1999 Legislation
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HOUSE BILL NO. 143 – Purchase/state/recycled paper prod


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Daily Data Tracking History

H0143..............................................by ENVIRONMENTAL AFFAIRS
RECYCLED PAPER PRODUCTS - Amends existing law to provide a recycled paper
product preference for purchasing by the state and its political

02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Env Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor(Taylor), Tilman, Tippets, Trail, Wheeler, Williams, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Gould, Linford, Watson
    Floor Sponsor - Trail
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/16    3rd rdg - FAILED - 14-16-5
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Dunklin, Hawkins,
      McLaughlin, Noh, Riggs, Schroeder, Sorensen, Stennett, Thorne,
      NAYS--Cameron, Crow, Danielson, Darrington, Davis, Deide, Geddes,
      Ingram, Ipsen, King, Lee, Richardson, Risch, Sandy, Stegner, Twiggs
      Absent and excused--Branch, Frasure, Keough, Parry, Wheeler
    Floor Sponsor - Whitworth
    Filed with Chief Clerk

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 143

                            BY ENVIRONMENTAL AFFAIRS COMMITTEE

 1                                        AN ACT

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Section 67-5716, Idaho Code, be, and the same  is  hereby
 9    amended to read as follows:

10        67-5716.  DEFINITIONS  OF TERMS. (1) Acquisition. The process of procuring
11    or purchasing property by the state of Idaho.
12        (2)  Procurement. Obtaining property for state use by lease, rent, or  any
13    manner other than by purchase or gift.
14        (3)  Property. Goods, services, parts, supplies and equipment, both tangi-
15    ble  and  intangible, including, but nonexclusively, designs, plans, programs,
16    systems, techniques and any rights and interests in such property.
17        (4)  Goods. Items of personal property, not qualifying as equipment, parts
18    or supplies.
19        (5)  Services.  Personal  services,  in  excess  of  personnel   regularly
20    employed  for  whatever duration and/or covered by personnel system standards,
21    for which bidding is not prohibited or made impractical by statute,  rules  or
22    generally accepted ethical practices.
23        (6)  Parts.  Items of personal property acquired for repair or replacement
24    of unserviceable existing items.
25        (7)  Supplies. Items of personal property having an expendable quality  or
26    during  its  normal use is consumed and which requires or suggests acquisition
27    in bulk.
28        (8)  Equipment. Items of personal property which have a normal useful life
29    expectancy of two (2) or more years.
30        (9)  Component. An item of property normally assembled  with  other  items
31    into  a  unified  productive  whole  at the site of use, which items belong to
32    functional classes that may be interchangeable units of similar  function  but
33    differing operational or productive capabilities.
34        (10) Vendor.  A  person  or  entity  capable  of supplying property to the
35    state.
36        (11) Bidder. A registered vendor who has submitted a  bid  on  a  specific
37    item or items of property to be acquired by the state.
38        (12) Lowest  responsible bidder. The responsible bidder whose bid reflects
39    the lowest acquisition price to be paid by the state; except that when  speci-
40    fications  are  valued  or comparative performance examinations are conducted,
41    the results of such examinations and the relative score of  valued  specifica-
42    tions  will  be  weighed, as set out in the specifications, in determining the
43    lowest acquisition price.


 1        (13) Contractor. A bidder who has been awarded an acquisition contract.
 2        (14) Registered vendor. A qualified vendor registered with the administra-
 3    tor of the division of purchasing.
 4        (15) Agency. All officers, departments, divisions, bureaus,  boards,  com-
 5    missions and institutions of the state, including the public utilities commis-
 6    sion, but excluding other legislative and judicial branches of government, and
 7    excluding the governor, the  lieutenant-governor    lieutenant
 8    governor , the secretary of state, the state controller, the state trea-
 9    surer, the attorney general, and the superintendent of public instruction.
10        (16) Bid.  A  written  offer  to  perform a contract to purchase or supply
11    property or services in response to an invitation for bid or request for  pro-
12    posal.
13         (17) Recyclable. Materials that still have useful physical, chemical
14    or biological properties after serving their original purposes and can, there-
15    fore, be reasonably reused or recycled for the same or other purposes.
16        (18) Recycled-content  product.  A  product  containing postconsumer waste
17    and/or secondary waste as defined in this section.
18        (19) Postconsumer waste. A finished material which would normally be  dis-
19    posed of as a solid waste, having completed its life cycle as a consumer item.
20        (20) Secondary waste. Fragments of products or finished products of a man-
21    ufacturing  process, which has converted a virgin resource into a commodity of
22    real economic value and may include a postconsumer waste. 

23        SECTION 2.  That Section 67-5717, Idaho Code, be, and the same  is  hereby
24    amended to read as follows:

26    CHASING. The administrator of the division of purchasing:
27        (1)  Shall acquire, according to the provisions of this chapter, all prop-
28    erty for state agencies;
29        (2)  Shall acquire all property, unless excepted, by competitive bid,  and
30    shall  specifically require competitive bids for property to be rented, leased
31    or purchased through a deferred payment plan;
32        (3)  Shall determine, based upon the requirements contained in the  speci-
33    fication  and matter relating to responsibility, the lowest responsible bidder
34    in all competitively bid acquisition contracts;
35        (4)  Shall enter into all contracts and agreements, and any  modifications
36    thereto,  for  the acquisition of any and all property in behalf of and in the
37    name of the state;
38        (5)  Shall, when economically feasible and practical, consolidate requisi-
39    tions and acquire property in amounts as large as can be  efficiently  managed
40    and controlled;
41        (6)    In the evaluation of paper product bids, those items that meet
42    the recycled content standards as specified by the administrator may be  given
43    a  five  percent  (5%)  purchasing preference. As such, those qualifying paper
44    products may be considered to cost five percent (5%) less  when  choosing  the
45    lowest responsible bidder;
46        (7)    May appoint a deputy, who shall have power to act for him and
47    in his place while absent, which deputy shall be bonded to the state of  Idaho
48    as prescribed by chapter 8, title 59, Idaho Code;
49        (  7   8 )  May require from any contractor the sub-
50    mission of a performance bond for such sum as will,  in  the  opinion  of  the
51    administrator,  guarantee  the  faithful performance of such contract, and the
52    amount and requirement therefor shall be set out in the specifications;
53        ( 8  9 )  May enter  into  open  contracts  for  the


 1    acquisition  of  property  commonly  used  by the various agencies, based upon
 2    actual or estimated requirements;
 3        Unless an acquiring agency can show a substantial difference  between  the
 4    required    capabilities and the capabilities provided by such property avail-
 5    able on open contract, all agencies must utilize such  property  available  on
 6    such  contracts  and  failure  to  comply with this provision will subject the
 7    officers responsible for the acquisition to the penalties set  forth  in  this
 8    chapter;
 9        ( 9  10 ) May enter into contracts, including leases
10    and  rentals,  for  periods  of time exceeding one (1) year provided that such
11    contracts contain no penalty to or restriction upon the  state  in  the  event
12    cancellation  is  necessitated by a lack of financing for any such contract or
13    contracts;
14        (1 0  1 ) Is authorized and empowered  to  formulate
15    rules  in  the conduct of the office of the division of purchasing, subject to
16    the approval of the director of the department of administration;
17        (1 1  2 ) In accordance with  established  rules  of
18    the  division, may accept competitive sealed proposals and enter into negotia-
19    tions for acquisitions for which competitive sealed bidding is not practicable
20    or advantageous to the state;
21        (1 2  3 ) May inspect property delivered by  a  con-
22    tractor to determine whether it meets minimum bid specifications;
23        (1  3  4 ) May classify, after review with the vari-
24    ous agencies, the requirements of the state for  all  property  which  may  be
25    acquired  and  adopt standards of quality for property, and establish standard
26    specifications for  acquisition.  Each  standard  specification  shall,  until
27    revised  or rescinded, apply alike in terms and effect to each future acquisi-
28    tion of the classified property.

29        SECTION 3.  That Section 67-2349, Idaho Code, be, and the same  is  hereby
30    amended to read as follows:

32     FOR PURCHASES.  (1)  To the extent permitted by federal laws
33    and  regulations,  whenever  the  state of Idaho, or any department, division,
34    bureau or agency thereof, or any city,  county,  school  district,  irrigation
35    district,  drainage district, sewer district, highway district, good road dis-
36    trict, fire district, flood district, or other public body, shall let for  bid
37    any  contract  for purchase of any materials, supplies, services or equipment,
38    the bidder domiciled outside the boundaries of Idaho  shall  be  required,  in
39    order  to be successful, to submit a bid the same percent less than the lowest
40    bid submitted by a responsible bidder domiciled in Idaho as would be  required
41    for  such  an Idaho domiciled bidder to succeed over the bidder domiciled out-
42    side Idaho on a like contract being let in his domiciliary state.
43        For the purposes of this section, any bidder domiciled outside the  bound-
44    aries  of  the  state of Idaho may be considered as an Idaho domiciled bidder,
45    provided that there exists for a period of one (1) year preceding the date  of
46    the bid a significant Idaho economic presence as defined herein. A significant
47    economic presence shall consist of the following:
48        (a)  That  the  bidder  maintain  in Idaho fully staffed offices, or fully
49        staffed sales offices or divisions, or fully  staffed  sales  outlets,  or
50        manufacturing  facilities,  or warehouses or other necessary related prop-
51        erty; and
52        (b)  If a corporation be registered and licensed to  do  business  in  the
53        state of Idaho with the office of the secretary of state.


 1          (2)  In the evaluation of paper product bids, those items that meet
 2    recycled content standards may be given not more than a five percent (5%) pur-
 3    chasing preference. As such, those qualifying paper products may be considered
 4    to cost five percent (5%) less when choosing the  lowest  responsible  bidder.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

This legislation amends Section 67-5716, Section 67-5717, and
Section 67-2349 of the Idaho Code to allow a 5% purchasing
preference for recycled paper products.

                            EISCAL NOTE

As this is an optional program, there will be no impact for
agencies that choose not to implement the purchasing preference.
For those that do, the increase in costs to Central Purchasing
could be 5% or less. Because most recycled-content materials will
be less than 5% of their virgin equivalents, the anticipated
fiscal impact could be proportionately less.

CONTACT: Rep. Tom Trail -- Phone 332-1000
       Senator Gary Schroeder -- Phone 332-1000
                                       STATEMENT OE PURPOSE/ EISCAL NOTE  8ill No.  H 143