Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

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.