Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 22-0431.01 Nicole Myers x4326 SENATE BILL 22-012 Senate Committees House Committees State, Veterans, & Military Affairs Appropriations 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 Amended 2nd Reading March 11, 2022 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 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 19 SECTION 2. In Colorado Revised Statutes, add 24-80-116 as20 follows:21 24-80-116. Display of original state constitution in state22 capitol. (1) O N OR BEFORE FEBRUARY 28, 2023, THE STATE ARCHIVIST23 SHALL SUBMIT A PROPOSAL TO THE STATE CAPITOL BUILDING ADVISORY24 COMMITTEE AND THE CAPITAL DEVELOPMENT COMMITTEE FOR THE25 CREATION OF:26 (a) A PERMANENT PUBLIC DISPLAY OF THE ORIGINAL DRAFT OF THE27 012 -3- COLORADO CONSTITUTION INSIDE THE STATE CAPITOL BUILDING . THE1 PROPOSAL SHALL INCLUDE SUGGESTIONS FOR HOW AND WHERE THE2 ORIGINAL DRAFT OF THE COLORADO CONSTITUTION SHOULD BE DISPLAYED3 AND STORED AND A PROPOSAL FOR THE ORIGINAL DRAFT OF THE4 C OLORADO CONSTITUTION TO BE DISPLAYED IN GOVERNMENT BUILDINGS5 OTHER THAN THE STATE CAPITOL BUILDING. THE STATE CAPITOL BUILDING6 ADVISORY COMMI TTEE AND THE CAPITAL DEVELOPMENT COMMITTEE7 SHALL EVALUATE THE PROPOSAL AND CONSIDER WHETHER TO APPROVE8 THE PROPOSAL IN ACCORDANCE WITH THE CRITERIA AND PROCEDURES FOR9 PLACING OTHER DISPLAYS WITHIN THE STATE CAPITOL BUILDING10 PURSUANT TO SECTION 24-82-108 (3)(h). THE DISPLAY MAY INCLUDE11 OTHER OBJECTS AND EDUCATIONAL MATERIALS RELATED TO THE12 ADOPTION AND HISTORY OF THE COLORADO CONSTITUTION . THE STATE 13 ARCHIVES SHALL CONTRACT WITH AN EXHIBIT DESIGN COMPANY TO14 DETERMINE THE BEST PRACTICES WHEN PRESENTING THE COLORADO15 CONSTITUTION IN THE EXISTING ENVIRONMENTAL CONDITIONS OF THE16 STATE CAPITOL AND GOVERNMENT BUILDINGS OTHER THAN THE STATE17 CAPITOL BUILDING.18 (b) A N ONLINE EXHIBITION OF THE COLORADO CONSTITUTION , 19 INCLUDING ALL AMENDMENTS THERETO CURRENTLY IN EFFECT . THE20 PROPOSAL SHALL INCLUDE ASPECTS OF EDUCATIONAL OPPORTUNITIES AND21 HISTORY AND SHALL ENSURE THAT THE ELECTRONIC COPY OF EACH22 VERSION OF THE COLORADO CONSTITUTION CREATED PURSUANT TO THIS23 SECTION IS AVAILABLE TO THE PUBLIC IN A SEARCHABLE FORMAT24 THROUGH THE WEBSITE OF THE OFFICE OF THE STATE ARCHIVES AND THE25 OFFICE OF THE SECRETARY OF STATE . THE STATE ARCHIVES SHALL26 CONTRACT WITH AN ONLINE EXHIBIT DESIGN COMPANY TO DETERMINE THE27 012 -4- BEST PRACTICES WHEN PRESENTING THE COLORADO CONSTITUTION IN AN1 EDUCATIONAL FORMAT THAT IS EASILY ACCESSIBLE AND USER -FRIENDLY2 FOR THE GENERAL POPULATION OF THE STATE . THE EXHIBIT DESIGN3 COMPANY MAY COORDINATE AS NECESSARY WITH THE STATE ARCHIVIST ,4 THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE SECRETARY OF STATE'S5 OFFICE, AND OTHER RELEVANT GOVERNMENT AGENCIES IN THE CREATION6 OF THE ONLINE EXHIBITION.7 (c) O PPORTUNITIES TO PROVIDE UPDATED PHYSICAL COPIES OF THE 8 CONSTITUTION OR OTHER EDUCATIONAL OPPORTUNITIES RELATED TO THE9 UPDATED PHYSICAL COPY OF THE COLORADO CONSTITUTION WITHIN STATE10 OFFICES. THE PROPOSAL SHALL ENSURE THAT THE CONSTITUTION WILL BE11 EASILY ACCESSIBLE AND USER-FRIENDLY FOR THE GENERAL POPULATION12 OF THE STATE.13 (2) T HE STATE ARCHIVES:14 (a) R EMAINS THE LEGAL CUSTODIAN OF THE ORIGINAL DRAFT OF15 THE COLORADO CONSTITUTION AND IS RESPONSIBLE FOR THE CONTINUING16 PROTECTION AND PRESERVATION OF THE ORIGINAL DRAFT IN ACCOR DANCE17 WITH SECTION 24-80-106;18 (b) M AY ALLOW THE ORIGINAL DRAFT OF THE COLORADO19 CONSTITUTION TO BE REMOVED PERIODICALLY FROM THE DISPLAY FOR20 RESTORATION PURPOSES OR TO MAKE IT AVAILABLE FOR OCCASIONAL21 TEMPORARY MUSEUM OR OTHER APPROPRIATE SECURE DISPLAYS ; AND22 (c) M AY SOLICIT, ACCEPT, AND EXPEND ANY BEQUESTS , GIFTS,23 GRANTS, OR DONATIONS OF ANY KIND FROM ANY PRIVATE SOURCE FOR THE24 PURPOSE OF IMPLEMENTING THIS SECTION . NO APPROPRIATION SHALL BE25 MADE OUT OF THE GENERAL FUND OR ANY CASH FUND FOR EXPENDITURES26 INCURRED BY DEPARTMENT OF PERSONNEL OR ANY OTHER DEPARTMENT27 012 -5- OR AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION .1 SECTION 3. Act subject to petition - effective date. This act2 takes effect at 12:01 a.m. on the day following the expiration of the3 ninety-day period after final adjournment of the general assembly; except4 that, if a referendum petition is filed pursuant to section 1 (3) of article V5 of the state constitution against this act or an item, section, or part of this6 act within such period, then the act, item, section, or part will not take7 effect unless approved by the people at the general election to be held in8 November 2022 and, in such case, will take effect on the date of the9 official declaration of the vote thereon by the governor.10 012 -6-