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City Clerk's Office Item # Q7
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 26-070, COMMONLY KNOWN AS THE
MUNICIPAL GOVERNANCE, AND HOME RULE AUTHORITY AND
URGING THE COLORADO GENERAL ASSEMBLY TO VOTE NO
THEREON
SUMMARY:
Attached is a Resolution in opposition to Colorado Senate Bill 26-70 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 prohibits a government entity from accessing a database that reveals an
individual's or a vehicle's historical location information, subject to certain exceptions.
The bill will create an act that is titled "Protecting Everyone from Excessive Police
sharing historical location information with third parties or government agencies outside
their jurisdiction, subject to certain exceptions, and makes historical location information
not a public record for the purposes of the "Colorado Open Records Act".
The bill requires a government entity that collects historical location information to adopt
a policy to maintain compliance with the provisions of the regulatory scheme.
An enforcement action is created for the attorney general to enforce the provisions of the
bill. Historical location information obtained in violation of the prohibitions of the bill are
inadmissible in trial.
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 26-70.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. SB26-70 PEEPS Act
RESOLUTION NO. 16257
A RESOLUTION FROM THE CITY OF PUEBLO IN OPPOSITION
TO COLORADO SENATE BILL 26-070, COMMONLY KNOWN AS
PUBLIC SAFETY, MUNICIPAL GOVERNANCE, AND HOME
RULE AUTHORITY AND URGING 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 and possesses primary authority over matters of local concern, including public
safety operations, policing practices, 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; and
WHEREAS, Colorado Senate Bill 26-
proposes to broadly prohibit government entities from accessing or using databases containing
intergovernmental data sharing, and create evidentiary exclusion and enforcement mechanisms;
and
WHEREAS, the City Council finds that the PEEPS Act is overbroad, imprecisely drafted,
and insufficiently tailored, creating significant legal ambiguity as to what data, technologies, and
routine municipal functions are prohibited or restricted; and
WHEREAS, the PEEPS Act risks restricting lawful and widely used public safety tools,
including but not limited to automated license plate reader data, traffic safety systems, emergency
response information, and other location-based data essential to modern municipal operations;
and
WHEREAS, the PEEPS Act will materially interfere with lawful law enforcement
investigations, emergency response, and victim protection by disabling access to information that
is already subject to constitutional safeguards, judicial oversight, and statutory regulation; and
WHEREAS, the PEEPS Act introduces evidentiary exclusion and enforcement provisions
that expose municipalities to heightened litigation risk, suppression of evidence, and dismissal of
criminal cases based on technical or interpretive compliance disputes rather than substantive
constitutional violations; and
WHEREAS, the PEEPS Act imposes additional administrative, training, and compliance
obligations on municipalities without providing any state funding, staffing, or resources, thereby
constituting an unfunded mandate that diverts limited local resources away from public safety
services; and
WHEREAS, the City Council finds that existing federal and state constitutional law,
statutory requirements, and civil liability frameworks already regulate access to location
information and provide robust protections against unlawful government intrusion; and
WHEREAS, the PEEPS Act represents a significant erosion of home rule authority by
substituting a rigid, statewide prohibition for locally accountable decision making in matters of
local concern; and
WHEREAS, the City of Pueblo supports civil liberties, privacy protections, and
constitutional policing, but rejects legislation that weakens public safety, undermines effective
governance, and reflects distrust of local government rather than evidence based reform. 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 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