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H0118.................................................................by TRAIL
RECYCLED OIL PRODUCTS - Amends existing law to provide a state purchasing
preference for recycled motor oil products.
01/24 House intro - 1st rdg - to printing
01/27 Rpt prt - to Env Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/10 3rd rdg - FAILED - 26-43-1
AYES -- Andersen, Barraclough, Bauer, Bieter, Boe, Campbell, Douglas,
Edmunson, Field(23), Henbest, Jaquet, Jones, Langhorst, Martinez,
Mitchell, Naccarato, Ring, Ringo, Robison, Sayler, Shepherd, Smith(30),
Smith(24), Smylie, Snodgrass, Trail
NAYS -- Barrett, Bedke, Bell, Block, Bolz, Bradford, Cannon, Clark,
Collins, Crow, Cuddy, Deal, Denney, Eberle, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford,
McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger,
Roberts, Rydalch, Sali, Schaefer(Schaefer), Shirley, Skippen, Stevenson,
Tilman, Wills, Wood, Mr. Speaker
Absent and excused -- Black
Floor Sponsors - Trail & Martinez
Filed w/Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 118
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.
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STATEMENT OF PURPOSE
RS 12530
This legislation amends Section 67-5717 and Section 67-2349 of
the Idaho Code to allow a 5% purchasing preferences 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: 332-1000
Name: Rep Elmer Martinez
Phone: 332-1000
Name: Senator Bert Marley
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 118