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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0715.01 Anna Petrini x5497 HOUSE BILL 26-1347
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING CHANGING PRACTICES RELATED TO FEDERAL BENEFITS101
FOR YOUTH IN FOSTER CARE.102
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.)
Under current law, a county department of human or social
services (county department) is required, beginning on or before July 1,
2027, to determine whether a child or youth who is in foster care (child
or youth) and who has a deceased parent may be eligible to receive
federal survivor benefits and to apply for and manage those benefits
under certain circumstances. Current law sets forth various survivor
HOUSE SPONSORSHIP
Gilchrist and Brown, Camacho, Clifford, Froelich, Stewart R., Willford
SENATE SPONSORSHIP
Daugherty and Ball,
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.
benefit application, accounting, and notice requirements for county
departments, which must save survivor benefit money in an account for
the individual child or youth in some cases.
The bill extends, beginning on or before July 1, 2028, certain
application, accounting, and notice provisions already in place for
survivor benefits to federal supplemental security income benefits (SSI),
which are monthly payments awarded to a child or youth with a disability
and limited resources. The bill adds requirements related to identifying
and documenting the disability of a child or youth in the child welfare
system. A county department must deposit amounts above the countable
resource threshold for SSI eligibility in a savings account specifically for
individuals with disabilities, established and maintained for the child or
youth in foster care. If a child or youth is receiving SSI, the county
department must document how the money is spent in the state's welfare
case management system.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-7-105, amend2
(1)(b) introductory portion, (2), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (4),3
(5)(a), (5)(b), (6)(a)(I), (6)(a)(II), (6)(a)(III), (8) introductory portion,4
(8)(b), (8)(c), (8)(h), and (9); and add (1)(d), (3)(a.5), (3)(c.5), (8)(a.5),5
(8)(g.5), and (10) as follows:6
19-7-105. Federal benefits for children and youth in foster7
care - rules - legislative intent - legislative declaration - definitions.8
(1) (b) The general assembly further declares its intent to ensure9
that ALL federal benefits, INCLUDING SURVIVOR BENEFITS AND DISABILITY10
BENEFITS, provided to children or youth in foster care are set aside11
specifically for the use of individual children or youth in foster care,12
thereby:13
(d) WITH RESPECT TO FEDERAL SUPPLEMENTAL SECURITY INCOME14
BENEFITS FOR WHICH A CHILD OR YOUTH QUALIFIES BASED ON DISABILITY,15
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:16
(I) A LL CHILDREN AND YOUTH ENTERING THE FOSTER CARE17
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SYSTEM BE SCREENED TO DETERMINE WHETHER THEY ARE ELIGIBLE FOR1
OR RECEIVING FEDERAL SUPPLEMENTAL SECURITY INCOME;2
(II) T RANSPARENCY REGARDING HOW FEDERAL SUPPLEMENTAL3
SECURITY INCOME IS BEING SPENT AND MANAGED ON BEHALF OF CHILDREN4
AND YOUTH IN THE FOSTER CARE SYSTEM BE INCREASED; AND5
(III) W ITH SUPPORT FROM THE STATE DEPARTMENT , COUNTY6
DEPARTMENTS IMPROVE THEIR CAPACITY AND CAPITALIZE ON COMMUNITY7
RESOURCES, INCLUDING BENEFIT PLANNERS, TO APPLY FOR AND MANAGE8
FEDERAL SUPPLEMENTAL SECURITY INCOME ON BEHALF OF CHILDREN AND9
YOUTH IN THE FOSTER CARE SYSTEM.10
(2) As used in this section, unless the context otherwise requires:11
(a) "C OST OF CARE " HAS THE MEANING SET FORTH IN SECTION12
19-1-103.13
(b) "FEDERAL SUPPLEMENTAL SECURITY INCOME" MEANS BENEFITS14
AUTHORIZED PURSUANT TO TITLE XVI OF THE FEDERAL "SOCIAL15
SECURITY ACT", 42 U.S.C. SEC. 1381 ET SEQ.16
(a) (c) "Federal survivor benefits" means survivor benefits that are17
administered by the United States social security administration, veterans18
benefits administration, or the railroad retirement board and that are based19
on the eligibility of an insured parent.20
(b) (d) "Interested party" means a child or youth; the child's or21
youth's counsel for youth; a parent and the parent's counsel, unless22
parental rights have been terminated or there is a court order restricting23
access; the individual with whom the child or youth is currently placed;24
the guardian ad litem; or other party who may have information about the25
child's or youth's eligibility for or receipt of federal survivor benefits OR26
FEDERAL SUPPLEMENTAL SECURITY INCOME.27
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(3) (a.5) (I) B EGINNING ON OR BEFORE JULY 1, 2028, IF THE1
COUNTY DEPARTMENT MAKES A FINDING OF SUBSTANTIATED ABUSE OR2
NEGLECT, THE COUNTY DEPARTMENT SHALL REFER THE CHILD OR YOUTH3
TO THE APPROPRIATE STATE OR LOCAL AGENCY FOR DEVELOPMENTAL4
SCREENING WITHIN FORTY -FIVE DAYS AFTER A CHILD 'S OR YOUTH 'S5
OUT-OF-HOME PLACEMENT.6
(II) IF THE COUNTY DEPARTMENT DETERMINES THAT A CHILD MAY7
BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL SECURITY INCOME, THE8
COUNTY DEPARTMENT SHALL INITIATE THE APPLICATION PROCESS9
PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION WITHIN FORTY -FIVE10
DAYS AFTER RECEIVING A D ETERMINATION OF A CHILD 'S OR YOUTH 'S11
DISABILITY PURSUANT TO A DEVELOPMENTAL SCREENING DESCRIBED IN12
SUBSECTION (3)(a.5)(I) OF THIS SECTION.13
(III) WHEN A CHILD IS ENROLLED IN THE CHILDREN'S HABILITATION14
RESIDENTIAL PROGRAM WAIVER ESTABLISHED PURSUANT TO SECTION15
25.5-6-903 (4), THE COUNTY DEPARTMENT SHALL APPLY FOR FEDERAL16
SUPPLEMENTAL SECURITY INCOME ON BEHALF OF THE CHILD IF AN17
APPLICATION FOR FEDERAL SUPPLEMENTAL SECURITY INCOME HAS NOT18
ALREADY BEEN SUBMI TTED ON THE CHILD 'S BEHALF OR THE CHILD HAS19
COUNTABLE RESOURCES THAT EXCEED THE THRESHOLD ESTABLISHED BY20
THE UNITED STATES SOCIAL SECURITY ADMINISTRATION.21
(b) Beginning on or before July 1, 2027, if a c ounty department22
makes an initial determination that the child or youth is not likely to be23
eligible for federal survivor benefits OR, BEGINNING ON OR BEFORE JULY24
1, 2028, IF A COUNTY DEPARTMENT MAKES AN INITIAL DETERMINATION25
THAT THE CHILD OR YOUTH IS NOT LIKELY TO BE ELIGIBLE FOR FEDERAL26
SUPPLEMENTAL SECURITY INCOME, the county department shall annually27
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review the case of the child or youth to determine whether circumstances1
have changed to make the child or youth eligible for federal survivor2
benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME.3
(c) In conducting an initial benefit eligibility determination or an4
annual review pursuant to this subsection (3), the county department shall5
consult with interested parties as necessary to assess the child's or youth's6
eligibility for federal survivor benefits OR FEDERAL SUPPLEMENTAL7
SECURITY INCOME and to determine, in accordance with applicable federal8
law, the most likely, appropriate representative payee or fiduciary.9
(c.5) (I) T HE COUNTY DEPARTMENT MUST DOCUMENT WHY A10
CHILD OR YOUTH IS NOT REASONABLY EXPECTED TO MEET THE ELIGIBILITY11
CRITERIA FOR FEDERAL SUPPLEMENTAL SECURITY INCOME IF:12
(A) THE COUNTY DEPARTMENT MAKES AN INITIAL OR SUBSEQUENT13
DETERMINATION PURSUANT TO THIS SUBSECTION (3) THAT THE CHILD OR14
YOUTH IS NOT LIKELY TO BE ELIGIBLE TO RECEIVE FEDERAL15
SUPPLEMENTAL SECURITY INCOME; AND16
(B) THE COUNTY DEPARTMENT IDENTIFIES A CHILD OR YOUTH AS17
HAVING A DISABILITY FOR THE PURPOSES OF COMPLIANCE WITH18
APPLICABLE STATE OR FEDERAL REPORTING REQUIREMENTS , INCLUDING19
REPORTING REQUIRED PURSUANT TO SECTION 26-5-119 OR 45 CFR20
1355.44.21
(II) I F THE COUNTY DEPARTMENT MAKES AN INITIAL OR22
SUBSEQUENT DETERMINATION PURSUANT TO THIS SUBSECTION (3) THAT23
A CHILD OR YOUTH IS LIKELY TO BE ELIGIBLE TO RECEIVE FEDERAL24
SUPPLEMENTAL SECURITY INCOME , THE COUNTY DEPARTMENT MUST25
IDENTIFY THE CHILD OR YOUTH AS HAVING A DISABILITY FOR THE26
PURPOSES OF COMPLIANCE WITH APPLICABLE STATE OR FEDERAL27
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REPORTING REQUIREMENTS, INCLUDING REPORTING REQUIRED PURSUANT1
TO SECTION 26-5-119 OR 45 CFR 1355.44.2
(d) If the county department determines that the child or youth3
may be eligible to receive federal survivor benefits OR FEDERAL4
SUPPLEMENTAL SECURITY INCOME and that the county department is the5
most appropriate representative payee or fiduciary, then the county6
department shall, in compliance with all applicable federal rules and7
regulations, apply for the federal survivor benefits OR FEDERAL8
SUPPLEMENTAL SECURITY INCOME on behalf of the child or youth. If the9
county department determines that the child or youth may be eligible for10
federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME11
but that the county department is not the most appropriate representative12
payee or fiduciary, the county department shall provide information to the13
prospective representative payee or fiduciary that the county department14
has identified about how to apply for federal survivor benefits OR15
FEDERAL SUPPLEMENTAL SECURITY INCOME on behalf of the child or16
youth and how to become the child's or youth's representative payee or17
fiduciary.18
(e) Following a denial of federal survivor benefits OR FEDERAL19
SUPPLEMENTAL SECURITY INCOME or other adverse benefit eligibility20
determination, the county department shall consult with interested parties21
and determine whether there are grounds to appeal. If there are grounds22
to appeal AND THE COUNTY DEPARTMENT WAS THE ORIGINAL APPLICANT,23
the county department shall appeal the denial or adverse determination.24
(f) If a child or youth in noncertified kinship care may be eligible25
for federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY26
INCOME, the county department shall provide the noncertified kinship27
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caregiver with information about how to apply for federal survivor1
benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME on behalf of the2
child or youth.3
(4) If the county department becomes the representative payee or4
fiduciary for a child's or youth's federal survivor benefits OR FEDERAL5
SUPPLEMENTAL SECURITY INCOME, the county department shall annually6
reassess, in consultation with interested parties, whether a candidate other7
than the county department would be a preferable representative payee or8
fiduciary.9
(5) (a) Beginning on or before July 1, 2027, IN THE CASE OF10
FEDERAL SURVIVOR BENEFITS , AND BEGINNING ON OR BEFORE JULY 1,11
2028, IN THE CASE OF FEDERAL SUPPLEMENTAL SECURITY INCOME , if a12
county department is the representative payee or fiduciary for a child or13
youth, the county department shall:14
(I) Not use any federal survivor benefits of a child or youth to pay15
for or reimburse the county department for care or services for the child16
or youth, including, but not limited to, foster care maintenance expenses17
as defined in the federal "Social Security Act", 42 U.S.C. sec. 675 (4)(A),18
and cost of care. as defined in section 19-1-103.19
(II) I F THE CHILD OR YOUTH RECEIVES FEDERAL SURVIVOR20
BENEFITS, establish and maintain, consistent with federal and state asset21
and resource limits, an account for deposit of the federal survivor benefits22
of a child or youth. The account may be an individual account or an23
approved collective account, if the representative payee maintains a24
separate ledger and accounting records for each child or youth beneficiary25
of an approved collective account. The contents of the account, including26
applicable interest or earnings, must be saved for the individual child or27
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youth.1
(II.5) (A) I F THE CHILD OR YOUTH ACCUMULATES FEDERAL2
SUPPLEMENTAL SECURITY INCOME ABOVE THE COUNTABLE RESOURCE3
THRESHOLD FOR FEDERAL SUPPLEMENTAL SECURITY INCOME ELIGIBILITY4
ESTABLISHED BY THE UNITED STATES SOCIAL SECURITY ADMINISTRATION,5
THE AMOUNT OF INCOME ABOVE THE THRESHOLD MUST BE DEPOSITED IN6
AN ACCOUNT ESTABLISHED AND MAINTAINED FOR THE CHILD OR YOUTH7
PURSUANT TO SECTION 23-3.1-311. THE COUNTY DEPARTMENT SHALL8
CHOOSE THE MOST CONSERVATIVE INVESTMENT OPTION AVAILABLE .9
COUNTY DEPARTMENT PERSONNEL ARE NOT REQUIRED TO SUBMIT THEIR10
OWN PERSONALLY IDENTIFIABLE INFORMATION TO COMPLY WITH THIS11
SUBSECTION (5)(a)(II.5)(A).12
(B) IF A CHILD OR YOUTH IS RECEIVING FEDERAL SUPPLEMENTAL13
SECURITY INCOME, THE COUNTY DEPARTMENT SHALL DOCUMENT IN THE14
STATE AUTOMATED CASE MANAGEMENT SYSTEM ALL EXPENDITURES ,15
INCLUDING, BUT NOT LIMITED TO , EXPENDITURES FROM FEDERAL16
SUPPLEMENTAL SECURITY INCOME , MADE ON BEHALF OF THE CHILD OR17
YOUTH BY NEED TYPE AND FUNDING SOURCE.18
(III) Provide an annual accounting of the accumulation of the19
child's or youth's federal survivor benefits OR FEDERAL SUPPLEMENTAL20
SECURITY INCOME, IF THE FEDERAL SUPPLEMENTAL SECURITY INCOME IS21
DEPOSITED INTO AN ACCOUNT PURSUANT TO SUBSECTION (5)(a)(II.5) OF22
THIS SECTION, to the child or youth and the legal representative of the23
child or youth. IF THE CHILD OR YOUTH RECEIVES FEDERAL SUPPLEMENTAL24
SECURITY INCOME, THE COUNTY DEPARTMENT SHALL PROVIDE THE CHILD25
OR YOUTH AND THE LEGAL REPRESENTATIVE OF THE CHILD OR YOUTH26
WITH AN ANNUAL ACCOUNTING OF THE EXPENDITURES DOCUMENTED27
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PURSUANT TO SUBSECTION (5)(a)(II.5) OF THIS SECTION . A COUNTY1
DEPARTMENT CHILD WELFARE CASEWORKER SHALL ANNUALLY SHARE THE2
ACCOUNTING INFORMATION WITH THE CHILD OR YOUTH AND THE LEGAL3
REPRESENTATIVE OF THE CHILD OR YOUTH . The annual accounting4
information must include:5
(A) The amount and source of federal survivor benefits OR6
FEDERAL SUPPLEMENTAL SECURITY INCOME collected by the county7
department and credited to the EACH account maintained on behalf of the8
child or youth;9
(B) The balance of the EACH account maintained on behalf of the10
child or youth; and11
(C) Information regarding the child's or youth's accounts and12
earnings related to those accounts, if applicable, and any additional assets13
and resources, including benefits, insurance, cash assets, trust accounts,14
and earnings, if the assets or resources are controlled by the county15
department; AND16
(D) FOR A CHILD OR YOUTH RECEIVING FEDERAL SUPPLEMENTAL17
SECURITY INCOME, INFORMATION ABOUT THE EXPENDITURES MADE ON18
BEHALF OF THE CHILD OR YOUTH BY NEED TYPE AND FUNDING SOURCE.19
(b) If a county department is not the representative payee or20
fiduciary for a child's or youth's federal survivor benefits OR FEDERAL21
SUPPLEMENTAL SECURITY INCOME , the county department is not22
responsible for establishing or maintaining an account for deposit of the23
federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME24
of the child or youth or providing related accounting information pursuant25
to subsection (5)(a) of this section.26
(6) (a) The county department shall provide timely,27
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developmentally appropriate notice to the parties, unless prevented by a1
court order, of:2
(I) Submission of an application for federal survivor benefits OR3
FEDERAL SUPPLEMENTAL SECURITY INCOME on behalf of a child or youth;4
(II) Submission of a request for the county department to become5
the representative payee or fiduciary for the child's or youth's federal6
survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME and7
identification of the representative payee or fiduciary ultimately selected;8
(III) Receipt by the county department of a federal agency's9
decision regarding federal survivor benefits OR FEDERAL SUPPLEMENTAL10
SECURITY INCOME, including denial, termination, or reduction of federal11
survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME;12
(8) On or before January 1, 2027, IN THE CASE OF FEDERAL13
SURVIVOR BENEFITS, AND BEGINNING ON OR BEFORE JANUARY 1, 2028, IN14
THE CASE OF FEDERAL SUPPLEMENTAL SECURITY INCOME , the STATE15
department, of human services, in consultation with interested16
stakeholders, including, but not limited to, county departments,17
organizations that advocate on behalf of youth in foster care,18
organizations that represent court-appointed special advocates,19
organizations that advocate on behalf of disability rights, the office of20
respondent parents' counsel, and the office of the child's representative,21
shall adopt rules consistent with applicable state and federal law for the22
implementation of this section. The rules must include guidance to the23
county departments on:24
(a.5) SCREENING PROCESSES FOR IDENTIFYING WHETHER A CHILD25
OR YOUTH IS ALREADY RECEIVING FEDERAL SUPPLEMENTAL SECURITY26
INCOME OR MAY BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL27
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SECURITY INCOME AND SCREENING PROCESSES FOR SUBSEQUENT ANNUAL1
ELIGIBILITY REVIEWS.2
(b) Best practices for consulting with the child or youth or other3
interested parties who may have information about the child's or youth's4
receipt of or eligibility for federal survivor benefits OR FEDERAL5
SUPPLEMENTAL SECURITY INCOME;6
(c) The application process for federal survivor benefits OR7
FEDERAL SUPPLEMENTAL SECURITY INCOME for each child or youth, who,8
pursuant to screening, is likely to be determined eligible; for federal9
survivor benefits;10
(g.5) T HE PROCESS FOR ESTABLISHING AND MAINTAINING AN11
ACCOUNT PURSUANT TO SECTION 23-3.1-311 FOR AMOUNTS OVER THE12
FEDERAL SUPPLEMENTAL SECURITY INCOME COUNTABLE RESOURCE13
THRESHOLD, AND FOR PROVIDING RELATED ACCOUNTING INFORMATION14
ANNUALLY;15
(h) Specifications for providing required notices regarding federal16
survivor benefit OR FEDERAL SUPPLEMENTAL SECURITY INCOME17
applications, applications for a county department to become a18
representative payee or fiduciary, receipt of decisions regarding federal19
survivor benefit eligibility, appeals of denials, and establishment of20
accounts; and21
(9) (a) The department of human services shall provide ONGOING22
technical assistance and guidance to the county departments about how23
the county departments: shall address saving federal survivor benefits in24
the best interests of a child or youth.25
(I) A PPLY FOR FEDERAL SURVIVOR BENEFITS OR FEDERAL26
SUPPLEMENTAL SECURITY INCOME ON BEHALF OF A CHILD OR YOUTH;27
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(II) STREAMLINE DISABILITY SCREENING PROCESSES TO ENSURE1
THAT COUNTY DEPARTMENTS ACCURATELY IDENTIFY A CHILD OR YOUTH2
WITH A DISABILITY IN ACCORDANCE WITH STATE AND FEDERAL REPORTING3
REQUIREMENTS AND ELIGIBILITY REQUIREMENTS FOR STATE MEDICAL4
ASSISTANCE PROGRAM WAIVERS AND FEDERAL SUPPLEMENTAL SECURITY5
INCOME;6
(III) CAPITALIZE ON COMMUNITY RESOURCES, INCLUDING BENEFIT7
PLANNERS, IN FEDERAL SUPPLEMENTAL SECURITY INCOME APPLICATION,8
BENEFIT MANAGEMENT, AND PLANNING ON BEHALF OF A CHILD OR YOUTH;9
(IV) MINIMIZE COUNTY DEPARTMENT RISK IN ESTABLISHING AND10
MAINTAINING AN ACCOUNT ON BEHALF OF A CHILD OR YOUTH PURSUANT11
TO THIS ARTICLE 7; AND12
(V) ADDRESS SAVING FEDERAL SURVIVOR BENEFITS IN THE BEST13
INTERESTS OF A CHILD OR YOUTH.14
(b) THE STATE DEPARTMENT SHALL COORDINATE WITH THE OFFICE15
OF THE CHILD'S REPRESENTATIVE TO PROVIDE TECHNICAL ASSISTANCE AND16
GUIDANCE TO COUNSEL FOR YOUTH AND GUARDIANS AD LITEM ABOUT17
WHETHER AND HOW TO APPEAL A DENIAL OR ADVERSE DETERMINATION18
REGARDING A CHILD 'S OR YOUTH 'S ELIGIBILITY FOR FEDERAL19
SUPPLEMENTAL SECURITY INCOME.20
(c) I N PROVIDING THE TECHNICAL ASSISTANCE AND GUIDANCE21
REQUIRED PURSUANT TO THIS SUBSECTION (9), THE STATE DEPARTMENT22
SHALL MAXIMIZE EFFICIENCIES BY COORDINATING STAFF SUPPORT FOR23
BOTH FEDERAL SURVIVOR BENEFITS AND FEDERAL SUPPLEMENTAL24
SECURITY INCOME OBTAINED PURSUANT TO THIS SECTION.25
(10) B EGINNING ON OR BEFORE JULY 1, 2028, A COUNTY26
DEPARTMENT SHALL DESIGNATE ONE EMPLOYEE TO SERVE AS THE POINT27
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OF CONTACT FOR FEDERAL BENEFITS FOR CHILDREN OR YOUTH IN FOSTER1
CARE TO SERVE AS A LIAISON WITH THE STATE DEPARTMENT FOR THE2
PURPOSES OF TECHNICAL ASSISTANCE AND GUIDANCE PROVIDED3
PURSUANT TO SUBSECTION (9) OF THIS SECTION.4
SECTION 2. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly (August7
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a8
referendum petition is filed pursuant to section 1 (3) of article V of the9
state constitution against this act or an item, section, or part of this act10
within such period, then the act, item, section, or part will not take effect11
unless approved by the people at the general election to be held in12
November 2026 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
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