1999 Legislation
Print Friendly

SENATE BILL NO. 1100, As Amended – Public wks/subcontrctr bid verified

SENATE BILL NO. 1100, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1100aa.....................................by COMMERCE AND HUMAN RESOURCES
PUBLIC WORKS - Amends existing law to provide for verification of
subcontractors' bids before a general contractor submits a bid for a public
works project; and to provide a process for substitution of a subcontractor
when a general contractor has secured a contract.

02/03    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to Com/HuRes
02/12    Rpt out - to 14th Ord
02/16    Rpt out amen - to engros
02/17    Rpt engros - 1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/23    3rd rdg as amen - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Davis, Parry
    Floor Sponsor - 25-6-4
    Title apvd - to House
02/24    House intro - 1st rdg as amen - to Comm/Hu Res
03/04    Rpt out - rec d/p - to Bus
03/10    Rpt out - rec d/p - to 2nd rdg as amen
03/11    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, 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, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets,
      (Miller)(Trail), Watson, Wheeler, Williams, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Gould, Limbaugh, Pischner, Wood, Mr.
      Speaker
    Floor Sponsor - Alltus
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 167
         Effective: 07/01/99

Bill Text


S1100


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

                                      IN THE SENATE

                             SENATE BILL NO. 1100, As Amended

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO LISTING OF SUBCONTRACTORS ON BID OF GENERAL CONTRACTOR FOR A  PUB-
 3        LIC  WORKS  PROJECT;  AMENDING SECTION 67-2310, IDAHO CODE, TO PROVIDE FOR
 4        VERIFICATION OF SUBCONTRACTORS' BIDS BEFORE A GENERAL CONTRACTOR SUBMITS A
 5        BID FOR A PUBLIC WORKS PROJECT, TO PROVIDE A PROCESS  FOR  SUBSTITUTING  A
 6        SUBCONTRACTOR WHEN A GENERAL CONTRACTOR HAS SECURED A CONTRACT AND TO MAKE
 7        TECHNICAL CORRECTIONS.

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

 9        SECTION  1.  That  Section 67-2310, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        67-2310.  SUBCONTRACTORS TO BE LISTED ON BID OF GENERAL  CONTRACTOR  
12    --  EXCEPTIONS .  (1)   Hereafter, before the state of Idaho,
13    the separate counties, cities, towns, villages or school districts within  the
14    state  of Idaho shall let contracts for the construction, alteration or repair
15    of any and all buildings, improvements or public works, and such construction,
16    alteration or repair requires plumbing, heating and air-conditioning work,  or
17    electrical  work,  the  general contractor shall be required to include in his
18    bid the name, or names and address, or addresses, of  the  subcontractors  who
19    shall,  in  the  event  the  contractor  secures the contract, subcontract the
20    plumbing, heating and air-conditioning work, and  electrical  work  under  the
21    general contract .  ; provided, however, that this 
22          (2)  No  general contractor shall name any subcontractor in his bid
23    unless the general contractor has received communication from the  subcontrac-
24    tor.  For  the  purposes  of this section, "communication" shall include tele-
25    phone, mail, facsimile machine, in person, or by computer using  the  internet
26    or a bid service.
27        (3)  In  the  event  a general contractor secures the contract, and if the
28    general contractor and a named subcontractor  cannot  finalize  the  terms  of
29    agreement  between them for any reason other than cost, the general contractor
30    shall name another subcontractor by written notification within ten (10)  days
31    of  being awarded the public works contract. The general contractor shall dis-
32    close to the public entity the cost for work to be performed by the substitute
33    subcontractor. If the amount of the substitute  subcontractor's  bid  is  less
34    than  the  original subcontractor's bid, the reduction in cost shall be passed
35    through to the benefit of the public entity which awarded the contract.
36        (4)  This  act shall not apply to the  construction,  alteration  or
37    repair  of  public buildings under the jurisdiction of the board of regents of
38    the University of Idaho .  ; further that this 
39         (5)  This  act shall have no application  to  the  preparation
40    and  submission of plans and specifications pursuant to  section 50-1105,
41    Idaho Code   statute or local ordinance .
42         (6)   Failure to name subcontractors as required by this  sec-
43    tion  shall  render any bid submitted by a general contractor unresponsive and


                                          2

 1    void.
 2         (7)  At the time  s    S  ubcontractors    are
 3      named  in  accordance  with the provisions of this section , they
 4     must possess  an   the  appropriate  license
 5    s    or  certificate  s  of competency issued by the state of
 6    Idaho covering the contractor work classification in which    the  
 7     each respective  subcontractor is named.

Amendment


AS1100


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

                                       Moved by     King                 

                                       Seconded by  Davis                


                                      IN THE SENATE
                            SENATE AMENDMENT TO S.B. NO. 1100

 1                               AMENDMENTS TO SECTION 1
 2        On page 1 of the printed bill, in line 23, following "  subcontractor
 3    "  insert:  "  .  "; delete the remainder of the line, delete
 4    lines 24 and 25; in line 26 delete " nication to the general  contractor.
 5    ";  and  in  line  27 following " telephone, " insert: "
 6    mail, ".

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                              RS8830

     CLARIFIES THE "NAMING LAW" FOR PUBLIC WORKS PROJECTS. THE
 CONTRACTOR BIDDING TO A PUBLIC WORKS ENTITY MUST HAVE A BID FROM
 THE SUBCONTRACTOR PRIOR TO BEING NAMED. PROVIDES FOR A PROCEDURE
 TO CHANGE SUBCONTRACTORS IF A CONTRACT CAN NOT BE NEGOTIATED FOR
    REASONS OTHER THAN COST. PREVENTS "BID SHOPPING" AFTER THE
         CONTRACTOR SECURES THE PROJECT FROM PUBLIC WORKS.
                                 
                                 
                                 
                                 
                                 
                                 

                            FISCAL NOTE

NO FISCAL IMPACT











CONTACT:  SENATOR ROBBI KING
         332-1339
         
                                                             S 1100