provisions of the bill and distributed a handout (Attachment A). Representative Looper asked for information concerning covert performance audits. Representative Miklosi responded that a covert performance audit is an unannounced testing whereas an overt performance audit is scheduled and timely. Representative Brown asked about covert performance audits. Representative Miklosi said that a statutory change is necessary to allow for covert performance audits. Representative Vaad asked for information about discussion on the Senate floor on the bill. Representative Brown commented on the language of the bill.

120315 AttachA.pdf

10:35 AM -- Mr. Eric Johnson, representing the Office of the State Auditor, came to the table to respond to questions from the committee concerning language in the bill. Representative Looper asked what the decrease in overt performance audits will be as a result of the bill. Mr. Johnson said that state law requires that DOR conduct performance audits and equipment audits four times per year, while the Environmental Protection Agency (EPA) requires these audits to be conducted twice per year. Discussion ensued concerning the audit report. Mr. Johnson discussed recommendations from the audit report. Representative Brown asked if the EPA requires covert performance audits. Mr. Johnson responded yes. Representative Looper asked if there are violations that are currently occurring based on existing covert audits that would justify the increase of covert audits under this bill. Mr. Johnson said that the DOR would be better suited to respond to that question. Representative Tyler asked for more information concerning testing facilities in the state. Representative Miklosi commented on the audit report concerning covert performance audits.

10:44 AM

Representative Brown asked for more information concerning the EPA audit requirements. Mr. Johnson discussed performance audits and equipment audits conducted by the EPA.

10:46 AM

Representative Looper asked about violations that are found in a performance audit and associated fines.

10:47 AM -- Mr. Rick Kiger, representing the DOR, came to the table to respond to questions from the committee. Mr. Kiger commented on fines required when violations are found in an audit. Mr. Kiger acknowledged the importance and relevance of covert performance audits.

10:51 AM

Representative Brown asked how the state compares to the EPA regulations. Mr. Kiger responded that the state will mirror the EPA regulations under the bill.

10:52 AM -- Mr. Kiger, representing the DOR, came back to the table to express his support for the bill. Representative Young asked if Mr. Kiger concurs with the data in the fiscal note. Mr. Kiger said that the department concurs with the fiscal note.


BILL:SB12-012
TIME: 10:54:58 AM
MOVED:Looper
MOTION:Moved to strike lines 16-21, page 1, and lines 1-11, page 2 of the bill. The motion was withdrawn before a vote was taken. The motion passed without objection.
SECONDED:Priola
VOTE
Barker
Brown
Fischer
Hamner
Jones
Priola
Ramirez
Scott
Tyler
Williams A.
Young
Looper
Vaad
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:SB12-012
TIME: 11:04:23 AM
MOVED:Fischer
MOTION:Moved to refer Senate Bill 12-012 to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 11-2.
SECONDED:Williams A.
VOTE
Barker
Yes
Brown
Yes
Fischer
Yes
Hamner
Yes
Jones
Yes
Priola
No
Ramirez
Yes
Scott
Yes
Tyler
Yes
Williams A.
Yes
Young
Yes
Looper
No
Vaad
Yes
YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS