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H0572..............................................by ENVIRONMENTAL AFFAIRS RECYCLED PAPER PRODUCTS - Amends existing law to provide a state purchasing preference for recycled paper products. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Env Aff 02/25 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 02/29 3rd rdg - PASSED - 45-17-8 AYES -- Alltus, Barraclough, Bieter, Black, Boe, Campbell, Chase, Cheirrett, Deal, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(29), Henbest, Jaquet, Kellogg, Kempton, Kendell, Kunz, Loertscher, Marley, Meyer, Mortensen, Moss, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler NAYS -- Barrett, Bell, Bruneel, Callister, Clark, Cuddy, Denney, Hansen(23), Hornbeck, Judd, Lake, Mader, McKague, Pearce, Pischner, Wood, Zimmermann Absent and excused -- Crow, Geddes, Gould, Jones, Linford, Montgomery, Moyle, Mr Speaker Floor Sponsor - Trail Title apvd - to Senate 03/01 Senate intro - 1st rdg - to St Aff 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 18-9-8 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Dunklin, Ingram, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch, Schroeder, Sorensen, Stennett, Wheeler, Whitworth, Williams NAYS--Branch, Cameron, Crow, Darrington, Deide, Frasure, Ipsen, Sandy, Stegner Absent and excused--Danielson, Davis, Geddes, Hawkins, Keough, McLaughlin, Parry, Thorne Floor Sponsor - Schroeder Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 316 Effective: 07/01/00
H0572|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 572 BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE PURCHASING LAW; AMENDING SECTION 67-5716, IDAHO CODE, TO 3 PROVIDE ADDITIONAL DEFINITIONS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 4 ING SECTION 67-5717, IDAHO CODE, TO PROVIDE A PURCHASING PREFERENCE FOR 5 RECYCLED PAPER PRODUCTS; AMENDING SECTION 67-2349, IDAHO CODE, TO PROVIDE 6 A PURCHASING PREFERENCE FOR RECYCLED PAPER PRODUCTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5716, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5716. DEFINITIONS OF TERMS. (1) Acquisition. The process of procuring 12 or purchasing property by the state of Idaho. 13 (2) Procurement. Obtaining property for state use by lease, rent, or any 14 manner other than by purchase or gift. 15 (3) Property. Goods, services, parts, supplies and equipment, both tangi- 16 ble and intangible, including, but nonexclusively, designs, plans, programs, 17 systems, techniques and any rights and interests in such property. 18 (4) Goods. Items of personal property, not qualifying as equipment, parts 19 or supplies. 20 (5) Services. Personal services, in excess of personnel regularly 21 employed for whatever duration and/or covered by personnel system standards, 22 for which bidding is not prohibited or made impractical by statute, rules or 23 generally accepted ethical practices. 24 (6) Parts. Items of personal property acquired for repair or replacement 25 of unserviceable existing items. 26 (7) Supplies. Items of personal property having an expendable quality or 27 during its normal use is consumed and which requires or suggests acquisition 28 in bulk. 29 (8) Equipment. Items of personal property which have a normal useful life 30 expectancy of two (2) or more years. 31 (9) Component. An item of property normally assembled with other items 32 into a unified productive whole at the site of use, which items belong to 33 functional classes that may be interchangeable units of similar function but 34 differing operational or productive capabilities. 35 (10) Vendor. A person or entity capable of supplying property to the 36 state. 37 (11) Bidder. A registered vendor who has submitted a bid on a specific 38 item or items of property to be acquired by the state. 39 (12) Lowest responsible bidder. The responsible bidder whose bid reflects 40 the lowest acquisition price to be paid by the state; except that when speci- 41 fications are valued or comparative performance examinations are conducted, 42 the results of such examinations and the relative score of valued specifica- 43 tions will be weighed, as set out in the specifications, in determining the 2 1 lowest acquisition price. 2 (13) Contractor. A bidder who has been awarded an acquisition contract. 3 (14) Registered vendor. A qualified vendor registered with the administra- 4 tor of the division of purchasing. 5 (15) Agency. All officers, departments, divisions, bureaus, boards, com- 6 missions and institutions of the state, including the public utilities commis- 7 sion, but excluding other legislative and judicial branches of government, and 8 excluding the governor, thelieutenant-governorlieutenant governor, the sec- 9 retary of state, the state controller, the state treasurer, the attorney gen- 10 eral, and the superintendent of public instruction. 11 (16) Bid. A written offer to perform a contract to purchase or supply 12 property or services in response to an invitation for bid or request for pro- 13 posal. 14 (17) Recyclable. Materials that still have useful physical, chemical or 15 biological properties after serving their original purposes and can, there- 16 fore, be reasonably reused or recycled for the same or other purposes. 17 (18) Recycled-content product. A product containing postconsumer waste 18 and/or secondary waste as defined in this section. 19 (19) Postconsumer waste. A finished material which would normally be dis- 20 posed of as a solid waste, having completed its life cycle as a consumer item. 21 (20) Secondary waste. Fragments of products or finished products of a man- 22 ufacturing process, which has converted a virgin resource into a commodity of 23 real economic value and may include a postconsumer waste. 24 SECTION 2. That Section 67-5717, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-5717. POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF PUR- 27 CHASING. The administrator of the division of purchasing: 28 (1) Shall acquire, according to the provisions of this chapter, all prop- 29 erty for state agencies; 30 (2) Shall acquire all property, unless excepted, by competitive bid, and 31 shall specifically require competitive bids for property to be rented, leased 32 or purchased through a deferred payment plan; 33 (3) Shall determine, based upon the requirements contained in the speci- 34 fication and matter relating to responsibility, the lowest responsible bidder 35 in all competitively bid acquisition contracts; 36 (4) Shall enter into all contracts and agreements, and any modifications 37 thereto, for the acquisition of any and all property in behalf of and in the 38 name of the state; 39 (5) Shall, when economically feasible and practical, consolidate requisi- 40 tions and acquire property in amounts as large as can be efficiently managed 41 and controlled; 42 (6) May, in the evaluation of paper product bids, give those items that 43 meet the recycled content standards as specified by the administrator a five 44 percent (5%) purchasing preference. As such, those qualifying paper products 45 may be considered to cost five percent (5%) less when choosing the lowest 46 responsible bidder; 47 (7) May appoint a deputy, who shall have power to act for him and in his 48 place while absent, which deputy shall be bonded to the state of Idaho as pre- 49 scribed by chapter 8, title 59, Idaho Code; 50 (78) May require from any contractor the submission of a performance bond 51 for such sum as will, in the opinion of the administrator, guarantee the 52 faithful performance of such contract, and the amount and requirement therefor 53 shall be set out in the specifications; 3 1 (89) May enter into open contracts for the acquisition of property com- 2 monly used by the various agencies, based upon actual or estimated require- 3 ments; 4 Unless an acquiring agency can show a substantial difference between the 5 required capabilities and the capabilities provided by such property available 6 on open contract, all agencies must utilize such property available on such 7 contracts and failure to comply with this provision will subject the officers 8 responsible for the acquisition to the penalties set forth in this chapter; 9 (910) May enter into contracts, including leases and rentals, for periods 10 of time exceeding one (1) year provided that such contracts contain no penalty 11 to or restriction upon the state in the event cancellation is necessitated by 12 a lack of financing for any such contract or contracts; 13 (101) Is authorized and empowered to formulate rules in the conduct of the 14 office of the division of purchasing, subject to the approval of the director 15 of the department of administration; 16 (112) In accordance with established rules of the division, may accept 17 competitive sealed proposals and enter into negotiations for acquisitions for 18 which competitive sealed bidding is not practicable or advantageous to the 19 state; 20 (123) May inspect property delivered by a contractor to determine whether 21 it meets minimum bid specifications; 22 (134) May classify, after review with the various agencies, the require- 23 ments of the state for all property which may be acquired and adopt standards 24 of quality for property, and establish standard specifications for acquisi- 25 tion. Each standard specification shall, until revised or rescinded, apply 26 alike in terms and effect to each future acquisition of the classified prop- 27 erty. 28 SECTION 3. That Section 67-2349, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 67-2349. PREFERENCE FOR IDAHO SUPPLIERS AND RECYCLED PAPER PRODUCTS FOR 31 PURCHASES. (1) To the extent permitted by federal laws and regulations, when- 32 ever the state of Idaho, or any department, division, bureau or agency 33 thereof, or any city, county, school district, irrigation district, drainage 34 district, sewer district, highway district, good road district, fire district, 35 flood district, or other public body, shall let for bid any contract for pur- 36 chase of any materials, supplies, services or equipment, the bidder domiciled 37 outside the boundaries of Idaho shall be required, in order to be successful, 38 to submit a bid the same percent less than the lowest bid submitted by a 39 responsible bidder domiciled in Idaho as would be required for such an Idaho 40 domiciled bidder to succeed over the bidder domiciled outside Idaho on a like 41 contract being let in his domiciliary state. 42 For the purposes of this section, any bidder domiciled outside the bound- 43 aries of the state of Idaho may be considered as an Idaho domiciled bidder, 44 provided that there exists for a period of one (1) year preceding the date of 45 the bid a significant Idaho economic presence as defined herein. A significant 46 economic presence shall consist of the following: 47 (a) That the bidder maintain in Idaho fully staffed offices, or fully 48 staffed sales offices or divisions, or fully staffed sales outlets, or 49 manufacturing facilities, or warehouses or other necessary related prop- 50 erty; and 51 (b) If a corporation be registered and licensed to do business in the 52 state of Idaho with the office of the secretary of state. 53 (2) In the evaluation of paper product bids, those items that meet recy- 4 1 cled content standards may be given not more than a five percent (5%) purchas- 2 ing preference. As such, those qualifying paper products may be considered to 3 cost five percent (5%) less when choosing the lowest responsible bidder. 4 SECTION 4. This act shall be in full force and effect on and after July 5 1, 2000.
STATEMENT OF PURPOSE RS 09379 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. FISCAL IMPACT 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 short term 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. This bill also provides an efficient mode for handling paper waste. In the long run it can reduce overall cost as well as encourage and support the State's recycling industry. Contact: Rep. Tom Trail 332-1000 Rep. Maynard Miller 332-1000 Senator Gary Schroeder 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 572