Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0431.01 Nicole Myers x4326 SENATE BILL 22-012 Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING VERSIONS OF THE COLORADO CONSTITUTION .101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill requires the secretary of state to create and maintain, or cause to be created and maintained, updated physical and electronic copies of the Colorado constitution. The secretary of state is required to update the physical and electronic copies of the Colorado constitution after each election at which the voters approve any amendment to the constitution. The secretary of state is also required to maintain all previous physical and electronic copies of the Colorado constitution created pursuant to the bill. SENATE SPONSORSHIP Donovan, HOUSE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. The secretary of state may work with the state archivist to determine the format of the physical version of the Colorado constitution and to provide for the public display of and other educational opportunities related to it. The bill authorizes the secretary of state to solicit, accept, and expend bequests, gifts, grants, and donations to create and maintain the physical version of the Colorado constitution. The secretary of state is required to ensure that each electronic version of the Colorado constitution is stored with the office of the secretary of state and is available to the public in a searchable format. In creating and maintaining the electronic versions of the Colorado constitution, the secretary of state is required to ensure that the constitution is easily accessible and user-friendly for the general population. The bill requires the state archivist to submit to the state capitol building advisory committee and the capital development committee a proposal for displaying the original Colorado constitution in the state capitol building. The bill requires the state archivist to include certain information in the proposal. The bill also gives state archives the authority to solicit, accept, and expend bequests, gifts, grants, or donations for the display. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) Access to the Colorado constitution is a primary tool in our4 state's democracy. The Colorado constitution establishes the basic5 framework of the state's government and protects citizens' individual6 rights. Since 1910, it has provided Coloradans with the unique right to7 initiate laws, to hold referenda on laws enacted by the general assembly,8 and to amend the constitution.9 (b) With over one hundred fifty amendments in its history, the10 constitution has been shaped and reshaped as the needs of Coloradans11 have transformed. Its thirty-nine founding delegates, representing every12 district in the Colorado territory, created a "rights first" approach to their13 new constitution, declaring the rights of the citizens before specifying the14 SB22-012-2- structure of the government.1 (c) From its early days as a tri-lingual document to its current2 form, the constitution is an informative, challenging, and inspirational3 document that establishes the rights, duties, and responsibilities of the4 citizens of Colorado and establishes the structure of our state government;5 (d) From water to women's right to vote, the original Colorado6 constitution and its subsequent amendments illustrate our values and our7 process of determining who we are as Coloradans; and8 (e) A hundred years after America's constitution boldly asserted9 people to be endowed with natural rights in addition to the rights granted10 by law, the Colorado constitution reaffirmed this ideal by stating a bill of11 rights first. This and other foundational philosophies are made clear in the12 Colorado constitution.13 (2) The general assembly further finds and declares that the14 history contained in the Colorado constitution is an important asset and15 that the original constitution, as well as updated digital and hard copies16 of the constitution, should be easily and freely available to all people in17 the state.18 SECTION 2. In Colorado Revised Statutes, add 24-21-118 as19 follows:20 24-21-118. Retention of current version of state constitution.21 (1) (a) T HE SECRETARY OF STATE SHALL CREATE AND MAINTAIN , OR22 CAUSE TO BE CREATED AND MAINTAINED , UPDATED PHYSICAL AND23 ELECTRONIC COPIES OF THE COLORADO CONSTITUTION , INCLUDING ALL24 AMENDMENTS THERETO CURRENTLY IN EFFECT . THE SECRETARY OF STATE25 SHALL UPDATE THE PHYSICAL AND ELECTRONIC COPIES OF THE COLORADO26 CONSTITUTION AFTER EACH ELECTION AT WHICH THE VOTERS APPROVE27 SB22-012 -3- ANY AMENDMENT TO THE COLORADO CONSTITUTION AND SHALL1 MAINTAIN ALL PREVIOUS PHYSICAL AND ELECTRONIC COPIES OF THE2 C OLORADO CONSTITUTION CREATED PURSUANT TO THIS SECTION . THE3 PHYSICAL AND ELECTRONIC COPIES OF THE COLORADO CONSTITUTION4 SHALL BE CREATED AND MAINTAINED IN A FORMAT TO BE DETERMINED BY5 THE SECRETARY OF STATE.6 (b) T HE SECRETARY OF STATE MAY WORK WITH THE STATE7 ARCHIVIST TO DETERMINE THE FORMAT OF THE UPDATED PHYSICAL COPY8 OF THE COLORADO CONSTITUTION AND TO PROVIDE FOR THE PUBLIC9 DISPLAY OF OR OTHER EDUCATIONAL OPPORTUNITIES RELATED TO THE10 UPDATED PHYSICAL COPY OF THE COLORADO CONSTITUTION.11 (c) T HE SECRETARY OF STATE SHALL ENSURE THAT EACH12 ELECTRONIC VERSION OF THE COLORADO CONSTITUTION IS STORED WITH13 THE OFFICE OF THE SECRETARY OF STATE AND SHALL ENSURE THAT THE14 ELECTRONIC COPY OF EACH VERSION OF THE COLORADO CONSTITUTION15 CREATED PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC IN A16 SEARCHABLE FORMAT THROUGH THE WEBSITE OF THE OFFICE OF THE17 SECRETARY OF STATE. IN CREATING AND MAINTAINING THE ELECTRONIC18 VERSIONS OF THE COLORADO CONSTITUTION PURSUANT TO THIS SECTION ,19 OR IN CAUSING THE ELECTRONIC VERSIONS TO BE CREATED AND20 MAINTAINED, THE SECRETARY OF STATE SHALL ENSURE THAT THE21 CONSTITUTION IS EASILY ACCESSIBLE AND USER -FRIENDLY FOR THE22 GENERAL POPULATION OF THE STATE .23 (2) T HE SECRETARY OF STATE MAY SOLICIT, ACCEPT, AND EXPEND24 ANY BEQUESTS, GIFTS, GRANTS, OR DONATIONS OF ANY KIND FROM ANY25 PRIVATE SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS SECTION . NO26 APPROPRIATION SHALL BE MADE OUT OF THE GENERAL FUND OR ANY CASH27 SB22-012 -4- FUND FOR EXPENDITURES INCURRED BY THE DEPARTMENT OF STATE OR1 ANY OTHER DEPARTMENT OR AGENCY TO CARRY OUT THE PROVISIONS OF2 THIS SECTION.3 SECTION 3. In Colorado Revised Statutes, add 24-80-116 as4 follows:5 24-80-116. Display of original state constitution in state6 capitol. (1) O N OR BEFORE DECEMBER 31, 2022, THE STATE ARCHIVIST7 SHALL SUBMIT A PROPOSAL TO THE STATE CAPITOL BUILDING ADVISORY8 COMMITTEE AND THE CAPITAL DEVELOPMENT COMMITTEE FOR CREATING9 A PERMANENT PUBLIC DISPLAY OF THE ORIGINAL DRAFT OF THE COLORADO10 CONSTITUTION INSIDE THE STATE CAPITOL BUILDING . THE PROPOSAL11 SHALL INCLUDE SUGGESTIONS FOR HOW AND WHERE THE ORIGINAL DRAFT12 OF THE COLORADO CONSTITUTION SHOULD BE DISPLAYED AND STORED13 AND A PROPOSAL FOR THE ORIGINAL DRAFT OF THE COLORADO14 CONSTITUTION TO BE DISPLAYED IN GOVERNMENT BUILDINGS OTHER THAN15 THE STATE CAPITOL BUILDING. THE STATE CAPITOL BUILDING ADVISORY16 COMMITTEE AND THE CAPITAL DEVELOPMENT COMMITTEE SHALL17 EVALUATE THE PROPOSAL AND CONSIDER WHETHER TO APPROVE THE18 PROPOSAL IN ACCORDANCE WITH THE CRITERIA AND PROCEDURES FOR19 PLACING OTHER DISPLAYS WITHIN THE STATE CAPITOL BUILDING20 PURSUANT TO SECTION 24-82-108 (3)(h). THE DISPLAY MAY INCLUDE21 OTHER OBJECTS AND EDUCATIONAL MATERIALS RELATED TO THE22 ADOPTION AND HISTORY OF THE COLORADO CONSTITUTION.23 (2) T HE STATE ARCHIVES:24 (a) R EMAINS THE LEGAL CUSTODIAN OF THE ORIGINAL DRAFT OF25 THE COLORADO CONSTITUTION AND IS RESPONSIBLE FOR THE CONTINUING26 PROTECTION AND PRESERVATION OF THE ORIGINAL DRAFT IN ACCORDANCE27 SB22-012 -5- WITH SECTION 24-80-106;1 (b) M AY ALLOW THE ORIGINAL DRAFT OF THE COLORADO2 CONSTITUTION TO BE REMOVED PERIODICALLY FROM THE DISPLAY FOR3 RESTORATION PURPOSES OR TO MAKE IT AVAILABLE FOR OCCASIONAL4 TEMPORARY MUSEUM OR OTHER APPROPRIATE SECURE DISPLAYS ; AND5 (c) M AY SOLICIT, ACCEPT, AND EXPEND ANY BEQUESTS , GIFTS,6 GRANTS, OR DONATIONS OF ANY KIND FROM ANY PRIVATE SOURCE FOR THE7 PURPOSE OF IMPLEMENTING THIS SECTION . NO APPROPRIATION SHALL BE8 MADE OUT OF THE GENERAL FUND OR ANY CASH FUND FOR EXPENDITURES9 INCURRED BY DEPARTMENT OF PERSONNEL OR ANY OTHER DEPARTMENT10 OR AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION .11 SECTION 4. Act subject to petition - effective date. This act12 takes effect at 12:01 a.m. on the day following the expiration of the13 ninety-day period after final adjournment of the general assembly; except14 that, if a referendum petition is filed pursuant to section 1 (3) of article V15 of the state constitution against this act or an item, section, or part of this16 act within such period, then the act, item, section, or part will not take17 effect unless approved by the people at the general election to be held in18 November 2022 and, in such case, will take effect on the date of the19 official declaration of the vote thereon by the governor.20 SB22-012 -6-