1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 25-0661.01 Christopher McMichael x4775 |
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8 | 8 | | SENATE BILL 25-021 |
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9 | 9 | | Senate Committees House Committees |
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10 | 10 | | Agriculture & Natural Resources |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING THE REGISTRATION OF OFF -HIGHWAY VEHICLES .101 |
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14 | 14 | | Bill Summary |
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15 | 15 | | (Note: This summary applies to this bill as introduced and does |
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16 | 16 | | not reflect any amendments that may be subsequently adopted. If this bill |
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17 | 17 | | passes third reading in the house of introduction, a bill summary that |
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18 | 18 | | applies to the reengrossed version of this bill will be available at |
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19 | 19 | | http://leg.colorado.gov |
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20 | 20 | | .) |
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21 | 21 | | The bill specifies that dealers of off-highway vehicles shall require |
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22 | 22 | | a purchaser of an off-highway vehicle to complete the off-highway |
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23 | 23 | | vehicle registration application and pay the registration fee in order to |
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24 | 24 | | complete the sale of an off-highway vehicle, unless the purchaser attests |
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25 | 25 | | that the off-highway vehicle will be used exclusively outside the state. |
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26 | 26 | | The bill clarifies that a dealer that does not comply with the registration |
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27 | 27 | | requirements is subject to a fine of $200 per instance of noncompliance. |
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28 | 28 | | The bill also explicitly authorizes the parks and wildlife commission to |
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29 | 29 | | SENATE SPONSORSHIP |
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30 | 30 | | Bright, |
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31 | 31 | | HOUSE SPONSORSHIP |
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32 | 32 | | (None), |
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33 | 33 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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34 | 34 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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35 | 35 | | Dashes through the words or numbers indicate deletions from existing law. adopt rules concerning the enforcement of the registration requirements |
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36 | 36 | | of off-highway vehicles. |
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37 | 37 | | Under current law, proof of ownership is required for the |
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38 | 38 | | registration of an off-highway vehicle. The bill removes this requirement |
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39 | 39 | | so that an individual registering their off-highway vehicle no longer has |
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40 | 40 | | to provide the division of parks and wildlife with proof of ownership for |
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41 | 41 | | the off-highway vehicle. |
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42 | 42 | | The bill amends certain provisions related to the off-highway |
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43 | 43 | | vehicle recreation fund (fund) to clarify what the money in the fund shall |
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44 | 44 | | be used for. The bill also specifies that money remaining in the fund at |
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45 | 45 | | the end of a given fiscal year shall remain in the fund and only be used for |
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46 | 46 | | specific purposes related to the use of off-highway vehicles in Colorado. |
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47 | 47 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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48 | 48 | | SECTION 1. Legislative declaration. (1) The general assembly2 |
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49 | 49 | | finds and declares that:3 |
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50 | 50 | | (a) Off-highway vehicle recreation is the second highest4 |
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51 | 51 | | recreational use of public lands in Colorado, only behind the skiing5 |
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52 | 52 | | industry;6 |
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53 | 53 | | (b) There are over 290,000 households that participate in7 |
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54 | 54 | | off-highway vehicle recreation each year;8 |
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55 | 55 | | (c) In the 2022-23 season, there was over $1.4 billion in direct9 |
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56 | 56 | | sales of off-highway vehicles and an additional $1.4 billion in indirect10 |
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57 | 57 | | and induced sales related to off-highway vehicle recreation, accounting11 |
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58 | 58 | | for a $2.8 billion contribution to the Colorado economy;12 |
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59 | 59 | | (d) Off-highway vehicle recreation supports nearly 19,000 jobs in13 |
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60 | 60 | | Colorado and $1 billion in labor income; and14 |
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61 | 61 | | (e) Money collected by off-highway vehicle registration fees is15 |
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62 | 62 | | used to support the use, maintenance, and quality of off-highway vehicle16 |
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63 | 63 | | recreation areas in Colorado and is one of the only user-funded trail17 |
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64 | 64 | | maintenance programs in the state.18 |
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65 | 65 | | (2) Therefore, the general assembly further declares that it is in19 |
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66 | 66 | | SB25-021-2- the interest of the state of Colorado to require that purchasers of1 |
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67 | 67 | | off-highway vehicles register their vehicles and pay the registration fee2 |
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68 | 68 | | at the point-of-sale in order to protect a vital source of revenue for the3 |
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69 | 69 | | state and help ensure the continued growth of an important industry for4 |
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70 | 70 | | the Colorado economy.5 |
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71 | 71 | | SECTION 2. In Colorado Revised Statutes, 33-14.5-102, amend6 |
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72 | 72 | | (2)(a) and (8) as follows:7 |
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73 | 73 | | 33-14.5-102. Off-highway vehicle registration -8 |
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74 | 74 | | nonresident-owned or -operated off-highway vehicle permits - fees -9 |
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75 | 75 | | applications - requirements - exemptions - rules. (2) (a) (I) E |
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76 | 76 | | XCEPT AS10 |
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77 | 77 | | PROVIDED IN SUBSECTION (2)(a)(II) OF THIS SECTION, every dealer shall11 |
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78 | 78 | | require a purchaser of an off-highway vehicle to complete a registration12 |
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79 | 79 | | application and pay the registration fee before the vehicle leaves the |
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80 | 80 | | 13 |
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81 | 81 | | dealer's premises, except for those off-highway vehicles purchased for14 |
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82 | 82 | | use exclusively outside of this state IN ORDER TO COMPLETE THE SALE OF15 |
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83 | 83 | | AN OFF-HIGHWAY VEHICLE.16 |
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84 | 84 | | (II) A |
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85 | 85 | | PURCHASER OF AN OFF-HIGHWAY VEHICLE WHO ATTESTS17 |
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86 | 86 | | THAT THE OFF-HIGHWAY VEHICLE IS BEING PURCHASED FOR USE18 |
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87 | 87 | | EXCLUSIVELY OUTSIDE OF THIS STATE IS NOT REQUIRED TO COMPLETE A19 |
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88 | 88 | | REGISTRATION APPLICATION OR PAY THE REGISTRATION FEE PURSUANT TO20 |
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89 | 89 | | SUBSECTION (2)(a)(I) OF THIS SECTION.21 |
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90 | 90 | | (8) Any |
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91 | 91 | | A dealer who does not comply with subsection (2)(a)22 |
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92 | 92 | | SUBSECTION (2)(a)(I) of this section commits a civil infraction and, upon23 |
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93 | 93 | | conviction, shall be punished by a fine of one TWO hundred dollars PER24 |
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94 | 94 | | OFF-HIGHWAY VEHICLE SOLD WITHOUT THE PURCHASER COMPLETING A25 |
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95 | 95 | | REGISTRATION APPLICATION OR PAYING THE REGISTRATION FEE .26 |
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96 | 96 | | SECTION 3. In Colorado Revised Statutes, 33-14.5-103, repeal27 |
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97 | 97 | | SB25-021 |
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98 | 98 | | -3- (1) as follows:1 |
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99 | 99 | | 33-14.5-103. Record of registered off-highway vehicles2 |
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100 | 100 | | maintained. (1) The division shall require proof of ownership for an3 |
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101 | 101 | | off-highway vehicle prior to the initial registration required under this4 |
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102 | 102 | | article, but the division shall not issue a certificate of title for the vehicle.5 |
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103 | 103 | | SECTION 4. In Colorado Revised Statutes, 33-14.5-106, amend6 |
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104 | 104 | | (1) as follows:7 |
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105 | 105 | | 33-14.5-106. Off-highway vehicle recreation fund - creation -8 |
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106 | 106 | | use of money. (1) (a) All fees collected from the registration of9 |
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107 | 107 | | off-highway vehicles and all fees collected from the sale of off-highway10 |
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108 | 108 | | use permits, plus all interest earned on such moneys THE MONEY, shall be11 |
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109 | 109 | | credited to the off-highway vehicle recreation fund, which fund is hereby12 |
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110 | 110 | | created, and shall be used for:13 |
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111 | 111 | | (I) The administration of this article, ARTICLE 14.5;14 |
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112 | 112 | | (II) for PROVIDING information and awareness on the availability15 |
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113 | 113 | | of off-highway vehicle recreational opportunities;16 |
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114 | 114 | | (III) for The promotion of off-highway vehicle safety;17 |
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115 | 115 | | (IV) for The establishment and maintenance of off-highway18 |
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116 | 116 | | vehicle routes, parking areas, and facilities; and19 |
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117 | 117 | | (V) for The purchase or lease of private land for the purposes of20 |
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118 | 118 | | access to public land for uses consistent with the provisions of this article;21 |
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119 | 119 | | ARTICLE 14.5.22 |
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120 | 120 | | (b) However, any moneys MONEY collected in excess of four23 |
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121 | 121 | | dollars per original INITIAL or renewal registration shall be used24 |
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122 | 122 | | exclusively for direct services and not |
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123 | 123 | | FOR administrative costs.25 |
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124 | 124 | | (c) The general assembly shall make annual appropriations from26 |
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125 | 125 | | the off-highway vehicle recreation fund for the purposes enumerated in27 |
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126 | 126 | | SB25-021 |
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127 | 127 | | -4- this subsection (1).1 |
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128 | 128 | | (d) A |
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129 | 129 | | NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING2 |
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130 | 130 | | IN THE FUND AT THE END OF A STATE FISCAL YEAR OR ANY MONEY THAT3 |
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131 | 131 | | IS RETURNED TO THE FUND REMAINS IN THE FUND AND SHALL NOT BE4 |
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132 | 132 | | TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .5 |
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133 | 133 | | SECTION 5. In Colorado Revised Statutes, 33-14.5-107, amend6 |
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134 | 134 | | (1) introductory portion; and add (1)(e) as follows:7 |
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135 | 135 | | 33-14.5-107. Rules. (1) The commission shall adopt rules in the8 |
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136 | 136 | | manner provided by article 4 of title 24, C.R.S., |
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137 | 137 | | concerning the following:9 |
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138 | 138 | | (e) E |
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139 | 139 | | NFORCEMENT OF OFF-HIGHWAY VEHICLE REGISTRATION10 |
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140 | 140 | | REQUIREMENTS IN ACCORDANCE WITH SECTIONS 33-14.5-102 AND11 |
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141 | 141 | | 33-14.5-104.12 |
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142 | 142 | | SECTION 6. Act subject to petition - effective date -13 |
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143 | 143 | | applicability. (1) This act takes effect at 12:01 a.m. on the day following14 |
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144 | 144 | | the expiration of the ninety-day period after final adjournment of the15 |
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145 | 145 | | general assembly; except that, if a referendum petition is filed pursuant16 |
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146 | 146 | | to section 1 (3) of article V of the state constitution against this act or an17 |
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147 | 147 | | item, section, or part of this act within such period, then the act, item,18 |
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148 | 148 | | section, or part will not take effect unless approved by the people at the19 |
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149 | 149 | | general election to be held in November 2026 and, in such case, will take20 |
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150 | 150 | | effect on the date of the official declaration of the vote thereon by the21 |
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151 | 151 | | governor.22 |
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152 | 152 | | (2) This act applies to violations occurring on or after the23 |
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153 | 153 | | applicable effective date of this act.24 |
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154 | 154 | | SB25-021 |
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155 | 155 | | -5- |
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