Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-0431.01 Nicole Myers x4326 SENATE BILL 22-012 Senate Committees House Committees State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs Appropriations 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. HOUSE 3rd Reading Unamended May 9, 2022 HOUSE Amended 2nd Reading May 5, 2022 SENATE 3rd Reading Unamended March 14, 2022 SENATE Amended 2nd Reading March 11, 2022 SENATE SPONSORSHIP Donovan, Bridges, Gonzales, Priola, Winter HOUSE SPONSORSHIP Hooton, Bernett, Lindsay, Snyder, Soper, Valdez A., Van Beber 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 state capitol22 - on-line display of state constitution - educational opportunities.23 (1) O N OR BEFORE FEBRUARY 28, 2023, THE STATE ARCHIVIST SHALL24 SUBMIT A PROPOSAL TO THE STATE CAPITOL BUILDING ADVISORY25 COMMITTEE FOR THE CREATION OF A PERMANENT PUBLIC DISPLAY26 OF THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION INSIDE THE27 012 -3- STATE CAPITOL BUILDING. THE PROPOSAL SHALL INCLUDE SUGGESTIONS1 FOR HOW AND WHERE THE ORIGINAL DRAFT OF THE COLORADO2 CONSTITUTION SHOULD BE DISPLAYED AND STORED AND A PROPOSAL FOR3 THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION TO BE DISPLAYED4 IN GOVERNMENT BUILDINGS OTHER THAN THE STATE CAPITOL BUILDING .5 HISTORY COLORADO SHALL ADVISE AND CONSULT WITH THE STATE6 ARCHIVIST REGARDING THE CREATION ON AN APPROPRIATE DISPLAY THAT7 WILL SAFEGUARD THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION.8 T HE STATE CAPITOL BUILDING ADVISORY COMMITTEE SHALL EVALUATE9 THE PROPOSAL AND CONSIDER WHETHER TO APPROVE THE PROPOSAL IN10 ACCORDANCE WITH THE CRITERIA AND PROCEDURES FOR PLACING OTHER11 DISPLAYS WITHIN THE STATE CAPITOL BUILDING PURSUANT TO SECTION12 24-82-108 (3)(h). THE STATE CAPITOL BUILDING ADVISORY COMMITTEE13 SHALL ALSO EVALUATE THE PROPOSAL IN ACCORDANCE WITH BEST14 PRACTICES FOR DISPLAYING HISTORIC DOCUMENTS IN A MANNER THAT15 SAFEGUARDS THE DOCUMENTS AGAINST DETERIORATION. THE DISPLAY16 MAY INCLUDE OTHER OBJECTS AND EDUCATIONAL MATERIALS RELATED TO17 THE ADOPTION AND HISTORY OF THE COLORADO CONSTITUTION . THE18 STATE ARCHIVIST SHALL COLLABORATE WITH HISTORY COLORADO TO19 ENSURE ADHERENCE TO THE BEST PRACTICES WHEN PRESENTING THE20 C OLORADO CONSTITUTION IN THE EXISTING ENVIRONMENTAL CONDITIONS 21 OF THE STATE CAPITOL AND GOVERNMENT BUILDINGS OTHER THAN THE22 STATE CAPITOL BUILDING.23 (2) THE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY24 COLORADO, SHALL CREATE AN ONLINE EXHIBITION OF THE COLORADO25 CONSTITUTION, INCLUDING ALL AMENDMENTS THERETO CURRENTLY IN26 EFFECT. THE EXHIBITION SHALL INCLUDE ASPECTS OF EDUCATIONAL27 012 -4- OPPORTUNITIES AND HISTORY AND SHALL ENSURE THAT THE ELECTRONIC1 COPY OF EACH VERSION OF THE COLORADO CONSTITUTION CREATED2 PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC IN A3 SEARCHABLE FORMAT THROUGH THE WEBSITE OF THE OFFICE OF THE4 STATE ARCHIVES AND HISTORY COLORADO. THE STATE ARCHIVIST MAY5 CONTRACT WITH AN ONLINE EXHIBIT DESIGN COMPANY TO DETERMINE THE6 BEST PRACTICES WHEN PRESENTING THE COLORADO CONSTITUTION IN AN7 EDUCATIONAL FORMAT THAT IS EASILY ACCESSIBLE AND USER -FRIENDLY8 FOR THE GENERAL POPULATION OF THE STATE . THE EXHIBIT DESIGN9 COMPANY MAY COORDINATE AS NECESSARY WITH THE STATE ARCHIVIST ,10 HISTORY COLORADO, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE11 SECRETARY OF STATE'S OFFICE, AND OTHER RELEVANT GOVERNMENT12 AGENCIES IN THE CREATION OF THE ONLINE EXHIBITION .13 (3) THE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY14 COLORADO, SHALL CREATE OPPORTUNITIES TO PROVIDE UPDATED15 PHYSICAL COPIES OF THE CONSTITUTION OR OTHER EDUCATIONAL16 OPPORTUNITIES RELATED TO THE UPDATED PHYSICAL COPY OF THE17 C OLORADO CONSTITUTION WITHIN STATE OFFICES . THE STATE ARCHIVIST18 AND HISTORY COLORADO SHALL ENSURE THAT THE CONSTITUTION WILL19 BE EASILY ACCESSIBLE AND USER -FRIENDLY FOR THE GENERAL20 POPULATION OF THE STATE.21 (4) THE STATE ARCHIVES:22 (a) R EMAINS THE LEGAL CUSTODIAN OF THE ORIGINAL DRAFT OF23 THE COLORADO CONSTITUTION AND IS RESPONSIBLE FOR THE CONTINUING24 PROTECTION AND PRESERVATION OF THE ORIGINAL DRAFT IN ACCOR DANCE25 WITH SECTION 24-80-106;26 (b) M AY ALLOW THE ORIGINAL DRAFT OF THE COLORADO27 012 -5- CONSTITUTION TO BE REMOVED PERIODICALLY FROM THE DISPLAY FOR1 RESTORATION PURPOSES OR TO MAKE IT AVAILABLE FOR OCCASIONAL2 TEMPORARY MUSEUM OR OTHER APPROPRIATE SECURE DISPLAYS ; AND3 (c) M AY SOLICIT, ACCEPT, AND EXPEND ANY BEQUESTS , GIFTS,4 GRANTS, OR DONATIONS OF ANY KIND FROM ANY PRIVATE SOURCE FOR THE5 PURPOSE OF IMPLEMENTING THIS SECTION . NO APPROPRIATION SHALL BE6 MADE OUT OF THE GENERAL FUND OR ANY CASH FUND FOR EXPENDITURES7 INCURRED BY DEPARTMENT OF PERSONNEL OR ANY OTHER DEPARTMENT8 OR AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION .9 SECTION 3. Act subject to petition - effective date. This act10 takes effect at 12:01 a.m. on the day following the expiration of the11 ninety-day period after final adjournment of the general assembly; except12 that, if a referendum petition is filed pursuant to section 1 (3) of article V13 of the state constitution against this act or an item, section, or part of this14 act within such period, then the act, item, section, or part will not take15 effect unless approved by the people at the general election to be held in16 November 2022 and, in such case, will take effect on the date of the17 official declaration of the vote thereon by the governor.18 012 -6-