6 | | - | ONCERNING PROPERTY TAX RELIEF FOR BUSINESSES , AND, IN CONNECTION |
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7 | | - | THEREWITH |
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8 | | - | , EXPANDING AND EXTENDING THE EXEMPTION FOR |
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9 | | - | AGRICULTURAL EQUIPMENT AND MACHINERY USED IN CONTROLLED |
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10 | | - | AGRICULTURAL FACILITIES |
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11 | | - | . |
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12 | | - | |
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13 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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14 | | - | SECTION 1. In Colorado Revised Statutes, 39-1-102, amend |
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15 | | - | (1.3)(b)(II) and (1.3)(b)(III); and add (1.3)(b)(IV) as follows: |
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16 | | - | 39-1-102. Definitions. As used in articles 1 to 13 of this title 39, |
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17 | | - | unless the context otherwise requires: |
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18 | | - | (1.3) "Agricultural equipment that is used on the farm or ranch or |
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19 | | - | in a CEA facility in the production of agricultural products": |
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20 | | - | (b) Includes: |
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21 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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22 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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23 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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24 | | - | history, or the Session Laws. |
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25 | | - | ________ |
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26 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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27 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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28 | | - | the act. (II) Silviculture personal property that is designed, adapted, and |
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29 | | - | used for the planting, growing, maintenance, or harvesting of trees in a raw |
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30 | | - | or unprocessed state; and |
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31 | | - | (III) Any personal property within a facility, whether attached to a |
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32 | | - | building or not, that is capable of being removed from the facility, and is |
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33 | | - | used in direct connection with the operation of a controlled environment |
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34 | | - | agricultural facility, which facility is used solely for planting, growing, or |
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35 | | - | harvesting crops in a raw or unprocessed state; |
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36 | | - | AND |
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37 | | - | (IV) ANY PERSONAL PROPERTY WITHIN A GREENHOUSE , WHETHER |
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38 | | - | ATTACHED TO THE GREENHOUSE OR NOT |
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39 | | - | , THAT IS CAPABLE OF BEING |
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40 | | - | REMOVED FROM THE GREENHOUSE AND IS USED IN DIRECT C ONNECTION WITH |
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41 | | - | THE OPERATION OF A GREENHOUSE |
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42 | | - | , WHICH GREENHOUSE IS USED SOLELY FOR |
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43 | | - | PLANTING OR GROWING CROPS IN A RAW OR UNPROCESSED STATE |
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44 | | - | , AND THE |
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45 | | - | SOLE PURPOSE OF GROWING CROPS IN THE GREENHOUSE IS TO OBTAIN A |
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46 | | - | MONETARY PROFIT FROM THE WHOLESALE OF PLANT |
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47 | | - | -BASED FOOD FOR |
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48 | | - | HUMAN OR LIVESTOCK CONSUMPTION |
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49 | | - | . |
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50 | | - | SECTION 2. In Colorado Revised Statutes, 39-3-122, amend (2) |
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51 | | - | as follows: |
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52 | | - | 39-3-122. Agricultural equipment used in production of |
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53 | | - | agricultural products - CEA facilities - exemption - definition. (2) On |
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54 | | - | and after January 1, 2023, but prior to January 1, 2028, |
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55 | | - | agricultural |
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56 | | - | equipment that is used in any CEA facility |
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57 | | - | OR GREENHOUSE is exempt from |
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58 | | - | the levy and collection of property tax. |
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59 | | - | SECTION 3. Act subject to petition - effective date. This act |
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60 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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61 | | - | ninety-day period after final adjournment of the general assembly; except |
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62 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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63 | | - | of the state constitution against this act or an item, section, or part of this act |
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64 | | - | within such period, then the act, item, section, or part will not take effect |
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65 | | - | unless approved by the people at the general election to be held in |
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66 | | - | PAGE 2-HOUSE BILL 24B-1003 November 2026 and, in such case, will take effect on the date of the official |
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67 | | - | declaration of the vote thereon by the governor. |
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68 | | - | ____________________________ ____________________________ |
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69 | | - | Julie McCluskie Steve Fenberg |
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70 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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71 | | - | OF REPRESENTATIVES THE SENATE |
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72 | | - | ____________________________ ____________________________ |
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73 | | - | Robin Jones Cindi L. Markwell |
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74 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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75 | | - | OF REPRESENTATIVES THE SENATE |
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76 | | - | APPROVED________________________________________ |
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77 | | - | (Date and Time) |
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78 | | - | _________________________________________ |
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79 | | - | Jared S. Polis |
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80 | | - | GOVERNOR OF THE STATE OF COLORADO |
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81 | | - | PAGE 3-HOUSE BILL 24B-1003 |
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| 13 | + | ONCERNING PROPERTY TAX RELIEF FOR BUSINESSES , AND, IN101 |
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| 14 | + | CONNECTION THEREWITH , EXPANDING AND EXTENDING THE102 |
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| 15 | + | EXEMPTION FOR AGRICULTURAL EQUIPMENT AND MACHINERY103 |
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| 16 | + | USED IN CONTROLLED AG RICULTURAL FACILITIES .104 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The bill clarifies certain definitions and modifies the personal |
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| 25 | + | property tax exemption for agricultural equipment to expand |
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| 26 | + | opportunities for tax relief for certain business personal property. |
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| 27 | + | HOUSE |
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| 28 | + | 3rd Reading Unamended |
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| 29 | + | August 28, 2024 |
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| 30 | + | HOUSE |
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| 31 | + | Amended 2nd Reading |
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| 32 | + | August 27, 2024 |
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| 33 | + | HOUSE SPONSORSHIP |
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| 34 | + | Soper and Joseph, Bacon, Clifford, English, Mauro, McCluskie, McCormick, McLachlan, |
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| 35 | + | Snyder, Titone |
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| 36 | + | SENATE SPONSORSHIP |
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| 37 | + | Priola and Baisley, |
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| 38 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 39 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 40 | + | Dashes through the words or numbers indicate deletions from existing law. Section 1 of the bill clarifies that personal property used in direct |
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| 41 | + | connection with the operation of a greenhouse is included in the |
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| 42 | + | definition of agricultural equipment used in a controlled environment |
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| 43 | + | agricultural (CEA) facility and is thus exempt pursuant to the exemption |
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| 44 | + | for such agricultural equipment, which is permanently extended beyond |
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| 45 | + | its current expiration after the 2029 property tax year in section 2. |
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| 46 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 47 | + | SECTION 1. In Colorado Revised Statutes, 39-1-102, amend2 |
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| 48 | + | (1.3)(b)(II) and (1.3)(b)(III); and add (1.3)(b)(IV) as follows:3 |
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| 49 | + | 39-1-102. Definitions. As used in articles 1 to 13 of this title 39,4 |
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| 50 | + | unless the context otherwise requires:5 |
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| 51 | + | (1.3) "Agricultural equipment that is used on the farm or ranch or6 |
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| 52 | + | in a CEA facility in the production of agricultural products":7 |
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| 53 | + | (b) Includes:8 |
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| 54 | + | (II) Silviculture personal property that is designed, adapted, and9 |
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| 55 | + | used for the planting, growing, maintenance, or harvesting of trees in a10 |
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| 56 | + | raw or unprocessed state; and |
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| 57 | + | 11 |
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| 58 | + | (III) Any personal property within a facility, whether attached to12 |
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| 59 | + | a building or not, that is capable of being removed from the facility, and13 |
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| 60 | + | is used in direct connection with the operation of a controlled14 |
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| 61 | + | environment agricultural facility, which facility is used solely for15 |
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| 62 | + | planting, growing, or harvesting crops in a raw or unprocessed state; |
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| 63 | + | AND16 |
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| 64 | + | (IV) A |
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| 65 | + | NY PERSONAL PROPERTY WITHIN A GREENHOUSE , WHETHER17 |
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| 66 | + | ATTACHED TO THE GREENHOUSE OR NOT , THAT IS CAPABLE OF BEING18 |
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| 67 | + | REMOVED FROM THE GREENHOUSE AND IS USED IN DIRECT CONNECTION19 |
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| 68 | + | WITH THE OPERATION OF A GREENHOUSE , WHICH GREENHOUSE IS USED20 |
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| 69 | + | SOLELY FOR PLANTING OR GROWING CROPS IN A RAW OR UNPROCESSED21 |
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| 70 | + | STATE, AND THE SOLE PURPOSE OF GROWING CROPS IN THE GREENHOUSE22 |
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| 71 | + | 1003-2- IS TO OBTAIN A MONETARY PROFIT FROM THE WHOLESALE OF1 |
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| 72 | + | PLANT-BASED FOOD FOR HUMAN OR LIVESTOCK CONSUMPTION .2 |
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| 73 | + | SECTION 2. In Colorado Revised Statutes, 39-3-122, amend (2)3 |
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| 74 | + | as follows:4 |
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| 75 | + | 39-3-122. Agricultural equipment used in production of5 |
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| 76 | + | agricultural products - CEA facilities - exemption - definition. (2) On6 |
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| 77 | + | and after January 1, 2023, but prior to January 1, 2028, agricultural7 |
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| 78 | + | equipment that is used in any CEA facility OR GREENHOUSE is exempt8 |
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| 79 | + | from the levy and collection of property tax.9 |
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| 80 | + | 10 |
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| 81 | + | SECTION 3. Act subject to petition - effective date. This act11 |
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| 82 | + | takes effect at 12:01 a.m. on the day following the expiration of the12 |
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| 83 | + | ninety-day period after final adjournment of the general assembly; except13 |
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| 84 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V14 |
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| 85 | + | of the state constitution against this act or an item, section, or part of this15 |
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| 86 | + | act within such period, then the act, item, section, or part will not take16 |
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| 87 | + | effect unless approved by the people at the general election to be held in17 |
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| 88 | + | November 2026 and, in such case, will take effect on the date of the18 |
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| 89 | + | official declaration of the vote thereon by the governor.19 |
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| 90 | + | 1003 |
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| 91 | + | -3- |
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