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City Clerk's Office Item # Q6
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 SENATE BILL 26-
CALLING UPON THE COLORADO GENERAL ASSEMBLY TO VOTE NO
THEREON
SUMMARY:
Attached is a Resolution in opposition to Colorado Senate Bill 26-071 concerning
prohibiting a government entity from accessing a database that stores historical location
information
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
The bill establishes the "Surveillance Accountability and Freedom Ensured (SAFE) Act"
(SAFE Act). On and after July 1, 2027, the SAFE Act requires a law enforcement agency
to use surveillance technology only for lawful purposes directly related to public safety or
for an active investigation.
If a law enforcement agency uses surveillance technology to collect surveillance data,
the law enforcement agency must comply with certain requirements related to the
collection, storage, sharing, and destruction of the data.
The law enforcement agency must ensure that:
Facial recognition systems are only used after a warrant is obtained or in exigent
circumstances when there is an imminent threat to public safety;
Traffic cameras and automated license plate readers must only be used in public
spaces and for specific enforcement purposes, such as traffic violations or
identifying stolen vehicles; and
Drone cameras are operated in compliance with federal aviation administration
regulations.
A law enforcement agency may store data collected by surveillance technology only for
a specified amount of time depending on the type of technology used and how the data
is collected or until an active investigation is concluded.
A law enforcement agency shall not sell any data that is collected from its surveillance
technologies, but the law enforcement agency may share the surveillance data with
another law enforcement agency if the data is related to an active investigation and the
other law enforcement agency agrees to comply with the requirements of the SAFE Act.
A law enforcement agency must also ensure that surveillance data is permanently
destroyed at the end of an applicable retention period or once the data is no longer
needed for the matter. The bill creates civil penalties for violations of these provisions.
The bill also requires a law enforcement agency to make certain information related to
the law enforcement agency's compliance with the SAFE Act available to residents who
request it at no cost to the resident.
The bill requires the attorney general to conduct an audit of a law enforcement agency
every 2 years and authorizes the attorney general to bring a civil action to enforce the
SAFE Act.
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 Senate Bill 26-071.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. SB 26-71 SAFE Act
RESOLUTION NO. 16256
A RESOLUTION FROM THE CITY OF PUEBLO IN OPPOSITION
TO COLORADO SENATE BILL 26-071, KNOWN AS THE
ASSEMBLY TO VOTE NO THEREON
WHEREAS, the City of Pueblo is a home rule municipality under Article XX of the Colorado
Constitution, vested with plenary authority over matters of local concern, including policing, public
safety operations, and the administration of municipal government; and
WHEREAS, the Pueblo City Council has a fundamental duty to protect the lives, property,
and constitutional rights of Pueblo residents through effective, lawful, and locally accountable
public safety practices; and
WHEREAS, the Pueblo Police Department operates under extensive constitutional,
statutory, and judicial constraints, including warrant requirements, due process protections, the
Colorado Law Enforcement Integrity Act, and public transparency laws; and
WHEREAS, Colorado Senate Bill 26-
core municipal public safety functions; and
WHEREAS, the SAFE Act substitutes rigid, statewide mandates for local judgment,
regardless of community size, crime patterns, operational capacity, or demonstrated compliance
with existing law; and
routine, lawful, and constitutionally sound public safety tools as suspect or prohibited, thereby
chilling legitimate law enforcement activity and exposing municipalities to unnecessary legal and
operational risk; and
WHEREAS, the SAFE Act imposes extensive reporting, retention, auditing, and
compliance requirements without providing any dedicated funding, staff, or resources, constituting
a clear unfunded mandate in violation of sound principles of municipal governance; and
WHEREAS, the Pueblo City Council finds that the bill would materially impair the ability of
the Pueblo Police Department to respond quickly to criminal activity, investigate offenses, and
protect victims, while offering no credible evidence that existing safeguards are inadequate or
failing; and
WHEREAS, the SAFE Act concentrates enforcement authority in the Office of the Attorney
General, reducing local accountability and subjecting municipalities to duplicative oversight,
regulatory uncertainty, and punitive exposure for good-faith public safety decisions; and
require additional state control to responsibly manage surveillance or public safety technology,
and finds that the bill reflects distrust of local government rather than respect for constitutional
home rule authority; and
WHEREAS, the Pueblo City Council supports civil liberties, transparency, and lawful use
of technology, but categorically opposes legislation that weakens public safety, erodes local
control, and imposes costly mandates without justification or funding; 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 Senate Bill 26-
to vote no thereon.
SECTION 2.
A copy of this Resolution shall 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: Roger Gomez
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK