Colorado 2025 Regular Session

Colorado House Bill HB1001 Latest Draft

Bill / Engrossed Version Filed 04/02/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0015.02 Yelana Love x2295
HOUSE BILL 25-1001
House Committees Senate Committees
Business Affairs & Labor
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ENFORCEMENT OF WAGE AND HOUR 
LAWS, AND, IN101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill amends the definition of "employer" for
purposes of wage and hour laws to include an individual who owns or
controls at least 25% of the ownership interest in an employer.
Section 2 prohibits an employer from making a payroll deduction
below a worker's applicable minimum wage.
Section 3 allows the director of the division of labor standards and
HOUSE
3rd Reading Unamended
April 2, 2025
HOUSE
Amended 2nd Reading
April 1, 2025
HOUSE SPONSORSHIP
Duran and Froelich, Bacon, Boesenecker, Clifford, English, Garcia, Hamrick, Lieder,
Mabrey, Martinez, Mauro, Rutinel, Sirota, Titone, Velasco, Willford, Zokaie, Bird, Brown,
Espenoza, Jackson, Joseph, Lindsay, Lindstedt, McCormick, Phillips, Rydin, Smith, Story
SENATE SPONSORSHIP
Danielson and Kolker, Bridges, Cutter, Gonzales J., Hinrichsen, Kipp, Marchman,
Michaelson Jenet, Sullivan, Weissman, Winter F.
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. statistics (division) to waive the penalty for an employer's failure to pay
claimed wages or compensation within 14 days after a written demand if
certain specified conditions are met.
Section 4 repeals language allowing a court to award an employer
reasonable costs and attorney fees in a civil action for unpaid wages or
compensation in certain circumstances. In such an action, the court may
pursue all equitable relief to deter future violations and prevent unjust
enrichment.
Current law limits the ability of the director of the division to
adjudicate claims for nonpayment of wages or compensation to $7,500 or
less. Section 5 increases this threshold over the years by increasing the
amount to $13,000 for claims filed from July 1, 2026, through December
31, 2027, and in an amount specified by the director of the division to
adjust for inflation beginning January 1, 2028. Section 5 also requires the
division, in adjudicating wage claims, to determine whether a violation
is willful. For each violation:
! The director shall publish on the division's website the
names of all employers found to be in violation and
whether the violation was willful; and
! If the violation is not remedied within 60 days after the
division's finding that there was a violation, the division
must notify all government bodies with the authority to
deny, withdraw, or otherwise limit or impose remedial
conditions on the employer's license, permit, registration,
or other credential.
Additionally, the division may report an employer found to have
violated a law related to wages and hours to any government body with
authority to deny, withdraw, or otherwise limit or impose remedial
conditions on a license, permit, registration, or other credential that the
violating employer has or may seek. Section 5 also repeals language
requiring the division to issue a determination on a wage complaint
within 90 days.
Section 6 requires an employer found to have misclassified an
employee as a nonemployee to pay a fine in the following amounts, in
addition to any other relief ordered:
! For a willful violation, $5,000;
! For a violation not remedied within 60 days after the
division's finding, $10,000;
! For a second or subsequent willful violation within 5 years,
$25,000; or
! For a second or subsequent willful violation not remedied
within 60 days after the division's finding, $50,000.
The director of the division must adjust these fine amounts for
inflation by January 1, 2028, and every other year thereafter.
Section 6 also decreases the amount of time the division must wait
1001
-2- before paying an employee out of the wage theft enforcement fund from
6 months to 120 days.
Current law prohibits an employer from discriminating or
retaliating against an employee for taking protection under wage and hour
laws or the law related to the employment of minors. Section 7 expands
this provision to specify additional protected behavior and expands the
prohibition to include other persons in addition to employers.
Section 7 also:
! Requires a fact finder to consider the time between an
individual's exercise of a protected activity and an
employer's adverse action when determining whether an
employer has retaliated against the employee or worker;
! Specifies that any effort to use an individual's immigration
status to negatively impact the wage and hour law rights,
responsibilities, or proceedings of any employee or worker
is an unlawful act of intimidation, threatening, coercion,
discrimination, and retaliation; and
! Allows the division to order reasonable attorney fees and
costs after investigating a discrimination or retaliation
claim.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-4-101, amend (6)2
as follows:3
8-4-101.  Definitions. As used in this article 4, unless the context4
otherwise requires:5
(6)  "Employer" has the same meaning as set forth in the federal6
"Fair Labor Standards Act of 1938", 29 U.S.C. sec. 203 (d), and includes7
a foreign labor contractor, and
 a migratory field labor contractor or crew8
leader, 
AND EACH INDIVIDUAL WHO OWNS OR CONTROLS AT LEAST9
TWENTY-FIVE PERCENT OF THE OWNERSHIP INTERESTS IN AN EMPLOYER ;10
except that the provisions of
 this article 4 do DOES not apply to A11
MINORITY OWNER OF AN EMPLOYER THAT DEMONSTRATES FULL12
DELEGATION OF ITS AUTHORITY TO CONTROL DAY -TO-DAY OPERATIONS OF13
THE EMPLOYER; the state or its agencies or entities; counties; cities and14
1001-3- counties; municipal corporations; quasi-municipal corporations; school1
districts; and irrigation, reservoir, or drainage conservation companies or2
districts organized and existing under the laws of Colorado.3
SECTION 2. In Colorado Revised Statutes, 8-4-105, amend (2)4
as follows:5
8-4-105.  Payroll deductions permitted - notice required.6
(2)  Nothing in this section authorizes a deduction below the 
APPLICABLE7
minimum wage. applicable under the "Fair Labor Standards Act of 1938",
8
29 U.S.C. sec. 201 et seq.9
SECTION 3. In Colorado Revised Statutes, 8-4-109, amend10
(3)(b) introductory portion; and add (3.5) as follows:11
8-4-109.  Termination of employment - payments required -12
civil penalties - payments to surviving spouse or heir. (3) (b)  On or13
after January 1, 2023 EXCEPT AS PROVIDED IN SUBSECTION (3.5) OF THIS14
SECTION, if an employer fails or refuses to pay, in the manner specified15
in subsection (3)(d) of this section, all earned, vested, and determinable16
wages or compensation within fourteen days after the A written demand17
is sent or within fourteen days after a civil action or administrative claim18
for the wages or compensation is sent to or served on the employer, the19
employer is liable to the employee or group of similarly situated20
employees for the amount of the earned, vested, determinable, and unpaid21
wages or compensation plus an automatic penalty of:22
(3.5)  T
HE DIRECTOR MAY WAIVE THE PENALTY SPECIFIED IN23
SUBSECTION (3)(b) OF THIS SECTION FOR AN EMPLOYER'S FAILURE TO PAY24
CLAIMED WAGES OR COMPENSATION WITHIN FOURTEEN DAYS AFTER A25
WRITTEN DEMAND IF THE EMPLOYER PAYS ALL CLAIMED WAGES OR26
COMPENSATION WITHIN FOURTEEN DAYS AFTER AN ADMINISTRATIVE27
1001
-4- CLAIM FOR THE SAME WAGES OR COMPENSATION IS SENT TO OR SERVED ON1
THE EMPLOYER. THE DIRECTOR SHALL NOT WAIVE THE PENALTY IF THE2
ALLEGED VIOLATION IS A SECOND OR SUBSEQUENT FAILURE OR REFUSAL3
TO PAY AN EMPLOYEE'S WAGES OR COMPENSATION WITHIN FIVE YEARS .4
SECTION 4. In Colorado Revised Statutes, 8-4-110, amend5
(1)(a) introductory portion, (1)(a)(II), and (2) as follows:6
8-4-110. Disputes - fees. (1) (a) The court may award the7
employer reasonable costs and attorney fees incurred in a civil action8
BROUGHT UNDER THIS ARTICLE 4 if, within fourteen days after a written9
demand letter is sent to or a civil action is served on the employer for10
unpaid wages or compensation:11
(II) The employees receiving such tender ultimately fail to recover12
a total sum that is greater than the amount the employer tendered THE13
COURT ULTIMATELY FINDS THAT THE EMPLOYEES RECEIVING SUCH TENDER14
PURSUED AN ACTION LACKING SUBSTANTIAL JUSTIFICATION .15
(2)  Any IN ADDITION TO OTHER RELIEF AVAILABLE TO EMPLOYEES16
UNDER THIS TITLE 8, A person claiming to be aggrieved by A violation of17
any provisions of this article or regulations prescribed pursuant to this18
article THIS ARTICLE 4 OR ANY OTHER LAW OR RULE RELATED TO WAGES19
OR HOURS may file suit in any court having jurisdiction over the parties20
TO PURSUE ALL AVAILABLE EQUITABLE RELIEF , INCLUDING EQUITABLE21
RELIEF TO DETER FUTURE VIOLATIONS AND PREVENT UNJUST ENRICHMENT ,22
without regard to exhaustion of any administrative remedies.23
SECTION 5. In Colorado Revised Statutes, 8-4-111, amend24
(1)(a)(II), (2)(a)(I) introductory portion, and (8); repeal (2)(a)(III); and25
add (1)(a.5) and (9) as follows:26
8-4-111.  Enforcement - duty of director - duties of district or27
1001
-5- city attorneys - local government authority to enact and enforce laws1
- rules. (1) (a) (II)  The director may establish an administrative2
procedure to receive complaints and adjudicate claims for nonpayment of3
wages or compensation of:4
(A)  Seven thousand five hundred dollars or less 
FOR CLAIMS FILED5
THROUGH JUNE 30, 2026;6
(B)  T
HIRTEEN THOUSAND DOLLARS OR LESS FOR CLAIMS FILED7
FROM JULY 1, 2026, THROUGH DECEMBER 31, 2027; AND8
(C)  A
N AMOUNT THAT THE DIRECTOR SPECIFIES IN RULE BY9
J
ANUARY 1, 2028, AND BY RULE FOR EVERY OTHER YEAR THEREAFTER .10
S
UCH AMOUNT MUST BE EQUAL TO THE AMOUNT IN THE PREVIOUS11
CALENDAR YEAR INCREASED BY ONE T HOUSAND DOLLARS OR A HIGHER12
AMOUNT IF SUCH HIGHER AM OUNT IS NECESSARY TO ADJUST FOR13
INFLATION. INFLATION IS MEASURED BY THE ANNUAL PERCENTAGE14
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF15
LABOR STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX, FOR16
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN17
CONSUMERS.18
(a.5)  I
N CARRYING OUT THE DUTIES SPECIFIED IN SUBSECTION19
(1)(a)(I) 
OF THIS SECTION, THE DIRECTOR:20
(I)  S
HALL PUBLISH ON THE DIVISION 'S WEBSITE, FOR ANY21
VIOLATION THAT IS A MATTER OF PUBLIC RECORD PURSUANT TO SECTION22
8-1-115 (1)(b), 
THE CITATION, DETERMINATION, OR WRITTEN OPINION;23
WHETHER THE VIOLATION WAS WILLFUL ; AND THE NAMES OF ALL24
EMPLOYERS IN VIOLATION;25
(II)  S
HALL REPORT AN EMPLOYER WITH A WILLFUL VIOLATION26
UNREMEDIED WITHIN SIXTY DAYS AFTER THE DIVISION 'S FINDING TO ANY27
1001
-6- GOVERNMENT B ODY WITH AUTHORITY TO DENY	, WITHDRAW, OR1
OTHERWISE LIMIT OR IMPOSE REMEDIAL CONDITIONS ON THE EMPLOYER 'S2
LICENSE, PERMIT, REGISTRATION, OR OTHER CREDENTIAL. THE DIVISION3
MAY POST A DECISION AGAINST AN EMPLOYER BY A GOVERNMENT BODY4
ON THE DIVISION'S WEBSITE.5
(III)  M
AY REPORT AN EMPLOYER FOUND TO HAVE VIOLATED A LAW6
RELATED TO WAGES AND HOURS TO A GOVERNMENT BODY WITH7
AUTHORITY TO DENY , WITHDRAW, OR OTHERWISE LIMIT OR IMPOSE8
REMEDIAL CONDITIONS ON THE EMPLOYER 'S LICENSE, PERMIT,9
REGISTRATION, OR OTHER CREDENTIAL . THE DIVISION MAY POST A10
DECISION AGAINST AN EMPLOYER BY A GOVERNMENT BODY ON THE11
DIVISION'S WEBSITE.12
(2) (a) (I)  T
HE DIVISION SHALL INVESTIGATE A WAGE COMPLAINT13
if one or more employees file a
 THE wage complaint with the division14
claiming unpaid wages or compensation, 
EXCLUSIVE OF PENALTIES AND15
FINES, of seven thousand five hundred dollars or less per employee16
exclusive of penalties and fines, the division shall investigate the wage
17
complaint FOR CLAIMS FILED THROUGH JUNE 30, 2026; THIRTEEN18
THOUSAND DOLLARS OR LESS FOR CLAIMS FILED FROM JULY 1, 2026,19
THROUGH DECEMBER 31, 2027; AND AN AMOUNT THAT THE DIRECTOR20
SPECIFIES IN RULE BY JANUARY 1, 2028, AND BY RULE FOR EVERY OTHER21
YEAR THEREAFTER. SUCH AMOUNT MUST BE EQUAL TO THE AMOUNT IN22
THE PREVIOUS CALENDAR YEAR INCREASED BY ONE THOUSAND DOLLARS23
OR A HIGHER AMOUNT IF SUCH HIGHER AMOUNT IS NECESSARY TO ADJUST24
FOR INFLATION. INFLATION IS MEASURED BY THE ANNUAL PERCENTAGE25
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF26
LABOR STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX, FOR27
1001
-7- DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN1
CONSUMERS. The division may investigate any A wage complaint made2
on behalf of a group of similarly situated employees. If the division3
declines to investigate a group complaint, similarly situated employees4
may consent in writing to participate as parties to that complaint, and the5
division may pursue a direct investigation informed by and concurrent6
with that complaint. The division shall initiate the administrative7
procedure by sending a notice of complaint to the employer by mail or8
electronic means in accordance with rules as the director may promulgate9
when the complaint states a claim for relief. The notice of the complaint10
must include:11
(III)  The division shall issue a determination within ninety days12
after the notice of complaint is sent unless the division extends the time13
period by providing advance written notice to the employee and employer14
stating good cause for the extension of time.15
(8) Nothing in this article shall be construed to limit ARTICLE 416
LIMITS:17
(a) The authority of the district attorney of any county or city and18
county, or the city attorney of any city A PERSON DELEGATED AUTHORITY19
BY A COUNTY OR CITY AND COUNTY TO PROSECUTE CRIMINAL OFFENSES20
OR ENFORCE LAWS OR ORDINANCES RELATED TO THE PAYMENTS OF21
WAGES, to:22
(I) Prosecute actions for such violations of this article as ARTICLE23
4 THAT may come to his or her THE DISTRICT ATTORNEY'S OR THE24
DELEGATED PERSON'S knowledge; or to25
(II)  Enforce the provisions of this article THIS ARTICLE 426
independently and without specific direction of the director; or to limit27
1001
-8- (b) The right of any wage claimant to sue directly or through an1
assignee for any wages or penalty due him or her under the provisions of2
this article OR OTHER RELIEF AVAILABLE PURSUANT TO THIS ARTICLE 4.3
(9)  A CITY, COUNTY, OR CITY AND COUNTY MAY ENACT AND4
ENFORCE LAWS RELATED TO THE PAYMENT OF WAGES FOR WORK5
PERFORMED WITHIN ITS JURISDICTION IF THE LAWS DO NOT DIMINISH THE6
PROTECTIONS OR BENEFITS TO EMPLOYEES PROVIDED IN THIS ARTICLE 4.7
SECTION 6. In Colorado Revised Statutes, 8-4-113, amend8
(5)(a); and add (1)(a)(I.5) as follows:9
8-4-113.  Fines pursuant to enforcement - wage theft10
enforcement fund - created - administrative lien and levy of employer11
assets - wage claim payments from the fund - definition - rules.12
(1) (a) (I.5)  A
N EMPLOYER FOUND TO HAVE MISCLASSIFIED AN EMPLOYEE13
AS A NONEMPLOYEE IN A WAY THAT MAY AFFECT A WAGE AND HOUR14
PAYMENT OR REPORTING OBLIGATION UNDER A STATE , FEDERAL, OR LOCAL15
LAW, RULE, OR REGULATION SHALL PAY A FINE IN THE FOLLOWING16
AMOUNTS, INCREASED BY THE DIRECTOR BY RULE BY JANUARY 1, 2028,17
AND BY RULE BY JANUARY 1 EVERY OTHER YEAR BASED ON THE PRIOR18
TWO YEARS' INCREASE, IF ANY, IN THE UNITED STATES DEPARTMENT OF19
LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX , OR A20
SUCCESSOR INDEX, FOR DENVER-AURORA-LAKEWOOD FOR URBAN WAGE21
EARNERS AND CLERICAL WORKERS , PER EMPLOYEE, IN ADDITION TO ANY22
OTHER RELIEF ORDERED:23
(A)  F
OR A WILLFUL VIOLATION, FIVE THOUSAND DOLLARS;24
(B)  F
OR A VIOLATION NOT REMEDIED WITHIN SIXTY DAYS AFTER25
THE DIVISION'S FINDING, TEN THOUSAND DOLLARS;26
(C)  F
OR A SECOND OR SUBSEQUENT WILLFUL VIOLATION WITHIN27
1001
-9- FIVE YEARS, TWENTY-FIVE THOUSAND DOLLARS; OR1
(D)  F
OR A SECOND OR SUBSEQUENT WILLFUL VIOLATION NOT2
REMEDIED WITHIN SIXTY DAYS AFTER THE DIVISION 'S FINDING, FIFTY3
THOUSAND DOLLARS.4
(5) (a)  On and after April 1, 2024, if an employer fails to pay an5
employee an amount of wages, compensation, or other monetary relief6
owed the employee, as determined by the division pursuant to this article7
4 or article 6 or 12 of this title 8 or as decided by a hearing officer8
pursuant to section 8-4-111.5, within six months
 ONE HUNDRED TWENTY9
DAYS after the division's determination, the hearing officer's decision, or10
the expiration of any AN order from the division, the hearing officer, or11
a court staying or postponing the employer's payment obligation,12
whichever is later, the division may disburse the amount of wages,13
compensation, or other monetary relief determined to be owed the14
employee, subject to available resources in the fund and the division's15
prioritization, from the fund to the employee.16
SECTION 7. In Colorado Revised Statutes, amend 8-4-120 as17
follows:18
8-4-120.  Discrimination and retaliation prohibited - employee19
protections - criminal penalties - civil remedies. (1)  An employer, 
OR20
ANY OTHER PERSON THAT IS REGULARLY ENGAGED IN BUSINESS OR21
COMMERCIAL ACTIVITY THAT HAS CONTRACTED WITH AN EMPLOYER OR22
WORKER, DIRECTLY OR INDIRECTLY, FOR LABOR FROM WHICH SUCH23
PERSON IS THE BENEFICIARY, shall not intimidate, threaten, restrain,24
coerce, blacklist, discharge, or in any manner discriminate or retaliate25
against any
 AN employee OR WORKER who has:26
(a)   Filed any A complaint or instituted or caused to be instituted27
1001
-10- any A proceeding under this article 4 or any other law or rule related to1
wages, hours, or employment of minors; or2
(b)  Testified or provided other evidence, or may testify or provide3
other evidence, in any A proceeding on behalf of the employee or another4
person regarding afforded protections under this article 4 or under any5
other law or rule related to wages, or hours, OR THE EMPLOYMENT OF6
MINORS; OR7
(c)  R
AISED CONCERNS IN GOOD FAITH ABOUT COMPLIANCE WITH8
OR OTHERWISE PROVIDED INFORMATION AS TO LEGAL RIGHTS AND9
REMEDIES AVAILABLE UNDER THIS ARTICLE 4 OR ANY OTHER LAW OR RULE10
RELATED TO WAGES OR HOURS TO ANY PERSON .11
(2)  An employer who
 A PERSON THAT violates this section12
commits a class 2 misdemeanor.13
(3) (a)  An employee 
OR WORKER who alleges a violation of14
subsection (1) of this section may file a civil action in a court of15
competent jurisdiction against the employer alleged to have violated this16
section to seek legal and equitable relief as appropriate to remedy the17
violation, including:18
(I)  Back pay;19
(II)  Reinstatement of employment or, if reinstatement is not20
feasible, front pay;21
(III)  The payment of wages unlawfully withheld;22
(IV)  Interest on unpaid wages at a rate of twelve percent per23
annum from the date the wages were first due;24
(V)  The payment of a penalty of fifty dollars per day for each25
employee whose rights under this section were violated and for each day26
that the violation occurred or continued;27
1001
-11- (VI)  Liquidated damages in an amount equal to the greater of two1
times the amount of the unpaid wages 
OR OTHER LOST PAY OR2
COMPENSATION or two thousand dollars; and
3
(VII)  Injunctive relief; 
AND4
(VIII)  C
OMPENSATORY DAMAGES FOR OTHER ECONOMIC OR5
NONECONOMIC LOSS OR INJURY SHOWN BY COMPETENT EVIDENCE .6
(b)  If the employee
 AN AGGRIEVED PERSON prevails in a civil7
action brought pursuant to this subsection (3), the court shall award the8
employee PERSON reasonable attorney fees and costs.9
(c) (I)  I
N DETERMINING WHETHER THERE HAS BEEN RETALIATION10
AS PROHIBITED IN SUBSECTION (1) OF THIS SECTION, A FACT FINDER SHALL11
CONSIDER THE TIME BETWEEN AN INDIVIDUAL 'S EXERCISE OF A PROTECTED12
ACTIVITY AND AN EMPLOYER'S ADVERSE ACTION. A PERIOD OF NINETY OR13
FEWER DAYS BETWEEN THE EXERCISE OF A PROTECTED ACTIVITY AND THE14
ADVERSE ACTION MAY , WITHOUT MORE , BE SUFFICIENT TO FIND15
RETALIATORY INTENT. 
ADVERSE ACTION OCCURRING MORE THAN NINETY16
DAYS AFTER THE EXERCISE OF A PROTECTED ACTIVITY MAY ALSO17
CONSTITUTE RETALIATION.18
(II) ANY EFFORT TO USE AN INDIVIDUAL'S IMMIGRATION STATUS 19
TO IN ANY MANNER DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE20
OR WORKER WHO HAS ENGAGED IN ACTIVITY DESCRIBED IN SUBSECTION21
(1) OF THIS SECTION IS A VIOLATION OF THIS SECTION.22
(4)  The division may investigate and enforce discrimination or23
retaliation prohibited by this article 4 or article 6 of this title 8 and, after24
investigation, may order the relief specified in subsection (3)(a) of this25
section 
AND REASONABLE ATTORNEY FEES AND COSTS .26
SECTION 8. Appropriation. For the 2025-26 state fiscal year,27
1001
-12- $208,979 is appropriated to the department of labor and employment for1
use by the division of labor standards and statistics. This appropriation is2
from the general fund and is based on an assumption that the division will3
require an additional 1.8 FTE. To implement this act, the division may4
use this appropriation for program costs related to labor standards.5
SECTION 9. Act subject to petition - effective date -6
applicability. (1)  This act takes effect at 12:01 a.m. on the day following7
the expiration of the ninety-day period after final adjournment of the8
general assembly; except that, if a referendum petition is filed pursuant9
to section 1 (3) of article V of the state constitution against this act or an10
item, section, or part of this act within such period, then the act, item,11
section, or part will not take effect unless approved by the people at the12
general election to be held in November 2026 and, in such case, will take13
effect on the date of the official declaration of the vote thereon by the14
governor.15
(2)  This act applies to conduct occurring on or after the applicable16
effective date of this act.17
1001
-13-