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 will convene its 2023 regular session on January 9. With assistance from the Colorado Municipal League (CML) and other sources, staff will monitor - and provide Council with updates on - legislative activity of interest until the Assembly adjourns in May.
Staff does not take a position on any legislation unless so directed by Council. To date, several potential bills have been highlighted by CML that may be of interest to Council; staff presents summaries below, should Council wish to take a position on these items.
Felonizing all auto thefts
Under Colorado law, the theft of a vehicle that is worth less than $2,000 is a misdemeanor. Per CML, the Colorado District Attorneys Council is planning to introduce a bill that would make a felony the theft of any automobile, regardless of its value. The belief is that this would help curb auto thefts. CML intends to support the bill. Given Council’s interest in public safety and CRPD’s strategic goal of reducing crime, staff - including Chief Cauley - recommends that Council support this bill when it is introduced.
Local control of psilocybin mushrooms
Colorado voters in the November election approved Proposition 122, which decriminalized psychedelic substances including mushrooms for people age 21 and up by making law the Natural Medicine Health Act. The act does not allow municipalities to prohibit “healing centers,” where people will be able to obtain these substances. CML is planning to initiate legislation to provide for local control on this item, including allowing municipalities to restrict the operating of healing centers unless specifically authorized by local legislation. Given the approach that has been taken throughout Douglas County with regard to marijuana, staff believes Council would likely have interest in enhancing local control related to this act and, therefore, should support any bill CML is successful in having introduced on this topic.
Statewide land use and zoning regulations
CML expects legislation to be introduced to create statewide land use and zoning regulations, which could include prohibitions or moratoria on single-family zoning, requirements for local governments to allow accessory dwelling units and discounted or elimination of water tap fees for affordable housing developments, among other provisions. Stakeholder meetings are being held by different groups, including the Governor’s Office. The potential provisions shared to date by CML would impact the Town’s ability to have in place land use and water policies that are in Castle Rock’s best interests. Therefore, staff would recommend Council oppose any bill that is introduced to create statewide land use and zoning regulations.