NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1088
      
      
      BY REPRESENTATIVE(S) Balmer, Benefield, Looper, Todd, Gardner B.,
      Labuda, Massey, Miklosi, Ryden, Solano, Summers;
      also SENATOR(S) Newell, Bacon, Boyd, Williams.
      
      
      Concerning certification of public benefit nonprofit entities as
           local public procurement units.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  24-110-101, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           24-110-101.  Definitions.  As used in this article, unless the context
      otherwise requires:
      
           (3.5)  "Public benefit nonprofit entity" means an
      organization that:
      
           (a)  Is exempt from federal taxation under 26 U.S.C. sec. 501
      (c) (3) of the federal "Internal Revenue Code of 1986", as amended;
      
           (b)  Does not possess 501 (c) (4) status under the federal
      "Internal Revenue Code of 1986", as amended, 26 U.S.C. sec. 501 (c)
      (4); and
      
           (c)  Receives funds from federal, state, or local
      governmental sources.
      
           SECTION 2.  24-110-207.5 (1), Colorado Revised Statutes, is
      amended, and the said 24-110-207.5 is further amended BY THE
      ADDITION OF A NEW SUBSECTION, to read:
      
           24-110-207.5.  Certification of certain entities as local public
      procurement units - rules - report - repeal.  (1)  The executive director
      may certify any of the following entities as a local public procurement unit:
      
           (a)  Any nonprofit community mental health center, as defined in
      section 27-1-201, (1), C.R.S., any nonprofit community mental health clinic,
      as defined in section 27-1-201, (2), C.R.S., any nonprofit community
      centered board, as defined in section 27-10.5-102, (3), C.R.S., or any
      nonprofit service agency, as defined in section 27-10.5-102, (28), C.R.S.,
      so long as if the entity uses the supplies, services, or construction procured
      for the public mental health system or the public developmentally disabled
      system; or
      
           (b)  Any nonprofit entity eligible to receive funds pursuant to section
      24-32-705 or 24-32-717, so long as if the entity uses the supplies, services,
      or construction procured for the rehabilitation, construction, acquisition, or
      provision of low- or moderate-income housing; or
      
           (c)  Any public benefit nonprofit entity, if the entity uses the
      supplies, services, or construction procured in the furtherance of
      its stated nonprofit purpose.
      
           (3) (a)  On or before February 1, 2011, the department of
      personnel shall report to the house and senate state, veterans,
      and military affairs committees, or their successor committees, on
      the number of public benefit nonprofit entities that were certified
      as local public procurement units, and the total spending by such
      entities under state cooperative purchasing agreements, between
      July 1, 2009, and November 1, 2010.
      
           (b)  This subsection (3) is repealed, effective July 1, 2011.
      
           SECTION 3.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO