HOUSE 3rd Reading Unamended February 9, 2011 HOUSE 2nd Reading Unamended February 8, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0474.01 Gregg Fraser HOUSE BILL 11-1054 HOUSE SPONSORSHIP Ramirez, SENATE SPONSORSHIP Harvey, House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning a requirement that the regional transportation district contract a certain amount of its vehicular service to private businesses pursuant to competitively negotiated contracts. 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://www.leg.state.co.us/billsummaries.) Prior to 2007, the regional transportation district (RTD) was required to contract at least 50% of its vehicular service with qualified private businesses pursuant to competitively negotiated contracts. This provision was modified in 2007 to allow RTD, in its discretion, to contract up to 58% of its vehicular service pursuant to such contracts. The bill repeals the 58% ceiling for private contracts and returns the contracting provision back to the mandatory 50% minimum requirement that existed prior to 2007. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 32-9-119.5 (2) (a) and (3) (a) (I), Colorado Revised Statutes, are amended to read: 32-9-119.5. Competition to provide vehicular service within the regional transportation district. (2) (a) The district may shall implement a system under which up to fifty-eight whereby at least fifty percent of the district's all vehicular service is shall be provided by qualified private businesses pursuant to competitively negotiated contracts. (3) (a) (I) Subject to the requirements of the "Federal Transit Act", 49 U.S.C. sec. 5301 et seq., as amended, the district may shall request proposals from private providers to provide up to fifty-eight at least fifty percent of all of the vehicular service of the district as measured by vehicle hours or vehicle hour equivalents. The district's decision as to which vehicular services are shall be subject to requests for proposals shall be representative of the district's total vehicular service operations; except that each individual request for proposals may designate one type of vehicular service. Service provided by private businesses pursuant to this section shall be accomplished through attrition of the district's full-time employees. No layoffs shall occur solely as a result of the implementation of this section. If the director of the division of labor in the department of labor and employment orders an arbitration pursuant to section 8-3-113 (3), C.R.S., the arbitrator shall not have the power to establish a level of vehicular service to be provided by private businesses in accordance with this section. SECTION 2. 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 (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.