6 | | - | ONCERNING A MODEL ACT TO PROVIDE A FRAMEWORK THAT ALLOWS |
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7 | | - | INSURANCE COMPANIES TO GIVE REBATES THAT MEET SPECIFIED |
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8 | | - | CRITERIA TO MAINTAIN CONSUMER PROTECTIONS |
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9 | | - | . |
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10 | | - | |
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11 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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| 13 | + | ONCERNING A MODEL ACT TO PROVIDE A FRAMEWORK THAT ALLOWS101 |
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| 14 | + | INSURANCE COMPANIES TO GIVE REBATES THAT MEET SPECIFIED102 |
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| 15 | + | CRITERIA TO MAINTAIN CONSUMER PROTECTIONS .103 |
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| 16 | + | Bill Summary |
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| 17 | + | (Note: This summary applies to this bill as introduced and does |
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| 18 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 19 | + | passes third reading in the house of introduction, a bill summary that |
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| 20 | + | applies to the reengrossed version of this bill will be available at |
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| 21 | + | http://leg.colorado.gov |
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| 22 | + | .) |
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| 23 | + | The bill creates the "Model Rebate Reform Act" to modernize the |
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| 24 | + | law concerning insurance rebates by recognizing new insurance products |
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| 25 | + | while maintaining necessary consumer protections. The bill allows an |
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| 26 | + | insurer or insurance producer to give a gift valued under $250 in |
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| 27 | + | connection with the marketing, purchase, or retention of an insurance |
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| 28 | + | HOUSE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | April 1, 2025 |
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| 31 | + | HOUSE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | March 31, 2025 |
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| 34 | + | SENATE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | March 4, 2025 |
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| 37 | + | SENATE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | March 3, 2025 |
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| 40 | + | SENATE SPONSORSHIP |
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| 41 | + | Snyder, Michaelson Jenet, Mullica |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Rydin and Gonzalez R., Bacon, Brown, Clifford, Duran, Hamrick, Keltie, Marshall |
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| 44 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 45 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 46 | + | Dashes through the words or numbers indicate deletions from existing law. contract and to conduct a free raffle or drawing with prizes valued up to |
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| 47 | + | $500. |
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| 48 | + | Additionally, the bill provides that an insurer or insurance |
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| 49 | + | producer may give a free or discounted product or service in conjunction |
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| 50 | + | with or related to an insurance contract if the product or service: |
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| 51 | + | ! Is intended to educate about, assess, monitor, control, |
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| 52 | + | mitigate, or protect an individual against loss of life, health, |
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| 53 | + | or property; or |
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| 54 | + | ! Has a nexus to or enhances the value of the insurance |
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| 55 | + | benefits. |
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| 56 | + | Next, the bill provides that an insurer or insurance producer may |
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| 57 | + | provide an additional free or discounted service if the service is at least |
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| 58 | + | tangentially related to an insurance contract or the administration of an |
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| 59 | + | insurance contract, the receipt of the service is not contingent on the |
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| 60 | + | purchase of insurance, and the service is offered on the same terms to all |
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| 61 | + | potential insurance customers. Before the purchase of insurance, receipt |
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| 62 | + | of a quote for insurance, or designation of an agent of record, the insurer |
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| 63 | + | or insurance producer providing the service shall disclose in writing to the |
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| 64 | + | recipient that receipt of the service is not contingent on the purchase of |
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| 65 | + | insurance. |
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| 66 | + | Lastly, the bill permits the commissioner of insurance to adopt |
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| 67 | + | rules as necessary to effectuate the provisions of the bill, including |
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| 68 | + | adjusting the financial limitations on gifts and prizes as necessary for |
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| 69 | + | inflation. |
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| 70 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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13 | | - | (1)(g) and (2) introductory portion; and add (2)(e), (2.1), (2.2), (2.3), (2.4), |
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14 | | - | (2.5), (2.6), (2.7), and (6) as follows: |
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15 | | - | 10-3-1104. Unfair methods of competition - unfair or deceptive |
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16 | | - | practices - rules - definitions. (1) The following are defined as unfair |
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17 | | - | methods of competition and unfair or deceptive acts or practices in the |
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18 | | - | business of insurance: |
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| 72 | + | 2 |
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| 73 | + | (1)(g) and (2) introductory portion; and add (2)(e), (2.1), (2.2), (2.3),3 |
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| 74 | + | (2.4), (2.5), (2.6), (2.7), and (6) as follows:4 |
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| 75 | + | 10-3-1104. Unfair methods of competition - unfair or deceptive5 |
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| 76 | + | practices - rules - definitions. (1) The following are defined as unfair6 |
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| 77 | + | methods of competition and unfair or deceptive acts or practices in the7 |
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| 78 | + | business of insurance:8 |
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21 | | - | AS |
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22 | | - | otherwise expressly provided by law, knowingly permitting, or offering |
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23 | | - | to make, or making any contract of insurance or agreement as to such |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. contract, other than as plainly expressed in the insurance contract issued |
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32 | | - | thereon, or paying, or allowing, or giving, or offering to pay, allow, or give, |
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33 | | - | directly or indirectly, as inducement to such insurance or annuity, any rebate |
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34 | | - | of premiums payable on the contract, or any special favor or advantage in |
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35 | | - | the dividends or other benefits thereon |
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36 | | - | ON THE CONTRACT OR ANNUITY , or |
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37 | | - | any valuable consideration or inducement whatever not specified in the |
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38 | | - | contract; or giving, or |
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39 | | - | selling, or purchasing, or offering to give, sell, or |
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40 | | - | purchase, as inducement to such insurance contract or annuity or in |
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41 | | - | connection therewith |
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42 | | - | WITH THE INSURANCE CONTRACT OR ANNUITY , any |
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43 | | - | stocks, bonds, or other securities of any insurance company or other |
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44 | | - | corporation, association, or partnership, or any dividends or profits accrued |
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45 | | - | thereon |
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46 | | - | ON THE STOCKS, BONDS, OR OTHER SECURITIES, or anything of value |
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47 | | - | whatsoever not specified in the contract; |
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48 | | - | (2) Nothing in paragraph (f) or (g) of subsection (1) SUBSECTION |
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49 | | - | (1)(f) OR (1)(g) of this section shall be construed as including within the |
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50 | | - | definition of discrimination or rebates any of the following practices: |
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| 81 | + | 9 |
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| 82 | + | AS otherwise expressly provided by law, knowingly permitting, or10 |
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| 83 | + | offering to make, or making any contract of insurance or agreement as to11 |
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| 84 | + | 058-2- such contract, other than as plainly expressed in the insurance contract1 |
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| 85 | + | issued thereon, or paying, or allowing, or giving, or offering to pay,2 |
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| 86 | + | allow, or give, directly or indirectly, as inducement to such insurance or3 |
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| 87 | + | annuity, any rebate of premiums payable on the contract, or any special4 |
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| 88 | + | favor or advantage in the dividends or other benefits thereon ON THE5 |
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| 89 | + | CONTRACT OR ANNUITY , or any valuable consideration or inducement6 |
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| 90 | + | whatever not specified in the contract; or giving, or selling, or purchasing,7 |
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| 91 | + | or offering to give, sell, or purchase, as inducement to such insurance8 |
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| 92 | + | contract or annuity or in connection therewith WITH THE INSURANCE9 |
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| 93 | + | CONTRACT OR ANNUITY , any stocks, bonds, or other securities of any10 |
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| 94 | + | insurance company or other corporation, association, or partnership, or11 |
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| 95 | + | any dividends or profits accrued thereon ON THE STOCKS, BONDS, OR12 |
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| 96 | + | OTHER SECURITIES, or anything of value whatsoever not specified in the13 |
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| 97 | + | contract;14 |
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| 98 | + | (2) Nothing in paragraph (f) or (g) of subsection (1) SUBSECTION15 |
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| 99 | + | (1)(f) |
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| 100 | + | OR (1)(g) of this section shall be construed as including within the |
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| 101 | + | 16 |
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| 102 | + | definition of discrimination or rebates any of the following practices:17 |
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147 | | - | A MEAL OR CHARITABLE DONATION |
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148 | | - | , TO OR ON BEHALF OF A CUSTOMER IN |
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149 | | - | CONNECTION WITH THE MARKETING |
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150 | | - | , SALE, PURCHASE, OR RETENTION OF AN |
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151 | | - | INSURANCE CONTRACT IF THE COST DOES NOT EXCEED AN AMOUNT |
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152 | | - | DETERMINED TO BE REASONABLE BY THE COMMISSIONER PER POLICY YEAR |
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153 | | - | PER TERM |
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154 | | - | ; OR |
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155 | | - | (II) OFFER OR GIVE A NONCASH GIFT, ITEM, OR SERVICE, INCLUDING |
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156 | | - | A MEAL OR CHARITABLE DONATION |
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157 | | - | , TO OR ON BEHALF OF A CUSTOMER , |
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158 | | - | INCLUDING A COMMERCIAL OR INSTITUTIONAL CUSTOMER , IN CONNECTION |
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159 | | - | WITH THE MARKETING |
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160 | | - | , SALE, PURCHASE, OR RETENTION OF AN INSURANCE |
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161 | | - | CONTRACT IF |
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162 | | - | : |
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| 205 | + | 20 |
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| 206 | + | A MEAL OR CHARITABLE DONATION , TO OR ON BEHALF OF A CUSTOMER IN21 |
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| 207 | + | CONNECTION WITH THE MARKETING , SALE, PURCHASE, OR RETENTION OF22 |
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| 208 | + | AN INSURANCE CONTRACT IF THE COST DOES NOT EXCEED AN AMOUNT23 |
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| 209 | + | DETERMINED TO BE REASONABLE BY THE COMMISSIONER PER POLICY YEAR24 |
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| 210 | + | PER TERM; OR25 |
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| 211 | + | (II) O |
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| 212 | + | FFER OR GIVE A NONCASH GIFT , ITEM, OR SERVICE, |
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| 213 | + | 26 |
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| 214 | + | INCLUDING A MEAL OR CHARITABLE DONATION , TO OR ON BEHALF OF A27 |
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| 215 | + | 058 |
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| 216 | + | -5- CUSTOMER, INCLUDING A COMMERCIAL OR INSTITUTIONAL CUSTOMER , IN1 |
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| 217 | + | CONNECTION WITH THE MARKETING , SALE, PURCHASE, OR RETENTION OF2 |
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| 218 | + | AN INSURANCE CONTRACT IF:3 |
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206 | | - | SECTION |
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207 | | - | 10-2-103 (6). |
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208 | | - | SECTION 2. Act subject to petition - effective date - |
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209 | | - | applicability. (1) This act takes effect at 12:01 a.m. on the day following |
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210 | | - | the expiration of the ninety-day period after final adjournment of the |
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211 | | - | general assembly; except that, if a referendum petition is filed pursuant to |
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212 | | - | section 1 (3) of article V of the state constitution against this act or an item, |
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213 | | - | section, or part of this act within such period, then the act, item, section, or |
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214 | | - | part will not take effect unless approved by the people at the general |
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215 | | - | election to be held in November 2026 and, in such case, will take effect on |
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216 | | - | the date of the official declaration of the vote thereon by the governor. |
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217 | | - | PAGE 5-SENATE BILL 25-058 (2) This act applies to conduct occurring on or after the applicable |
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218 | | - | effective date of this act. |
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219 | | - | ____________________________ ____________________________ |
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220 | | - | James Rashad Coleman, Sr. Julie McCluskie |
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221 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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222 | | - | THE SENATE OF REPRESENTATIVES |
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223 | | - | ____________________________ ____________________________ |
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224 | | - | Esther van Mourik Vanessa Reilly |
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225 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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226 | | - | THE SENATE OF REPRESENTATIVES |
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227 | | - | APPROVED________________________________________ |
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228 | | - | (Date and Time) |
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229 | | - | _________________________________________ |
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230 | | - | Jared S. Polis |
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231 | | - | GOVERNOR OF THE STATE OF COLORADO |
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232 | | - | PAGE 6-SENATE BILL 25-058 |
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| 264 | + | 27 |
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| 265 | + | 058 |
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| 266 | + | -6- SECTION 10-2-103 (6).1 |
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| 267 | + | SECTION 2. Act subject to petition - effective date -2 |
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| 268 | + | applicability. (1) This act takes effect at 12:01 a.m. on the day following3 |
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| 269 | + | the expiration of the ninety-day period after final adjournment of the4 |
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| 270 | + | general assembly; except that, if a referendum petition is filed pursuant5 |
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| 271 | + | to section 1 (3) of article V of the state constitution against this act or an6 |
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| 272 | + | item, section, or part of this act within such period, then the act, item,7 |
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| 273 | + | section, or part will not take effect unless approved by the people at the8 |
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| 274 | + | general election to be held in November 2026 and, in such case, will take9 |
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| 275 | + | effect on the date of the official declaration of the vote thereon by the10 |
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| 276 | + | governor.11 |
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| 277 | + | (2) This act applies to conduct occurring on or after the applicable12 |
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| 278 | + | effective date of this act.13 |
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| 279 | + | 058 |
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| 280 | + | -7- |
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