Rep. Theresa Mah
Filed: 3/23/2017
 
 

 

 

 
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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.

12    "Covered employer" means an employer within the boundaries 
13of the Regional Transportation Authority for which an average 
14of 25 or more full-time employees for compensation. In 
15determining the number of persons performing work for an 
16employer during a given week, all persons performing work for 
 
 
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1compensation on a full-time, part-time, or temporary basis 
2shall be counted, including persons made available to work 
3through the services of a temporary services or staffing agency 
4or similar entity.
5    "Employer" means any individual, partnership, association, 
6corporation, limited liability company, or business trust who 
7directly or indirectly, or through an agent or any other 
8person, employs or exercises control over wages, hours, or 
9working conditions of an employee.
10    "Public transit" means any transportation system within 
11the authority and jurisdiction of the Regional Transportation 
12Authority.

13    "Qualified parking" means parking provided to an employee 
14on or near the business premises of the employer or on or near 
15a location from which the employee commutes to work by 
16transportation on public transit. "Qualified parking" does not 
17include parking on or near property used by the employee for 
18residential purposes.
19    "Transit pass" means any pass, token, fare card, voucher, 
20or similar item entitling a person to transportation on public 
21transit.

 
22    Section 10. Transportation benefits program. 
23    (a) Except as provided in subsection (b), all covered 
24employers shall provide at least one of the following 
25transportation benefit programs to covered employees:
 
 
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1        (1) A program consistent with 26 U.S.C. 132(f) that 
2    allows employees to elect to exclude from taxable wages and 
3    compensation the employee's commuting costs incurred for 
4    the purchase of a transit pass to use public transit or for 
5    the purchase of qualified parking, up to a  maximum level 
6    allowed by federal tax law.
7        (2) A program under which the employer supplies a 
8    transit pass for the particular qualifying public transit 
9    requested by the covered employee or reimburses the covered 
10    employee for payments made for the use of qualified 
11    parking.
12    (b) This Act does not apply to a covered employer whose 
13place of business is located in a zip code in which 
14regularly-scheduled transit service does not operate.
 
15    Section 15. List of zip codes. The Regional Transportation 
16Authority shall prepare a list of zip codes within the 
17geographic area of the Authority in which regularly-scheduled 
18transit service does not operate. The Authority shall publish 
19the list of zip codes on its website.
 
 
20    Section 99. Effective date. This Act takes effect January 
211, 2018.".