2000 Legislation
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HOUSE BILL NO. 572 – Purchasing, recycled paper products


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Daily Data Tracking History

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,
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 572
                             BY ENVIRONMENTAL AFFAIRS COMMITTEE
  1                                        AN ACT
  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
  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, the lieutenant-governor lieutenant 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:
 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;
  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:
 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-
  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 / Fiscal Impact

                  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.

Rep. Tom Trail   332-1000
Rep. Maynard Miller  332-1000
Senator Gary Schroeder   332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 572