Colorado 2022 2022 Regular Session

Colorado Senate Bill SB012 Introduced / Bill

Filed 01/12/2022

                    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-