HB2802ham002 100TH GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 4/4/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2802

2    AMENDMENT NO. ______. Amend House Bill 2802 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Transportation Benefits Program Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Covered employee" means any person who performs an average
8of at least 10 hours of work per week for compensation within
9the geographic boundaries of the jurisdiction of the Regional
10Transportation Authority for the same employer within the
11previous calendar month. All persons performing work for
12compensation on a full-time, part-time, or temporary basis
13shall be counted, including persons made available to work
14through the services of a temporary services or staffing agency
15or similar entity.
16    "Covered employer" means an employer within the geographic

 

 

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1boundaries of the Regional Transportation Authority
2jurisdiction for which an average of 25 or more full-time
3employees work for compensation.
4    "Employer" means any individual, partnership, association,
5corporation, limited liability company, or business trust who
6directly or indirectly, or through an agent or any other
7person, employs or exercises control over wages, hours, or
8working conditions of an employee.
9    "Public transit" means any transportation system within
10the authority and jurisdiction of the Regional Transportation
11Authority.
12    "Qualified parking" means parking provided to an employee
13on or near the business premises of the employer or on or near
14a location from which the employee commutes to work by
15transportation on public transit. "Qualified parking" does not
16include parking on or near property used by the employee for
17residential purposes.
18    "Transit pass" means any pass, token, fare card, voucher,
19or similar item entitling a person to transportation on public
20transit.
 
21    Section 10. Transportation benefits program.
22    (a) Except as provided in subsection (b), all covered
23employers shall provide at least one of the following
24transportation benefit programs to covered employees:
25        (1) A program consistent with 26 U.S.C. 132(f) that

 

 

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1    allows employees to elect to exclude from taxable wages and
2    compensation the employee's commuting costs incurred for
3    the purchase of a transit pass to use public transit or for
4    the purchase of qualified parking, up to a maximum level
5    allowed by federal tax law.
6        (2) A program under which the employer supplies a
7    transit pass for the particular qualifying public transit
8    requested by the covered employee or reimburses the covered
9    employee for payments made for the use of qualified
10    parking.
11    (b) This Act does not apply to a covered employer whose
12place of business is located in a zip code in which
13regularly-scheduled transit service does not operate.
 
14    Section 15. List of zip codes. The Regional Transportation
15Authority shall prepare a list of zip codes within the
16geographic area of the Authority in which regularly-scheduled
17transit service does not operate. The Authority shall publish
18the list of zip codes on its website.
 
19    Section 99. Effective date. This Act takes effect January
201, 2018.".