First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0133.01 Jery Payne           HOUSE BILL 11-1112
                    HOUSE SPONSORSHIP
 Looper,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Economic and Business Development
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the regulation of motor vehicles that
            transport recipients of medical assistance under the
            medicaid program.
       
       
                           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.)
       
            Section 1 of the bill exempts from regulation as a public utility
       motor vehicles used for the nonemergency transportation of persons
       eligible for public medical benefits under medicaid.  Section 2 requires
       the driver of such a vehicle to undergo a criminal history record check. 
       Section 3 requires a driver of a transport vehicle to have a driver's license
       and pay a $35 fee.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  40-16-101 (4), Colorado Revised Statutes, is
       amended, and the said 40-16-101 is further amended BY THE
       ADDITION OF A NEW SUBSECTION, to read:
            40-16-101.  Definitions.  As used in this article, unless the context
       otherwise requires:
            (4)  "Motor vehicle carrier exempt from regulation as a public
       utility" means a person who offers services by charter or scenic bus, fire
       crew transport, luxury limousine, off-road scenic charter, or children's
       activity bus, or nonemergency medicaid transport vehicle.
            (4.5)  "Nonemergency medicaid transport vehicle" means
       a motor vehicle used for nonemergency transportation of
       recipients of medical assistance under the "Colorado Medical
       Assistance Act", articles 4 to 6 of title 25.5, C.R.S.
            SECTION 2.  40-16-104.5 (1), Colorado Revised Statutes, is
       amended to read:
            40-16-104.5.  Criminal history record check - passenger
       transport drivers - rules.  (1)  An individual who wishes to become
       employed by or who contracts with a person who offers services by
       charter or scenic bus, luxury limousine, off-road scenic charter, or
       children's activity bus, or nonemergency medicaid transport
       vehicle to drive a motor vehicle in connection with the service shall
       submit a set of his or her fingerprints to the commission.  The
       commission shall forward the fingerprints to the Colorado bureau of
       investigation for the purpose of obtaining a fingerprint-based criminal
       history record check.  Upon receipt of fingerprints and payment for the
       costs, the Colorado bureau of investigation shall conduct a state and
       national fingerprint-based criminal history record check utilizing records
       of the Colorado bureau of investigation and the federal bureau of
       investigation.  The commission shall be is the authorized agency
       authorized to receive information regarding the result of a national
       criminal history record check.  The individual whose fingerprints are
       checked pursuant to this subsection (1) shall bear the actual costs of the
       state and national fingerprint-based criminal history record check.
            SECTION 3.  Article 16 of title 40, Colorado Revised Statutes, is
       amended BY THE ADDITION OF THE FOLLOWING NEW
       SECTIONS to read:
            40-16-112.  Colorado driver's license required.  A person
       shall not drive a nonemergency medicaid transport vehicle to
       transport medicaid recipients unless the person possesses a valid
       Colorado driver's license.
            40-16-113.  Fee - nonemergency medicaid transport vehicle. 
       An applicant for registration shall pay a fee of thirty-five
       dollars to apply to register a nonemergency medicaid transport
       vehicle under this article.
            SECTION 4.  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.