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 11-1030
      
      
      BY REPRESENTATIVE(S) Gardner B., Fields, Kefalas, Kerr J., Labuda,
      Lee, Liston, Looper, Peniston, Priola, Soper, Stephens, Todd, Vigil, Waller;
      also SENATOR(S) Boyd, Aguilar, Carroll, Foster, Heath, Morse, Newell,
      Spence, Williams S.
      
      
      Concerning modifications to the set aside program that requires
           a state agency to first solicit bids for certain services from
           nonprofit agencies that employ persons with severe
           disabilities.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  24-103-802 (3), Colorado Revised Statutes, is
      amended to read:
      
           24-103-802.  Definitions.  As used in this part 8, unless the context
      otherwise requires:
      
           (3)  "Nonprofit agency" means a private nonprofit organization
      established under the laws of the United States or this state that is operated
      in this state in the interest of persons with severe disabilities or that
      specializes in services for persons with severe disabilities, the net income
      of which does not benefit in whole or in part any shareholder or officer.
      
           SECTION 2.  24-103-803 (2) (a), Colorado Revised Statutes, is
      amended to read:
      
           24-103-803.  Nonprofit agencies - self-certified vendor list -
      creation.  (2)  The department shall accept applications from any nonprofit
      agency that seeks to become a self-certified vendor to bid on certain
      services solicitations.  In order for a nonprofit agency to become a
      self-certified vendor, the nonprofit agency shall certify that:
      
           (a)  The nonprofit agency is an independent tax-exempt charitable or
      social welfare organization operating under section 501 (c) (3) of the
      federal "Internal Revenue Code of 1986", as amended, and is operating
      in Colorado;
      
           SECTION 3.  24-103-805, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           24-103-805.  Contract set asides - bid process created by
      department of personnel - obligation of state agencies - rules.  (7)  Any
      state agency that awards a services solicitation to a
      self-certified vendor pursuant to this part 8 shall include in the
      contract with such self-certified vendor the requirement that the
      vendor must maintain the requirements to be a self-certified
      vendor pursuant to section 24-103-803 (2) for the entire term of
      the contract.
      
           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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO