Colorado 2023 Regular Session

Colorado House Bill HB1004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0544.01 Christy Chase x2008
1	8		HOUSE BILL 23-1004
2		-	BY REPRESENTATIVE(S) Velasco, Amabile, Bacon, Boesenecker,
3		-	deGruy Kennedy, Dickson, Duran, English, Epps, Frizell, Froelich, Garcia,
4		-	Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
5		-	Lindstedt, Lukens, Mabrey, Marshall, Martinez, McCormick, McLachlan,
6		-	Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Titone, Valdez, Vigil,
7		-	Weissman, Willford, Woodrow, Young, McCluskie, Brown,
8		-	Michaelson Jenet;
9		-	also SENATOR(S) Gonzales, Buckner, Cutter, Danielson, Exum, Fields,
10		-	Hansen, Hinrichsen, Jaquez Lewis, Marchman, Moreno, Priola, Rodriguez,
11		-	Sullivan, Winter F., Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
12	12		C
13		-	ONCERNING REQUIREMENTS REGARDING THE LANGUAGE USED IN CERTAIN
14		-	INSURANCE DOCUMENTS
15		-	.
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 10-1-136, amend (3);
18		-	and add (4) as follows:
19		-	10-1-136. Insurance policies - language other than English -
20		-	definition. (3) (a) A non-English-language policy delivered or issued for
	13	+	ONCERNING REQUIREMENTS REG ARDING THE LANGUAGE USED IN101
	14	+	CERTAIN INSURANCE DOCUMENTS .102
	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	+	Current law allows insurance policies to be translated to and issued
	23	+	in a language other than English if the insurer certifies that the
	24	+	English-language policy that is translated complies with state insurance
	25	+	laws. Section 1 of the bill requires the insurer to also certify that the
	26	+	policy has been correctly translated by a certified translator or, if a
	27	+	certified translator is not available to translate the policy to the particular
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 9, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 7, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	January 31, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	January 30, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Velasco, , Amabile, Bacon, Boesenecker, deGruy Kennedy, Dickson, Duran, English,
	42	+	Epps, Frizell, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp,
	43	+	Lieder, Lindsay, Lindstedt, Lukens, Mabrey, Marshall, Martinez, McCluskie, McCormick,
	44	+	McLachlan, Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Titone, Valdez, Vigil, Weissman,
	45	+	Willford, Woodrow, Young
	46	+	SENATE SPONSORSHIP
	47	+	Gonzales, Buckner, Cutter, Danielson, Exum, Fenberg, Fields, Hansen, Hinrichsen, Jaquez
	48	+	Lewis, Marchman, Moreno, Priola, Rodriguez, Sullivan, Winter F., Zenzinger
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. language, by a professional translator who certifies that the translation is
	52	+	correct.
	53	+	Section 2 requires insurers that issue commercial or personal
	54	+	automobile, homeowners', or renters' insurance policies to offer, make
	55	+	available, and issue the policy application, the policy, and related
	56	+	documents and forms in the same language that the insurer used in
	57	+	advertisements for the policy and to offer an applicant a form to select the
	58	+	applicant's language of choice for those documents. Section 2 also
	59	+	specifies remedies for an insurer's failure to comply with this
	60	+	requirement.
	61	+	Be it enacted by the General Assembly of the State of Colorado:1
	62	+	SECTION 1. In Colorado Revised Statutes, 10-1-136, amend (3);2
	63	+	and add (4) as follows:3
	64	+	10-1-136. Insurance policies - language other than English -4
	65	+	definition. (3) (a) A non-English-language policy delivered or issued for5
21	66		delivery in this state is deemed to be in compliance
22		-	COMPLY with articles 4
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. and 16 of this title TITLE 10 if the insurer certifies that the policy is
31		-	translated:
32		-	(I) From an English-language policy that is in compliance COMPLIES
33		-	with this title TITLE 10;
	67	+	COMPLY with articles6
	68	+	4 and 16 of this title TITLE 10 if the insurer certifies that the policy is7
	69	+	translated:8
	70	+	(I) From an English-language policy that is in compliance9
	71	+	COMPLIES with this title TITLE 10;10
34	72		(II) C
35		-	ORRECTLY; AND
36		-	(III) BY A CERTIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE
37		-	POLICY IS CORRECTLY TRANSLATED OR
38		-	, IF A CERTIFIED TRANSLATOR IS NOT
39		-	AVAILABLE TO TRANSLATE THE POLICY FROM
40		-	ENGLISH INTO A LANGUAGE
41		-	FOR WHICH THE
42		-	AMERICAN TRANSLATORS ASSOCIATION CERTIFIES
43		-	TRANSLATORS
44		-	, BY A QUALIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE
45		-	POLICY IS CORRECTLY TRANSLATED
46		-	.
47		-	(b) An insurer shall maintain copies of all translated policies,
48		-	endorsements, riders, and any explanatory or advertising materials and
49		-	make them available for review by the commissioner upon request.
50		-	(4) A
51		-	S USED IN THIS SECTION:
	73	+	ORRECTLY; AND11
	74	+	(III) B
	75	+	Y A CERTIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE12
	76	+	POLICY IS CORRECTLY TRANSLATED OR , IF A CERTIFIED TRANSLATOR IS13
	77	+	NOT AVAILABLE TO TRANSLATE THE POLICY FROM ENGLISH INTO A14
	78	+	LANGUAGE FOR WHICH THE AMERICAN TRANSLATORS ASSOCIATION15
	79	+	CERTIFIES TRANSLATORS, BY A
	80	+	QUALIFIED TRANSLATOR WHO HAS16
	81	+	CERTIFIED THAT THE POLICY IS CORRECTLY TRANSLATED .17
	82	+	(b) An insurer shall maintain copies of all translated policies,18
	83	+	endorsements, riders, and any explanatory or advertising materials and19
	84	+	make them available for review by the commissioner upon request.20
	85	+	1004-2- (4) AS USED IN THIS SECTION:1
52	86		(a) "A
53		-	MERICAN TRANSLATORS ASSOCIATION" MEANS THE NATIONAL,
54		-	NONPROFIT PROFESSIONAL ASSOCIATION , OR ITS SUCCESSOR ORGANIZATION,
55		-	THAT OFFERS CERTIFICATION FOR TRANSLATORS .
	87	+	MERICAN TRANSLATORS ASSOCIATION" MEANS
	88	+	THE2
	89	+	NATIONAL, NONPROFIT PROFESSIONAL ASSOCIATION , OR ITS SUCCESSOR3
	90	+	ORGANIZATION, THAT OFFERS CERTIFICATION FOR TRANSLATORS .4
56	91		(b) "C
57		-	ERTIFIED TRANSLATOR" MEANS AN INDIVIDUAL WHO IS
58		-	CERTIFIED AS A TRANSLATOR BY THE
59		-	~~AMERICAN TRANSLATORS~~
60		-	~~ASSOCIATION~~.
61		-	SECTION 2. In Colorado Revised Statutes, add 10-3-1119 as
62		-	follows:
63		-	10-3-1119. Policy documents - language consistent ~~with~~
	92	+	ERTIFIED TRANSLATOR" MEANS AN INDIVIDUAL WHO IS5
	93	+	CERTIFIED AS A TRANSLATOR BY THE AMERICAN TRANSLATORS6
	94	+	A
	95	+	SSOCIATION.7
	96	+	SECTION 2. In Colorado Revised Statutes, add 10-3-1119 as8
	97	+	follows:9
	98	+	10-3-1119. Policy documents - language consistent with10
64	99		advertisement for product - definitions. (1) A
65		-	N INSURER SHALL OFFER,
66		-	MAKE AVAILABLE, AND ISSUE, AS APPLICABLE, THE FOLLOWING WRITTEN OR
67		-	~~ELECTRONIC DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN~~
68		-	~~INSURANCE POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN ANY~~
69		-	~~ADVERTISEMENT~~ IN ~~THIS STATE FOR~~ THE ~~INSURANCE POLICY~~
70		-	:
	100	+	N INSURER SHALL OFFER,11
	101	+	MAKE AVAILABLE, AND ISSUE, AS APPLICABLE, THE FOLLOWING WRITTEN
	102	+	12
	103	+	OR ELECTRONIC DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN13
	104	+	INSURANCE POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN14
	105	+	ANY ADVERTISEMENT IN THIS STATE FOR THE INSURANCE POLICY :15
71	106		(a) T
72		-	HE APPLICATION OR INTERFACE THE APPLICANT USES TO APPLY
73		-	PAGE 2-HOUSE BILL 23-1004 FOR, PURCHASE, OR RECEIVE A QUOTE FOR AN INSURANCE POLICY ;
	107	+	HE APPLICATION OR INTERFACE THE APPLICANT USES TO
	108	+	16
	109	+	APPLY FOR, PURCHASE, OR RECEIVE A QUOTE FOR AN INSURANCE POLICY;17
74	110		(b) A
75	111		NY WRITTEN COVERAGE FORMS , INCLUDING REJECTIONS OR
76		-	EXCLUSIONS
77		-	; AND
78		-	(c) THE INSURANCE POLICY , POLICY DECLARATIONS PAGE ,
79		-	EXPLANATIONS OF BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED
80		-	DOCUMENTS
81		-	.
82		-	(2) (a) I
83		-	F AN INSURER THAT ISSUES INSURANCE POLICIES IN THIS
84		-	STATE ADVERTISES
85		-	, OFFERS, MAKES AVAILABLE, OR ISSUES INSURANCE
86		-	POLICIES IN A LANGUAGE OTHER THAN
87		-	ENGLISH, THE INSURER SHALL:
88		-	(I) O
89		-	FFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE POLICY
90		-	A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE DOCUMENTS
91		-	SPECIFIED IN SUBSECTION
92		-	(1) OF THIS SECTION; AND
93		-	(II) PROVIDE THE OFFER AND THE FORM IN EVERY LANGUAGE IN
94		-	WHICH THE INSURER ADVERTISES
95		-	, OFFERS, MAKES AVAILABLE, OR ISSUES ITS
96		-	INSURANCE POLICIES
97		-	.
98		-	(b) F
99		-	OR NEW INSURANCE POLICIES, THE INSURER SHALL OFFER THE
100		-	FORM TO THE APPLICANT AT THE TIME OF APPLICATION FOR THE POLICY
101		-	. FOR
102		-	RENEWAL INSURANCE POLICIES
103		-	, THE INSURER SHALL OFFER THE FORM ONCE,
104		-	AT THE FIRST RENEWAL OF THE POLICY THAT ARISES ON OR AFTER JANUARY
105		-	1, 2024; EXCEPT THAT, IF THE INSURER PREVIOUSLY OFFERED THE FORM TO
106		-	THE INSURED AT THE TIME OF APPLICATION FOR A NEW INSURANCE POLICY
107		-	,
108		-	THE INSURER IS NOT REQUIRED TO OFFER THE FORM AT THE TIME OF
109		-	RENEWAL OF THAT POLICY
110		-	.
111		-	(c) I
112		-	F THE APPLICANT FOR A NEW OR RENEWAL POLICY RETURNS THE
113		-	FORM TO THE INSURER INDICATING A LANGUAGE SELECTION
114		-	, THE INSURER
115		-	SHALL PROVIDE THE DOCUMENTS SPECIFIED IN SUBSECTION
116		-	(1) OF THIS
117		-	SECTION IN THE LANGUAGE THE APPLICANT SELECTS
118		-	. IF THE APPLICANT DOES
119		-	NOT RETURN THE FORM TO THE INSURER WITHIN SIXTY DAYS AFTER
120		-	RECEIVING THE FORM
121		-	, THE INSURER MAY PROVIDE THE DOCUMENTS
122		-	SPECIFIED IN SUBSECTION
123		-	(1) OF THIS SECTION IN ENGLISH.
124		-	(3) C
125		-	ONSISTENT WITH SECTION 10-1-136 (2), IN THE EVENT OF A
126		-	DISPUTE OR COMPLAINT REGARDING AN INSURANCE POLICY
127		-	, ANY RELATED
128		-	PAGE 3-HOUSE BILL 23-1004 DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, OR THE
129		-	ADVERTISEMENT FOR AN INSURANCE POLICY
130		-	, THE ENGLISH-LANGUAGE
131		-	VERSION OF THE INSURANCE POLICY OR RELATED DOCUMENTS CONTROLS
132		-	THE RESOLUTION OF THE DISPUTE OR COMPLAINT
133		-	.
134		-	(4) (a) I
135		-	F AN INSURER FAILS TO COMPLY WITH THE REQUIREMENTS OF
136		-	THIS SECTION
137		-	, ANY WRITTEN COVERAGE REJECTIONS OR EXCLUSIONS
138		-	RESULTING FROM THE INSURER
139		-	'S FAILURE TO COMPLY WITH THIS SECTION
140		-	ARE VOIDABLE AT THE INSURED
141		-	'S ELECTION. IF THE INSURED ELECTS TO VOID
142		-	THE COVERAGE REJECTION OR EXCLUSION
143		-	:
	112	+	18
	113	+	EXCLUSIONS; AND 19
	114	+	(c) T
	115	+	HE INSURANCE POLICY , POLICY DECLARATIONS PAGE ,
	116	+	20
	117	+	EXPLANATIONS OF BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED21
	118	+	DOCUMENTS.22
	119	+	(2) (a) IF AN INSURER THAT ISSUES INSURANCE POLICIES IN THIS23
	120	+	STATE ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES INSURANCE24
	121	+	POLICIES IN A LANGUAGE OTHER THAN ENGLISH, THE INSURER SHALL:25
	122	+	(I) OFFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE26
	123	+	POLICY A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE27
	124	+	1004
	125	+	-3- DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION; AND1
	126	+	(II) PROVIDE THE OFFER AND THE FORM IN EVERY LANGUAGE IN2
	127	+	WHICH THE INSURER ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES3
	128	+	ITS INSURANCE POLICIES. 4
	129	+	(b) FOR NEW INSURANCE POLICIES, THE INSURER SHALL OFFER THE5
	130	+	FORM TO THE APPLICANT AT THE TIME OF APPLICATION FOR THE POLICY.6
	131	+	FOR RENEWAL INSURANCE POLICIES, THE INSURER SHALL OFFER THE FORM7
	132	+	ONCE, AT THE FIRST RENEWAL OF THE POLICY THAT ARISES ON OR AFTER8
	133	+	JANUARY 1, 2024; EXCEPT THAT, IF THE INSURER PREVIOUSLY OFFERED9
	134	+	THE FORM TO THE INSURED AT THE TIME OF APPLICATION FOR A NEW10
	135	+	INSURANCE POLICY, THE INSURER IS NOT REQUIRED TO OFFER THE FORM AT11
	136	+	THE TIME OF RENEWAL OF THAT POLICY .12
	137	+	(c) IF THE APPLICANT FOR A NEW OR RENEWAL POLICY RETURNS13
	138	+	THE FORM TO THE INSURER INDICATING A LANGUAGE SELECTION , THE14
	139	+	INSURER SHALL PROVIDE THE DOCUMENTS SPECIFIED IN SUBSECTION (1) OF15
	140	+	THIS SECTION IN THE LANGUAGE THE APPLICANT SELECTS. IF THE16
	141	+	APPLICANT DOES NOT RETURN THE FORM TO THE INSURER WITHIN SIXTY17
	142	+	DAYS AFTER RECEIVING THE FORM, THE INSURER MAY PROVIDE THE18
	143	+	DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION IN ENGLISH.19
	144	+	(3) CONSISTENT WITH SECTION 10-1-136 (2), IN THE EVENT OF A20
	145	+	DISPUTE OR COMPLAINT REGARDING AN INSURANCE POLICY , ANY RELATED21
	146	+	DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, OR THE22
	147	+	ADVERTISEMENT FOR AN INSURANCE POLICY, THE ENGLISH-LANGUAGE23
	148	+	VERSION OF THE INSURANCE POLICY OR RELATED DOCUMENTS CONTROLS24
	149	+	THE RESOLUTION OF THE DISPUTE OR COMPLAINT .25
	150	+	(4) (a) IF AN INSURER FAILS TO COMPLY WITH THE26
	151	+	REQUIREMENTS OF THIS SECTION, ANY WRITTEN COVERAGE REJECTIONS OR27
	152	+	1004
	153	+	-4- EXCLUSIONS RESULTING FROM THE INSURER 'S FAILURE TO COMPLY WITH1
	154	+	THIS SECTION ARE VOIDABLE AT THE INSURED'S ELECTION. IF THE INSURED2
	155	+	ELECTS TO VOID THE COVERAGE REJECTION OR EXCLUSION :3
144	156		(I) T
145	157		HE INSURED MAY RECOVER REASONABLE ATTORNEY FEES AND
146		-	COURT COSTS INCURRED IN REINSTATING OR REWRITING THE COVERAGE
147		-	; AND
148		-	(II) THE INSURER SHALL NOT REQUIRE THE INSURED TO PAY ANY
149		-	PREMIUM DURING THE POLICY PERIOD APPLICABLE FOR THE REINSTATED OR
150		-	REWRITTEN COVERAGE
151		-	.
	158	+	4
	159	+	COURT COSTS INCURRED IN REINSTATING OR REWRITING THE COVERAGE ;5
	160	+	AND6
	161	+	(II) T
	162	+	HE INSURER SHALL NOT REQUIRE THE INSURED TO PAY ANY
	163	+	7
	164	+	PREMIUM DURING THE POLICY PERIOD APPLICABLE FOR THE REINSTATED8
	165	+	OR REWRITTEN COVERAGE .9
152	166		(b) I
153	167		F THE INSURED DOES NOT REJECT COVERAGE IN FUTURE POLICY
154		-	PERIODS
155		-	, THE INSURER MAY CHARGE A PREMIUM FOR THE COVERAGE IN
156		-	FUTURE POLICY PERIODS
157		-	.
	168	+	10
	169	+	PERIODS, THE INSURER MAY CHARGE A PREMIUM FOR THE COVERAGE IN11
	170	+	FUTURE POLICY PERIODS.12
158	171		(c) A
159		-	PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC
160		-	ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER
161		-	THIS SECTION
162		-	.
163		-	(5) A
164		-	S USED IN THIS SECTION:
	172	+	PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC13
	173	+	ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER14
	174	+	THIS SECTION.15(5) AS USED IN THIS SECTION:16
165	175		(a) "A
166		-	DVERTISEMENT" MEANS ANY MATERIAL DESIGNED ~~TO CREATE~~
167		-	PUBLIC INTEREST IN A PRODUCT OR TO ~~INDUCE~~ THE PUBLIC ~~TO PURCHASE~~
168		-	,
169		-	~~INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN~~ INSURANCE POLICY.
	176	+	DVERTISEMENT" MEANS ANY MATERIAL DESIGNED TO17
	177	+	CREATE PUBLIC INTEREST IN A PRODUCT OR TO I NDUCE THE PUBLIC TO18
	178	+	PURCHASE, INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN19
	179	+	INSURANCE POLICY.20
170	180		(b) "I
171		-	NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,
172		-	PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF
173		-	INSURANCE
174		-	.
175		-	SECTION 3. Act subject to petition - effective date. This act
176		-	takes effect January 1, 2024; except that, if a referendum petition is filed
177		-	pursuant to section 1 (3) of article V of the state constitution against this act
178		-	or an item, section, or part of this act within the ninety-day period after final
179		-	PAGE 4-HOUSE BILL 23-1004 adjournment of the general assembly, then the act, item, section, or part will
180		-	not take effect unless approved by the people at the general election to be
181		-	held in November 2024 and, in such case, will take effect on the date of the
182		-	official declaration of the vote thereon by the governor.
183		-	____________________________ ____________________________
184		-	Julie McCluskie Steve Fenberg
185		-	SPEAKER OF THE HOUSE PRESIDENT OF
186		-	OF REPRESENTATIVES THE SENATE
187		-	____________________________ ____________________________
188		-	Robin Jones Cindi L. Markwell
189		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
190		-	OF REPRESENTATIVES THE SENATE
191		-	APPROVED________________________________________
192		-	(Date and Time)
193		-	_________________________________________
194		-	Jared S. Polis
195		-	GOVERNOR OF THE STATE OF COLORADO
196		-	PAGE 5-HOUSE BILL 23-1004
	181	+	NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,21
	182	+	PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF22
	183	+	INSURANCE.23
	184	+	SECTION 3. Act subject to petition - effective date. This act24
	185	+	takes effect January 1, 2024; except that, if a referendum petition is filed25
	186	+	pursuant to section 1 (3) of article V of the state constitution against this26
	187	+	act or an item, section, or part of this act within the ninety-day period27
	188	+	1004
	189	+	-5- after final adjournment of the general assembly, then the act, item,1
	190	+	section, or part will not take effect unless approved by the people at the2
	191	+	general election to be held in November 2024 and, in such case, will take3
	192	+	effect on the date of the official declaration of the vote thereon by the4
	193	+	governor.5
	194	+	1004
	195	+	-6-