Second Regular Session DRAFT

Sixty-seventh General Assembly 10.13.09

STATE OF COLORADO
BILL 13

LLS NO. 10-0170.01 Christy Chase INTERIM COMMITTEE BILL

Health Care Task Force

@House1 Committees @House2 Committees

SHORT TITLE: "CO Consumer Products Safety Act"

A BILL FOR AN ACT

101 C ONCERNING THE CREATION OF THE "C OLORADO C ONSUMER
102 P RODUCTS S AFETY A CT", AND, IN CONNECTION THEREWITH,
103 PROHIBITING THE SALE OF COSMETICS AND CHILDREN'S
104 PRODUCTS THAT CONTAIN CHEMICALS IDENTIFIED AS CAUSING
105 CANCER OR REPRODUCTIVE TOXICITY.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Health Care Task Force. The bill creates the "Colorado

Consumer Products Safety Act" (act), which prohibits a manufacturer
from knowingly selling, offering for sale, or distributing for sale or use

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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in Colorado any cosmetic product or children's product that contains a
chemical identified as causing cancer or reproductive toxicity.
The bill sets forth legislative findings and declarations regarding
chemicals in consumer products and the harmful health effects of those
chemicals, particularly on women of childbearing age, fetuses, and
children.
The bill further establishes a process for identifying those
chemicals that cannot be contained in cosmetics or children's products
sold or distributed in Colorado by recognizing existing lists of harmful
chemicals established by authoritative bodies such as the United States
environmental protection agency, the international agency for research on
cancer, the national toxicology program, and the national institute for
occupational safety and health. In addition to chemicals listed by
authoritative bodies as causing cancer or reproductive toxicity, the bill
also prohibits the sale of consumer products containing bisphenol A or
any other chemical identified by the state department of public health and
environment (department).
The bill defines "cosmetics", consistent with the federal "Food,
Drug, and Cosmetic Act", to include any article intended to be rubbed,
poured, sprinkled, or sprayed on, introduced into, or otherwise applied to
the human body for cleansing, beautifying, promoting attractiveness, or
altering a person's appearance.
The bill defines "children's product" to include toys; children's
cosmetics; children's jewelry; products designed or intended to help a
child with sucking or teething, to facilitate sleep, relaxation, or the
feeding of a child, or to be worn as clothing by children; and child car
seats.
The bill authorizes private citizens to file suit to enforce the act
and authorizes an award of attorney fees and costs to the prevailing
plaintiff if a violation is found. If a manufacturer violates the act, the bill
authorizes the imposition of a civil penalty of up to $5,000 per violation
per product for the first offense and up to $10,000 per violation per
product for a second or subsequent offense. The bill creates the safe
consumer products cash fund (fund), requires any penalties imposed on
manufacturers to be deposited in the fund, and authorizes the department,
subject to annual appropriation, to use moneys in the fund to enforce the
act and expand the list of banned chemicals as appropriate. The state
board of health is granted authority to adopt rules as necessary to
implement the act.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Article 5 of title 25, Colorado Revised Statutes, is

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1 amended BY THE ADDITION OF A NEW PART to read:

2 PART 12

3 SAFE CONSUMER PRODUCTS

4 25-5-1201. Short title. T HIS PART 12 SHALL BE KNOWN AND MAY

5 BE CITED AS THE "C OLORADO C ONSUMER P RODUCTS S AFETY A CT".

6 25-5-1202. Legislative declaration. (1) T HE GENERAL

7 ASSEMBLY HEREBY FINDS THAT:

8 (a) INDEPENDENT TESTING IN THE U NITED S TATES AND THE

9 E UROPEAN U NION HAS DETERMINED THAT MANY COSMETIC PRODUCTS

10 CONTAIN SUBSTANCES KNOWN OR SUSPECTED TO CAUSE CANCER AND

11 REPRODUCTIVE TOXICITY THAT CAN HARM ADULTS AND CHILDREN;

12 (b) N EITHER THE FEDERAL FOOD AND DRUG ADMINISTRATION NOR

13 THE C OLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

14 REQUIRE SAFETY TESTING, REVIEW, OR APPROVAL OF COSMETIC PRODUCTS,

15 WHICH INCLUDE PERSONAL CARE PRODUCTS SUCH AS SHAMPOOS, LOTIONS,

16 AND MOISTURIZERS, BEFORE THOSE PRODUCTS ARE OFFERED FOR SALE TO

17 THE PUBLIC;

18 (c) W HILE MOST CONSUMERS USE SOME PERSONAL CARE

19 PRODUCTS, COSMETIC PRODUCTS INTENDED TO BEAUTIFY ARE MOST

20 COMMONLY USED BY WOMEN OF CHILDBEARING AGE, INCREASING THE

21 LIKELIHOOD OF EXPOSING MOTHERS, FETUSES, AND NURSING CHILDREN TO

22 SUBSTANCES THAT CAN CAUSE CANCER AND REPRODUCTIVE TOXICITY;

23 AND

24 (d) B Y USING COSMETICS IN THEIR WORK ENVIRONMENTS, BEAUTY

25 CARE WORKERS SUCH AS COSMETOLOGISTS AND MANICURISTS, WHO ARE

26 PREDOMINANTLY WOMEN AND MEMBERS OF MINORITY GROUPS, ARE

27 DISPROPORTIONATELY EXPOSED TO THE POTENTIALLY HARMFUL EFFECTS

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1 OF CARCINOGENS AND REPRODUCTIVE TOXINS IN COSMETICS.

2 (2) T HE GENERAL ASSEMBLY FURTHER FINDS THAT:

3 (a) R ESEARCH SHOWS THAT MANY TOYS, CHILDREN'S PRODUCTS,

4 AND OTHER CONSUMER PRODUCTS CONTAIN LEAD , CADMIUM ,

5 PHTHALATES, BISPHENOL A, AND OTHER CHEMICALS THAT HAVE BEEN

6 SHOWN TO CAUSE HARM TO CHILDREN'S HEALTH AND THE ENVIRONMENT

7 AND HAVE BEEN LINKED TO LONG- TERM HEALTH IMPACTS SUCH AS BIRTH

8 DEFECTS, REPRODUCTIVE HARM , IMPAIRED LEARNING, LIVER TOXICITY,

9 AND CANCER;

10 (b) S CIENTIFIC LITERATURE PROVIDES EXTENSIVE EVIDENCE THAT

11 BISPHENOL A AND PHTHALATES ARE HORMONE- DISRUPTING CHEMICALS,

12 THAT THESE CHEMICALS ARE FOUND IN HUMANS AT LEVELS ASSOCIATED

13 WITH ADVERSE EFFECTS, AND THAT LEAD AND CADMIUM ARE DANGEROUS

14 NEUROTOXICANTS THAT CAN DAMAGE THE HUMAN BRAIN, INTERNAL

15 ORGANS, AND NERVOUS SYSTEM;

16 (c) A CCORDING TO THE ENVIRONMENTAL PROTECTION AGENCY

17 AND THE NATIONAL ACADEMY OF SCIENCES, STANDARD CHEMICALS ARE

18 UP TO TEN TIMES MORE TOXIC TO CHILDREN THAN TO ADULTS, DEPENDING

19 ON BODY WEIGHT, SINCE CHILDREN TAKE IN MORE TOXIC CHEMICALS

20 RELATIVE TO BODY WEIGHT THAN ADULTS AND HAVE DEVELOPING ORGAN

21 SYSTEMS THAT ARE MORE VULNERABLE AND LESS ABLE TO DETOXIFY

22 TOXIC CHEMICALS; AND

23 (d) B ECAUSE CHILDREN ARE PARTICULARLY AT RISK FROM

24 EXPOSURE TO CHEMICALS IN THEIR ENVIRONMENT, PRECAUTIONARY

25 MEASURES MUST BE TAKEN TO PROTECT CHILDREN FROM EXPOSURE TO

26 HARMFUL CHEMICALS CONTAINED IN PRODUCTS THEY USE EVERY DAY.

27 (3) T HE GENERAL ASSEMBLY ALSO FINDS THAT:

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1 (a) A LTERNATIVES TO CHEMICALS THAT CAUSE CANCER OR

2 REPRODUCTIVE TOXICITY OR THAT CONTRIBUTE TO OTHER HARMFUL

3 EFFECTS IN CHILDREN ARE READILY AVAILABLE FOR USE IN CONSUMER

4 PRODUCTS; AND

5 (b) N UMEROUS MANUFACTURERS, INCLUDING SMALL DOMESTIC

6 PRODUCERS AND LARGE MULTINATIONAL CORPORATIONS , HAVE

7 ELIMINATED SUBSTANCES THAT CAUSE CANCER OR REPRODUCTIVE

8 TOXICITY FROM THEIR PRODUCTS.

9 (4) B ASED ON THESE FINDINGS, THE GENERAL ASSEMBLY

10 DECLARES IT TO BE IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE

11 TO TAKE STEPS TO ENSURE THAT:

12 (a) C OSMETIC PRODUCTS SOLD AND USED IN THIS STATE ARE SAFE

13 AND DO NOT CONTAIN SUBSTANCES THAT CAUSE CANCER OR

14 REPRODUCTIVE TOXICITY; AND

15 (b) C HILDREN'S PRODUCTS SOLD AND USED IN THIS STATE ARE SAFE

16 FOR CHILDREN AND DO NOT CONTAIN HARMFUL CHEMICALS THAT

17 NEGATIVELY IMPACT CHILDREN.

18 25-5-1203. Definitions. A S USED IN THIS PART 12, UNLESS THE

19 CONTEXT OTHERWISE REQUIRES:

20 (1) (a) "A UTHORITATIVE BODY" MEANS ANY AGENCY OR

21 FORMALLY ORGANIZED PROGRAM OR GROUP RECOGNIZED BY THE BOARD

22 AS AUTHORITATIVE FOR PURPOSES OF IDENTIFYING CHEMICALS THAT

23 CAUSE CANCER OR REPRODUCTIVE TOXICITY.

24 (b) "A UTHORITATIVE BODY" INCLUDES, WITHOUT LIMITATION, THE

25 U NITED S TATES ENVIRONMENTAL PROTECTION AGENCY, THE U NITED

26 S TATES FOOD AND DRUG ADMINISTRATION, THE NATIONAL INSTITUTE FOR

27 OCCUPATIONAL SAFETY AND HEALTH, THE NATIONAL TOXICOLOGY

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1 PROGRAM, AND THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER,

2 OR THEIR SUCCESSOR AGENCIES.

3 (2) "B OARD" MEANS THE STATE BOARD OF HEALTH CREATED IN

4 SECTION 25-1-103.

5 (3) (a) "C HEMICAL IDENTIFIED AS CAUSING CANCER OR

6 REPRODUCTIVE TOXICITY" MEANS A CHEMICAL IDENTIFIED BY AN

7 AUTHORITATIVE BODY AS ANY OF THE FOLLOWING:

8 (I) A SUBSTANCE LISTED IN A NATIONAL TOXICOLOGY REPORT ON

9 CARCINOGENS AS KNOWN OR REASONABLY ANTICIPATED TO BE A HUMAN

10 CARCINOGEN;

11 (II) A SUBSTANCE GIVEN AN OVERALL CARCINOGENICITY

12 EVALUATION OF " GROUP 1", " GROUP 2A", OR " GROUP 2B" BY THE

13 INTERNATIONAL AGENCY FOR RESEARCH ON CANCER OR ITS SUCCESSOR

14 AGENCY;

15 (III) A SUBSTANCE IDENTIFIED BY THE U NITED S TATES

16 ENVIRONMENTAL PROTECTION AGENCY, OR ITS SUCCESSOR AGENCY, AS A

17 "GROUP A", " GROUP B1", OR " GROUP B2" CARCINOGEN OR AS A KNOWN OR

18 LIKELY CARCINOGEN;

19 (IV) A SUBSTANCE IDENTIFIED IN A REPORT BY AN EXPERT PANEL

20 OF THE NATIONAL TOXICOLOGY PROGRAM'S CENTER FOR THE EVALUATION

21 OF RISKS IN HUMAN REPRODUCTION, OR A SUCCESSOR ENTITY, AS HAVING

22 SOME OR CLEAR EVIDENCE OF ADVERSE DEVELOPMENTAL, MALE

23 REPRODUCTIVE, OR FEMALE REPRODUCTIVE TOXICITY EFFECTS; OR

24 (V) A SUBSTANCE IDENTIFIED BY THE NATIONAL INSTITUTE FOR

25 OCCUPATIONAL SAFETY AND HEALTH, OR ITS SUCCESSOR ENTITY, AS A

26 POTENTIAL OCCUPATIONAL CARCINOGEN.

27 (b) "C HEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE

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1 TOXICITY" INCLUDES:

2 (I) A NY CHEMICAL OR SUBSTANCE IDENTIFIED AS SUCH BY THE

3 DEPARTMENT AND APPROVED BY THE BOARD FOR INCLUSION AS A

4 CHEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE TOXICITY,

5 REGARDLESS OF WHETHER THE CHEMICAL OR SUBSTANCE HAS BEEN

6 IDENTIFIED BY AN AUTHORITATIVE BODY IN ACCORDANCE WITH

7 PARAGRAPH (a) OF THIS SUBSECTION (3); AND

8 (II) B ISPHENOL A.

9 (4) "C HILDREN'S COSMETICS" MEANS COSMETICS THAT ARE MADE

10 FOR, MARKETED FOR USE BY, OR MARKETED TO CHILDREN UNDER THE AGE

11 OF TWELVE.

12 (5) "C HILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR,

13 USED BY, MARKETED FOR USE BY, OR MARKETED TO CHILDREN UNDER THE

14 AGE OF TWELVE AND INCLUDES JEWELRY THAT MEETS ANY OF THE

15 FOLLOWING CONDITIONS:

16 (a) IS REPRESENTED IN ITS PACKAGING, DISPLAY, OR ADVERTISING

17 AS APPROPRIATE FOR USE BY CHILDREN UNDER THE AGE OF TWELVE;

18 (b) IS SOLD IN CONJUNCTION WITH, ATTACHED TO, OR PACKAGED

19 TOGETHER WITH OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR

20 ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN;

21 (c) I S SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY

22 ADULTS; OR

23 (d) IS SOLD IN ANY OF THE FOLLOWING:

24 (I) A VENDING MACHINE;

25 (II) A RETAIL STORE, CATALOG, OR ON - LINE WEB SITE THAT

26 EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,

27 DISPLAYED, OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN; OR

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1 (III) A DISCRETE PORTION OF A RETAIL STORE, CATALOG , OR

2 ON- LINE WEB SITE IN WHICH A PERSON EXCLUSIVELY OFFERS FOR SALE

3 PRODUCTS THAT ARE PACKAGED, DISPLAYED , OR ADVERTISED AS

4 APPROPRIATE FOR USE BY CHILDREN.

5 (6) (a) "C HILDREN'S PRODUCT" MEANS:

6 (I) T OYS;

7 (II) C HILDREN'S COSMETICS;

8 (III) C HILDREN'S JEWELRY;

9 (IV) A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER

10 TO HELP A CHILD WITH SUCKING OR TEETHING, TO FACILITATE SLEEP,

11 RELAXATION, OR THE FEEDING OF A CHILD , OR TO BE WORN AS CLOTHING

12 BY CHILDREN; AND

13 (V) C HILD CAR SEATS.

14 (b) "C HILDREN'S PRODUCT" DOES NOT INCLUDE THE FOLLOWING:

15 (I) B ATTERIES;

16 (II) S LINGS AND CATAPULTS;

17 (III) S ETS OF DARTS WITH METALLIC POINTS;

18 (IV) T OY STEAM ENGINES;

19 (V) B ICYCLES, TRICYCLES, ROLLER SKATES, AND SCOOTERS;

20 (VI) V IDEO TOYS THAT CAN BE CONNECTED TO A VIDEO SCREEN

21 AND ARE OPERATED AT A NOMINAL VOLTAGE EXCEEDING TWENTY- FOUR

22 VOLTS;

23 (VII) C HEMISTRY SETS;

24 (VIII) C ONSUMER ELECTRONIC PRODUCTS, INCLUDING, WITHOUT

25 LIMITATION, PERSONAL COMPUTERS , AUDIO AND VIDEO EQUIPMENT,

26 CALCULATORS, WIRELESS TELEPHONES, GAME CONSOLES, AND HANDHELD

27 DEVICES INCORPORATING A VIDEO SCREEN THAT ARE USED TO ACCESS

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1 INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS;

2 (IX) INTERACTIVE SOFTWARE INTENDED FOR LEISURE AND

3 ENTERTAINMENT, SUCH AS COMPUTER GAMES, INCLUDING STORAGE MEDIA

4 FOR THE SOFTWARE, SUCH AS COMPACT DISKS;

5 (X) BB GUNS, PELLET GUNS, AND AIR RIFLES;

6 (XI) S NOW SPORTING EQUIPMENT, INCLUDING SKIS, POLES, BOOTS,

7 SNOW BOARDS, SLEDS, AND BINDINGS;

8 (XII) S PORTING EQUIPMENT, INCLUDING BATS, BALLS, GLOVES,

9 STICKS, PUCKS, AND PADS;

10 (XIII) M ODEL ROCKETS;

11 (XIV) A THLETIC SHOES WITH CLEATS OR SPIKES; AND

12 (XV) P OCKET KNIVES AND MULTITOOLS.

13 (7) "C ONSUMER PRODUCT " MEANS COSMETICS AND CHILDREN'S

14 PRODUCTS.

15 (8) (a) "C OSMETICS", " COSMETIC PRODUCT", OR " PERSONAL CARE

16 PRODUCT" MEANS, CONSISTENT WITH " COSMETICS", AS DEFINED IN 21

17 U.S.C. SEC. 321 (i) OF THE FEDERAL "F OOD, D RUG, AND C OSMETIC A CT":

18 (I) A NY ARTICLE INTENDED TO BE RUBBED, POURED, SPRINKLED,

19 OR SPRAYED ON, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE

20 HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAUTIFYING,

21 PROMOTING ATTRACTIVENESS, OR ALTERING A PERSON'S APPEARANCE;

22 AND

23 (II) A NY ARTICLE INTENDED FOR USE AS A COMPONENT OF ANY

24 ARTICLES DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a).

25 (b) "C OSMETICS" INCLUDES, IN ADDITION TO THOSE ARTICLES

26 DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (8), ANY COSMETIC

27 PRODUCT SUBJECT TO REGULATION BY THE FEDERAL FOOD AND DRUG

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1 ADMINISTRATION.

2 (9) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH

3 AND ENVIRONMENT CREATED IN SECTION 25-1-102.

4 (10) "M ANUFACTURER" MEANS ANY PERSON:

5 (a) W HOSE NAME APPEARS ON THE LABEL OF A COSMETIC PRODUCT

6 PURSUANT TO THE REQUIREMENTS OF 21 CFR 701.12; OR

7 (b) W HO PRODUCES OR IS AN IMPORTER OR DOMESTIC DISTRIBUTOR

8 OF A CHILDREN'S PRODUCT.

9 (11) "T OY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE

10 MANUFACTURER TO BE USED FOR A CHILD AT PLAY.

11 25-5-1204. Prohibition - sale of cosmetics and children's

12 products containing unsafe chemicals. (1) O N OR AFTER J ULY 1, 2012,

13 A MANUFACTURER SHALL NOT SELL, OFFER FOR SALE , DISTRIBUTE FOR

14 SALE , OR DISTRIBUTE FOR USE IN THIS STATE:

15 (a) A NY COSMETIC PRODUCT THAT CONTAINS A CHEMICAL

16 IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE TOXICITY;

17 (b) A NY CHILDREN'S PRODUCT OR PRODUCT COMPONENT THAT

18 CONTAINS A CHEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE

19 TOXICITY.

20 25-5-1205. Enforcement - civil penalty - safe consumer

21 products cash fund - created. (1) (a) A NY PERSON ALLEGING A

22 VIOLATION OF SECTION 25-5-1204 MAY BRING AN ACTION IN A COURT OF

23 COMPETENT JURISDICTION IN THE COUNTY WHERE THE VIOLATION

24 OCCURRED. U PON FINDING A VIOLATION, IN ADDITION TO ANY OTHER

25 RELIEF AUTHORIZED BY LAW, THE COURT SHALL ORDER THE

26 MANUFACTURER TO CEASE AND DESIST CONDUCT VIOLATING SECTION

27 25-5-1204 AND SHALL ORDER THE DEFENDANT TO PAY THE PREVAILING

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1 PARTY REASONABLE ATTORNEY FEES AND COSTS.

2 (b) S UBJECT TO AVAILABLE APPROPRIATIONS, THE DEPARTMENT

3 SHALL ENFORCE THIS PART 12 AND INVESTIGATE ALLEGED VIOLATIONS OF

4 SECTION 25-5-1204.

5 (2) A MANUFACTURER THAT VIOLATES SECTION 25-5-1204 SHALL

6 BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS PER

7 VIOLATION PER PRODUCT FOR A FIRST OFFENSE, AND UP TO TEN THOUSAND

8 DOLLARS PER VIOLATION PER PRODUCT FOR A SECOND OR SUBSEQUENT

9 OFFENSE. P ENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE

10 DEPOSITED IN THE SAFE CONSUMER PRODUCTS CASH FUND CREATED IN

11 SUBSECTION (3) OF THIS SECTION.

12 (3) (a) T HERE IS HEREBY CREATED IN THE STATE TREASURY THE

13 SAFE CONSUMER PRODUCTS CASH FUND, WHICH SHALL CONSIST OF ANY

14 PENALTIES IMPOSED ON MANUFACTURERS PURSUANT TO SUBSECTION (2)

15 OF THIS SECTION FOR VIOLATING SECTION 25-5-1204. A NY INTEREST

16 EARNED ON THE DEPOSIT OR INVESTMENT OF MONEYS IN THE FUND SHALL

17 REMAIN IN THE FUND AND SHALL NOT BE CREDITED TO THE GENERAL FUND.

18 (b) M ONEYS IN THE SAFE CONSUMER PRODUCTS CASH FUND SHALL

19 BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO

20 THE DEPARTMENT AND SHALL BE USED BY THE DEPARTMENT TO ENFORCE

21 THIS PART 12 AND IDENTIFY CHEMICALS PURSUANT TO SECTION 25-5-1203

22 (3) (b) (I).

23 25-5-1206. Rules. T HE BOARD MAY ADOPT RULES AS NECESSARY

24 FOR THE IMPLEMENTATION OF THIS PART 12.

25 SECTION 2. Act subject to petition - effective date. This act

26 shall take effect at 12:01 a.m. on the day following the expiration of the

27 ninety-day period after final adjournment of the general assembly (August

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1 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a

2 referendum petition is filed pursuant to section 1 (3) of article V of the

3 state constitution against this act or an item, section, or part of this act

4 within such period, then the act, item, section, or part shall not take effect

5 unless approved by the people at the general election to be held in

6 November 2010 and shall take effect on the date of the official

7 declaration of the vote thereon by the governor.

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