First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0499.03 Kristen Forrestal x4217 HOUSE BILL 25-1328 House Committees Senate Committees Health & Human Services A BILL FOR AN ACT C ONCERNING THE IMPLEMENTATI ON OF THE RECOMMENDATIONS101 MADE BY THE DIRECT CARE WORKFORCE STABILIZATION BOARD .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 .) The bill implements recommendations made by the direct care workforce stabilization board (board) by: ! Requiring the board to investigate health-care benefits for the direct care workforce; ! Requiring the department of labor and employment (department) to collaborate with the board and other HOUSE SPONSORSHIP Duran and Sirota, SENATE SPONSORSHIP Danielson and Bridges, 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. entities to establish a comprehensive "know your rights" training for direct care workers; ! Requiring the department to ensure that the "know your rights" training is available to direct care workers, to allow worker organizations to participate in the training free of charge, and to report direct care worker training completion information to the board; and ! Requiring direct care employers to conduct and document direct care worker training attendance, distribute a notice of rights to direct care workers, and inform all employees about the direct care worker website and communication platform established by the department of health care policy and financing. The bill also requires the director of the division of labor standards and statistics (director) in the department to provide compliance assistance to direct care employers and investigate possible violations by the employers. The director is also required to enforce compliance with the requirements in the bill. To implement the board's recommendations, the bill also requires the department of health care policy and financing to: ! Establish a website and communication platform for direct care workers; ! In coordination with the board, develop a direct care worker-specific notice of rights for direct care employers; ! Collaborate with direct care employers to inform direct care workers about the website and communication platform; ! Allow specified entities access to the contact information of each direct care worker enrolled in the communication platform; and ! Convene and administer an interested party advisory group pursuant to federal requirements. The bill also establishes the direct care worker minimum wage at $17 per hour beginning July 1, 2025, and encourages the state to set the minimum wage for direct care workers at $25 per hour by January 1, 2028. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Colorado's long-term care system is in crisis;4 HB25-1328-2- (b) Colorado's population of adults aged 65 and older is projected1 to grow by 36% by 2030, reaching 1.2 million people. Meanwhile, the2 state relies on just 59,000 direct care workers to meet this growing3 demand, which is far too few to ensure everyone who needs care can4 access it.5 (c) Over 80% of Colorado's direct care workforce are women, and6 44% are women of color;7 (d) Not all direct care workers are paid a livable wage, many do8 not have basic benefits like personal time off and health insurance, and9 some experience wage theft and workplace discrimination, leading to a10 high turnover rate;11 (e) In 2023, the general assembly established the direct care12 workforce stabilization board, bringing direct care workers, individuals13 receiving care, and direct care industry representatives to study the14 systemic issues driving high turnover and direct care worker shortages;15 (f) By 2028, the federal Centers for Medicare and Medicaid16 Services will require states to report the percentage of Medicaid payments17 made for direct care worker compensation; and18 (g) The federal Centers for Medicare and Medicaid Services19 provides states with 90% of federal funding to implement the direct care20 worker communication platforms.21 (2) Therefore, the intent of the general assembly is to implement22 the direct care workforce stabilization board's recommendations to23 stabilize the state's direct care workforce and to ensure Coloradans have24 access to the high-quality, comprehensive, in-home care they need. The25 recommendations include compliance with federal laws and regulations26 concerning payment of direct care workers and the acceptance of federal27 HB25-1328 -3- money to support a communication platform.1 SECTION 2. In Colorado Revised Statutes, 8-7.5-104, add (3.5)2 as follows:3 8-7.5-104. Duties of the board - recommendations for4 minimum direct care employment standards - analysis of market5 conditions - public outreach - report. (3.5) T HE BOARD SHALL6 INVESTIGATE HEALTH-CARE BENEFITS FOR THE DIRECT CARE WORKFORCE ,7 INCLUDING THE OVERALL COSTS WITHIN THE INDUSTRY IN COMPARISON TO8 OTHER SIMILAR INDUSTRIES, THE IMPLICATIONS OF A FAMILY CAREGIVER9 MODEL FOR DIRECT CARE WORKERS ON HEALTH INSURANCE COSTS ,10 INNOVATIVE SOLUTIONS FOR IMPROVING QUALITY OF CARE , AND11 REDUCING THE COST OF CARE AND HOW TO FUND THE HEALTH -CARE12 BENEFITS.13 SECTION 3. In Colorado Revised Statutes, add 8-7.5-108 and14 8-7.5-109 as follows:15 8-7.5-108. Direct care employers - direct care worker rights16 training - direct care worker communication platform - direct care17 worker website. (1) B Y JANUARY 1, 2026, THE DEPARTMENT SHALL18 COLLABORATE WITH THE BOARD AND ANY OTHER ENTITIES DEEMED19 RELEVANT BY THE DEPARTMENT TO ESTABLISH A COMPREHENSIVE "KNOW20 YOUR RIGHTS" TRAINING FOR DIRECT CARE WORKERS THAT INCLUDES21 INFORMATION CONCERNING :22 (a) T HE DIRECT CARE WORKER BASE WAGE ;23 (b) W AGES AND HOURS FOR OVERTIME WORK ;24 (c) T HE "HEALTHY FAMILIES AND WORKPLACES ACT", PART 4 OF25 ARTICLE 13.3 OF THIS TITLE 8;26 (d) T HE "FAMILY CARE ACT", PART 2 OF TITLE 13.3 OF THIS TITLE27 HB25-1328 -4- 8;1 (e) T HE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE2 A CT", PUB.L. 111-148, AS IT RELATES TO WORKER RIGHTS;3 (f) T RAVEL TIME RULES, AS THE RULES RELATE TO THE4 EMPLOYMENT OF DIRECT CARE WORKERS ;5 (g) C IVIL RIGHTS PROTECTED BY COLORADO LAW THAT ARE6 RELEVANT TO THE EMPLOYMENT OF DIRECT CARE WORKERS ;7 (h) W HERE A DIRECT CARE WORKER CAN LEARN MORE ABOUT THE8 TOPICS COVERED IN THE TRAINING;9 (i) W HERE AND HOW TO FILE A COMPLAINT , INCLUDING RIGHTS10 SECURED UNDER THE "PROTECTING OPPORTUNITIES AND WORKERS'11 R IGHTS ACT", SENATE BILL 23-172, ENACTED IN 2023; AND12 (j) T HE CONTENTS OF THE WEBSITE ESTABLISHED IN SECTION13 25.5-1-208, HOW TO USE THE COMMUNICATION PLATFORM ESTABLISHED14 IN SECTION 25.5-1-208, THE BENEFITS TO THE DIRECT CARE WORKER OF15 PARTICIPATION IN THE COMMUNICATION PLATFORM , HOW DIRECT CARE16 WORKER CONTACT INFORMATION WILL BE USED , AND HOW TO OPT IN TO17 AND OPT OUT OF THE COMMUNICATION PLATFORM .18 (2) T HE DEPARTMENT SHALL:19 (a) E NSURE THAT THE COMPREHENSIVE "KNOW YOUR RIGHTS"20 TRAINING REQUIRED TO BE ESTABLISHED BY SUBSECTION (1) OF THIS21 SECTION IS AVAILABLE TO DIRECT CARE WORKERS AND DIRECT CARE22 EMPLOYERS;23 (b) A LLOW WORKER ORGANIZATIONS TO PARTICIPATE IN THE24 " KNOW YOUR RIGHTS" TRAINING;25 (c) N OT CHARGE A FEE TO DIRECT CARE EMPLOYERS OR DIRECT26 CARE WORKERS FOR THE "KNOW YOUR RIGHTS" TRAINING; AND27 HB25-1328 -5- (d) REPORT PERIODICALLY TO THE BOARD CONCERNING DIRECT1 CARE WORKER COMPLETION OF THE "KNOW YOUR RIGHTS" TRAINING.2 (3) A DIRECT CARE EMPLOYER SHALL:3 (a) R EQUIRE EACH DIRECT CARE WORKER TO PROVIDE4 DOCUMENTATION OF A COMPLETED "KNOW YOUR RIGHTS" TRAINING OR TO5 ATTEND THE "KNOW YOUR RIGHTS" TRAINING ADMINISTERED BY THE6 DEPARTMENT THAT IS IN PLACE PRIOR TO JANUARY 1, 2026, AND THE7 " KNOW YOUR RIGHTS" TRAINING ESTABLISHED PURSUANT TO SUBSECTION8 (1) OF THIS SECTION DURING THE DIRECT CARE WORKER 'S REGULAR PAID9 WORK HOURS AND AT NO CHARGE TO THE DIRECT CARE WORKER OR TO A10 DIRECT CARE CONSUMER;11 (b) D ISTRIBUTE A DIRECT CARE WORKER -SPECIFIC NOTICE OF12 RIGHTS DEVELOPED BY THE DEPARTMENT IN COORDINATION WITH THE13 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING PURSUANT TO14 SECTION 25.5-1-208 (3)(a) TO EACH DIRECT CARE WORKER AT THE TIME OF15 HIRE THAT INCLUDES INFORMATION ON THE "KNOW YOUR RIGHTS "16 TRAINING;17 (c) I NFORM ALL EMPLOYEES ABOUT THE DIRECT CARE WORKER18 WEBSITE AND COMMUNICATION PLATFORM ESTABLISHED BY THE19 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING PURSUANT TO20 SECTION 25.5-1-208; AND21 (d) I NFORM EACH DIRECT CARE WORKER OF THE CONTENTS OF THE22 WEBSITE AND COMMUNICATION PLATFORM , HOW TO USE THE PLATFORM,23 HOW TO OPT IN TO THE PLATFORM, HOW CONTACT INFORMATION MAY BE24 SHARED, AND HOW TO OPT OUT OF THE ENROLLMENT IN AND25 COMMUNICATIONS FROM THE PLATFORM .26 8-7.5-109. Compliance assistance - violations - enforcement.27 HB25-1328 -6- (1) THE DIRECTOR OF THE DIVISION OF LABOR STANDARDS AND1 STATISTICS SHALL PROVIDE COMPLIANCE ASSISTANCE TO DIRECT CARE2 EMPLOYERS AS WARRANTED AND SHALL INVESTIGATE LEADS CONCERNING3 POSSIBLE VIOLATIONS OF THE TRAINING AND NOTICE REQUIREMENTS SET4 FORTH IN THIS ARTICLE 7.5 AND OTHER ALLEGED LABOR VIOLATIONS5 AGAINST DIRECT CARE WORKERS THAT , IN THE DIRECTOR'S GOOD FAITH6 DISCRETION AND JUDGMENT, WARRANT INVESTIGATION.7 (2) T HE DIRECTOR OF THE DIVISION OF LABOR STANDARDS AND8 STATISTICS SHALL ENFORCE COMPLIANCE AND SHALL IMPOSE A FINE ON A9 DIRECT CARE EMPLOYER THAT VIOLATES THIS ARTICLE 7.5 OF ONE10 HUNDRED DOLLARS FOR EACH DIRECT CARE WORKER AFFECTED BY EACH11 VIOLATION; EXCEPT THAT A DIRECT CARE EMPLOYER THAT12 DEMONSTRATES A GOOD FAITH EFFORT TO COMPLY WITH THIS ARTICLE 7.513 IS NOT SUBJECT TO A FINE FOR THE EMPLOYER 'S FIRST VIOLATION. THE14 DIRECTOR SHALL DOUBLE THE AMOUNT OF THE FINE FOR EACH VIOLATION15 AFTER A SECTION VIOLATION BY AN EMPLOYER .16 SECTION 4. In Colorado Revised Statutes, add 25.5-1-208 and17 25.5-1-209 as follows:18 25.5-1-208. Direct care worker website and communication19 platform - enrollment of direct care workers - training, worker20 rights, employment matching - department of labor and employment21 access - gifts, grants, or donations - definitions. (1) A S USED IN THIS22 SECTION AND SECTION 25.5-1-209, UNLESS THE CONTEXT OTHERWISE23 REQUIRES:24 (a) "B OARD" MEANS THE DIRECT CARE WORKFORCE STABILIZATION25 BOARD CREATED IN SECTION 8-7.5-103.26 (b) "D IRECT CARE CONSUMER" HAS THE MEANING SET FORTH IN27 HB25-1328 -7- SECTION 8-7.5-102.1 (c) "D IRECT CARE EMPLOYER" HAS THE MEANING SET FORTH IN2 SECTION 8-7.5-102.3 (d) "D IRECT CARE SERVICES" HAS THE MEANING SET FORTH IN4 SECTION 8-7.5-102.5 (e) "D IRECT CARE WORKER" HAS THE MEANING SET FORTH IN6 SECTION 8-7.5-102.7 (f) "M EDICAL ASSISTANCE PROGRAM " MEANS THE "COLORADO8 M EDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF THIS TITLE 25.5.9 (g) "P LATFORM" OR "COMMUNICATION PLATFORM " MEANS THE10 DIRECT CARE WORKER COMMUNICATION PLATFORM CREATED IN THIS11 SECTION.12 (h) "W EBSITE" MEANS THE DIRECT CARE WORKER WEBSITE13 CREATED IN THIS SECTION.14 (i) "W ORKER ORGANIZATION" HAS THE MEANING SET FORTH IN15 SECTION 8-7.5-102.16 (2) T HE STATE DEPARTMENT SHALL COLLABORATE WITH THE17 BOARD TO ESTABLISH A DIRECT CARE WORKER WEBSITE AND18 COMMUNICATION PLATFORM FOR DIRECT CARE WORKERS . THE STATE19 DEPARTMENT SHALL ENSURE THAT THE PLATFORM :20 (a) S UPPORTS DIRECT CARE CONSUMERS IN IDENTIFYING AND21 EMPLOYING QUALIFIED DIRECT CARE WORKERS ;22 (b) F ACILITATES RECRUITMENT AND RETENTION OF DIRECT CARE23 WORKERS PAID THROUGH REIMBURSEMENT BY THE MEDICAL ASSISTANCE24 PROGRAM;25 (c) E NSURES ACCESS TO CARE FOR ALL MEMBERS ;26 (d) S UPPORTS THE STATE DEPARTMENT IN MONITORING ACCESS TO27 HB25-1328 -8- AND QUALITY OF CARE FOR DIRECT CARE CONSUMERS WHO RECEIVE1 DIRECT CARE SERVICES;2 (e) P ROVIDES A REGULAR CADENCE OF COMMUNICATION BY THE3 STATE DEPARTMENT, TO BE DETERMINED IN CONSULTATION WITH THE4 BOARD, TO WORKERS WHO HAVE OPTED IN TO THE COMMUNICATION5 PLATFORM, INCLUDING UPDATES FROM THE BOARD , RELEVANT STATE6 DEPARTMENT INITIATIVES, AND POTENTIAL CHANGES TO WORKER RIGHTS7 AND BENEFITS;8 (f) M AINTAINS AN ELECTRONIC EMPLOYMENT MATCHING SYSTEM9 TO HELP DIRECT CARE CONSUMERS IDENTIFY DIRECT CARE WORKERS WITH10 THE RIGHT AVAILABILITY AND SKILL SET , EXPERIENCE WITH DEMENTIA,11 LANGUAGE PROFICIENCY, AND SPECIFIC CERTIFICATIONS; AND12 (g) P ROVIDES EACH DIRECT CARE WORKER WITH THE OPPORTUNITY13 TO OPT IN TO AND OPT OUT OF THE COMMUNICATION PLATFORM .14 (3) T HE STATE DEPARTMENT SHALL :15 (a) I N COORDINATION WITH THE BOARD , DEVELOP A DIRECT CARE16 WORKER-SPECIFIC NOTICE OF RIGHTS FOR DIRECT CARE EMPLOYERS TO17 DISTRIBUTE TO THEIR EMPLOYEES PURSUANT TO SECTION 8-7.5-108 (3)(b);18 AND19 (b) C OLLABORATE WITH DIRECT CARE EMPLOYERS TO INFORM20 DIRECT CARE WORKERS OF THE BENEFITS OF THE PLATFORM .21 (4) (a) T HE WEBSITE MUST INCLUDE:22 (I) T RAINING ON DIRECT CARE WORKER BASIC JOB DUTIES , HEALTH23 AND SAFETY IN THE WORKPLACE , AND HOW TO PROVIDE CULTURALLY24 COMPETENT CARE;25 (II) I NFORMATION REGARDING DIRECT CARE WORKER RIGHTS ,26 INCLUDING INCREASES TO THE DIRECT CARE WORKER BASE WAGE ; THE27 HB25-1328 -9- "HEALTHY FAMILIES AND WORKPLACES ACT", PART 4 OF ARTICLE 13.3 OF1 TITLE 8; NEW LABOR LAWS, RULES, REGULATIONS, AND PRACTICES; OR2 OTHER LAWS, RULES, REGULATIONS, AND PROCESSES DESIGNED TO3 STABILIZE THE DIRECT CARE WORKFORCE ;4 (III) A CALENDAR OF THE TRAINING EVENTS THAT ARE PROVIDED5 BY THE STATE DEPARTMENT AND ARE FREE OF CHARGE TO DIRECT CARE6 WORKERS CONCERNING THE RIGHTS OF DIRECT CARE WORKERS AND THE7 INFORMATION THAT CAN BE LEARNED IN EACH TRAINING ;8 (IV) T HE ABILITY FOR COMMUNICATION PLATFORM USERS TO OPT9 IN TO AND OPT OUT OF PLATFORM COMMUNICATIONS ;10 (V) C OMMUNICATION ON HOW DIRECT CARE WORKERS CAN11 ACCESS MEDICAL ASSISTANCE PROGRAM BENEFITS , INCLUDING:12 (A) M EDICAL ASSISTANCE PROGRAM BUY -IN FOR WORKING13 ADULTS WITH DISABILITIES; AND14 (B) M EDICAL ASSISTANCE FOR A FAMILY MEMBER IN THE DIRECT15 CARE WORKER'S HOUSEHOLD WITH A DISABILITY OR WHO IS SIXTY -FIVE16 YEARS OF AGE OR OLDER;17 (VI) A CCESS TO THE STATE DEPARTMENT 'S CORE CURRICULUM18 TRAINING; AND19 (VII) A LINK TO THE STATE DEPARTMENT'S DIRECT CARE WORKER20 SURVEY.21 (b) T HE STATE DEPARTMENT SHALL REVIEW AND APPROVE ALL22 WEBSITE AND COMMUNICATION PLATFORM CONTENT FOR ACCURACY23 BEFORE IT IS POSTED PUBLICLY.24 (5) (a) W ITHIN THREE MONTHS AFTER THE ESTABLISHMENT OF THE25 COMMUNICATION PLATFORM AND EVERY THREE MONTHS THEREAFTER ,26 THE STATE DEPARTMENT SHALL ALLOW THE DEPARTMENT OF LABOR AND27 HB25-1328 -10- EMPLOYMENT, WORKER ORGANIZATIONS, INDUSTRY ORGANIZATIONS, AND1 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS TO HAVE2 ACCESS TO THE CONTACT INFORMATION FOR EACH DIRECT CARE WORKER3 ENROLLED IN THE COMMUNICATION PLATFORM TO INFORM THE WORKER4 OF THEIR RIGHTS, TO SUPPORT THE WORKER IN ENGAGING WITH THE5 BOARD, AND TO ACCOMPLISH THE COMMUNICATION PLATFORM 'S DIRECT6 CARE CONSUMER-MATCHING FUNCTIONS.7 (b) I N FULFILLING THE OBLIGATIONS OF THIS SECTION, THE STATE8 DEPARTMENT, WORKER ORGANIZATIONS, INDUSTRY ORGANIZATIONS, AND9 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS MUST COMPLY10 WITH APPLICABLE LAWS AND RULES PROTECTING PERS ONALLY11 IDENTIFYING INFORMATION . WORKER ORGANIZATIONS AND12 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS SHALL NOT13 HAVE ACCESS TO THE NAME OR PRIVATE DATA OF ANY DIRECT CARE14 CONSUMER OR DIRECT CARE CONSUMER 'S REPRESENTATIVE OR INDICATE15 THAT AN INDIVIDUAL DIRECT CARE WORKER IS A DIRECT CARE16 CONSUMER'S RELATIVE OR HAS THE SAME ADDRESS AS A DIRECT CARE17 CONSUMER.18 25.5-1-209. Duties of the state department - recommendations19 for minimum direct care employment standards - analysis of market20 conditions - public outreach - advisory group - report. (1) T HE21 DEFINITIONS IN SECTION 25.5-1-208 APPLY TO THIS SECTION.22 (2) (a) P URSUANT TO THE FEDERAL CENTERS FOR MEDICARE AND23 MEDICAID REQUIREMENTS, THE STATE DEPARTMENT SHALL CONVENE AN24 INTERESTED PARTIES ADVISORY GROUP AT LEAST EVERY TWO YEARS AND25 AS OFTEN AS THE STATE DEPARTMENT DEEMS NECESSARY . THE ADVISORY26 GROUP MUST INCLUDE HEALTH -CARE PROVIDERS, REPRESENTATIVES OF27 HB25-1328 -11- THE STATE DEPARTMENT AND THE DEPARTMENT OF LABOR AND1 EMPLOYMENT, REPRESENTATIVES OF WORKER ORGANIZATIONS , AND2 REPRESENTATIVES OF INDUSTRY ORGANIZATIONS . THE ADVISORY GROUP3 SHALL MAKE RECOMMENDATIONS TO THE BOARD CONCERNING ADEQUATE4 WAGES AND OTHER WORKFORCE SUPPORT FOR DIRECT CARE WORKERS .5 (b) T HE DEPARTMENT SHALL ADMINISTER THE ADVISORY GROUP6 IN ACCORDANCE WITH 42 CFR 447.203 (b)(6).7 (c) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR8 BEFORE JANUARY 1, 2027, AND ANNUALLY THEREAFTER , THE STATE9 DEPARTMENT SHALL REPORT TO THE BOARD AND THE JOINT BUDGET10 COMMITTEE OF THE GENERAL ASSEMBLY :11 (I) T HE PERCENTAGE OF HOME- AND COMMUNITY-BASED SERVICES12 PAYMENTS THAT DIRECT CARE WORKERS RECEIVED IN COMPENSATION ,13 INCLUDING SALARIES, WAGES, BENEFITS, AND PAYROLL TAXES, IN THE14 PREVIOUS STATE FISCAL YEAR; AND15 (II) T HE PERCENTAGE OF HOME - AND COMMUNITY -BASED16 SERVICES PAYMENTS THAT DIRECT CARE EMPLOYERS RECEIVED IN THE17 PREVIOUS STATE FISCAL YEAR.18 SECTION 5. In Colorado Revised Statutes, 25.5-6-1603, amend19 (2) as follows:20 25.5-6-1603. Minimum wage - wage pass-through requirement21 for certain home care agencies - applicability - reports - recovery.22 (2) (a) On and after July 1, 2020 JULY 1, 2025, the hourly minimum wage23 RATE for persons INDIVIDUALS who provide DIRECT CARE SERVICES,24 INCLUDING personal care services, homemaker services, or in-home25 support services for which a home care agency may receive26 reimbursement pursuant to the "Colorado Medical Assistance Act", is27 HB25-1328 -12- twelve dollars and forty-one cents SEVENTEEN DOLLARS per hour.1 (b) T HE STATE IS ENCOURAGED TO INSTITUTE AN HOURLY2 MINIMUM WAGE RATE OF TWENTY -FIVE DOLLARS PER HOUR BY JANUARY3 1, 2028, FOR INDIVIDUALS WHO PROVIDE DIRECT CARE SERVICES .4 (c) T HE STATE DEPARTMENT SHALL ENFORCE THE MINIMUM DIRECT5 CARE WORKER BASE WAGE THAT IS REQUIRED BY THIS SUBSECTION (2).6 SECTION 6. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly; except9 that, if a referendum petition is filed pursuant to section 1 (3) of article V10 of the state constitution against this act or an item, section, or part of this11 act within such period, then the act, item, section, or part will not take12 effect unless approved by the people at the general election to be held in13 November 2026 and, in such case, will take effect on the date of the14 official declaration of the vote thereon by the governor.15 HB25-1328 -13-