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HomeMy WebLinkAbout10318ORDINANCE NO. 10318 AN ORDINANCE AMENDING SECTION 14-4-76 OF THE PUEBLO MUNICIPAL CODE RELATING TO SALES AND USE TAX AND EXEMPTING FROM SALES TAX ALL SALES OF PERIOD PRODUCTS, INCONTINENCE PRODUCTS AND DIAPERS PURCHASED ON AND AFTER JANUARY 1, 2023 WHEREAS, the State of Colorado has enacted a sales tax exemption exempting from sales tax all sales of period products, incontinence products and diapers purchased on and after January 1, 2023; and WHEREAS, the creation of such a specific but limited tax exemption would be in the best interest of the City and its citizens; and WHEREAS, the granting of the sales and use tax exemption set forth in this Ordinance makes uniform the provisions of said Chapter 4 with the laws of the State of Colorado in accordance with the authority granted to City Council pursuant to Section 4 of Ordinance No. 3160, passed and approved by a vote of the people on November 6, 1967; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 14-4-76 of the Pueblo Municipal Code, is amended by the addition of a new subsection (24) to read as follows: Sec. 14-4-76. Items Exempt. The following classes of tangible personal property are exempt from taxation under this Chapter: . . . (24) All sales of period products, incontinence products and diapers purchased on and after January 1, 2023. For the purposes of this exemption, the following words have the following meanings: a. “Period products” means consumer products used to manage menstruation; and b. “Incontinence products and diapers” means absorbent cloth or disposable products worn by humans who are incapable of, or have difficulty, controlling their bladder or bowel movements. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 24, 2022. Final adoption of Ordinance by City Council on November 14, 2022 . President of City Council Action by the Mayor: ☒ Approved on November 17, 2022 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R1 Background Paper for Proposed Ordinance October 24, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Bob Jagger, Deputy City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 14-4-76 OF THE PUEBLO MUNICIPAL CODE RELATING TO SALES AND USE TAX AND EXEMPTING FROM SALES TAX ALL SALES OF PERIOD PRODUCTS, INCONTINENCE PRODUCTS AND DIAPERS PURCHASED ON AND AFTER JANUARY 1, 2023 SUMMARY: The proposed Ordinance makes uniform the provisions of the City’s Sales and Use Tax Code with the laws of the State of Colorado with respect sales tax exemptions for period products, incontinence products and diapers. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The tax exemption will make the City’s tax code uniform with the exemption recently enacted by the State of Colorado with respect to period products, incontinence products and diapers. The public purpose promoted by such exemption includes the following: (a) With respect to period products, the exemption will increase the affordability of period products and redress the inequitable burden that the imposition of sales tax places on women for whom such products are essential; and (b) With respect to incontinence products and diapers, the exemption will increase the affordability of incontinence products and diapers and to redress the inequitable burden that the imposition of sales tax places on parents, individuals caring for infants and young children, and other users of incontinence products for whom such products are essential. FINANCIAL IMPLICATIONS: The proposed Ordinance is estimated to decrease revenue by $250,000 each fiscal year, which is approximately .38% of the total City sales tax revenue. The approximate percentage used to determine the sales tax for period products, incontinence products, and diapers is extrapolated from the financial impact contained in Colorado HB 22- 1055. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could choose not to enact the Ordinance, and no City sales tax exemption would exist for period products, incontinence products and diapers. RECOMMENDATION: This is a tax policy issue reserved to Council’s discretion. ATTACHMENTS: None