First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0311.01 Kristen Forrestal x4217
SENATE BILL 25-010
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING ELECTRONIC COMM UNICATIONS IN HEALTH CARE .101
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
.)
Subject to specific requirements, the bill allows a notice to a party
or other document required by law in an insurance transaction or that is
to serve as evidence of health insurance coverage to be delivered, stored,
and presented by electronic means if the electronic means meet the
requirements of the "Uniform Electronic Transactions Act". The delivery
of a notice or document by electronic means is considered the equivalent
to and has the same effect as any other delivery method required by law.
The bill requires health insurance carriers to deliver paper
SENATE SPONSORSHIP
Mullica and Pelton B.,
HOUSE SPONSORSHIP
Brown,
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. communications to individuals that may not have consistent access to the
internet and to any individuals that may elect to receive paper
communications upon request.
An insurance producer is not subject to civil liability for any harm
or injury that occurs because of a party's election to receive any notice or
document by electronic means or by a carrier's failure to deliver or a
party's failure to receive a notice or document by electronic means.
A carrier may mail, deliver, or, if the carrier obtains separate,
specific consent, post on the carrier's website a health coverage plan and
an endorsement that does not contain personal identifying information. If
the carrier elects to post a health coverage plan and an endorsement on
the carrier's website in lieu of mailing or delivering the health coverage
plan and endorsement, the carrier shall comply with certain conditions.
The commissioner of insurance is required to adopt rules to
implement the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 10-16-170 as2
follows:3
10-16-170. Delivery of notices and documents by electronic4
means - definitions - consent required - withdrawal of consent -5
employers - immunity from liability - posting of plans and6
endorsements on carrier website - applicability - rules. (1) A
S USED7
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :8
(a) "D
ELIVERED BY ELECTRONIC MEANS " MEANS:9
(I) D
ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A10
PARTY HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS ; OR11
(II) P
OSTING ON AN ELECTRONIC NETWORK OR SITE ACCESSIBLE12
VIA THE INTERNET, A MOBILE APPLICATION, A COMPUTER, A MOBILE13
DEVICE, A TABLET, OR ANY OTHER ELECTRONIC DEVICE, TOGETHER WITH14
SEPARATE NOTICE OF THE POSTING PROVIDED BY ELECTRONIC MAIL TO THE15
ADDRESS AT WHICH THE PARTY HAS CONSENTED TO RECEIVE NOTICE OR BY16
ANY OTHER DELIVERY METHOD THAT HAS BEEN CONSENTED TO BY THE17
SB25-010-2- PARTY. THE SEPARATE NOTICE OF THE POSTING MUST CONTAIN THE1
INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE POSTED , AND2
DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL DELIVERY OF3
THE SEPARATE NOTICE OF THE POSTING, WHICHEVER OCCURS LATER.4
(b) "P
ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT5
REQUIRED AS PART OF AN INSURANCE TRANSACTION , INCLUDING AN6
APPLICANT FOR HEALTH INSURANCE COVERAGE , A COVERED PERSON, A7
POLICYHOLDER, OR AN ANNUITY CONTRACT HOLDER .8
(2) (a) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO9
THE CONTRARY, SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A10
NOTICE TO A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN AN11
INSURANCE TRANSACTION OR THAT IS TO SERVE AS EVIDENCE OF HEALTH12
INSURANCE COVERAGE MAY BE DELIVERED , STORED, AND PRESENTED BY13
ELECTRONIC MEANS IF THE ELECTRONIC MEANS MEET THE REQUIREMENTS14
OF THE "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF15
TITLE 24.16
(b) T
HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE17
WITH THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE18
SAME EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW , INCLUDING19
DELIVERY BY FIRST-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE20
PREPAID, CERTIFIED MAIL, CERTIFICATE OF MAIL, OR CERTIFICATE OF21
MAILING.22
(3) A
NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC23
MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF :24
(a) T
HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,25
OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER THAT26
REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS INFORMATION27
SB25-010
-3- IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES OR1
DOCUMENTS DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY HAS2
GIVEN CONSENT, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ;3
AND4
(b) B
EFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE5
PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING THE PARTY OF :6
(I) T
HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS7
TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY8
ELECTRONIC MEANS;9
(II) T
HE TYPES OF NOTICES AND DOCUMENTS TO WHICH THE10
PARTY'S CONSENT APPLIES;11
(III) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY12
TIME, AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE13
IMPOSED IN THE EVENT CONSENT IS WITHDRAWN ;14
(IV) T
HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW15
CONSENT, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE16
PROCEDURES REQUIRED TO PROVIDE CONSENT , TO HAVE A NOTICE OR17
DOCUMENT DELIVERED BY ELECTRONIC MEANS , OR TO UPDATE THE18
PARTY'S ELECTRONIC MAIL ADDRESS; AND19
(V) T
HE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT20
DELIVERED IN PAPER FORM UPON REQUEST .21
(4) (a) N
OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN22
EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY , ON BEHALF OF A23
COVERED PERSON ENROLLED IN THE PLAN , PROVIDE CONSENT TO THE24
MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC25
MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN26
EMPLOYER HAS:27
SB25-010
-4- (I) CONFIRMED THAT THE COVERED PERSON ROUTINELY USES1
ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF2
EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC3
COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER ; AND4
(II) I
NFORMED THE COVERED PERSON THAT THE CONSENT WILL BE5
PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE6
DELIVERED TO THE COVERED PERSON 'S WORK ELECTRONIC MAIL ADDRESS7
UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY8
ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL9
ADDRESS.10
(b) T
HE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :11
(I) P
ROVIDE THE COVERED PERSON WITH A CLEAR AND12
CONSPICUOUS STATEMENT INFORMING THE COVERED PERSON OF :13
(A) T
HE TYPES OF NOTICES AND DOCUMENTS THAT MAY BE14
DELIVERED TO THE COVERED PERSON BY ELECTRONIC MEANS ;15
(B) T
HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT16
TO HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT17
ANY TIME WITHOUT CHARGE ;18
(C) T
HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO19
WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY20
ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON 'S ELECTRONIC21
MAIL ADDRESS; AND22
(D) T
HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR23
DOCUMENT DELIVERED, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;24
AND25
(II) P
ROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT26
OF DELIVERY BY ELECTRONIC MEANS .27
SB25-010
-5- (5) A CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE1
DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL2
ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER3
THE "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE4
24,
ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.5
(6) (a) W
HEN A NOTICE OR DOCUMENT IS PROVIDED6
ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION , A CARRIER7
SHALL APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR8
DOCUMENT, WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF9
THE RIGHT TO REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR10
DOCUMENT.11
(b) A
CARRIER SHALL TAKE ALL REASONABLE MEASURES TO12
ENSURE THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS13
SECTION RESULTS IN THE PARTY'S RECEIPT OF THE NOTICE OR DOCUMENT.14
(7) A
FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES15
AND DOCUMENTS BY ELECTRONIC MEANS , IF A CHANGE IN THE HARDWARE16
OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR17
DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE18
ABLE TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE19
CONSENT APPLIES, THE CARRIER SHALL NOT DELIVER THE NOTICE OR20
DOCUMENT BY ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH21
SUBSECTION (3) OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT22
THAT DESCRIBES:23
(a) T
HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR24
ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY25
ELECTRONIC MEANS; AND26
(b) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT27
SB25-010
-6- THE IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT1
DISCLOSED AT THE TIME OF INITIAL CONSENT.2
(8) (a) T
HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED3
TO THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY4
ANY OTHER APPLICABLE LAW .5
(b) I
F ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A6
CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT , THE NOTICE OR7
DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE8
METHOD USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE9
RECIPIENT.10
(c) T
HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT11
THAT A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE12
EFFECTIVE DATE OF THIS SECTION TO A PARTY WHO , BEFORE THAT DATE,13
CONSENTED TO RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC14
MEANS AS OTHERWISE ALLOWED BY LAW .15
(d) T
HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF16
ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL17
NOT BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO18
OBTAIN OR CONFIRM THE PARTY'S CONSENT FOR THE DELIVERY OF NOTICES19
OR DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR20
DOCUMENT IS DELIVERED IN PAPER FORM .21
(9) (a) A
PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT22
THE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF A NOTICE23
OR DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY24
BEFORE THE PARTY'S WITHDRAWAL OF CONSENT IS EFFECTIVE .25
(b) A
WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE26
WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE27
SB25-010
-7- WITHDRAWAL BY THE CARRIER .1
(c) A
CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4)2
OF THIS SECTION MAY BE TREATED, AT THE ELECTION OF A PARTY, AS A3
WITHDRAWAL OF THE PARTY 'S CONSENT FOR PURPOSES OF THIS SECTION.4
(10) I
F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR5
DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE6
THE EFFECTIVE DATE OF THIS SECTION , AND A CARRIER INTENDS TO7
DELIVER ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY8
ELECTRONIC MEANS PURSUANT TO THIS SECTION , THEN PRIOR TO9
DELIVERING THE ADDITIONAL NOTICES OR DOCUMENTS BY ELECTRONIC10
MEANS, THE CARRIER SHALL COMPLY WITH SUBSECTION (2) OF THIS11
SECTION AND SHALL PROVIDE THE PARTY A STATEMENT THAT DESCRIBES :12
(a) T
HE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC13
MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS ;14
AND15
(b) T
HE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES16
OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS , WITHOUT THE17
IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT18
DISCLOSED AT THE TIME OF INITIAL CONSENT.19
(11) (a) A
CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY20
ANY OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY21
ELECTRONIC MEANS IF:22
(I) T
HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT23
BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR24
DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY ; OR25
(II) T
HE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL26
ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID .27
SB25-010
-8- (b) A PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS1
DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER2
FROM DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY3
METHOD PERMITTED BY LAW .4
(12) A
N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF5
ARTICLE 2 OF THIS TITLE 10 IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY6
HARM OR INJURY THAT OCCURS BECAUSE OF A PARTY 'S ELECTION TO7
RECEIVE ANY NOTICE OR DOCUMENT BY ELECTRONIC MEANS OR BY A8
CARRIER'S FAILURE TO DELIVER OR A PARTY 'S FAILURE TO RECEIVE A9
NOTICE OR DOCUMENT BY ELECTRONIC MEANS .10
(13) (a) A
HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT11
DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE12
MAILED, DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE, SPECIFIC13
CONSENT, POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO14
POST A COVERED PERSON 'S HEALTH COVERAGE PLAN AND AN15
ENDORSEMENT ON THE CARRIER 'S WEBSITE IN LIEU OF MAILING OR16
DELIVERING THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE17
COVERED PERSON, THE CARRIER SHALL COMPLY WITH THE FOLLOWING18
CONDITIONS:19
(I) T
HE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE20
ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND21
REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE ;22
(II) A
FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE23
CARRIER SHALL EITHER:24
(A) M
AKE THE EXPIRED HEALTH COVERAGE PLAN AND25
ENDORSEMENT AVAILABLE UPON REQUEST , FOR A PERIOD OF FIVE YEARS;26
OR27
SB25-010
-9- (B) IF THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH1
COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE , CONTINUE2
TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN3
AND ENDORSEMENT FOR AT LEAST FIVE YEARS ;4
(III) T
HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND5
ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND6
PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN7
AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY8
AVAILABLE ON THE INTERNET AND FREE TO USE ;9
(IV) T
HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION10
IN, OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE11
TIME OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY12
RENEWALS OF THE HEALTH COVERAGE PLAN :13
(A) A
DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND14
ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON ;15
(B) A
DESCRIPTION OF THE COVERED PERSON'S RIGHT TO RECEIVE,16
UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY17
OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT ; AND18
(C) T
HE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE19
PLAN AND ENDORSEMENT ARE POSTED ;20
(V) T
HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND21
WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , SHALL MAIL22
A PAPER COPY OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO23
THE COVERED PERSON; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR24
SUBSEQUENT MAILINGS OF PAPER COPIES ; AND25
(VI) T
HE CARRIER SHALL PROVIDE NOTICE , EITHER26
ELECTRONICALLY OR IN WRITING AT THE COVERED PERSON 'S OPTION, OF:27
SB25-010
-10- (A) ANY CHANGE TO THE FORMS OR ENDORSEMENT ;1
(B) T
HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND2
ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , A3
PAPER COPY OF THE FORMS OR ENDORSEMENT ; AND4
(C) T
HE INTERNET ADDRESS AT WHICH THE FORMS OR5
ENDORSEMENT IS POSTED.6
(b) T
HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR7
CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED8
OR MADE AVAILABLE TO ANY COVERED PERSON UNDER APPLICABLE LAW .9
(14) O
N OR BEFORE JANUARY 1, 2026, THE COMMISSIONER SHALL10
ADOPT RULES TO IMPLEMENT THIS SECTION , INCLUDING RULES THAT11
REQUIRE EACH CARRIER THAT PROVIDES A HEALTH COVERAGE PLAN TO :12
(a) I
SSUE A STANDARDIZED WRITTEN OR ELECTRONIC CARD13
CONTAINING NECESSARY PLAN INFORMATION TO EACH COVERED PERSON ;14
AND15
(b) I
SSUE A WRITTEN VERSION OF THE CARD CONTAINING THE16
REQUIRED INFORMATION TO A COVERED PERSON UPON THE COVERED17
PERSON'S REQUEST.18
SECTION 2. Act subject to petition - effective date -19
applicability. (1) This act takes effect January 1, 2026; except that, if a20
referendum petition is filed pursuant to section 1 (3) of article V of the21
state constitution against this act or an item, section, or part of this act22
within the ninety-day period after final adjournment of the general23
assembly, then the act, item, section, or part will not take effect unless24
approved by the people at the general election to be held in November25
2026 and, in such case, will take effect January 1, 2026, or on the date of26
the official declaration of the vote thereon by the governor, whichever is27
SB25-010
-11- later.1
(2) This act applies to conduct occurring on or after the applicable2
effective date of this act.3
SB25-010
-12-