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
|||| 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 this22 (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 this39 (5) This act shall have no application to the preparation 40 and submission of plans and specifications pursuant to section 50-1105,41 Idaho Codestatute 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 Subcontractors are 3 named in accordance with the provisions of this section , they 4 must possess anthe appropriate license 5 s or certificate s of competency issued by the state of 6 Idaho covering the contractor work classification in which the7 each respective subcontractor is named.
|||| 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 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