First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0453.01 Nicole Myers HOUSE BILL 11-1099 HOUSE SPONSORSHIP Kagan, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the creation of the procurement process improvement task force to determine whether modifications are necessary for a more productive procurement process. 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.) The bill creates the procurement process improvement task force (task force), to meet after the first regular session of the 68th general assembly to determine whether modifications could be made to improve the state procurement process for the benefit of state agencies, Colorado-based vendors, and Colorado-resident employees of vendors. The bill specifies several areas that the task force shall consider and gives the task force the authority to study other areas deemed relevant by the task force. The task force shall consist of 9 members, 4 of whom are members of the general assembly, and 5 of whom are specified nonlegislative members. The task force is required to invite interested and relevant parties to participate in the meetings of the task force and to provide testimony, written comments, and other relevant data to the task force. In addition, the task force is required to submit its written findings and recommendations to the general assembly and may propose up to 5 bills to be considered by the general assembly. The bill specifies that the task force shall be funded through a general fund appropriation, or if no general fund appropriation is made, through gifts, grants, and donations. If sufficient moneys to fund the task force are not received, the meetings of the task force shall not occur. If sufficient moneys are appropriated or received to fund the task force, the nonpartisan legislative staff agencies shall be available to assist the task force in conducting its duties and the legislative members of the task force shall be entitled to receive expenses and payment of per diem. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 101 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 24-101-106. Procurement process improvement task force - repeal. (1) There is hereby created the procurement process improvement task force, referred to in this section as the "task force", to meet after the first regular session of the sixty-eighth general assembly to determine whether modifications can be made to improve the state procurement process for the benefit of state agencies, Colorado-based vendors, and Colorado-resident employees of vendors. The task force shall consider, at a minimum, the following: (a) Whether modifications to the code could be made to make the procurement process accessible to a wider range of businesses, especially businesses owned by Colorado residents, businesses that employ Colorado residents, and small businesses; (b) Possible modifications to the procurement process that would result in savings to state agencies or that would enable the state to procure a better product; (c) Whether the state would realize any efficiencies by utilizing one central procurement office, rather than delegating procurement responsibilities to individual state agencies; (d) Ways to attract new prospective vendors to bid on state contracts; (e) Changes that can be implemented in the procurement process to make the process less burdensome and time consuming for prospective vendors and for state agencies; (f) Methods to better inform the business community about the various opportunities to do business with the state; and (g) The possibility of incorporating into the procurement process a mechanism to reflect the state's interest in maximizing the number of Colorado residents who are employed to work on state procurement projects and maximizing the remuneration of those employees. (2) The task force shall consist of nine members as follows: (a) Four legislative members as follows: (I) Two members of the house of representatives, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives; and (II) Two members of the senate, one appointed by the president of the senate and one appointed by the minority leader of the senate; (b) Two additional members appointed by the speaker of the house of representatives as follows: (I) One member who is a vendor or the representative of a vendor who, due to the nature of the procurement process, has never responded to a state procurement solicitation but offers goods or services of the type that state agencies regularly purchase; and (II) One member who has expertise in the subject of the code, who is not a state employee, and who is a published author regarding the subject of the code; (c) Two additional members appointed by the president of the senate as follows: (I) One member who is a vendor or the representative of a vendor who has been a party to a procurement contract with a state agency and who has successfully completed the project; and (II) One member who represents a statewide labor union federation; and (d) The executive director or the executive director's designee. (3) The legislative members of the task force appointed by the speaker of the house of representatives and the president of the senate shall serve as the co-chairs of the task force. (4) The task force shall invite representatives from state government, private businesses, educational institutions, nonprofit organizations, appropriate trade groups, and any other entity deemed relevant by the task force to participate in the meetings of the task force and to provide testimony, written comments, or other relevant data to the task force. (5) (a) The task force shall not meet more than four times and shall submit its written findings and recommendations in a report to the general assembly no later than November 15, 2011. (b) The task force shall be limited to proposing five bills. If a legislative member of the task force chooses to carry a bill recommended by the task force in the following legislative session, the task force bills shall not count against the individual legislator's bill limits set forth in the joint rules of the senate and the house of representatives. Legislation recommended by the task force shall be subject to the interim committee deadlines pursuant to the joint rules of the senate and the house of representatives. (6) Staff of the legislative council and the office of legislative legal services shall be available to assist the task force in conducting the duties of the task force if sufficient moneys are received to fund the task force pursuant to subsection (8) of this section. (7) Legislative members of the task force shall be entitled to receive expenses and payment of per diem if sufficient moneys are received to fund the task force pursuant to subsection (8) of this section. (8) (a) The general assembly shall make such appropriation as it deems appropriate to fund the work of the task force. (b) If the general assembly does not make an appropriation for purposes of the task force during the first regular session of the sixty-eighth general assembly, the task force shall be funded through gifts, grants, and donations. The speaker of the house of representatives and the president of the senate shall designate an appropriate entity as the custodian of the funds for the task force and the amount of moneys that would be adequate to cover the expenses associated with the task force. Such organization shall certify to the speaker of the house of representatives and the president of the senate that there are adequate moneys available to cover the expenses associated with the task force, at which time the organization shall transfer such moneys to the legislative department cash fund created in section 2-2-1601, C.R.S., to be expended by the executive committee of the legislative council to pay for the expenses of the task force. (c) If the general assembly does not make an appropriation from the general fund pursuant to paragraph (a) of this subsection (8) and if the certification and transfer of moneys required pursuant to paragraph (b) of this subsection (8) does not occur on or before August 1, 2011, the meetings of the task force shall not occur. (9) This section is repealed, effective July 1, 2012. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.