Colorado 2022 Regular Session

Colorado House Bill HB1033 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-third General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 22-0554.01 Conrad Imel x2313
88 HOUSE BILL 22-1033
99 House Committees Senate Committees
1010 Public & Behavioral Health & Human Services
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE AUTHORITY TO CARRY A HANDGUN .101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 The bill grants a person who is at least 21 years old and permitted
2222 to possess a handgun pursuant to federal and state law the same authority
2323 to carry a concealed handgun as a person who holds a permit to carry a
2424 concealed handgun (permit). A person who carries a concealed handgun
2525 without a permit has the same rights, limitations, and authority to carry as
2626 a person who holds a permit. A person may obtain a permit for the
2727 purpose of using the permit to carry a concealed handgun in another state
2828 that recognizes a Colorado permit.
2929 HOUSE SPONSORSHIP
3030 Hanks,
3131 SENATE SPONSORSHIP
3232 (None),
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing statute.
3535 Dashes through the words indicate deletions from existing statute. Under existing law, a permit is valid for 5 years. The bill makes a
3636 permit valid for the life of the permit holder. Existing permits, other than
3737 temporary emergency permits, are converted to lifetime permits. Because
3838 permits are valid for the life of the holder, the bill repeals provisions
3939 relating to the renewal of permits. The bill repeals the temporary
4040 emergency permit to carry a concealed handgun.
4141 The bill repeals local government authority to regulate open or
4242 concealed carry of a handgun, including repealing the authority of special
4343 districts and the governing boards of institutions of higher education, as
4444 applicable.
4545 Be it enacted by the General Assembly of the State of Colorado:1
4646 SECTION 1. In Colorado Revised Statutes, 18-12-105, amend2
4747 (2) introductory portion, (2)(c), and (2)(f); and add (2)(g) and (3) as3
4848 follows:4
4949 18-12-105. Unlawfully carrying a concealed weapon - unlawful5
5050 possession of weapons - concealed carry of a handgun without a6
5151 permit. (2) It shall not be
5252 IS NOT an offense if the defendant was:7
5353 (c) A person who, at the time of carrying a concealed weapon,8
5454 held a valid written permit to carry a concealed weapon issued pursuant9
5555 to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon10
5656 involved was a handgun, held a valid permit to carry a concealed handgun11
5757 or a temporary emergency permit issued pursuant to part 2 of this article12
5858 ARTICLE 12; except that it shall be an offense under this section if the13
5959 person was carrying a concealed handgun in violation of the provisions14
6060 of section 18-12-214; or15
6161 (f) A United States probation officer or a United States pretrial16
6262 services officer while on duty and serving in the state of Colorado under17
6363 the authority of rules and regulations promulgated by the judicial18
6464 conference of the United States;
6565 OR19
6666 (g) L
6767 AWFULLY CARRYING A CONCEALED HANDGUN PURSUANT TO20
6868 HB22-1033-2- THE AUTHORITY GRANTED IN SUBSECTION (3) OF THIS SECTION.1
6969 (3) (a) A
7070 PERSON WHO IS AT LEAST TWENTY -ONE YEARS OF AGE2
7171 AND IS PERMITTED TO POSSESS A HANDGUN PURSUANT TO FEDERAL AND3
7272 STATE LAW HAS THE SAME AUTHORITY TO CARRY A CONCEALED4
7373 HANDGUN, AND IS SUBJECT TO THE SAME LIMITATIONS, AS A PERSON WHO5
7474 HOLDS A PERMIT TO CARRY A CONCEALED HANDGUN , AS SET FORTH IN6
7575 SECTION 18-12-214.7
7676 (b) N
7777 OTHING IN THIS SUBSECTION (3) PROHIBITS A PERSON FROM8
7878 APPLYING FOR AND OBTAINING A PERMIT TO CARRY A CONCEALED9
7979 HANDGUN PURSUANT TO PART 2 OF THIS ARTICLE 12 FOR THE PURPOSE OF10
8080 USING THE PERMIT TO CARRY A CONCEALED HANDGUN IN A STATE THAT11
8181 RECOGNIZES THE VALIDITY OF A PERMIT ISSUED IN COLORADO.12
8282 SECTION 2. In Colorado Revised Statutes, 18-12-105.5, amend13
8383 (3) introductory portion, (3)(d.5), and (3)(h); and add (3)(i) as follows:14
8484 18-12-105.5. Unlawfully carrying a weapon - unlawful15
8585 possession of weapons - school, college, or university grounds. (3) It16
8686 shall not be
8787 IS NOT an offense under this section if:17
8888 (d.5) The weapon involved was a handgun and the person held a18
8989 valid permit to carry a concealed handgun or a temporary emergency19
9090 permit issued pursuant to part 2 of this article ARTICLE 12; except that it20
9191 shall be an offense under this section if the person was carrying a21
9292 concealed handgun in violation of the provisions of section 18-12-21422
9393 (3); or23
9494 (h) The person has possession of the weapon for use in an24
9595 educational program approved by a school which program includes, but25
9696 shall not be IS NOT limited to, any course designed for the repair or26
9797 maintenance of weapons;
9898 OR27
9999 HB22-1033
100100 -3- (i) THE PERSON WAS LAWFULLY CARRYING A CONCEALED1
101101 HANDGUN PURSUANT TO THE AUTHORITY GRANTED IN SECTION 18-12-1052
102102 (3);
103103 EXCEPT THAT IT IS AN OFFENSE UNDER THIS SECTION IF THE PERSON3
104104 WAS CARRYING THE CONCEALED HANDGUN IN VIOLATION OF SECTION4
105105 18-12-214
106106 (3).5
107107 SECTION 3. In Colorado Revised Statutes, 18-12-106, amend,6
108108 as it will become effective March 1, 2022, (1)(d) as follows:7
109109 18-12-106. Prohibited use of weapons - definitions. (1) A8
110110 person commits a class 1 misdemeanor if:9
111111 (d) The person has in his or her possession a firearm while the10
112112 person is under the influence of intoxicating liquor or of a controlled11
113113 substance, as defined in section 18-18-102 (5). Possession of a permit12
114114 issued under section 18-12-105.1, as it existed prior to its repeal, or13
115115 possession of a permit or a temporary emergency permit
116116 issued pursuant14
117117 to part 2 of this article ARTICLE 12 is no defense to a violation of this15
118118 subsection (1).16
119119 SECTION 4. In Colorado Revised Statutes, 18-12-201, amend17
120120 (1)(c), (2)(a), and (2)(b); and repeal (1)(d) and (2)(c) as follows:18
121121 18-12-201. Legislative declaration. (1) The general assembly19
122122 finds that:20
123123 (c) Inconsistency regarding issuance of permits results in the21
124124 arbitrary and capricious denial of permits to carry concealed handguns22
125125 based on the jurisdiction of residence rather than the qualifications for23
126126 obtaining a permit;
127127 AND24
128128 (d) Officials of local governments are uniquely equipped to make
129129 25
130130 determinations as to where concealed handguns can be carried in their26
131131 local jurisdictions; and27
132132 HB22-1033
133133 -4- (2) Based on the findings specified in subsection (1) of this1
134134 section, the general assembly concludes that:2
135135 (a) The criteria and procedures for issuing permits to carry3
136136 concealed handguns is a matter of statewide concern;
137137 AND4
138138 (b) It is necessary to provide statewide uniform standards for5
139139 issuing permits to carry concealed handguns for self-defense. and
140140 6
141141 (c) Whether concealed handguns can be carried in a specific area7
142142 is a matter of state and local concern.8
143143 SECTION 5. In Colorado Revised Statutes, 18-12-202, amend9
144144 (6) as follows:10
145145 18-12-202. Definitions. As used in this part 2, unless the context11
146146 otherwise requires:12
147147 (6) "Permit" means a permit to carry a concealed handgun issued13
148148 pursuant to the provisions of this part 2. except that "permit" does not14
149149 include a temporary emergency permit issued pursuant to section15
150150 18-12-209.16
151151 SECTION 6. In Colorado Revised Statutes, 18-12-203, amend17
152152 (3)(a) as follows:18
153153 18-12-203. Criteria for obtaining a permit. (3) (a) The sheriff19
154154 shall deny
155155 OR revoke or refuse to renew
156156 a permit if an applicant or a20
157157 permittee fails to meet one of the criteria listed in subsection (1) of this21
158158 section and may deny
159159 OR revoke or refuse to renew
160160 a permit on the22
161161 grounds specified in subsection (2) of this section. 23
162162 SECTION 7. In Colorado Revised Statutes, 18-12-204, amend24
163163 (1)(b) and (3)(a) introductory portion; repeal (2)(b); and add (1)(c) as25
164164 follows:26
165165 18-12-204. Permit contents - validity - carrying requirements.27
166166 HB22-1033
167167 -5- (1) (b) A permit is valid for a period of five years after the date of1
168168 issuance and may be renewed as provided in section 18-12-211 THE LIFE2
169169 OF THE PERMIT HOLDER UNLESS SUSPENDED OR REVOKED . A permit issued3
170170 pursuant to this part 2 including a temporary emergency permit issued4
171171 pursuant to section 18-12-209, is effective in all areas of the state, except5
172172 as otherwise provided in section 18-12-214.6
173173 (c) A
174174 PERMIT, OTHER THAN A TEMPORARY EMERGENCY PERMIT ,7
175175 ISSUED PURSUANT TO THIS PART 2 PRIOR TO THE EFFECTIVE DATE OF THIS8
176176 SUBSECTION (1)(c) THAT IS VALID ON THE EFFECTIVE DATE OF THIS9
177177 SUBSECTION (1)(c) DOES NOT EXPIRE AND IS VALID FOR THE LIFE OF THE10
178178 PERMIT HOLDER UNLESS SUSPENDED OR REVOKED . THE ISSUING SHERIFF11
179179 SHALL PROVIDE A PERMITTEE A REPLACEMENT PERMIT WITHOUT AN12
180180 EXPIRATION DATE UPON REQUEST OF THE PERMITTEE AND RECEIPT OF A13
181181 FIFTEEN DOLLAR FEE.14
182182 (2) (b) The provisions of paragraph (a) of this subsection (2) apply
183183 15
184184 to temporary emergency permits issued pursuant to section 18-12-209.16
185185 (3) (a) A person who may lawfully possess a handgun may carry17
186186 a handgun under the following circumstances without obtaining a permit18
187187 and the handgun shall not be considered concealed:19
188188 SECTION 8. In Colorado Revised Statutes, 18-12-205, amend20
189189 (5) as follows:21
190190 18-12-205. Sheriff - application - procedure - background22
191191 check. (5) The sheriff in each county or city and county in the state shall23
192192 establish the amount of the new and renewal permit fees FEE within his24
193193 or her THE SHERIFF'S jurisdiction. The amount of the new and renewal25
194194 permit fees shall FEE MUST comply with the limits specified in paragraph26
195195 (b) of subsection (2) SUBSECTION (2)(b) of this section and section27
196196 HB22-1033
197197 -6- 18-12-211 (1), respectively. The fee amounts shall AND MUST reflect the1
198198 actual direct and indirect costs to the sheriff of processing permit2
199199 applications and renewal applications pursuant to this part 2.3
200200 SECTION 9. In Colorado Revised Statutes, 18-12-207, amend4
201201 (1) as follows:5
202202 18-12-207. Judicial review - permit denial - permit suspension6
203203 - permit revocation. (1) If a sheriff denies a permit application refuses7
204204 to renew a permit, or suspends or revokes a permit, the applicant or8
205205 permittee may seek judicial review of the sheriff's decision. The applicant9
206206 or permittee may seek judicial review either in lieu of or subsequent to the10
207207 sheriff's second review.11
208208 SECTION 10. In Colorado Revised Statutes, 18-12-208, amend12
209209 (1) and (2)(a) as follows:13
210210 18-12-208. Colorado bureau of investigation - duties. (1) Upon14
211211 receipt of a permit applicant's fingerprints from a sheriff pursuant to15
212212 section 18-12-205 (4), or upon a sheriff's request pursuant to section16
213213 18-12-211 (1), the bureau shall process the full set of fingerprints to17
214214 obtain any available state criminal justice information or federal18
215215 information pursuant to section 16-21-103 (5) C.R.S., and shall report any19
216216 information received to the sheriff. In addition, within ten days after20
217217 receiving the fingerprints, the bureau shall forward one set of the21
218218 fingerprints to the federal bureau of investigation for processing to obtain22
219219 any available state criminal justice information or federal information.23
220220 (2) The bureau shall use the fingerprints received pursuant to this24
221221 part 2 solely for the purposes of:25
222222 (a) Obtaining information for the issuance or renewal of permits;26
223223 and27
224224 HB22-1033
225225 -7- SECTION 11. In Colorado Revised Statutes, repeal 18-12-2091
226226 as follows:2
227227 18-12-209. Issuance by sheriffs of temporary emergency3
228228 permits. (1) Notwithstanding any provisions of this part 2 to the4
229229 contrary, a sheriff, as provided in this section, may issue a temporary5
230230 emergency permit to carry a concealed handgun to a person whom the6
231231 sheriff has reason to believe may be in immediate danger.7
232232 (2) (a) To receive a temporary emergency permit, a person shall8
233233 submit to the sheriff of the county or city and county in which the person9
234234 resides or in which the circumstances giving rise to the emergency exist10
235235 the items specified in section 18-12-205; except that an applicant for a11
236236 temporary emergency permit need not submit documentary evidence12
237237 demonstrating competence with a handgun as required under section13
238238 18-12-205 (3)(a), and the applicant shall submit a temporary permit fee14
239239 not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the15
240240 documents and fee, the sheriff shall request that the bureau conduct a16
241241 criminal history record check of the bureau files and a search of the17
242242 national instant criminal background check system. The sheriff may issue18
243243 a temporary emergency permit to the applicant if the sheriff determines19
244244 the person may be in immediate danger and the criminal history record20
245245 check shows that the applicant meets the criteria specified in section21
246246 18-12-203; except that the applicant need not demonstrate competence22
247247 with a handgun and the applicant may be eighteen years of age or older.23
248248 (b) (I) A temporary emergency permit issued pursuant to this24
249249 section is valid for a period of ninety days after the date of issuance. Prior25
250250 to or within ten days after expiration of a temporary emergency permit,26
251251 the permittee may apply to the sheriff of the county or city and county in27
252252 HB22-1033
253253 -8- which the person resides or in which the circumstances giving rise to the1
254254 emergency exist for renewal of the permit. The sheriff may renew a2
255255 temporary emergency permit once for an additional ninety-day period;3
256256 except that, if the permittee is younger than twenty-one years of age, the4
257257 sheriff may renew the temporary emergency permit for subsequent5
258258 ninety-day periods until the permittee reaches twenty-one years of age.6
259259 (II) If the sheriff is not the same sheriff who issued the temporary7
260260 emergency permit to the permittee:8
261261 (A) The permittee shall submit to the renewing sheriff, in addition9
262262 to the materials described in section 18-12-205, a legible photocopy of the10
263263 temporary emergency permit; and11
264264 (B) The renewing sheriff shall contact the office of the sheriff12
265265 who issued the temporary emergency permit and confirm that the issuing13
266266 sheriff has not revoked or suspended the temporary emergency permit.14
267267 SECTION 12. In Colorado Revised Statutes, 18-12-210, repeal15
268268 (3) as follows:16
269269 18-12-210. Maintenance of permit - address change - invalidity17
270270 of permit. (3) The provisions of this section apply to temporary18
271271 emergency permits issued pursuant to section 18-12-209.19
272272 SECTION 13. In Colorado Revised Statutes, repeal 18-12-21120
273273 as follows:21
274274 18-12-211. Renewal of permits. (1) (a) Within one hundred22
275275 twenty days prior to expiration of a permit, the permittee may obtain a23
276276 renewal form from the sheriff of the county or city and county in which24
277277 the permittee resides or from the sheriff of the county or city and county25
278278 in which the permittee maintains a secondary residence or owns or leases26
279279 real property used by the permittee in a business and renew the permit by27
280280 HB22-1033
281281 -9- submitting to the sheriff a completed renewal form, a notarized affidavit1
282282 stating that the permittee remains qualified pursuant to the criteria2
283283 specified in section 18-12-203 (1)(a) to (1)(g), and the required renewal3
284284 fee not to exceed fifty dollars, as set by the sheriff pursuant to section4
285285 18-12-205 (5). The renewal form must meet the requirements specified5
286286 in section 18-12-205 (1) for an application.6
287287 (b) If the sheriff is not the same sheriff who issued the permit to7
288288 the permittee:8
289289 (I) The permittee shall submit to the renewing sheriff, in addition9
290290 to the materials described in paragraph (a) of this subsection (1), a legible10
291291 photocopy of the permit; and11
292292 (II) The renewing sheriff shall contact the office of the sheriff12
293293 who issued the permit and confirm that the issuing sheriff has not revoked13
294294 or suspended the permit.14
295295 (c) The sheriff shall verify pursuant to section 18-12-205 (4) that15
296296 the permittee meets the criteria specified in section 18-12-203 (1)(a) to16
297297 (1)(g) and is not a danger as described in section 18-12-203 (2) and shall17
298298 either renew or deny the renewal of the permit in accordance with the18
299299 provisions of section 18-12-206 (1). If the sheriff denies renewal of a19
300300 permit, the permittee may seek a second review of the renewal application20
301301 by the sheriff and may submit additional information for the record. The21
302302 permittee may also seek judicial review as provided in section 18-12-207.22
303303 (2) A permittee who fails to file a renewal form on or before the23
304304 permit expiration date may renew the permit by paying a late fee of24
305305 fifteen dollars in addition to the renewal fee established pursuant to25
306306 subsection (1) of this section. No permit shall be renewed six months or26
307307 more after its expiration date, and the permit shall be deemed to have27
308308 HB22-1033
309309 -10- permanently expired. A person whose permit has permanently expired1
310310 may reapply for a permit, but the person shall submit an application for2
311311 a permit and the fee required pursuant to section 18-12-205. A person3
312312 who knowingly and intentionally files false or misleading information or4
313313 deliberately omits material information required under this section is5
314314 subject to criminal prosecution for perjury under section 18-8-503.6
315315 SECTION 14. In Colorado Revised Statutes, 18-12-212, amend7
316316 (2) as follows:8
317317 18-12-212. Exemption. (2) Notwithstanding any provision of this9
318318 part 2 to the contrary, a retired peace officer, level I or Ia, as defined in10
319319 section 18-1-901 (3)(l)(I) and (3)(l)(II), as said section existed prior to its11
320320 repeal in 2003, within the first five years after retirement may obtain a12
321321 permit by submitting to the sheriff of the jurisdiction in which the retired13
322322 peace officer resides a letter signed by the sheriff or chief of police of the14
323323 jurisdiction by which the peace officer was employed immediately prior15
324324 to retirement attesting that the retired officer meets the criteria specified16
325325 in section 18-12-203 (1). A retired peace officer who submits a letter17
326326 pursuant to this subsection (2) is not subject to the fingerprint or criminal18
327327 history check requirements specified in this part 2 and is not required to19
328328 pay the permit application fee. Upon receipt of a letter submitted pursuant20
329329 to this subsection (2), the sheriff shall issue the permit. A permit issued21
330330 pursuant to this subsection (2) may not be renewed. Upon expiration of22
331331 the permit, the permittee may apply for a new permit as provided in this23
332332 part 2.24
333333 SECTION 15. In Colorado Revised Statutes, 18-12-214, amend25
334334 (1)(a); and repeal (1)(c), (2.5), (3.5), and (6) as follows:26
335335 18-12-214. Authority granted by permit - carrying restrictions27
336336 HB22-1033
337337 -11- - local authority. (1) (a) A permit to carry a concealed handgun1
338338 authorizes the permittee to carry a concealed handgun in all areas of the2
339339 state, except as specifically limited in this section. A permit does not3
340340 authorize the permittee to use a handgun in a manner that would violate4
341341 a provision of state law. A
342342 LOCAL GOVERNMENT DOES NOT HAVE THE5
343343 AUTHORITY TO ADOPT OR ENFORCE AN ORDINANCE OR RESOLUTION THAT6
344344 WOULD CONFLICT WITH ANY PROVISION OF THIS PART 2.7
345345 (c) (I) A local government, including a special district, or the
346346 8
347347 governing board of an institution of higher education, including the board9
348348 of directors of the Auraria higher education center, may enact an10
349349 ordinance, resolution, rule, or other regulation that prohibits a permittee11
350350 from carrying a concealed handgun in a building or specific area within12
351351 the local government's or governing board's jurisdiction, or for a special13
352352 district, in a building or specific area under the direct control or14
353353 management of the district, including a building or facility managed15
354354 pursuant to an agreement between the district and a contractor. An16
355355 ordinance, resolution, or other regulation prohibiting a permittee from17
356356 carrying a concealed handgun may only impose a civil penalty for a18
357357 violation and require the person to leave the premises. For a first offense,19
358358 the ordinance, resolution, or other regulation may not impose a fine that20
359359 exceeds fifty dollars and may not impose a sentence of incarceration. A21
360360 person who does not leave the premises when required may be subject to22
361361 criminal penalties.23
362362 (II) If a local government or governing board prohibits carrying24
363363 a concealed handgun in a building or specific area, the local government25
364364 or governing board shall post signs at the public entrances to the building26
365365 or specific area informing persons that carrying a concealed handgun is27
366366 HB22-1033
367367 -12- prohibited in the building or specific area. The notice required by this1
368368 section may be included on a sign describing open carry restrictions2
369369 posted in accordance with section 29-11.7-104.3
370370 (2.5) A permit issued pursuant to this part 2 does not authorize a4
371371 person to carry a concealed handgun into a place where the carrying of5
372372 concealed handguns is prohibited by a local ordinance, resolution, rule,6
373373 or other regulation.7
374374 (3.5) A permit issued pursuant to this part 2 does not authorize a8
375375 person to carry a concealed handgun onto the real property, or into any9
376376 improvements erected thereon, of a public college or university if the10
377377 carrying of concealed handguns is prohibited by the governing board of11
378378 the college or university.12
379379 (6) The provisions of this section apply to temporary emergency13
380380 permits issued pursuant to section 18-12-209.14
381381 SECTION 16. In Colorado Revised Statutes, amend 29-11.7-10415
382382 as follows:16
383383 29-11.7-104. Regulation - carrying - posting. (1) A local17
384384 government may enact an ordinance, regulation, or other law that18
385385 prohibits the open carrying of a firearm,
386386 OTHER THAN A HANDGUN , in a19
387387 building or specific area within the local government's jurisdiction. If a20
388388 local government enacts an ordinance, regulation, or other law that21
389389 prohibits the open carrying of a firearm,
390390 OTHER THAN A HANDGUN , in a22
391391 building or specific area, the local government shall post signs at the23
392392 public entrances to the building or specific area informing persons that24
393393 the open carrying of firearms,
394394 OTHER THAN HANDGUNS , is prohibited in25
395395 the building or specific area.26
396396 (2) A
397397 LOCAL GOVERNMENT DOES NOT HAVE THE AUTHORITY TO27
398398 HB22-1033
399399 -13- ENACT AN ORDINANCE, REGULATION, OR OTHER LAW THAT PROHIBITS THE1
400400 OPEN CARRYING OF A HANDGUN IN A BUILDING OR SPECIFIC AREA WITHIN2
401401 THE LOCAL GOVERNMENT 'S JURISDICTION.3
402402 SECTION 17. In Colorado Revised Statutes, 25-20.5-1206,4
403403 amend (3) as follows:5
404404 25-20.5-1206. Rules - report. (3) On or before December 31,6
405405 2027, and on or before December 31 every fifth year thereafter, the office7
406406 shall issue a report to the general assembly summarizing gun violence8
407407 prevention measures adopted by local jurisdictions pursuant to article9
408408 11.7 of title 29. or section 18-12-214. The office shall make the report10
409409 publicly available on its website or, if the office does not have a dedicated11
410410 website, on a web page of the department's website. Notwithstanding12
411411 section 24-1-136 (11)(a)(I), the report required pursuant to this subsection13
412412 (3) continues indefinitely.14
413413 SECTION 18. Act subject to petition - effective date. This act15
414414 takes effect at 12:01 a.m. on the day following the expiration of the16
415415 ninety-day period after final adjournment of the general assembly; except17
416416 that, if a referendum petition is filed pursuant to section 1 (3) of article V18
417417 of the state constitution against this act or an item, section, or part of this19
418418 act within such period, then the act, item, section, or part will not take20
419419 effect unless approved by the people at the general election to be held in21
420420 November 2022 and, in such case, will take effect on the date of the22
421421 official declaration of the vote thereon by the governor.23
422422 HB22-1033
423423 -14-