Colorado 2025 Regular Session

Colorado Senate Bill SB058 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0364.01 Renee Leone x2695
18 SENATE BILL 25-058
2-BY SENATOR(S) Snyder, Michaelson Jenet, Mullica;
3-also REPRESENTATIVE(S) Rydin and Gonzalez R., Bacon, Brown,
4-Clifford, Duran, Hamrick, Keltie, Marshall.
9+Senate Committees House Committees
10+Health & Human Services Business Affairs & Labor
11+A BILL FOR AN ACT
512 C
6-ONCERNING A MODEL ACT TO PROVIDE A FRAMEWORK THAT ALLOWS
7-INSURANCE COMPANIES TO GIVE REBATES THAT MEET SPECIFIED
8-CRITERIA TO MAINTAIN CONSUMER PROTECTIONS
9-.
10-
11-Be it enacted by the General Assembly of the State of Colorado:
13+ONCERNING A MODEL ACT TO PROVIDE A FRAMEWORK THAT ALLOWS101
14+INSURANCE COMPANIES TO GIVE REBATES THAT MEET SPECIFIED102
15+CRITERIA TO MAINTAIN CONSUMER PROTECTIONS .103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill creates the "Model Rebate Reform Act" to modernize the
24+law concerning insurance rebates by recognizing new insurance products
25+while maintaining necessary consumer protections. The bill allows an
26+insurer or insurance producer to give a gift valued under $250 in
27+connection with the marketing, purchase, or retention of an insurance
28+HOUSE
29+3rd Reading Unamended
30+April 1, 2025
31+HOUSE
32+Amended 2nd Reading
33+March 31, 2025
34+SENATE
35+3rd Reading Unamended
36+March 4, 2025
37+SENATE
38+Amended 2nd Reading
39+March 3, 2025
40+SENATE SPONSORSHIP
41+Snyder, Michaelson Jenet, Mullica
42+HOUSE SPONSORSHIP
43+Rydin and Gonzalez R., Bacon, Brown, Clifford, Duran, Hamrick, Keltie, Marshall
44+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
45+Capital letters or bold & italic numbers indicate new material to be added to existing law.
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
47+$500.
48+Additionally, the bill provides that an insurer or insurance
49+producer may give a free or discounted product or service in conjunction
50+with or related to an insurance contract if the product or service:
51+! Is intended to educate about, assess, monitor, control,
52+mitigate, or protect an individual against loss of life, health,
53+or property; or
54+! Has a nexus to or enhances the value of the insurance
55+benefits.
56+Next, the bill provides that an insurer or insurance producer may
57+provide an additional free or discounted service if the service is at least
58+tangentially related to an insurance contract or the administration of an
59+insurance contract, the receipt of the service is not contingent on the
60+purchase of insurance, and the service is offered on the same terms to all
61+potential insurance customers. Before the purchase of insurance, receipt
62+of a quote for insurance, or designation of an agent of record, the insurer
63+or insurance producer providing the service shall disclose in writing to the
64+recipient that receipt of the service is not contingent on the purchase of
65+insurance.
66+Lastly, the bill permits the commissioner of insurance to adopt
67+rules as necessary to effectuate the provisions of the bill, including
68+adjusting the financial limitations on gifts and prizes as necessary for
69+inflation.
70+Be it enacted by the General Assembly of the State of Colorado:1
1271 SECTION 1. In Colorado Revised Statutes, 10-3-1104, amend
13-(1)(g) and (2) introductory portion; and add (2)(e), (2.1), (2.2), (2.3), (2.4),
14-(2.5), (2.6), (2.7), and (6) as follows:
15-10-3-1104. Unfair methods of competition - unfair or deceptive
16-practices - rules - definitions. (1) The following are defined as unfair
17-methods of competition and unfair or deceptive acts or practices in the
18-business of insurance:
72+2
73+(1)(g) and (2) introductory portion; and add (2)(e), (2.1), (2.2), (2.3),3
74+(2.4), (2.5), (2.6), (2.7), and (6) as follows:4
75+10-3-1104. Unfair methods of competition - unfair or deceptive5
76+practices - rules - definitions. (1) The following are defined as unfair6
77+methods of competition and unfair or deceptive acts or practices in the7
78+business of insurance:8
1979 (g) Rebates: Except as
2080 OTHERWISE PROVIDED IN THIS SECTION AND
21-AS
22- otherwise expressly provided by law, knowingly permitting, or offering
23-to make, or making any contract of insurance or agreement as to such
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. contract, other than as plainly expressed in the insurance contract issued
32-thereon, or paying, or allowing, or giving, or offering to pay, allow, or give,
33-directly or indirectly, as inducement to such insurance or annuity, any rebate
34-of premiums payable on the contract, or any special favor or advantage in
35-the dividends or other benefits thereon
36- ON THE CONTRACT OR ANNUITY , or
37-any valuable consideration or inducement whatever not specified in the
38-contract; or giving, or
39- selling, or purchasing, or offering to give, sell, or
40-purchase, as inducement to such insurance contract or annuity or in
41-connection therewith
42- WITH THE INSURANCE CONTRACT OR ANNUITY , any
43-stocks, bonds, or other securities of any insurance company or other
44-corporation, association, or partnership, or any dividends or profits accrued
45-thereon
46- ON THE STOCKS, BONDS, OR OTHER SECURITIES, or anything of value
47-whatsoever not specified in the contract;
48-(2) Nothing in paragraph (f) or (g) of subsection (1) SUBSECTION
49-(1)(f) OR (1)(g) of this section shall be construed as including within the
50-definition of discrimination or rebates any of the following practices:
81+9
82+AS otherwise expressly provided by law, knowingly permitting, or10
83+offering to make, or making any contract of insurance or agreement as to11
84+058-2- such contract, other than as plainly expressed in the insurance contract1
85+issued thereon, or paying, or allowing, or giving, or offering to pay,2
86+allow, or give, directly or indirectly, as inducement to such insurance or3
87+annuity, any rebate of premiums payable on the contract, or any special4
88+favor or advantage in the dividends or other benefits thereon ON THE5
89+CONTRACT OR ANNUITY , or any valuable consideration or inducement6
90+whatever not specified in the contract; or giving, or selling, or purchasing,7
91+or offering to give, sell, or purchase, as inducement to such insurance8
92+contract or annuity or in connection therewith WITH THE INSURANCE9
93+CONTRACT OR ANNUITY , any stocks, bonds, or other securities of any10
94+insurance company or other corporation, association, or partnership, or11
95+any dividends or profits accrued thereon ON THE STOCKS, BONDS, OR12
96+OTHER SECURITIES, or anything of value whatsoever not specified in the13
97+contract;14
98+(2) Nothing in paragraph (f) or (g) of subsection (1) SUBSECTION15
99+(1)(f)
100+OR (1)(g) of this section shall be construed as including within the
101+16
102+definition of discrimination or rebates any of the following practices:17
51103 (e) O
52104 FFERING OR PROVIDING, BY OR THROUGH AN EMPLOYEE ,
53-AFFILIATE, OR THIRD-PARTY REPRESENTATIVE OF AN INSURER OR INSURANCE
54-PRODUCER
55-, A VALUE-ADDED PRODUCT OR SERVICE AT NO COST OR REDUCED
56-COST
57-, WHEN THE PRODUCT OR SERVICE IS NOT SPECIFIED IN THE INSURANCE
58-POLICY
59-, IF THE PRODUCT OR SERVICE:
105+18
106+AFFILIATE, OR THIRD-PARTY REPRESENTATIVE OF AN INSURER OR19
107+INSURANCE PRODUCER, A VALUE-ADDED PRODUCT OR SERVICE AT NO COST20
108+OR REDUCED COST, WHEN THE PRODUCT OR SERVICE IS NOT SPECIFIED IN21
109+THE INSURANCE POLICY, IF THE PRODUCT OR SERVICE:22
60110 (I) R
61111 ELATES TO THE INSURANCE COVERAGE ; AND
62-(II) IS PRIMARILY AIMED TO ACHIEVE ONE OR MORE OF THE
63-FOLLOWING
64-:
112+23
113+(II) I
114+S PRIMARILY AIMED TO ACHIEVE ONE OR MORE OF THE
115+24
116+FOLLOWING:25
65117 (A) P
66118 ROVIDE LOSS MITIGATION OR LOSS CONTROL ;
119+26
67120 (B) R
68121 EDUCE CLAIM COSTS OR CLAIM SETTLEMENT COSTS ;
69-(C) P
70-ROVIDE EDUCATION ABOUT LIABILITY RISK OR RISK OF LOSS TO
71-INDIVIDUALS OR PROPERTY
72-;
122+27
123+058
124+-3- (C) PROVIDE EDUCATION ABOUT LIABILITY RISK OR RISK OF LOSS1
125+TO INDIVIDUALS OR PROPERTY;2
73126 (D) M
74127 ONITOR OR ASSESS RISK, IDENTIFY SOURCES OF RISK, OR
75-DEVELOP STRATEGIES FOR ELIMINATING OR REDUCING RISK
76-;
128+3
129+DEVELOP STRATEGIES FOR ELIMINATING OR REDUCING RISK ;4
77130 (E) E
78131 NHANCE HEALTH;
79-PAGE 2-SENATE BILL 25-058 (F) PROMOTE FINANCIAL WELLNESS THROUGH ITEMS SUCH AS
80-EDUCATIONAL OR FINANCIAL PLANNING SERVICES
81-;
132+5
133+(F) P
134+ROMOTE FINANCIAL WELLNESS THROUGH ITEMS SUCH AS
135+6
136+EDUCATIONAL OR FINANCIAL PLANNING SERVICES ;7
82137 (G) P
83138 ROVIDE POST-LOSS SERVICES;
139+8
84140 (H) E
85-NCOURAGE BEHAVIORAL CHANGES TO IMPROVE THE HEALTH OR
86-REDUCE THE RISK OF DEATH OR DISABILITY OF A CUSTOMER
87-; OR
88-(I) ASSIST IN THE ADMINISTRATION OF EMPLOYEE OR RETIREE
89-BENEFIT INSURANCE COVERAGE
90-.
141+NCOURAGE BEHAVIORAL CHANGES TO IMPROVE THE HEALTH
142+9
143+OR REDUCE THE RISK OF DEATH OR DISABILITY OF A CUSTOMER ; OR10
144+(I) A
145+SSIST IN THE ADMINISTRATION OF EMPLOYEE OR RETIREE
146+11
147+BENEFIT INSURANCE COVERAGE .12
91148 (2.1) T
92-HE COST TO AN INSURER OR INSURANCE PRODUCER OFFERING
93-A PRODUCT OR SERVICE TO A CUSTOMER PURSUANT TO SUBSECTION
94- (2)(e)
95-OF THIS SECTION MUST BE REASONABLE IN COMPARISON TO THAT
96-CUSTOMER
97-'S PREMIUMS OR INSURANCE COVERAGE .
149+HE COST TO AN INSURER OR INSURANCE PRODUCER
150+13
151+OFFERING A PRODUCT OR SERVICE TO A CUSTOMER PURSUANT TO14
152+SUBSECTION (2)(e) OF THIS SECTION MUST BE REASONABLE IN15
153+COMPARISON TO THAT CUSTOMER 'S PREMIUMS OR INSURANCE COVERAGE .16
98154 (2.2) I
99155 F AN INSURER OR INSURANCE PRODUCER IS OFFERING A
100-PRODUCT OR SERVICE PURSUANT TO SUBSECTION
101- (2)(e) OF THIS SECTION,
102-THE INSURER OR INSURANCE PRODUCER SHALL PROVIDE A CUSTOMER WITH
103-CONTACT INFORMATION TO ASSIST THE CUSTOMER WITH QUESTIONS
104-REGARDING THE PRODUCT OR SERVICE
105-.
156+17
157+PRODUCT OR SERVICE PURSUANT TO SUBSECTION (2)(e) OF THIS SECTION,18
158+THE INSURER OR INSURANCE PRODUCER SHALL PROVIDE A CUSTOMER WITH19
159+CONTACT INFORMATION TO ASSIST THE CUSTOMER WITH QUESTIONS20
160+REGARDING THE PRODUCT OR SERVICE .21
106161 (2.3) T
107-O ENSURE CONSUMER PROTECTION WHILE IMPLEMENTING THE
108-PERMITTED PRACTICES SET FORTH IN SUBSECTION
109-(2) OF THIS SECTION, THE
110-COMMISSIONER MAY ADOPT RULES TO IMPLEMENT AND ENFORCE
111-SUBSECTIONS
112-(2) TO (2.7) OF THIS SECTION.
162+O ENSURE CONSUMER PROTECTION WHILE IMPLEMENTING
163+22
164+THE PERMITTED PRACTICES SET FORTH IN SUBSECTION (2) OF THIS SECTION,23
165+THE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT AND ENFORCE24
166+SUBSECTIONS (2) TO (2.7) OF THIS SECTION.25
113167 (2.4) T
114168 HE AVAILABILITY OF A PRODUCT OR SERVICE OFFERED
115-PURSUANT TO SUBSECTION
116- (2)(e) OF THIS SECTION MUST BE:
117-(a) B
118-ASED ON DOCUMENTED , OBJECTIVE CRITERIA THAT IS
119-MAINTAINED BY THE INSURER OR INSURANCE PRODUCER AND MUST BE
120-PRODUCED UPON REQUEST BY THE DIVISION
121-; AND
122-(b) OFFERED IN A MANNER THAT IS NOT UNFAIRLY DISCRIMINATORY .
169+26
170+PURSUANT TO SUBSECTION (2)(e) OF THIS SECTION MUST BE:27
171+058
172+-4- (a) BASED ON DOCUMENTED , OBJECTIVE CRITERIA THAT IS1
173+MAINTAINED BY THE INSURER OR INSURANCE PRODUCER AND MUST BE2
174+PRODUCED UPON REQUEST BY THE DIVISION ; AND3
175+(b) O
176+FFERED IN A MANNER THAT IS NOT UNFAIRLY
177+4
178+DISCRIMINATORY.5
123179 (2.5) (a) I
124180 F AN INSURER OR INSURANCE PRODUCER DOES NOT HAVE
125-SUFFICIENT EVIDENCE BUT HAS A GOOD FAITH BELIEF THAT A PR ODUCT OR
126-SERVICE MEETS THE CRITERIA SET FORTH IN SUBSECTIONS
127- (2)(e)(II)(A) TO
128-(2)(e)(II)(I) OF THIS SECTION, THE INSURER OR INSURANCE PRODUCER SHALL
129-PAGE 3-SENATE BILL 25-058 PROVIDE THE PRODUCT OR SERVICE IN A MANNER THAT IS NOT UNFAIRLY
130-DISCRIMINATORY AS PART OF A PILOT OR TESTING PROGRAM FOR NO MORE
131-THAN ONE YEAR
132-.
181+6
182+SUFFICIENT EVIDENCE BUT HAS A GOOD FAITH BELIEF THAT A PRODUCT OR7
183+SERVICE MEETS THE CRITERIA SET FORTH IN SUBSECTIONS (2)(e)(II)(A) TO8
184+(2)(e)(II)(I)
185+OF THIS SECTION, THE INSURER OR INSURANCE PRODUCER
186+9
187+SHALL PROVIDE THE PRODUCT OR SERVICE IN A MANNER THAT IS NOT10
188+UNFAIRLY DISCRIMINATORY AS PART OF A PILOT OR TESTING PROGRAM FOR11
189+NO MORE THAN ONE YEAR.12
133190 (b) (I) A
134191 N INSURER OR INSURANCE PRODUCER SHALL NOTIFY AND
135-RECEIVE APPROVAL FROM THE DIVISION FOR A PILOT OR TESTING PROGRAM
136-PRIOR TO LAUNCHING THE PROGRAM
137-.
192+13
193+RECEIVE APPROVAL FROM THE DIVISION FOR A PILOT OR TESTING PROGRAM14
194+PRIOR TO LAUNCHING THE PROGRAM .15
138195 (II) T
139196 HE DIVISION SHALL APPROVE OR DENY A PILOT OR TESTING
140-PROGRAM NO LATER THAN THIRTY DAYS AFTER RECEIVING NOTIFICATION
141-PURSUANT TO SUBSECTION
142-(2.5)(b)(I) OF THIS SECTION.
197+16
198+PROGRAM NO LATER THAN THIRTY DAYS AFTER RECEIVING NOTIFICATION17
199+PURSUANT TO SUBSECTION (2.5)(b)(I) OF THIS SECTION.18
143200 (2.6) (a) A
144201 N INSURER OR INSURANCE PRODUCER MAY :
202+19
145203 (I) O
146204 FFER OR GIVE A NONCASH GIFT, ITEM, OR SERVICE, INCLUDING
147-A MEAL OR CHARITABLE DONATION
148-, TO OR ON BEHALF OF A CUSTOMER IN
149-CONNECTION WITH THE MARKETING
150-, SALE, PURCHASE, OR RETENTION OF AN
151-INSURANCE CONTRACT IF THE COST DOES NOT EXCEED AN AMOUNT
152-DETERMINED TO BE REASONABLE BY THE COMMISSIONER PER POLICY YEAR
153-PER TERM
154-; OR
155-(II) OFFER OR GIVE A NONCASH GIFT, ITEM, OR SERVICE, INCLUDING
156-A MEAL OR CHARITABLE DONATION
157-, TO OR ON BEHALF OF A CUSTOMER ,
158-INCLUDING A COMMERCIAL OR INSTITUTIONAL CUSTOMER , IN CONNECTION
159-WITH THE MARKETING
160-, SALE, PURCHASE, OR RETENTION OF AN INSURANCE
161-CONTRACT IF
162-:
205+20
206+A MEAL OR CHARITABLE DONATION , TO OR ON BEHALF OF A CUSTOMER IN21
207+CONNECTION WITH THE MARKETING , SALE, PURCHASE, OR RETENTION OF22
208+AN INSURANCE CONTRACT IF THE COST DOES NOT EXCEED AN AMOUNT23
209+DETERMINED TO BE REASONABLE BY THE COMMISSIONER PER POLICY YEAR24
210+PER TERM; OR25
211+(II) O
212+FFER OR GIVE A NONCASH GIFT , ITEM, OR SERVICE,
213+26
214+INCLUDING A MEAL OR CHARITABLE DONATION , TO OR ON BEHALF OF A27
215+058
216+-5- CUSTOMER, INCLUDING A COMMERCIAL OR INSTITUTIONAL CUSTOMER , IN1
217+CONNECTION WITH THE MARKETING , SALE, PURCHASE, OR RETENTION OF2
218+AN INSURANCE CONTRACT IF:3
163219 (A) T
164220 HE COST IS REASONABLE IN COMPARISON TO THE PREMIUM OR
165-PROPOSED PREMIUM
166-; AND
167-(B) THE COST OF THE GIFT, ITEM, OR SERVICE IS NOT INCLUDED IN
168-ANY AMOUNT CHARGED TO ANOTHER PERSON OR ENTITY
169-.
221+4
222+PROPOSED PREMIUM; AND5
223+(B) T
224+HE COST OF THE GIFT, ITEM, OR SERVICE IS NOT INCLUDED IN
225+6
226+ANY AMOUNT CHARGED TO ANOTHER PERSON OR ENTITY .7
170227 (b) (I) A
171-NY OFFER OR GIFT MADE PURSUANT TO THIS SUBSECTION
172-(2.6) MUST BE OFFERED IN A MANNER THAT IS NOT UNFAIRLY
173-DISCRIMINATORY
174-.
228+NY
229+OFFER OR GIFT MADE PURSUANT TO THIS SUBSECTION8
230+(2.6)
231+ MUST BE OFFERED IN A MANNER THAT IS NOT UNFAIRLY
232+9
233+DISCRIMINATORY.10
175234 (II) A
176235 N INSURER OR INSURANCE PRODUCER SHALL NOT REQUIRE A
177-CUSTOMER TO PURCHASE
178-, CONTINUE, OR RENEW AN INSURANCE POLICY IN
179-EXCHANGE FOR A GIFT
180-, ITEM, OR SERVICE RECEIVED PURSUANT TO THIS
181-PAGE 4-SENATE BILL 25-058 SUBSECTION (2.6).
236+11
237+CUSTOMER TO PURCHASE, CONTINUE, OR RENEW AN INSURANCE POLICY IN12
238+EXCHANGE FOR A GIFT, ITEM, OR SERVICE RECEIVED PURSUANT TO THIS13
239+SUBSECTION (2.6).14
182240 (2.7) E
183-XCEPT AS APPLIED TO AN INSURER OR INSURANCE PRODUCER 'S
184-OFFER OF A VALUE
185--ADDED PRODUCT OR SERVICE , AN INSURER OR INSURANCE
186-PRODUCER SHALL NOT
187-:
241+XCEPT AS APPLIED TO AN INSURER OR INSURANCE
242+15
243+PRODUCER'S OFFER OF A VALUE-ADDED PRODUCT OR SERVICE, AN INSURER16
244+OR INSURANCE PRODUCER SHALL NOT :17
188245 (a) O
189246 FFER OR PROVIDE INSURANCE AS AN INDUCEMENT TO THE
190-PURCHASE OF ANOTHER POLICY
191-; OR
192-(b) USE THE WORDS "FREE" OR "NO COST" OR WORDS OF SIMILAR
193-IMPORT IN AN ADVERTISEMENT
194-.
247+18
248+PURCHASE OF ANOTHER POLICY ; OR19
249+(b) U
250+SE THE WORDS "FREE" OR "NO COST" OR WORDS OF SIMILAR
251+20
252+IMPORT IN AN ADVERTISEMENT.21
195253 (6) A
196254 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
197-REQUIRES
198-:
255+22
256+REQUIRES:23
199257 (a) "C
200258 USTOMER" INCLUDES A POLICYHOLDER , POTENTIAL
201-POLICYHOLDER
202-, CERTIFICATE HOLDER, POTENTIAL CERTIFICATE HOLDER ,
203-INSURED, POTENTIAL INSURED, OR APPLICANT.
259+24
260+POLICYHOLDER, CERTIFICATE HOLDER, POTENTIAL CERTIFICATE HOLDER,25
261+INSURED, POTENTIAL INSURED, OR APPLICANT.26
204262 (b) "I
205263 NSURANCE PRODUCER " HAS THE MEANING SET FORTH IN
206-SECTION
207-10-2-103 (6).
208-SECTION 2. Act subject to petition - effective date -
209-applicability. (1) This act takes effect at 12:01 a.m. on the day following
210-the expiration of the ninety-day period after final adjournment of the
211-general assembly; except that, if a referendum petition is filed pursuant to
212-section 1 (3) of article V of the state constitution against this act or an item,
213-section, or part of this act within such period, then the act, item, section, or
214-part will not take effect unless approved by the people at the general
215-election to be held in November 2026 and, in such case, will take effect on
216-the date of the official declaration of the vote thereon by the governor.
217-PAGE 5-SENATE BILL 25-058 (2) This act applies to conduct occurring on or after the applicable
218-effective date of this act.
219-____________________________ ____________________________
220-James Rashad Coleman, Sr. Julie McCluskie
221-PRESIDENT OF SPEAKER OF THE HOUSE
222-THE SENATE OF REPRESENTATIVES
223-____________________________ ____________________________
224-Esther van Mourik Vanessa Reilly
225-SECRETARY OF CHIEF CLERK OF THE HOUSE
226-THE SENATE OF REPRESENTATIVES
227- APPROVED________________________________________
228- (Date and Time)
229- _________________________________________
230- Jared S. Polis
231- GOVERNOR OF THE STATE OF COLORADO
232-PAGE 6-SENATE BILL 25-058
264+27
265+058
266+-6- SECTION 10-2-103 (6).1
267+SECTION 2. Act subject to petition - effective date -2
268+applicability. (1) This act takes effect at 12:01 a.m. on the day following3
269+the expiration of the ninety-day period after final adjournment of the4
270+general assembly; except that, if a referendum petition is filed pursuant5
271+to section 1 (3) of article V of the state constitution against this act or an6
272+item, section, or part of this act within such period, then the act, item,7
273+section, or part will not take effect unless approved by the people at the8
274+general election to be held in November 2026 and, in such case, will take9
275+effect on the date of the official declaration of the vote thereon by the10
276+governor.11
277+(2) This act applies to conduct occurring on or after the applicable12
278+effective date of this act.13
279+058
280+-7-