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Legislative Review Committee Agenda
Meeting Notes
April 9, 2013, 4:00 p.m.
City Manager’s Conference Room
Present: Wade Troxell, Councilmember; Lisa Poppaw, Councilmember; Wendy
Williams, Assistant City Manager; Steve Roy, City Attorney; Dan Weinheimer,
Legislative Policy Manager
Absent: Third Committee member pending appointment
Guests: none
Councilmember Poppaw called the meeting to order at 4:38 pm.
Adoption of the minutes from the March 26, 2013 meeting were moved for
approval by Councilmember Poppaw and seconded by Councilmember Troxell.
Minutes were adopted without amendment.
Dan Weinheimer stated that unless Committee member sought additional
information about bills with existing positions he was going to summarize the
four new bills and the status of oil and gas-related legislation.
Dan started with HB13-1288 which would establish a statewide uniform sales
and use tax base. Dan noted that staff is willing to study the issue in a deliberate
way. He stated that this bill would propose to study the issue of a uniform
statewide tax base but that CML was going to be looking at amending the bill.
Based on the recommendations of staff, LRC adopted an oppose position on this
bill.
HB13-1292 is called the Keep Jobs in Colorado Act and Dan noted that it
attempts to do several things with state contracting, most notably altering an
existing law requiring 80% of a subcontractor’s employees to reside in Colorado.
The bill would amend this existing law to apply to general contractors and audit.
Councilmember Poppaw sought to understand more details of the bill, noting that
staff was not recommending a position. Steve Roy stated that the City’s primary
concern would be if the bill altered Fort Collins’ ability to use either design-build
or request for proposal process but at this time staff did not believe the bill
impacted those purchasing options. Councilmember Troxell sought to understand
CML’s position. Dan said that he was not aware of a formal position and that
CML was reaching out to assess members’ concerns. Councilmember Poppaw
asked about the managerial-level construction tradespeople and how that might
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factor into the 80% rule. Dan said that because its 80% total employees and there
are waivers for trades that Coloradans cannot provide that its unlikely to impact
the average construction project. He said it appeared the purpose of the bill was to
retain more state-funded contract money within Colorado by paying residents to
do work. LRC adopted a monitor position on the bill based on interest but no
apparent impact.
HB13-1295 was considered and would simplify state sales tax collection to
prepare for the Marketplace Fairness Act implementation at the federal level.
Dan noted this bill seeks to prepare Colorado to participate should the
Marketplace Fairness Act pass the U.S. Congress. The federal bill would provide
states and cities an opportunity to collect sales tax from internet sales. Staff
recommended a support position for the bill. Councilmember Troxell questioned
whether the bill would see sales tax collected at the state level and if that would
limit the amount available to cities. Staff was unable to answer the question
because the bill was so newly introduced. Dan noted that CML supports the bill.
LRC adopted a monitor on the bill until such time staff can determine the process
for cities to collect sales tax.
SB13-252 would adopt several energy efficiency measures. Dan described the
bill as having several energy efficiency program ideas included. He said that
during a hearing the previous day that the mandate on municipal utilities was
amended out of the bill and so it may be less objectionable. Councilmember
Troxell noted that he was in favor of a bill that supported additional options for
renewable energy. Councilmember Poppaw asked whether the City should
support the bill especially given that it would not impose a mandate on Fort
Collins Utilities. Staff had been recommending a monitor position the bill. The
LRC adopted a support position for the bill.
Dan then briefly summarized the oil and gas-related bills that are active in the
General Assembly. He noted that the City has adopted support positions on each
of the seven bills and that all remain active and several will have hearings in the
coming week.
The meeting was adjourned at 5:01pm.