2 | | - | BY SENATOR(S) Smallwood and Donovan, Bridges, Buckner, Coleman, |
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3 | | - | Cooke, Coram, Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Hisey, |
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4 | | - | Jaquez Lewis, Kirkmeyer, Kolker, Lee, Liston, Moreno, Pettersen, Priola, |
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5 | | - | Rankin, Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, Woodward, |
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6 | | - | Fenberg; |
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7 | | - | also REPRESENTATIVE(S) Tipper and Will, Bernett, Bird, Lindsay, |
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8 | | - | McCluskie, Michaelson Jenet, Soper, Titone. |
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| 9 | + | Senate Committees House Committees |
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| 10 | + | State, Veterans, & Military Affairs Public & Behavioral Health & Human Services |
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| 11 | + | Finance Finance |
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| 12 | + | Appropriations Appropriations |
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| 13 | + | A BILL FOR AN ACT |
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10 | | - | ONCERNING A REQUIREMENT THAT THE BOARD OF DIRECTORS OF THE |
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11 | | - | COLORADO HEALTH BENEFIT EXCHANGE CREATE A CONSUMER |
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12 | | - | OUTREACH CAMPAIGN TO PROVIDE CONSUMERS WITH |
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13 | | - | COMPREHENSIVE INFORMATION REGARDING COVERED HEALTH |
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14 | | - | -CARE |
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15 | | - | SERVICES |
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16 | | - | , AND, IN CONNECTION THEREWITH, ADJUSTING THE LIMIT |
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17 | | - | ON THE TOTAL AMOUNT OF TAX CREDITS THAT MAY BE GRANTED TO |
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18 | | - | HEALTH INSURANCE COMPANIES |
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19 | | - | . |
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20 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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21 | | - | SECTION 1. In Colorado Revised Statutes, add 10-22-115 as |
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22 | | - | follows: |
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23 | | - | 10-22-115. Public awareness and education campaign - board - |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. report - repeal. (1) (a) O N OR BEFORE JULY 1, 2023, THE BOARD SHALL |
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32 | | - | CREATE AND IMPLEMENT A PUBLIC AWARENESS AND EDUCATION CAMPAIGN |
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33 | | - | IN ORDER TO EDUCATE CONSUMERS IN |
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34 | | - | COLORADO REGARDING THE OPTIONS |
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35 | | - | FOR OBTAINING HEALTH |
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36 | | - | -CARE COVERAGE. |
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| 15 | + | ONCERNING A REQUIREMENT THAT THE BOARD OF DIRECTORS OF THE101 |
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| 16 | + | C |
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| 17 | + | OLORADO HEALTH BENEFIT EXCHANGE CREATE A CONSUMER102 |
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| 18 | + | OUTREACH CAMPAIGN TO PROVIDE CONSUMERS WITH103 |
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| 19 | + | COMPREHENSIVE INFORMATION REGARDING COVERED104 |
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| 20 | + | HEALTH-CARE SERVICES, AND, IN CONNECTION THEREWITH ,105 |
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| 21 | + | ADJUSTING THE LIMIT ON THE TOTAL AMOUNT OF TAX CREDITS106 |
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| 22 | + | THAT MAY BE GRANTED TO HEALTH INSURANCE COMPANIES . |
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| 23 | + | 107 |
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| 24 | + | Bill Summary |
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| 25 | + | (Note: This summary applies to this bill as introduced and does |
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| 26 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 27 | + | passes third reading in the house of introduction, a bill summary that |
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| 28 | + | applies to the reengrossed version of this bill will be available at |
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| 29 | + | http://leg.colorado.gov |
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| 30 | + | .) |
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| 31 | + | HOUSE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | May 10, 2022 |
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| 34 | + | SENATE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | May 2, 2022 |
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| 37 | + | SENATE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | April 29, 2022 |
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| 40 | + | SENATE SPONSORSHIP |
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| 41 | + | Smallwood and Donovan, Bridges, Buckner, Coleman, Cooke, Coram, Fenberg, Gardner, |
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| 42 | + | Ginal, Gonzales, Hansen, Hinrichsen, Hisey, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Liston, |
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| 43 | + | Moreno, Pettersen, Priola, Rankin, Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, |
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| 44 | + | Woodward |
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| 45 | + | HOUSE SPONSORSHIP |
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| 46 | + | Tipper and Will, |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 49 | + | Dashes through the words indicate deletions from existing statute. The bill requires the board of directors (board) of the Colorado |
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| 50 | + | health benefit exchange (exchange) to create and implement a consumer |
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| 51 | + | outreach campaign (campaign) to provide consumers information |
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| 52 | + | regarding the details of the Colorado medical assistance program and |
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| 53 | + | subsidized and nonsubsidized health benefit plans available for purchase |
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| 54 | + | in the individual and small group markets. |
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| 55 | + | To pay for the campaign: |
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| 56 | + | ! The board is required to collect a special fee from insurers; |
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| 57 | + | and |
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| 58 | + | ! The amount of the tax credits that the commissioner of |
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| 59 | + | insurance is allowed to allocate to insurers that contribute |
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| 60 | + | to the exchange increases from $5 million to $10 million. |
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| 61 | + | The board is required to annually report its progress and |
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| 62 | + | accounting to the Colorado health insurance exchange oversight |
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| 63 | + | committee at the committee's first meeting of the calendar year. The |
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| 64 | + | requirements of the bill repeal on December 31, 2027. |
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| 65 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 66 | + | SECTION 1. In Colorado Revised Statutes, add 10-22-115 as2 |
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| 67 | + | follows:3 |
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| 68 | + | 10-22-115. Public awareness and education campaign - board4 |
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| 69 | + | - report - repeal. (1) (a) O |
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| 70 | + | N OR BEFORE JULY 1, 2023, THE BOARD SHALL5 |
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| 71 | + | CREATE AND IMPLEMENT A PUBLIC AWARENESS AND EDUCATION6 |
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| 72 | + | CAMPAIGN IN ORDER TO EDUCATE CONSUMERS IN COLORADO REGARDING7 |
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| 73 | + | THE OPTIONS FOR OBTAINING HEALTH -CARE COVERAGE. |
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| 74 | + | 8 |
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65 | | - | INCLUDE MARKETING AND OUTREACH TO HELP CONSUMERS IN THIS STATE |
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66 | | - | WHO |
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67 | | - | , AT THE END OF THE COVID-19 PUBLIC HEALTH EMERGENCY AS |
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68 | | - | DECLARED AND EXTENDED BY THE |
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69 | | - | UNITED STATES SECRETARY OF HEALTH |
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70 | | - | AND HUMAN SERVICES |
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71 | | - | , ARE NO LONGER ELIGIBLE FOR BENEFITS UNDER THE |
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72 | | - | "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE |
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73 | | - | 25.5, OR THE "CHILDREN'S BASIC HEALTH PLAN ACT", ARTICLE 8 OF TITLE |
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74 | | - | 25.5, TO UNDERSTAND COVERAGE OPTIONS AND TO TRANSITION TO |
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75 | | - | HEALTH |
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76 | | - | -CARE COVERAGE OBTAINED THROUGH THE EXCHANGE . |
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77 | | - | (d) T |
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78 | | - | HE BOARD MAY USE PRINT OR ELECTRONIC MEDIA , WRITTEN |
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79 | | - | MATERIAL |
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80 | | - | , SOCIAL MEDIA, DIRECT MAIL, OR ANY EFFECTIVE MEANS OF |
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81 | | - | OUTREACH TO CREATE AWARENESS AND EDUCATE CONSUMERS |
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82 | | - | THROUGHOUT THE CAMPAIGN |
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83 | | - | . |
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| 102 | + | 8 |
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| 103 | + | INCLUDE MARKETING AND OUTREACH TO HELP CONSUMERS IN THIS STATE9 |
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| 104 | + | WHO, AT THE END OF THE COVID -19 PUBLIC HEALTH EMERGENCY AS10 |
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| 105 | + | DECLARED AND EXTENDED BY THE UNITED STATES SECRETARY OF HEALTH11 |
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| 106 | + | AND HUMAN SERVICES, ARE NO LONGER ELIGIBLE FOR BENEFITS UNDER12 |
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| 107 | + | THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF13 |
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| 108 | + | TITLE 25.5, OR THE "CHILDREN'S BASIC HEALTH PLAN ACT", ARTICLE 8 OF14 |
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| 109 | + | TITLE 25.5, TO UNDERSTAND COVERAGE OPTIONS AND TO TRANSITION TO15 |
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| 110 | + | HEALTH-CARE COVERAGE OBTAINED THROUGH THE EXCHANGE .16 |
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| 111 | + | (d) THE BOARD MAY USE PRINT OR ELECTRONIC MEDIA , WRITTEN17 |
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| 112 | + | MATERIAL, SOCIAL MEDIA, DIRECT MAIL, OR ANY EFFECTIVE MEANS OF18 |
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| 113 | + | OUTREACH TO CREATE AWARENESS AND EDUCATE CONSUMERS19 |
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| 114 | + | THROUGHOUT THE CAMPAIGN .20 |
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106 | | - | HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2028. THE |
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107 | | - | COMMITTEE MAY REPORT A BILL TO THE LEGISLATIVE COUNCIL OF THE |
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108 | | - | GENERAL ASSEMBLY PURSUANT TO SECTION |
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109 | | - | 10-22-107 (5) TO EXTEND OR |
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110 | | - | ELIMINATE THE REPEAL DATE IN THIS SECTION |
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111 | | - | . |
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112 | | - | SECTION 2. In Colorado Revised Statutes, 10-22-110, amend |
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113 | | - | (3)(a) introductory portion, (3)(a)(II), (4)(b), and (5) as follows: |
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114 | | - | 10-22-110. Tax credit for contributions to the exchange - |
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115 | | - | allocation notice - rules - repeal. (3) (a) Subject to paragraph (c) of |
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116 | | - | subsection (4) SUBSECTION (4)(c) of this section, an insurance company |
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117 | | - | shall become a qualified taxpayer if all of the following conditions are met: |
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118 | | - | (II) The total amount of the tax credits granted by the commissioner |
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119 | | - | does not exceed five million dollars; |
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120 | | - | EXCEPT THAT, ON AND AFTER |
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121 | | - | SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2028, THE TOTAL AMOUNT OF |
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122 | | - | THE TAX CREDITS DOES NOT EXCEED NINE MILLION DOLLARS |
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123 | | - | ; and |
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124 | | - | (4) (b) (I) Subject to paragraph (c) of this subsection (4) |
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125 | | - | SUBSECTION |
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126 | | - | (4)(c) OF THIS SECTION, the commissioner shall allocate no more than a total |
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127 | | - | of five million dollars THE FOLLOWING TOTAL AMOUNTS of premium tax |
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128 | | - | credits per year: |
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| 134 | + | HIS SECTION IS REPEALED, EFFECTIVE |
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| 135 | + | DECEMBER 31, 2025.6 |
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| 136 | + | T |
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| 137 | + | HE COMMITTEE MAY REPORT A BILL TO THE LEGISLATIVE COUNCIL OF THE7 |
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| 138 | + | GENERAL ASSEMBLY PURSUANT TO SECTION 10-22-107 (5) TO EXTEND OR8 |
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| 139 | + | ELIMINATE THE REPEAL DATE IN THIS SECTION. |
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| 140 | + | 9 |
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| 141 | + | 10 |
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| 142 | + | SECTION 2. In Colorado Revised Statutes, 10-22-110, amend11 |
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| 143 | + | (3)(a) introductory portion, (3)(a)(II), (4)(b), and (5) as follows:12 |
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| 144 | + | 10-22-110. Tax credit for contributions to the exchange -13 |
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| 145 | + | allocation notice - rules - repeal. (3) (a) Subject to paragraph (c) of14 |
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| 146 | + | subsection (4) SUBSECTION (4)(c) of this section, an insurance company15 |
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| 147 | + | shall become a qualified taxpayer if all of the following conditions are16 |
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| 148 | + | met:17 |
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| 149 | + | (II) The total amount of the tax credits granted by the18 |
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| 150 | + | commissioner does not exceed five million dollars; |
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| 151 | + | EXCEPT THAT, ON AND |
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| 152 | + | 19 |
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| 153 | + | AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2024, THE TOTAL20 |
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| 154 | + | AMOUNT OF THE TAX CREDITS DOES NOT EXCEED TEN MILLION DOLLARS ;21 |
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| 155 | + | and22 |
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| 156 | + | (4) (b) (I) Subject to paragraph (c) of this subsection (4)23 |
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| 157 | + | SUBSECTION (4)(c) OF THIS SECTION, the commissioner shall allocate no24 |
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| 158 | + | more than a total of five million dollars THE FOLLOWING TOTAL AMOUNTS25 |
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| 159 | + | of premium tax credits per year:26 |
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137 | | - | XCEPT AS PROVIDED IN SUBSECTION (4)(b)(III) OF THIS |
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138 | | - | SECTION |
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139 | | - | , the commissioner shall allocate to an insurance company that has |
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140 | | - | declared its intent to contribute to the exchange pursuant to this section tax |
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141 | | - | credits in an amount equal to the amount of premium taxes paid by the |
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142 | | - | insurance company in its quarterly tax payment due on or about July 31 in |
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143 | | - | the order in which the division receives such quarterly tax payments until |
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144 | | - | the full amount of credits available pursuant to this section has been |
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145 | | - | allocated. except that, |
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146 | | - | (III) If such THE amount of PREMIUM taxes or the sum of all the |
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147 | | - | PREMIUM taxes filed by all the insurance companies on any one day would |
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148 | | - | exceed, singly or in the aggregate, the annual maximum aggregate amount |
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149 | | - | of tax credits available under this section, the commissioner shall reduce the |
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150 | | - | allocation to the insurance company whose contribution first exceeds the |
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151 | | - | annual maximum aggregate to the amount needed to satisfy the annual |
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152 | | - | maximum aggregate. If the commissioner is unable to determine the order |
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153 | | - | of receipt of tax payments on that day, the commissioner shall allocate the |
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154 | | - | tax credits to the company or among the companies on a pro rata basis |
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155 | | - | based on the ratio such company's quarterly tax payment bears to the total |
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156 | | - | amount of all such companies' quarterly tax payments until the full amount |
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157 | | - | of credits available pursuant to this section has been allocated. |
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158 | | - | (5) The board shall use moneys |
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159 | | - | MONEY contributed to the exchange |
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160 | | - | AS FOLLOWS: |
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161 | | - | (a) T |
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162 | | - | HE AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH THE |
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163 | | - | FIRST FIVE MILLION DOLLARS OF TAX CREDITS IS ALLOCATED |
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164 | | - | pursuant to |
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165 | | - | SUBSECTION (4)(b) OF this section and THE interest derived from the deposit |
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166 | | - | and investment of the moneys |
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167 | | - | MONEY, to operate and sustain the exchange |
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168 | | - | and to build reserves; |
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169 | | - | EXCEPT THAT, ON AND AFTER SEPTEMBER 1, 2028, THE |
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170 | | - | TOTAL AMOUNT OF CONTRIBUTIONS AND INTEREST DERIVED FROM THE |
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171 | | - | DEPOSIT AND INVESTMENT OF THE MONEY SHALL BE USED FOR THE PURPOSES |
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172 | | - | SPECIFIED IN THIS SUBSECTION |
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173 | | - | (5)(a). |
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174 | | - | PAGE 4-SENATE BILL 22-081 (b) (I) ANY AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH |
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175 | | - | ANY AMOUNT IN EXCESS OF THE FIRST FIVE MILLION DOLLARS OF TAX |
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176 | | - | CREDITS IS ALLOCATED PURSUANT TO SUBSECTION |
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177 | | - | (4)(b) OF THIS SECTION |
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178 | | - | AND THE INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE |
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179 | | - | MONEY |
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180 | | - | , FOR THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN IN SECTION |
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181 | | - | 10-22-115. |
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| 174 | + | XCEPT AS PROVIDED IN SUBSECTION (4)(b)(III) OF THIS6 |
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| 175 | + | SECTION, the commissioner shall allocate to an insurance company that7 |
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| 176 | + | has declared its intent to contribute to the exchange pursuant to this8 |
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| 177 | + | section tax credits in an amount equal to the amount of premium taxes9 |
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| 178 | + | paid by the insurance company in its quarterly tax payment due on or10 |
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| 179 | + | about July 31 in the order in which the division receives such quarterly11 |
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| 180 | + | tax payments until the full amount of credits available pursuant to this12 |
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| 181 | + | section has been allocated. except that, |
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| 182 | + | 13 |
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| 183 | + | (III) If such THE amount of PREMIUM taxes or the sum of all the14 |
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| 184 | + | PREMIUM taxes filed by all the insurance companies on any one day would15 |
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| 185 | + | exceed, singly or in the aggregate, the annual maximum aggregate amount16 |
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| 186 | + | of tax credits available under this section, the commissioner shall reduce17 |
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| 187 | + | the allocation to the insurance company whose contribution first exceeds18 |
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| 188 | + | the annual maximum aggregate to the amount needed to satisfy the annual19 |
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| 189 | + | maximum aggregate. If the commissioner is unable to determine the order20 |
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| 190 | + | of receipt of tax payments on that day, the commissioner shall allocate the21 |
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| 191 | + | tax credits to the company or among the companies on a pro rata basis22 |
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| 192 | + | based on the ratio such company's quarterly tax payment bears to the total23 |
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| 193 | + | amount of all such companies' quarterly tax payments until the full24 |
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| 194 | + | amount of credits available pursuant to this section has been allocated.25 |
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| 195 | + | (5) The board shall use moneys MONEY contributed to the26 |
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| 196 | + | exchange |
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| 197 | + | AS FOLLOWS:27 |
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| 198 | + | 081 |
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| 199 | + | -5- (a) THE AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH1 |
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| 200 | + | THE FIRST FIVE MILLION DOLLARS OF TAX CREDITS IS ALLOCATED pursuant2 |
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| 201 | + | to |
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| 202 | + | SUBSECTION (4)(b) OF this section and THE interest derived from the3 |
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| 203 | + | deposit and investment of the moneys |
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| 204 | + | MONEY, to operate and sustain the4 |
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| 205 | + | exchange and to build reserves; |
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| 206 | + | EXCEPT THAT, ON AND AFTER SEPTEMBER |
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| 207 | + | 5 |
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| 208 | + | 1, 2024, THE TOTAL AMOUNT OF CONTRIBUTIONS AND INTEREST DERIVED6 |
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| 209 | + | FROM THE DEPOSIT AND INVESTMENT OF THE MONEY SHALL BE USED FOR7 |
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| 210 | + | THE PURPOSES SPECIFIED IN THIS SUBSECTION (5)(a).8 |
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| 211 | + | (b) (I) A |
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| 212 | + | NY AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH9 |
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| 213 | + | ANY AMOUNT IN EXCESS OF THE FIRST FIVE MILLION DOLLARS OF TAX10 |
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| 214 | + | CREDITS IS ALLOCATED PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION11 |
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| 215 | + | AND THE INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE12 |
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| 216 | + | MONEY, FOR THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN IN13 |
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| 217 | + | SECTION 10-22-115.14 |
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183 | | - | HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE DECEMBER 31, |
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184 | | - | 2028. |
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185 | | - | SECTION 3. Act subject to petition - effective date. This act |
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186 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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187 | | - | ninety-day period after final adjournment of the general assembly; except |
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188 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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189 | | - | of the state constitution against this act or an item, section, or part of this act |
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190 | | - | within such period, then the act, item, section, or part will not take effect |
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191 | | - | unless approved by the people at the general election to be held in |
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192 | | - | PAGE 5-SENATE BILL 22-081 November 2022 and, in such case, will take effect on the date of the official |
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193 | | - | declaration of the vote thereon by the governor. |
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194 | | - | ____________________________ ____________________________ |
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195 | | - | Steve Fenberg Alec Garnett |
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196 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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197 | | - | THE SENATE OF REPRESENTATIVES |
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198 | | - | ____________________________ ____________________________ |
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199 | | - | Cindi L. Markwell Robin Jones |
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200 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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201 | | - | THE SENATE OF REPRESENTATIVES |
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202 | | - | APPROVED________________________________________ |
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203 | | - | (Date and Time) |
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204 | | - | _________________________________________ |
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205 | | - | Jared S. Polis |
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206 | | - | GOVERNOR OF THE STATE OF COLORADO |
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207 | | - | PAGE 6-SENATE BILL 22-081 |
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| 219 | + | HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE DECEMBER15 |
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| 220 | + | 31, |
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| 221 | + | |
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| 222 | + | 2024.16 |
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| 223 | + | SECTION 3. Act subject to petition - effective date. This act17 |
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| 224 | + | takes effect at 12:01 a.m. on the day following the expiration of the18 |
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| 225 | + | ninety-day period after final adjournment of the general assembly; except19 |
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| 226 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V20 |
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| 227 | + | of the state constitution against this act or an item, section, or part of this21 |
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| 228 | + | act within such period, then the act, item, section, or part will not take22 |
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| 229 | + | effect unless approved by the people at the general election to be held in23 |
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| 230 | + | November 2022 and, in such case, will take effect on the date of the24 |
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| 231 | + | official declaration of the vote thereon by the governor.25 |
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| 232 | + | 081 |
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| 233 | + | -6- |
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