2002 Legislation
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HOUSE BILL NO. 476 – Motor oil prod, recycled, purchase

HOUSE BILL NO. 476

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


	                  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