To: Honorable Mayor and Members of Town Council
From: Kristin Read, Assistant Town Manager
Title
Update: Legislative Update
Body
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Executive Summary
The Colorado General Assembly convened its 2023 regular session January 9 and is scheduled to remain in session through May 8. With assistance from the Colorado Municipal League (CML) and other sources, staff monitors and provides Council with updates on legislative activity of interest during the session.
Staff does not take a position on any legislation unless so directed by Council. Since staff’s last update, bills have emerged that may be of interest to Council. Staff presents summaries below, should Council wish to take positions on these items.
Item recommended to support
Senate Bill 150: Require Labeling Disposable Wipes - Staff recommends support of this bill, which would require “Do Not Flush” labels on numerous types of cleaning and hygiene wipes. According to a summary from CML, “These types of wipes do not break down like toilet paper and are frequently improperly disposed of down toilets. This can lead to clogging, damage and breakdown of municipal wastewater infrastructure and sewer blockage and overflow.”
Items recommended to oppose
Senate Bill 111: Public Employees’ Workplace Protection - CML is opposing this bill, which it says is “very clearly a leap into the collective bargaining conversation for municipalities.” Further, a summary from CML says that the bill “appears to go beyond existing public employee protections already enshrined in federal and state constitutional law and statutes, including recent whistleblower, paid leave, and equal pay laws and longstanding laws regarding workplace injury, workplace safety, and unlawful discrimination. This bill presents a high potential for conflict with home rule municipalities.” It is for these reasons that staff recommends opposing this bill.
House Bill 1169: Limit Arrest For Low-level Offenses - CML is opposing this bill, which would prohibit arrests based solely on the alleged commission of a petty offense. A summons would be issued instead except for in cases of theft, certain traffic offenses and a few other circumstances. If this bill passes, the Castle Rock Police Department will not be able to arrest someone for most violations of the Town’s Municipal Code. Staff believes it is appropriate for our police officers to have discretion on when to make arrests and, therefore, is recommending that Council oppose this bill.
Updates on items on which Council has positions
Following are updates on items on which Council took positions in December. Council’s positions were communicated to the Douglas County legislative delegation in a January 3 letter (Attachment A).
Senate Bill 97: Motor Vehicle Theft and Unauthorized Use - Council is supporting this bill, which would make the theft of any motor vehicle a felony, regardless of the vehicle’s value. (As it stands today, theft of a vehicle valued under $2,000 is a misdemeanor.) This bill was passed out of the Senate Judiciary Committee on February 27 and referred to Appropriations.
Not yet introduced: Local control of psilocybin mushrooms - Council wishes to support legislation that would provide for local control surrounding the “healing centers” authorized by last year’s Proposition 122. This anticipated legislation has not been introduced yet.
Not yet introduced: Statewide land use and zoning regulations - Council is opposed to any bill to create statewide land use and zoning regulations. This anticipated legislation has not been introduced yet.
Proposed Motion
“I move to affirm staff’s recommended positions on State legislation as presented and direct staff to communicate the positions to the Town’s legislative delegation, CML and others.”
Attachment
Attachment A: January Letter to Douglas County Legislative Delegation