Print Friendly HOUSE BILL NO. 572 – Purchasing, recycled paper products
HOUSE BILL NO. 572
View Daily Data Tracking History
View Bill Text
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.
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,
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,
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
|||| 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
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
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-
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;
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-
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 (1 01) 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 (1 12) 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
20 (1 23) May inspect property delivered by a contractor to determine whether
21 it meets minimum bid specifications;
22 (1 34) 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-
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-
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
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.
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