Colorado 2022 Regular Session

Colorado Senate Bill SB012 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0431.01 Nicole Myers x4326
18 SENATE BILL 22-012
2-BY SENATOR(S) Donovan, Bridges, Buckner, Coleman, Cooke, Coram,
3-Fields, Gardner, Gonzales, Hinrichsen, Holbert, Kirkmeyer, Liston,
4-Lundeen, Moreno, Priola, Scott, Simpson, Smallwood, Sonnenberg, Story,
5-Winter, Woodward, Fenberg;
6-also REPRESENTATIVE(S) Hooton, Bernett, Lindsay, Snyder, Soper,
7-Valdez A., Van Beber.
9+Senate Committees House Committees
10+State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
11+Appropriations Appropriations
12+A BILL FOR AN ACT
813 C
9-ONCERNING VERSIONS OF THE COLORADO CONSTITUTION.
10-Be it enacted by the General Assembly of the State of Colorado:
11-SECTION 1. Legislative declaration. (1) The general assembly
12-hereby finds and declares that:
13-(a) Access to the Colorado constitution is a primary tool in our
14-state's democracy. The Colorado constitution establishes the basic
15-framework of the state's government and protects citizens' individual rights.
16-Since 1910, it has provided Coloradans with the unique right to initiate
17-laws, to hold referenda on laws enacted by the general assembly, and to
18-amend the constitution.
19-(b) With over one hundred fifty amendments in its history, the
20-NOTE: This bill has been prepared for the signatures of the appropriate legislative
21-officers and the Governor. To determine whether the Governor has signed the bill
22-or taken other action on it, please consult the legislative status sheet, the legislative
23-history, or the Session Laws.
24-________
25-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26-through words or numbers indicate deletions from existing law and such material is not part of
27-the act. constitution has been shaped and reshaped as the needs of Coloradans have
28-transformed. Its thirty-nine founding delegates, representing every district
29-in the Colorado territory, created a "rights first" approach to their new
30-constitution, declaring the rights of the citizens before specifying the
31-structure of the government.
32-(c) From its early days as a tri-lingual document to its current form,
33-the constitution is an informative, challenging, and inspirational document
34-that establishes the rights, duties, and responsibilities of the citizens of
35-Colorado and establishes the structure of our state government;
36-(d) From water to women's right to vote, the original Colorado
37-constitution and its subsequent amendments illustrate our values and our
38-process of determining who we are as Coloradans; and
39-(e) A hundred years after America's constitution boldly asserted
40-people to be endowed with natural rights in addition to the rights granted by
41-law, the Colorado constitution reaffirmed this ideal by stating a bill of rights
42-first. This and other foundational philosophies are made clear in the
43-Colorado constitution.
44-(2) The general assembly further finds and declares that the history
45-contained in the Colorado constitution is an important asset and that the
46-original constitution, as well as updated digital and hard copies of the
47-constitution, should be easily and freely available to all people in the state.
48-SECTION 2. In Colorado Revised Statutes, add 24-80-116 as
49-follows:
50-24-80-116. Display of original state constitution in state capitol
51-- on-line display of state constitution - educational opportunities.
14+ONCERNING VERSIONS OF THE COLORADO CONSTITUTION .101
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill requires the secretary of state to create and maintain, or
23+cause to be created and maintained, updated physical and electronic
24+copies of the Colorado constitution. The secretary of state is required to
25+update the physical and electronic copies of the Colorado constitution
26+after each election at which the voters approve any amendment to the
27+constitution. The secretary of state is also required to maintain all
28+previous physical and electronic copies of the Colorado constitution
29+created pursuant to the bill.
30+HOUSE
31+3rd Reading Unamended
32+May 9, 2022
33+HOUSE
34+Amended 2nd Reading
35+May 5, 2022
36+SENATE
37+3rd Reading Unamended
38+March 14, 2022
39+SENATE
40+Amended 2nd Reading
41+March 11, 2022
42+SENATE SPONSORSHIP
43+Donovan, Bridges, Gonzales, Priola, Winter
44+HOUSE SPONSORSHIP
45+Hooton, Bernett, Lindsay, Snyder, Soper, Valdez A., Van Beber
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
48+Dashes through the words indicate deletions from existing statute. The secretary of state may work with the state archivist to
49+determine the format of the physical version of the Colorado constitution
50+and to provide for the public display of and other educational
51+opportunities related to it. The bill authorizes the secretary of state to
52+solicit, accept, and expend bequests, gifts, grants, and donations to create
53+and maintain the physical version of the Colorado constitution.
54+The secretary of state is required to ensure that each electronic
55+version of the Colorado constitution is stored with the office of the
56+secretary of state and is available to the public in a searchable format. In
57+creating and maintaining the electronic versions of the Colorado
58+constitution, the secretary of state is required to ensure that the
59+constitution is easily accessible and user-friendly for the general
60+population.
61+The bill requires the state archivist to submit to the state capitol
62+building advisory committee and the capital development committee a
63+proposal for displaying the original Colorado constitution in the state
64+capitol building. The bill requires the state archivist to include certain
65+information in the proposal. The bill also gives state archives the
66+authority to solicit, accept, and expend bequests, gifts, grants, or
67+donations for the display.
68+Be it enacted by the General Assembly of the State of Colorado:1
69+SECTION 1. Legislative declaration. (1) The general assembly2
70+hereby finds and declares that:3
71+(a) Access to the Colorado constitution is a primary tool in our4
72+state's democracy. The Colorado constitution establishes the basic5
73+framework of the state's government and protects citizens' individual6
74+rights. Since 1910, it has provided Coloradans with the unique right to7
75+initiate laws, to hold referenda on laws enacted by the general assembly,8
76+and to amend the constitution.9
77+(b) With over one hundred fifty amendments in its history, the10
78+constitution has been shaped and reshaped as the needs of Coloradans11
79+have transformed. Its thirty-nine founding delegates, representing every12
80+district in the Colorado territory, created a "rights first" approach to their13
81+new constitution, declaring the rights of the citizens before specifying the14
82+012-2- structure of the government.1
83+(c) From its early days as a tri-lingual document to its current2
84+form, the constitution is an informative, challenging, and inspirational3
85+document that establishes the rights, duties, and responsibilities of the4
86+citizens of Colorado and establishes the structure of our state government;5
87+(d) From water to women's right to vote, the original Colorado6
88+constitution and its subsequent amendments illustrate our values and our7
89+process of determining who we are as Coloradans; and8
90+(e) A hundred years after America's constitution boldly asserted9
91+people to be endowed with natural rights in addition to the rights granted10
92+by law, the Colorado constitution reaffirmed this ideal by stating a bill of11
93+rights first. This and other foundational philosophies are made clear in the12
94+Colorado constitution.13
95+(2) The general assembly further finds and declares that the14
96+history contained in the Colorado constitution is an important asset and15
97+that the original constitution, as well as updated digital and hard copies16
98+of the constitution, should be easily and freely available to all people in17
99+the state.18
100+ 19
101+SECTION 2. In Colorado Revised Statutes, add 24-80-116 as20
102+follows:21
103+24-80-116. Display of original state constitution in state capitol22
104+- on-line display of state constitution - educational opportunities.23
52105 (1) O
53-N OR BEFORE FEBRUARY 28, 2023, THE STATE ARCHIVIST SHALL
54-SUBMIT A PROPOSAL TO THE STATE CAPITOL BUILDING ADVISORY COMMITTEE
55-FOR THE CREATION OF A PERMANENT PUBLIC DISPLAY OF THE ORIGINAL
56-DRAFT OF THE
57-COLORADO CONSTITUTION INSIDE THE STATE CAPITOL
58-BUILDING
59-. THE PROPOSAL SHALL INCLUDE SUGGESTIONS FOR HOW AND
60-WHERE THE ORIGINAL DRAFT OF THE
61-COLORADO CONSTITUTION SHOULD BE
62-DISPLAYED AND STORED AND A PROPOSAL FOR THE ORIGINAL DRAFT OF THE
63-COLORADO CONSTITUTION TO BE DISPLAYED IN GOVERNMENT BUILDINGS
64-OTHER THAN THE STATE CAPITOL BUILDING
65-. HISTORY COLORADO SHALL
66-PAGE 2-SENATE BILL 22-012 ADVISE AND CONSULT WITH THE STATE ARCHIVIST REGARDING THE
67-CREATION ON AN APPROPRIATE DISPLAY THAT WILL SAFEGUARD THE
68-ORIGINAL DRAFT OF THE
69-COLORADO CONSTITUTION . THE STATE CAPITOL
70-BUILDING ADVISORY CO MMITTEE SHALL EVALUATE THE PROPOSAL AND
71-CONSIDER WHETHER TO APPROVE THE PROPOSAL IN ACCORDANCE WITH THE
72-CRITERIA AND PROCEDURES FOR PLACING OTHER DISPLAYS WITHIN THE
73-STATE CAPITOL BUILDING PURSUANT TO SECTION
74-24-82-108 (3)(h). THE
75-STATE CAPITOL BUILDING ADVISORY COMMITTEE SHALL ALSO EVALUATE THE
76-PROPOSAL IN ACCORDANCE WITH BEST PRACTICES FOR DISPLAYING HISTORIC
77-DOCUMENTS IN A MANNER THAT SAFEGUARDS THE DOCUMENTS AGAINST
78-DETERIORATION
79-. THE DISPLAY MAY INCLUDE OTHER OBJECTS AND
80-EDUCATIONAL MATERIALS RELATED TO THE ADOPTION AND HISTORY OF THE
81-COLORADO CONSTITUTION . THE STATE ARCHIVIST SHALL COLLABORATE
82-WITH HISTORY
83-COLORADO TO ENSURE ADHERENCE TO THE BEST PRACTICES
84-WHEN PRESENTING THE
85-COLORADO CONSTITUTION IN THE EXISTING
86-ENVIRONMENTAL CONDITIONS OF THE STATE CAPITOL AND GOVERNMENT
87-BUILDINGS OTHER THAN THE STATE CAPITOL BUILDING
88-.
89-(2) T
90-HE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY
91-COLORADO, SHALL CREATE AN ONLINE EXHIBITION OF THE COLORADO
92-CONSTITUTION
93-, INCLUDING ALL AMENDMENTS THERETO CURRENTLY IN
94-EFFECT
95-. THE EXHIBITION SHALL INCLUDE ASPECTS OF EDUCATIONAL
96-OPPORTUNITIES AND HISTORY AND SHALL ENSURE THAT THE ELECTRONIC
97-COPY OF EACH VERSION OF THE
98-COLORADO CONSTITUTION CREATED
99-PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC IN A SEARCHABLE
100-FORMAT THROUGH THE WEBSITE OF THE OFFICE OF THE STATE ARCHIVES AND
101-HISTORY
102-COLORADO. THE STATE ARCHIVIST MAY CONTRACT WITH AN
103-ONLINE EXHIBIT DESIGN COMPANY TO DETERMINE THE BEST PRACTICES
104-WHEN PRESENTING THE
105-COLORADO CONSTITUTION IN AN EDUCATIONAL
106-FORMAT THAT IS EASILY ACCESSIBLE AND USER
107--FRIENDLY FOR THE GENERAL
108-POPULATION OF THE STATE
109-. THE EXHIBIT DESIGN COMPANY MAY
110-COORDINATE AS NECESSARY WITH THE STATE ARCHIVIST
111-, HISTORY
112-COLORADO, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE SECRETARY
113-OF STATE
114-'S OFFICE, AND OTHER RELEVANT GOVERNMENT AGENCIES IN THE
115-CREATION OF THE ONLINE EXHIBITION
116-.
117-(3) T
118-HE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY
119-COLORADO, SHALL CREATE OPPORTUNITIES TO PROVIDE UPDATED PHYSICAL
120-COPIES OF THE CONSTITUTION OR OTHER EDUCATIONAL OPPORTUNITIES
121-RELATED TO THE UPDATED PHYSICAL COPY OF THE
122-COLORADO
123-PAGE 3-SENATE BILL 22-012 CONSTITUTION WITHIN STATE OFFICES. THE STATE ARCHIVIST AND HISTORY
124-COLORADO SHALL ENSURE THAT THE CONSTITUTION WILL BE EASILY
125-ACCESSIBLE AND USER
126--FRIENDLY FOR THE GENERAL POPULATION OF THE
127-STATE
128-.
129-(4) T
130-HE STATE ARCHIVES:
106+N OR BEFORE FEBRUARY 28, 2023,
107+ THE STATE ARCHIVIST SHALL24
108+SUBMIT A PROPOSAL TO THE STATE CAPITOL BUILDING ADVISORY25
109+COMMITTEE FOR THE CREATION OF A PERMANENT PUBLIC DISPLAY26
110+OF THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION INSIDE THE27
111+012
112+-3- STATE CAPITOL BUILDING. THE PROPOSAL SHALL INCLUDE SUGGESTIONS1
113+FOR HOW AND WHERE THE ORIGINAL DRAFT OF THE COLORADO2
114+CONSTITUTION SHOULD BE DISPLAYED AND STORED AND A PROPOSAL FOR3
115+THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION TO BE DISPLAYED4
116+IN GOVERNMENT BUILDINGS OTHER THAN THE STATE CAPITOL BUILDING .5
117+HISTORY COLORADO SHALL ADVISE AND CONSULT WITH THE STATE6
118+ARCHIVIST REGARDING THE CREATION ON AN APPROPRIATE DISPLAY THAT7
119+WILL SAFEGUARD THE ORIGINAL DRAFT OF THE COLORADO CONSTITUTION.8
120+T
121+HE STATE CAPITOL BUILDING ADVISORY COMMITTEE
122+ SHALL EVALUATE9
123+THE PROPOSAL AND CONSIDER WHETHER TO APPROVE THE PROPOSAL IN10
124+ACCORDANCE WITH THE CRITERIA AND PROCEDURES FOR PLACING OTHER11
125+DISPLAYS WITHIN THE STATE CAPITOL BUILDING PURSUANT TO SECTION12
126+24-82-108 (3)(h). THE STATE CAPITOL BUILDING ADVISORY COMMITTEE13
127+SHALL ALSO EVALUATE THE PROPOSAL IN ACCORDANCE WITH BEST14
128+PRACTICES FOR DISPLAYING HISTORIC DOCUMENTS IN A MANNER THAT15
129+SAFEGUARDS THE DOCUMENTS AGAINST DETERIORATION. THE DISPLAY16
130+MAY INCLUDE OTHER OBJECTS AND EDUCATIONAL MATERIALS RELATED TO17
131+THE ADOPTION AND HISTORY OF THE COLORADO CONSTITUTION . THE18
132+STATE ARCHIVIST SHALL COLLABORATE WITH HISTORY COLORADO TO19
133+ENSURE ADHERENCE TO THE BEST PRACTICES WHEN PRESENTING THE20
134+C
135+OLORADO CONSTITUTION IN THE EXISTING ENVIRONMENTAL CONDITIONS
136+21
137+OF THE STATE CAPITOL AND GOVERNMENT BUILDINGS OTHER THAN THE22
138+STATE CAPITOL BUILDING.23
139+(2) THE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY24
140+COLORADO, SHALL CREATE AN ONLINE EXHIBITION OF THE COLORADO25
141+CONSTITUTION, INCLUDING ALL AMENDMENTS THERETO CURRENTLY IN26
142+EFFECT. THE EXHIBITION SHALL INCLUDE ASPECTS OF EDUCATIONAL27
143+012
144+-4- OPPORTUNITIES AND HISTORY AND SHALL ENSURE THAT THE ELECTRONIC1
145+COPY OF EACH VERSION OF THE COLORADO CONSTITUTION CREATED2
146+PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC IN A3
147+SEARCHABLE FORMAT THROUGH THE WEBSITE OF THE OFFICE OF THE4
148+STATE ARCHIVES AND HISTORY COLORADO. THE STATE ARCHIVIST MAY5
149+CONTRACT WITH AN ONLINE EXHIBIT DESIGN COMPANY TO DETERMINE THE6
150+BEST PRACTICES WHEN PRESENTING THE COLORADO CONSTITUTION IN AN7
151+EDUCATIONAL FORMAT THAT IS EASILY ACCESSIBLE AND USER -FRIENDLY8
152+FOR THE GENERAL POPULATION OF THE STATE . THE EXHIBIT DESIGN9
153+COMPANY MAY COORDINATE AS NECESSARY WITH THE STATE ARCHIVIST ,10
154+HISTORY COLORADO, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, THE11
155+SECRETARY OF STATE'S OFFICE, AND OTHER RELEVANT GOVERNMENT12
156+AGENCIES IN THE CREATION OF THE ONLINE EXHIBITION .13
157+(3) THE STATE ARCHIVIST, IN PARTNERSHIP WITH HISTORY14
158+COLORADO, SHALL CREATE OPPORTUNITIES TO PROVIDE UPDATED15
159+PHYSICAL COPIES OF THE CONSTITUTION OR OTHER EDUCATIONAL16
160+OPPORTUNITIES RELATED TO THE UPDATED PHYSICAL COPY OF THE17
161+C
162+OLORADO CONSTITUTION WITHIN STATE OFFICES . THE
163+ STATE ARCHIVIST18
164+AND HISTORY COLORADO SHALL ENSURE THAT THE CONSTITUTION WILL19
165+BE EASILY ACCESSIBLE AND USER -FRIENDLY FOR THE GENERAL20
166+POPULATION OF THE STATE.21
167+(4) THE STATE ARCHIVES:22
131168 (a) R
132-EMAINS THE LEGAL CUSTODIAN OF THE ORIGINAL DRAFT OF THE
133-COLORADO CONSTITUTION AND IS RESPONSIBLE FOR THE CONTINUING
134-PROTECTION AND PRESERVATION OF THE ORIGINAL DRAFT IN ACCORDANCE
135-WITH SECTION
136-24-80-106;
169+EMAINS THE LEGAL CUSTODIAN OF THE ORIGINAL DRAFT OF23
170+THE COLORADO CONSTITUTION AND IS RESPONSIBLE FOR THE CONTINUING24
171+PROTECTION AND PRESERVATION OF THE ORIGINAL DRAFT IN ACCOR DANCE25
172+WITH SECTION 24-80-106;26
137173 (b) M
138-AY ALLOW THE ORIGINAL DRAFT OF THE COLORADO
139-CONSTITUTION TO BE REMOVED PERIODICALLY FROM THE DISPLAY FOR
140-RESTORATION PURPOSES OR TO MAKE IT AVAILABLE FOR OCCASIONAL
141-TEMPORARY MUSEUM OR OTHER APPROPRIATE SECURE DISPLAYS
142-; AND
143-(c) MAY SOLICIT, ACCEPT, AND EXPEND ANY BEQUESTS , GIFTS,
144-GRANTS, OR DONATIONS OF ANY KIND FROM ANY PRIVATE SOURCE FOR THE
145-PURPOSE OF IMPLEMENTING THIS SECTION
146-. NO APPROPRIATION SHALL BE
147-MADE OUT OF THE GENERAL FUND OR ANY CASH FUND FOR EXPENDITURES
148-INCURRED BY DEPARTMENT OF PERSONNEL OR ANY OTHER DEPARTMENT OR
149-AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION
150-.
151-SECTION 3. Act subject to petition - effective date. This act
152-takes effect at 12:01 a.m. on the day following the expiration of the
153-ninety-day period after final adjournment of the general assembly; except
154-that, if a referendum petition is filed pursuant to section 1 (3) of article V
155-of the state constitution against this act or an item, section, or part of this act
156-within such period, then the act, item, section, or part will not take effect
157-unless approved by the people at the general election to be held in
158-PAGE 4-SENATE BILL 22-012 November 2022 and, in such case, will take effect on the date of the official
159-declaration of the vote thereon by the governor.
160-____________________________ ____________________________
161-Steve Fenberg Alec Garnett
162-PRESIDENT OF SPEAKER OF THE HOUSE
163-THE SENATE OF REPRESENTATIVES
164-____________________________ ____________________________
165-Cindi L. Markwell Robin Jones
166-SECRETARY OF CHIEF CLERK OF THE HOUSE
167-THE SENATE OF REPRESENTATIVES
168- APPROVED________________________________________
169- (Date and Time)
170- _________________________________________
171- Jared S. Polis
172- GOVERNOR OF THE STATE OF COLORADO
173-PAGE 5-SENATE BILL 22-012
174+AY ALLOW THE ORIGINAL DRAFT OF THE COLORADO27
175+012
176+-5- CONSTITUTION TO BE REMOVED PERIODICALLY FROM THE DISPLAY FOR1
177+RESTORATION PURPOSES OR TO MAKE IT AVAILABLE FOR OCCASIONAL2
178+TEMPORARY MUSEUM OR OTHER APPROPRIATE SECURE DISPLAYS ; AND3
179+(c) M
180+AY SOLICIT, ACCEPT, AND EXPEND ANY BEQUESTS , GIFTS,4
181+GRANTS, OR DONATIONS OF ANY KIND FROM ANY PRIVATE SOURCE FOR THE5
182+PURPOSE OF IMPLEMENTING THIS SECTION . NO APPROPRIATION SHALL BE6
183+MADE OUT OF THE GENERAL FUND OR ANY CASH FUND FOR EXPENDITURES7
184+INCURRED BY DEPARTMENT OF PERSONNEL OR ANY OTHER DEPARTMENT8
185+OR AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION .9
186+SECTION 3.
187+ Act subject to petition - effective date. This act10
188+takes effect at 12:01 a.m. on the day following the expiration of the11
189+ninety-day period after final adjournment of the general assembly; except12
190+that, if a referendum petition is filed pursuant to section 1 (3) of article V13
191+of the state constitution against this act or an item, section, or part of this14
192+act within such period, then the act, item, section, or part will not take15
193+effect unless approved by the people at the general election to be held in16
194+November 2022 and, in such case, will take effect on the date of the17
195+official declaration of the vote thereon by the governor.18
196+012
197+-6-