HomeMy WebLinkAbout16255
City Clerk's Office Item # Q5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 9, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: A RESOLUTION FROM THE CITY OF PUEBLO IN OPPOSITION TO
COLORADO HOUSE BILL 26-1037, DECLARING THE BILL HARMFUL
TO PUBLIC SAFETY, MUNICIPAL GOVERNANCE, AND HOME RULE
AUTHORITY AND CALLING UPON THE COLORADO GENERAL
ASSEMBLY TO VOTE NO THEREON
SUMMARY:
Attached is a Resolution in opposition to Colorado House Bill 26-1037 concerning
prohibiting a government entity from obtaining certain personal data from a third party
for use by a government entity in exchange for anything of value.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
The bill prohibits law enforcement and other government entities from purchasing, or
otherwise obtaining for anything of value, certain personal data from third parties. Law
enforcement agencies and other government entities are also prohibited from sharing
individuals' personal data between themselves.
Exceptions are created for obtaining personal data, including after obtaining a judicial
warrant, subpoena, or court order, when an individual consents to sharing their data and,
in the case of an emergency, involving a threat to a person's life or physical safety.
The bill creates a private cause of action for an individual who has their personal data
obtained or shared in violation of the prohibitions in the bill. Personal data obtained or
shared is excluded from trial and other court proceedings, subject to certain exceptions.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City in passing this Resolution.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
City Council could choose not to publicly oppose Colorado House Bill 26-1037.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. HB 2026-1037
RESOLUTION NO. 16255
A RESOLUTION FROM THE CITY OF PUEBLO IN OPPOSITION
TO COLORADO HOUSE BILL 26-1037, DECLARING THE BILL
HARMFUL TO PUBLIC SAFETY, MUNICIPAL GOVERNANCE,
AND HOME RULE AUTHORITY AND CALLING UPON THE
COLORADO GENERAL ASSEMBLY TO VOTE NO THEREON
WHEREAS, the City of Pueblo is a home rule municipality under Article XX of the Colorado
Constitution, vested with primary authority over matters of local concern, including public safety
operations, law enforcement, and municipal administration; and
WHEREAS, the Pueblo City Council has a fundamental duty to protect the safety,
property, and constitutional rights of the residents of the City of Pueblo through effective, lawful,
and locally accountable governance; and
WHEREAS, Colorado House Bill 26-1037 proposes to prohibit government entities from
purchasing or otherwise obtaining personal data from third parties in exchange for anything of
value, restrict intergovernmental sharing of such data, and create evidentiary exclusion and a
private right of action against government entities; and
WHEREAS, the City Council finds that House Bill 26-1037 is overbroad, ambiguously
drafted, and insufficiently tailored, creating substantial legal uncertainty and potential liability for
routine municipal operations, lawful investigations, and standard procurement practices; and
WHEREAS, Colorado House Bill 26-1037 risks disabling lawful and commonly used
policing tools, including investigative databases, commercial data services, identity verification
platforms, and other data necessary for fraud prevention, public safety investigations, and
emergency response; and
WHEREAS, Colorado House Bill 26-1037 seeks to impose administrative, training,
compliance, and auditing requirements on municipalities without providing funding, staffing, or
resources, constituting an unfunded mandate that diverts limited resources from frontline public
safety services; and
WHEREAS, Colorado House Bill 26-
invents a private right of action to sue municipalities for money damages, and attorney fees,
creating an incentive structure for lawsuits at taxpayer expense over technicalities and definitions;
and
WHEREAS, existing constitutional and statutory protections already regulate government
access to personal data, including Fourth Amendment protections, warrant and subpoena
requirements, and civil liability provisions, making Colorado House Bill 26-1037 redundant and
unnecessarily punitive; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City Council of the City of Pueblo, for the above stated reasons, opposes the passage
of Colorado House Bill 26-1037 and calls upon the Colorado General Assembly to vote no
thereon.
SECTION 2.
A copy of this Resolution be transmitted to all members of the Colorado General Assembly
and the Governor of Colorado.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Resolution to effectuate the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: February 9, 2026
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK