2000 Legislation
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HOUSE BILL NO. 388 – Purchasing Div/exchnge proprty/when

HOUSE BILL NO. 388

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Daily Data Tracking History



H0388........................................................by MR. SPEAKER
                   Requested by:  Division of Purchasing
PURCHASING DIVISION - Amends existing law to provide that the administrator
of the Division of Purchasing may permit an exchange of property in part
payment for new property acquisitions from contracts for the same or
similar property.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to St Aff
01/26    Rpt out - rec d/p - to 2nd rdg
01/27    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 61-0-9
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, 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, Moss, Moyle, Pearce,
      Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith, Stevenson, Stoicheff, Stone, Tilman, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Gould, Mortensen, Pischner, Ridinger,
      Smylie, Taylor, Trail, Mr Speaker
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
02/01    Senate intro - 1st rdg - to St Aff
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Branch
    Floor Sponsor - Sandy
    Title apvd - to House
02/09    To enrol
02/10    Rpt enrol - Sp signed
02/11    Pres signed
02/14    To Governor
02/18    Governor signed
         Session Law Chapter 5
         Effective: 07/01/00

Bill Text


 H0388
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 388
                                                                        
                                       BY MR. SPEAKER
                            Requested by: Division of Purchasing
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALE, TRADE-IN OR EXCHANGE OF STATE PERSONAL PROPERTY;  AMEND-
  3        ING SECTION 67-5722, IDAHO CODE, TO PROVIDE THAT THE  ADMINISTRATOR OF THE
  4        DIVISION  OF PURCHASING MAY PERMIT AN EXCHANGE OF PROPERTY IN PART PAYMENT
  5        FOR NEW PROPERTY ACQUISITIONS FROM CONTRACTS FOR THE SAME OR SIMILAR PROP-
  6        ERTY; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 67-5722, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        67-5722.  SALE,  TRADE-IN OR EXCHANGE OF STATE PERSONAL PROPERTY. Whenever
 11    any agency owns any property no longer economical to use, the administrator of
 12    the division of purchasing may dispose of such property by exchanging the same
 13    in part payment for new property, as provided for in this section. The  admin-
 14    istrator of the division of purchasing shall include in his request for bids a
 15    full  description  of  the  property to be exchanged as part payment and shall
 16    permit each registered vendor to examine the same, and the contract  shall  be
 17    awarded on the basis of net cost to the state after allowance for the property
 18    to  be  exchanged in part payment. In addition, the administrator of the divi-
 19    sion of purchasing may permit an exchange of property in part payment for  new
 20    property acquisitions from contracts for the same or similar property.
 21        Exchange  of  property will be permitted only when it is determined by the
 22    administrator of the division of purchasing that all other methods of disposal
 23    of the property sought to be exchanged will yield a lesser monetary return  to
 24    the state.
 25        In  accordance  with  the  internal  management  policies,  guidelines  or
 26    instructions  of the board of examiners, the head of any agency may declare as
 27    surplus any item of personal property.
                                                                        
 28        SECTION 2.  This act shall be in full force and effect on and  after  July
 29    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                            RS09341
                                   
      Trade-ins of property in part payment for new property can
    reduce the cost of new property.  Existing purchasing law
    limits trade-ins to very narrow circumstances. The property to
    be traded must be specifically identified in bid documents.
    When this cannot be done, trade-ins are precluded and agencies
    may forfeit significant cost savings.  For example, trade-ins
    are precluded under statewide contracts (applicable to all
    agencies) because it is not possible to make the required
    property identification at the time of the bid. The proposed
    legislation would amend Idaho Code 67-5722 to give
    flexibility to allow agencies to use trade-ins when they would
    yield a better return than other methods of disposal and
    reduce the cost of new property. 
      
                          FISCAL IMPACT
                                   
      No negative fiscal impact.  The proposed legislation should
    allow state agencies to benefit on trade-ins, particularly in
    the area of technology, where there are statewide contracts.
      
    CONTACT
    Name:                         Jan Cox
                                                                Administrator
    Agency:                       Division of Purchasing
    Phone:                        327-7465