First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0083.01 Jane Ritter SENATE BILL 11-079 SENATE SPONSORSHIP Spence, King K., Renfroe HOUSE SPONSORSHIP Massey, Holbert Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the outsourcing of noninstructional support services in school districts. 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 requires a school district with 10,000 or more students to conduct a review of its budget related to noninstructional support services (services). The school district shall obtain bids in a competitive bidding process from independent sources for those services and report the results of the bidding process in a public meeting. Based on the results of the bidding process, the school district may award one or more contracts for services, unless a contract is already in place for those services or a collective bargaining agreement is in place that would prohibit such a contract. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 44 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 4 OUTSOURCING OF NONINSTRUCTIONAL SUPPORT SERVICES 22-44-401. Short title. This part 4 shall be known and may be cited as the "Outsourcing of Noninstructional Support Services Act". 22-44-402. Legislative declaration. The general assembly hereby finds and declares that, as financial resources are impacted by the economy, making moneys available for classroom instruction becomes increasingly difficult yet vitally important. School districts are encouraged to review their budgets and seek competitive bids for noninstructional support services, such as custodial, transportation, and food services to determine if cost savings can be achieved by outsourcing those services to independent contractors. 22-44-403. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Department" means the department of education created and operating pursuant to section 24-1-115, C.R.S. (2) "Noninstructional support services" means services including, but not limited to, custodial, food, and transportation services, grounds maintenance, printing, and technology repair. 22-44-404. Contracts for noninstructional support services - process - scope. (1) On or before September 30, 2011, each school district of ten thousand students or more shall conduct a review of the noninstructional support services in its budget. The school district shall obtain bids in a competitive bidding process from independent sources for those noninstructional support services. The competitive bidding process shall require that competing bids be posted on the school district's web site. On or before November 1, 2011, each school district shall present, in a public meeting, the results of the competitive bidding process and a plan to award contracts for noninstructional support services to the most competitive qualified bidder. (2) On or after December 1, 2011, a school district may enter into one or more contracts for the provision of noninstructional support services for the district. A school district may contract with any person or entity to provide these services, including but not limited to contracting with a group of its employees or a representation of a group of its employees to provide one or more of these services on a contractual basis rather than an employment basis with benefits. (3) (a) The requirements of this part 4 shall not apply if a collective bargaining agreement is in effect for employees of a school district as of the effective date of this part 4, and if that collective bargaining agreement prevents compliance with any provision of this part 4 until after the expiration of that collective bargaining agreement. (b) If a contract for the provision of one or more noninstructional support services is in effect in a school district, this part 4 shall not apply to the services that are covered by that contract until after the expiration of that contract. 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.