11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING THE RIGHT OF A CONSUMER TO CANCEL AUTOMATIC101 |
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14 | 14 | | RENEWAL CONTRACTS ONLINE .102 |
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15 | 15 | | Bill Summary |
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16 | 16 | | (Note: This summary applies to this bill as introduced and does |
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17 | 17 | | not reflect any amendments that may be subsequently adopted. If this bill |
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18 | 18 | | passes third reading in the house of introduction, a bill summary that |
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19 | 19 | | applies to the reengrossed version of this bill will be available at |
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20 | 20 | | http://leg.colorado.gov |
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21 | 21 | | .) |
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22 | 22 | | Under current law, if a consumer consents to an automatic renewal |
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23 | 23 | | contract for a good or service through an online medium, the person that |
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24 | 24 | | sells the good or service may provide the consumer with an opportunity |
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25 | 25 | | to cancel the automatic renewal contract either online or in person. |
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26 | 26 | | The bill changes this provision to state that the person that sells the |
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27 | 27 | | good or service is required to provide the consumer with an opportunity |
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31 | 28 | | SENATE |
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32 | 29 | | 3rd Reading Unamended |
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33 | 30 | | March 21, 2025 |
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34 | 31 | | SENATE |
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35 | 32 | | Amended 2nd Reading |
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36 | 33 | | March 20, 2025 |
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37 | 34 | | SENATE SPONSORSHIP |
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38 | 35 | | Kipp, Amabile, Ball, Bridges, Coleman, Cutter, Gonzales J., Hinrichsen, Jodeh, Kolker, |
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39 | 36 | | Michaelson Jenet, Roberts, Snyder, Wallace, Weissman, Winter F. |
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40 | 37 | | HOUSE SPONSORSHIP |
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41 | 38 | | Lindsay and Zokaie, Hamrick |
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42 | 39 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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43 | 40 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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44 | 41 | | Dashes through the words or numbers indicate deletions from existing law. to cancel the automatic renewal contract online if the consumer consented |
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45 | 42 | | to the automatic renewal contract through an online medium. |
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46 | 43 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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47 | | - | SECTION 1. In Colorado Revised Statutes, 6-1-732, amend2 |
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48 | | - | (1)(d); repeal and reenact, with amendments, (2)(d); and add (1)(d.7),3 |
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49 | | - | (2.5), and (7) as follows:4 |
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| 44 | + | SECTION 1. In Colorado Revised Statutes, 6-1-732, repeal and2 |
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| 45 | + | reenact, with amendments, (2)(d); and add (1)(d.7), (2.5), and (7) as3 |
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| 46 | + | follows:4 |
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59 | | - | 12 |
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60 | | - | METHOD OF CANCELLATION THAT DOES NOT REQUIRE ADDITIONAL ACTION13 |
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61 | | - | FROM THE CONSUMER WHICH OBST RUCTS OR DELAYS THE CONSUMER 'S14 |
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62 | | - | ABILITY TO TERMINATE AN AUTOMATIC RENEWAL CONTRACT OR15 |
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63 | | - | CONTINUOUS SERVICE IMMEDIATELY .16 |
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64 | | - | (2) It is unlawful for a person that offers an automatic renewal17 |
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65 | | - | contract to a consumer in this state to:18 |
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| 53 | + | 9 |
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| 54 | + | METHOD OF CANCELLATION THAT DOES NOT REQUIRE ADDITIONAL ACTION10 |
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| 55 | + | FROM THE CONSUMER WHICH OBST RUCTS OR DELAYS THE CONSUMER 'S11 |
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| 56 | + | ABILITY TO TERMINATE AN AUTOMATIC RENEWAL CONTRACT OR12 |
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| 57 | + | CONTINUOUS SERVICE IMMEDIATELY .13 |
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| 58 | + | (2) It is unlawful for a person that offers an automatic renewal14 |
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| 59 | + | contract to a consumer in this state to:15 |
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67 | | - | AIL TO PROVIDE A SIMPLE , COST-EFFECTIVE, TIMELY,19 |
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68 | | - | EASY-TO-USE, AND READILY ACCESSIBLE MECHANISM FOR CANCELING AN20 |
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69 | | - | AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD OFFER . A PERSON IS21 |
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70 | | - | DEEMED TO COMPLY WITH THIS SUBSECTION (2)(d) IF THE PERSON OFFERS:22 |
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| 61 | + | AIL TO PROVIDE A SIMPLE , COST-EFFECTIVE, TIMELY,16 |
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| 62 | + | EASY-TO-USE, AND READILY ACCESSIBLE MECHANISM FOR CANCELING AN17 |
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| 63 | + | AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD OFFER . A PERSON IS18 |
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| 64 | + | DEEMED TO COMPLY WITH THIS SUBSECTION (2)(d) IF THE PERSON OFFERS:19 |
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72 | | - | A ONE-STEP ONLINE CANCELLATION LINK TO A CONSUMER WHO23 |
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73 | | - | CONSENTED TO THE AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD24 |
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74 | | - | OFFER THROUGH A WEBSITE OR OTHER ONLINE MEDIUM OR THROUGH AN25 |
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75 | | - | 145-2- ELECTRONIC COMMUNICATION , AND THE ONE-STEP ONLINE CANCELLATION1 |
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76 | | - | LINK IS:2 |
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| 66 | + | A ONE-STEP ONLINE CANCELLATION LINK TO A CONSUMER WHO20 |
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| 67 | + | CONSENTED TO THE AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD21 |
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| 68 | + | OFFER THROUGH A WEBSITE OR OTHER ONLINE MEDIUM OR THROUGH AN22 |
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| 69 | + | ELECTRONIC COMMUNICATION , AND THE ONE-STEP ONLINE CANCELLATION23 |
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| 70 | + | LINK IS:24 |
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87 | | - | NE OF THE FOLLOWING MEANS OF CANCELING THE10 |
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88 | | - | AUTOMATIC RENEWAL CONTRACT TO THE CONSUMER IF THE CONSUMER11 |
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89 | | - | CONSENTED TO THE AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD12 |
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90 | | - | OFFER THROUGH MEANS OTHER THAN THOSE LISTED IN SUBSECTION13 |
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| 81 | + | NE OF THE FOLLOWING MEANS OF CANCELING THE7 |
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| 82 | + | AUTOMATIC RENEWAL CONTRACT TO THE CONSUMER IF THE CONSUMER8 |
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| 83 | + | CONSENTED TO THE AUTOMATIC RENEWAL CONTRACT OR TRIAL PERIOD9 |
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| 84 | + | OFFER THROUGH MEANS OTHER THAN THOSE LISTED IN SUBSECTION10 |
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94 | | - | ONE-STEP ONLINE CANCELLATION LINK THAT IS LOCATED ON15 |
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95 | | - | THE PERSON'S WEBSITE OR CONTAINED IN AN ELECTRONIC DEVICE OR16 |
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96 | | - | SERVICE OR AN ELECTRONIC COMMUNICATION MADE TO THE CONSUMER17 |
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97 | | - | AND AVAILABLE TO THE CONSUMER IMMEDIATELY AFTER THE CONSUMER18 |
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98 | | - | COMPLETES A REASONABLE AUTHENTICATION PROTOCOL USED SOLELY TO19 |
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99 | | - | CONFIRM THAT THE CONSUMER IS AUTHORIZED TO MAKE CHANGES TO THE20 |
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100 | | - | ACCOUNT; OR21 |
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| 88 | + | ONE-STEP ONLINE CANCELLATION LINK THAT IS LOCATED ON12 |
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| 89 | + | THE PERSON'S WEBSITE OR CONTAINED IN AN ELECTRONIC DEVICE OR13 |
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| 90 | + | SERVICE OR AN ELECTRONIC COMMUNICATION MADE TO THE CONSUMER14 |
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| 91 | + | AND AVAILABLE TO THE CONSUMER IMMEDIATELY AFTER THE CONSUMER15 |
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| 92 | + | COMPLETES A REASONABLE AUTHENTICATION PROTOCOL USED SOLELY TO16 |
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| 93 | + | CONFIRM THAT THE CONSUMER IS AUTHORIZED TO MAKE CHANGES TO THE17 |
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| 94 | + | ACCOUNT; OR18 |
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102 | | - | N IN-PERSON MECHANISM FOR CANCELING AN AUTOMATIC22 |
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103 | | - | RENEWAL CONTRACT OR TRIAL PERIOD OFFER THAT IS AT A PHYSICAL23 |
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104 | | - | LOCATION WHERE THE CONSUMER REGULARLY UTILIZES ANY GOODS OR24 |
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105 | | - | SERVICES THAT ARE SUBJECT TO THE AUTOMATIC RENEWAL CONTRACT25 |
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106 | | - | AND SATISFIES THE REQUIREMENTS OF THIS SUBSECTION (2)(d).26 |
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| 96 | + | N IN-PERSON MECHANISM FOR CANCELING AN AUTOMATIC19 |
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| 97 | + | RENEWAL CONTRACT OR TRIAL PERIOD OFFER THAT IS AT A PHYSICAL20 |
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| 98 | + | LOCATION WHERE THE CONSUMER REGULARLY UTILIZES ANY GOODS OR21 |
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| 99 | + | SERVICES THAT ARE SUBJECT TO THE AUTOMATIC RENEWAL CONTRACT22 |
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| 100 | + | AND SATISFIES THE REQUIREMENTS OF THIS SUBSECTION (2)(d).23 |
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111 | | - | -3- RENEWAL CONTRACT BY AN ONLINE SYSTEM , A PERSON MAY DISPLAY A1 |
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112 | | - | DISCOUNTED OFFER, A RETENTION BENEFIT, OR INFORMATION REGARDING2 |
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113 | | - | THE EFFECTS OF CANCELLATION IF THE BUSINESS SIMULTANEOUSLY3 |
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114 | | - | DISPLAYS A PROMINENTLY LOCATED AND CONTINUOUSLY PROXIMATE4 |
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115 | | - | DIRECT LINK TO CANCEL ALONGSIDE THE PRESENTATION OF THE5 |
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116 | | - | DISCOUNTED OFFER, RETENTION BENEFIT, OR INFORMATION REGARDING6 |
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117 | | - | THE EFFECTS OF CANCELLATION. IF THE CONSUMER UTILIZES THE DIRECT7 |
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118 | | - | LINK TO CANCEL, THE BUSINESS SHALL PROMPTLY PROCESS THE8 |
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119 | | - | CANCELLATION AND SHALL NOT OTHERWISE OBSTRUCT OR DELAY THE9 |
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120 | | - | CONSUMER'S REQUEST TO CANCEL.10 |
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| 108 | + | -3- DISPLAYS A PROMINENTLY LOCATED AND CONTINUOUSLY PROXIMATE1 |
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| 109 | + | DIRECT LINK TO CANCEL ALONGSIDE THE PRESENTATION OF THE2 |
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| 110 | + | DISCOUNTED OFFER, RETENTION BENEFIT, OR INFORMATION REGARDING3 |
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| 111 | + | THE EFFECTS OF CANCELLATION. IF THE CONSUMER UTILIZES THE DIRECT4 |
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| 112 | + | LINK TO CANCEL, THE BUSINESS SHALL PROMPTLY PROCESS THE5 |
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| 113 | + | CANCELLATION AND SHALL NOT OTHERWISE OBSTRUCT OR DELAY THE6 |
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| 114 | + | CONSUMER'S REQUEST TO CANCEL.7 |
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123 | | - | 11 |
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124 | | - | FOR THE PURPOSE OF IMPLEMENTING AND ENFORCING THIS SECTION .12 |
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125 | | - | SECTION 2. Act subject to petition - effective date -13 |
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126 | | - | applicability. (1) Section 6-1-732 (1)(d), Colorado Revised Statutes, as14 |
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127 | | - | enacted in section 1 of this act, takes effect February 16, 2026, and the15 |
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128 | | - | remainder of the act takes effect at 12:01 a.m. on the day following the16 |
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129 | | - | expiration of the ninety-day period after final adjournment of the general17 |
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130 | | - | assembly; except that, if a referendum petition is filed pursuant to section18 |
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131 | | - | 1 (3) of article V of the state constitution against this act or an item,19 |
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132 | | - | section, or part of this act within such period, then the act, item, section,20 |
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133 | | - | or part will not take effect unless approved by the people at the general21 |
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134 | | - | election to be held in November 2026 and, in such case, will take effect22 |
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135 | | - | on the date of the official declaration of the vote thereon by the governor.23 |
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136 | | - | (2) This act applies to automatic renewal contracts offered or24 |
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137 | | - | renewed on or after the applicable effective date of this act.25 |
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| 117 | + | 8 |
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| 118 | + | FOR THE PURPOSE OF IMPLEMENTING AND ENFORCING THIS SECTION .9 |
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| 119 | + | SECTION 2. Act subject to petition - effective date -10 |
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| 120 | + | applicability. (1) This act takes effect at 12:01 a.m. on the day following11 |
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| 121 | + | the expiration of the ninety-day period after final adjournment of the12 |
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| 122 | + | general assembly; except that, if a referendum petition is filed pursuant13 |
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| 123 | + | to section 1 (3) of article V of the state constitution against this act or an14 |
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| 124 | + | item, section, or part of this act within such period, then the act, item,15 |
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| 125 | + | section, or part will not take effect unless approved by the people at the16 |
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| 126 | + | general election to be held in November 2026 and, in such case, will take17 |
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| 127 | + | effect on the date of the official declaration of the vote thereon by the18 |
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| 128 | + | governor.19 |
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| 129 | + | (2) This act applies to automatic renewal contracts offered or20 |
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| 130 | + | renewed on or after the applicable effective date of this act.21 |
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