First Regular Session
Sixty-first General Assembly
LLS NO. 970298.01 MKD
HOUSE BILL 971087
STATE OF COLORADO
BY REPRESENTATIVE Hagedorn
LOCAL GOVERNMENT
A BILL FOR AN ACT
CONCERNING LIMITATIONS ON THE AUTHORITY OF LOCAL
GOVERNMENTS TO TAKE CERTAIN ACTIONS THAT PROHIBIT THE COMPETITIVE
PROVISION OF NONEMERGENCY AMBULANCE SERVICE.
Bill Summary
"Local Govt Nonemergency Ambulance Svc"
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Prohibits counties with populations over 100,000
and municipalities located within such counties from taking certain
actions having the effect of prohibiting competition in the delivery
of nonemergency ambulance service. Defines "nonemergency
ambulance service".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3011107 (1) (q), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
3011107. Powers of the board. (1) The board of county commissioners of each county has power at any meeting:
(q) (I) To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service; EXCEPT THAT NO BOARD OF COUNTY COMMISSIONERS IN ANY COUNTY HAVING A POPULATION OF ONE HUNDRED THOUSAND OR MORE SHALL TAKE ANY ACTION HAVING THE EFFECT OF GRANTING TO ONE PROVIDER AN EXCLUSIVE RIGHT OR MONOPOLY TO PROVIDE NONEMERGENCY AMBULANCE SERVICE WITHIN SAID COUNTY. SUCH ACTIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE GRANTING OF EXCLUSIVE CONTRACTS, THE ADOPTION OF EXCLUSIVE PERMITTING REGULATIONS, AND THE IMPLEMENTATION OF OTHER ARRANGEMENTS DESIGNED TO ELIMINATE COMPETITIVE NONEMERGENCY AMBULANCE SERVICE.
(II) FOR PURPOSES OF THIS PARAGRAPH (q), " NONEMERGENCY AMBULANCE SERVICE " MEANS THE TRANSPORTATION OF PERSONS BY AMBULANCE WHO ARE SICK, INJURED, OR OTHERWISE INCAPACITATED OR HELPLESS BUT ARE IN NO IMMEDIATE DANGER OF LOSS OF LIFE, LIMB, OR WELLBEING DUE TO SUCH INFIRMITIES. "NONEMERGENCY AMBULANCE SERVICE" INCLUDES, BUT IS NOT LIMITED TO, TRANSPORTATION OF PATIENTS BETWEEN HOSPITALS, NURSING HOMES, DOCTORS' OFFICES, AND OTHER MEDICAL FACILITIES.
SECTION 2. 3115201 (1) (f), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
3115201. Administrative powers. (1) The governing bodies in municipalities shall have the following general powers in relation to the administration of the municipality's affairs:
(f) (I) To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service; EXCEPT THAT NO GOVERNING BODY OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN PART WITHIN ANY COUNTY HAVING A POPULATION OF ONE HUNDRED THOUSAND OR MORE SHALL TAKE ANY ACTION HAVING THE EFFECT OF GRANTING TO ONE PROVIDER AN EXCLUSIVE RIGHT OR MONOPOLY TO PROVIDE NONEMERGENCY AMBULANCE SERVICE WITHIN SAID MUNICIPALITY. SUCH ACTIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE GRANTING OF EXCLUSIVE CONTRACTS, THE ADOPTION OF EXCLUSIVE PERMITTING REGULATIONS, AND THE IMPLEMENTATION OF OTHER ARRANGEMENTS DESIGNED TO ELIMINATE COMPETITIVE NONEMERGENCY AMBULANCE SERVICE.
(II) FOR PURPOSES OF THIS PARAGRAPH (f), " NONEMERGENCY AMBULANCE SERVICE " MEANS THE TRANSPORTATION OF PERSONS BY AMBULANCE WHO ARE SICK, INJURED, OR OTHERWISE INCAPACITATED OR HELPLESS BUT ARE IN NO IMMEDIATE DANGER OF LOSS OF LIFE, LIMB, OR WELLBEING DUE TO SUCH INFIRMITIES. " NONEMERGENCY AMBULANCE SERVICE " INCLUDES, BUT IS NOT LIMITED TO, TRANSPORTATION OF PATIENTS BETWEEN HOSPITALS, NURSING HOMES, DOCTORS' OFFICES, AND OTHER MEDICAL FACILITIES.
SECTION 3. 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.