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H0476..............................................................by TRAIL RECYCLED OIL PRODUCTS - Amends existing law to provide a state purchasing preference for recycled motor oil products. 01/23 House intro - 1st rdg - to printing 01/24 Rpt prt - to Env Aff 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 33-32-5 AYES -- Barraclough, Bieter, Boe, Bruneel, Campbell, Collins, Crow, Cuddy, Ellis, Ellsworth, Eskridge, Field(20), Gould, Hammond, Henbest, Kellogg, Langford, Martinez, McKague, Meyer, Montgomery, Pischner, Pomeroy, Robison, Schaefer, Sellman, Shepherd, Smith(33), Smylie, Tilman, Trail, Wheeler, Young NAYS -- Aikele, Barrett, Bedke, Bell, Black, Block, Bolz, Bradford, Callister, Clark, Deal, Denney, Field(13), Gagner, Hadley, Higgins, Hornbeck, Kendell, Kunz, Lake, Loertscher, Mader, Mortensen, Moyle, Pearce, Raybould, Ridinger, Roberts, Sali, Stevenson, Wood, Mr. Speaker Absent and excused -- Harwood, Jaquet, Jones, Smith(23), Stone Floor Sponsor - Trail Title apvd - to Senate 02/11 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 476 BY TRAIL 1 AN ACT 2 RELATING TO THE STATE PURCHASING LAW; AMENDING SECTION 67-2349, IDAHO CODE, TO 3 PROVIDE A PURCHASING PREFERENCE FOR RECYCLED MOTOR OIL PRODUCTS; AND 4 AMENDING SECTION 67-5717, IDAHO CODE, TO PROVIDE A PURCHASING PREFERENCE 5 FOR RECYCLED MOTOR OIL PRODUCTS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-2349, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-2349. PREFERENCE FOR IDAHO SUPPLIERS AND RECYCLED PAPER AND MOTOR OIL 10 PRODUCTS FOR PURCHASES. (1) To the extent permitted by federal laws and regu- 11 lations, whenever the state of Idaho, or any department, division, bureau or 12 agency thereof, or any city, county, school district, irrigation district, 13 drainage district, sewer district, highway district, good road district, fire 14 district, flood district, or other public body, shall let for bid any contract 15 for purchase of any materials, supplies, services or equipment, the bidder 16 domiciled outside the boundaries of Idaho shall be required, in order to be 17 successful, to submit a bid the same percent less than the lowest bid submit- 18 ted by a responsible bidder domiciled in Idaho as would be required for such 19 an Idaho domiciled bidder to succeed over the bidder domiciled outside Idaho 20 on a like contract being let in his domiciliary state. 21 For the purposes of this section, any bidder domiciled outside the bound- 22 aries of the state of Idaho may be considered as an Idaho domiciled bidder, 23 provided that there exists for a period of one (1) year preceding the date of 24 the bid a significant Idaho economic presence as defined herein. A significant 25 economic presence shall consist of the following: 26 (a) That the bidder maintain in Idaho fully staffed offices, or fully 27 staffed sales offices or divisions, or fully staffed sales outlets, or 28 manufacturing facilities, or warehouses or other necessary related prop- 29 erty; and 30 (b) If a corporation be registered and licensed to do business in the 31 state of Idaho with the office of the secretary of state. 32 (2) In the evaluation of paper product bids, those items that meet recy- 33 cled content standards may be given not more than a five percent (5%) purchas- 34 ing preference. As such, those qualifying paper products may be considered to 35 cost five percent (5%) less when choosing the lowest responsible bidder. 36 (3) In the evaluation of motor oil product bids, those items that meet 37 recycled motor oil standards may be given not more than a five percent (5%) 38 purchasing preference. As such, those qualifying motor oil products may be 39 considered to cost five percent (5%) less when choosing the lowest responsible 40 bidder. 41 SECTION 2. That Section 67-5717, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 67-5717. POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF PUR- 2 CHASING. The administrator of the division of purchasing: 3 (1) Shall acquire, according to the provisions of this chapter, all prop- 4 erty for state agencies; 5 (2) Shall acquire all property, unless excepted, by competitive bid, and 6 shall specifically require competitive bids for property to be rented, leased 7 or purchased through a deferred payment plan; 8 (3) Shall determine, based upon the requirements contained in the speci- 9 fication and matter relating to responsibility, the lowest responsible bidder 10 in all competitively bid acquisition contracts; 11 (4) Shall enter into all contracts and agreements, and any modifications 12 thereto, for the acquisition of any and all property on behalf of and in the 13 name of the state; 14 (5) Shall, when economically feasible and practical, consolidate requisi- 15 tions and acquire property in amounts as large as can be efficiently managed 16 and controlled; 17 (6) May, in the evaluation of paper or motor oil product bids, give those 18 items that meet the recycled content standards as specified by the administra- 19 tor a five percent (5%) purchasing preference. As such, those qualifying paper 20 or motor oil products may be considered to cost five percent (5%) less when 21 choosing the lowest responsible bidder; 22 (7) May appoint a deputy, who shall have power to act for him and in his 23 place while absent, which deputy shall be bonded to the state of Idaho as pre- 24 scribed by chapter 8, title 59, Idaho Code; 25 (8) May require from any contractor the submission of a performance bond 26 for such sum as will, in the opinion of the administrator, guarantee the 27 faithful performance of such contract, and the amount and requirement therefor 28 shall be set out in the specifications; 29 (9) May enter into open contracts for the acquisition of property com- 30 monly used by the various agencies, based upon actual or estimated require- 31 ments; 32 Unless an acquiring agency can show a substantial difference between the 33 required capabilities and the capabilities provided by such property available 34 on open contract, all agencies must utilize such property available on such 35 contracts and failure to comply with this provision will subject the officers 36 responsible for the acquisition to the penalties set forth in this chapter; 37 (10) May enter into contracts, including leases and rentals, for periods 38 of time exceeding one (1) year provided that such contracts contain no penalty 39 to or restriction upon the state in the event cancellation is necessitated by 40 a lack of financing for any such contract or contracts; 41 (11) Is authorized and empowered to formulate rules in the conduct of the 42 office of the division of purchasing, subject to the approval of the director 43 of the department of administration; 44 (12) In accordance with established rules of the division, may enter into 45 negotiations for acquisitions; 46 (13) May inspect property delivered by a contractor to determine whether 47 it meets minimum bid specifications; 48 (14) May classify, after review with the various agencies, the require- 49 ments of the state for all property which may be acquired and adopt standards 50 of quality for property, and establish standard specifications for acquisi- 51 tion. Each standard specification shall, until revised or rescinded, apply 52 alike in terms and effect to each future acquisition of the classified prop- 53 erty.
STATEMENT OF PURPOSE RS 11646 This legislation amends Section 67-5717 and Section 67-2349 of the Idaho Code to allow a 5% purchasing preference for recycled oil 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 many oil products are currently using some recycled content already, the anticipated impact could be even less. This bill, in the long run can reduce overall costs as well as support the state’s recycling industry. Contact Name: Rep. Tom Trail Phone: 332-1202 Tern Ottings 321-2761 STATEMENT OF PURPOSE/FISCAL NOTE H 476