HOUSE 3rd Reading Unamended February 19, 2003 HOUSE Amended 2nd Reading February 18, 2003First Regular Session Sixty-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 03-0040.01 Jeff Conway HOUSE BILL 03-1128 HOUSE SPONSORSHIP Stafford, Crane, Harvey, Rhodes, Schultheis, and Sinclair SENATE SPONSORSHIP Cairns, Andrews, Arnold, Hillman, Johnson S., Kester, Lamborn, and May R. House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the required display of the national motto in public buildings in the state. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Directs the chief administrative officer of any state institution, public school, or political subdivision to display the national motto, "In God We Trust", in each public building and public school classroom in the state. Describes the minimum requirements for such display. Creates a civil action that may be brought by any resident taxpayer to enforce the act. Requires notification of the chief administrative officer of the alleged noncompliance, and provides a 60-day period in which the state institution, public school, or political subdivision may cure the noncompliance. Adds to the list of local school board duties the duty to display the national motto in public school classrooms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby finds and declares that: (1) The national motto of the United States of America is "In God We Trust"; (2) The national motto was adopted in 1956, and is codified at 36 U.S.C. section 302; (3) The national motto is deeply interwoven into the fabric of our civil polity; (4) The theme of the national motto is as old as the republic itself; (5) The Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him, as evidenced in their writings from the Mayflower Compact to the Constitution; (6) The signers of the Declaration of Independence appealed to the Supreme Judge of the World for the rectitude of their intentions and avowed a firm reliance on the protection of divine Providence for their cause; (7) The national motto recognizes the historical fact that our nation was believed to have been founded "under God"; (8) The national motto appears prominently engraved in the wall above the speaker's dias in the chamber of the United States house of representatives, is displayed over the entrance to the United States senate chamber, and is reproduced on every coin minted and every dollar printed by the federal government; (9) On July 24, 2000, the United States house of representatives, by unanimous consent, passed a resolution encouraging the display of the national motto in public buildings throughout the nation; and (10) The purpose of this act is to foster patriotism, express confidence in the future, inculcate hope, instruct in humility, acknowledge the historical role of faith in our society, and encourage the recognition of what is worthy of appreciation in society. SECTION 2. Article 2 of title 27, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 27-2-108.5. Display of the national motto - right of action. (1) (a) On and after the effective date of this section, the chief administrator of a public school shall cause the national motto to be prominently and conspicuously displayed in a classroom so long as a display meeting the requirements of paragraph (c) of this subsection (1) has been donated to the public school for such purpose; except that no more than one display per classroom shall be required. (b) On and after the effective date of this section, the chief administrative officer of a public building that is under the authority and control of an institution supported in whole or in part by the state shall cause the national motto to be prominently and conspicuously displayed in a public area of the building so long as a display meeting the requirements of paragraph (c) of this subsection (1) has been donated to the institution for such purpose; except that no more than one display per building shall be required. (c) The display required by this subsection (1) shall be engraved on a plaque made of permanent, nonporous material such as wood, plastic, stone, or metal plate, or framed in a glass-encased picture frame. The display shall be set forth in such manner as to be easily read by the average person from a distance of twenty feet. The display shall be ten inches by fourteen inches and shall be in substantial compliance with the following form, except that each letter in the first line shall be at least twice the height and width of the letters in the second line: "IN GOD WE TRUST" The National Motto of the United States of America (2) The provisions of subsection (1) of this section shall not apply to any structure: (a) That does not contain classrooms or offices that are open for business with the public; or (b) That is designed primarily for maintenance or for vehicle parking. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any resident taxpayer may commence a civil action to compel compliance against any public school or state institution described in subsection (1) of this section that wilfully fails to comply with any provision of this section. In any such action, a court shall award appropriate relief, including temporary, preliminary, and permanent relief, as well as costs of suit and reasonable attorney fees. (b) (I) No civil action may be brought pursuant to paragraph (a) of this subsection (3) unless the resident taxpayer who is seeking to enforce this section notifies by certified mail the chief administrative officer of the allegedly noncompliant public school or state institution that the public school or institution is not in compliance with the provisions of this section and the resident taxpayer intends to sue pursuant to the provisions of this subsection (3). (II) No civil action may be brought pursuant to paragraph (a) of this subsection (3) if the chief administrative officer of the public school or state institution cures the noncompliance with this section within the sixty-day period after receipt of the notification of noncompliance. SECTION 3. 22-32-109 (1) (s), Colorado Revised Statutes, is amended to read: 22-32-109. Board of education - specific duties - repeal. (1) In addition to any other duty required to be performed by law, each board of education shall have and perform the following specific duties: (s) (I) To cause to be erected and maintained a suitable flagstaff with the attachments necessary for the display of flags upon the administration building or, if none, on the principal school building or the grounds thereof and to cause suitable flags of standard bunting, not less than three by five feet in size, of the United States and the state of Colorado to be displayed upon said flagstaff at all times during the day while school is in session, except during inclement weather; and (II) Pursuant to section 27-2-108.5, C.R.S., to cause the national motto to be displayed in classrooms of public schools located in the school district; SECTION 4. Article 10 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 29-10-102. Display of the national motto - right of action. (1) (a) On and after the effective date of this section, the chief administrative officer of a public building that is under the authority and control of a political subdivision of the state shall cause the national motto to be prominently and conspicuously displayed in a room in which a governing body meets so long as a display meeting the requirements of paragraph (b) of this subsection (1) of this section has been donated to the political subdivision for such purpose; except that no more than one display per building shall be required. (b) The display shall be engraved on a plaque made of permanent, nonporous material such as wood, plastic, stone, or metal plate, or a framed poster in a glass-encased picture frame. The display shall be set forth in such manner as to be easily read by the average person from a distance of twenty feet. The display shall be ten inches by fourteen inches and shall be in substantial compliance with the following form, except that each letter in the first line shall be at least twice the height and width of the letters in the second line: "IN GOD WE TRUST" The National Motto of the United States of America (2) The provisions of subsection (1) of this section shall not apply to any structure: (a) That does not contain offices that are open for business with the public; or (b) That is designed primarily for maintenance or for vehicle parking. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any resident taxpayer may commence a civil action to compel compliance against any political subdivision described in subsection (1) of this section that wilfully fails to comply with any provision of this section. In any such action, a court shall award appropriate relief, including temporary, preliminary, and permanent relief, as well as costs of suit and reasonable attorney fees. (b) (I) No civil action may be brought pursuant to paragraph (a) of this subsection (3) unless the resident taxpayer who is seeking to enforce this section notifies by certified mail the chief administrative officer of the allegedly noncompliant political subdivision that the political subdivision is not in compliance with the provisions of this section and the resident taxpayer intends to sue pursuant to the provisions of this subsection (3). (II) No civil action may be brought pursuant to paragraph (a) of this subsection (3) if the chief administrative officer of the political subdivision cures the noncompliance with this section within the sixty-day period after receipt of the notification of noncompliance. SECTION 5. Effective date. This act shall take effect thirty days after the ninety-day period after final adjournment of the general assembly unless a referendum petition is filed during said ninety-day period that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall take effect on the specified date only if approved by the people.