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H0310.............................................................by EDUCATION
SCHOOL BUSES - PURCHASE - Amends existing law relating to the public school
transportation support program to provide for the purchase of basic vehicles
through a statewide contract as provided in state purchasing law; to provide
that costs of certain additional features not part of the basic vehicle shall
not be reimbursed; and to authorize the administrator of the state Division of
Purchasing to enter into contracts on behalf of Idaho school districts for the
purchase of pupil transportation vehicles and to specify conditions relating
to such contracts.
02/27 House intro - 1st rdg - to printing
02/28 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 310
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE PUBLIC SCHOOL TRANSPORTATION SUPPORT PROGRAM; AMENDING SECTION
3 33-1006, IDAHO CODE, TO PROVIDE FOR PURCHASE OF BASIC VEHICLES THROUGH A
4 STATEWIDE CONTRACT AS PROVIDED IN STATE PURCHASING LAW, TO PROVIDE THAT
5 COSTS OF CERTAIN ADDITIONAL FEATURES NOT PART OF THE BASIC VEHICLE SHALL
6 NOT BE REIMBURSED AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
7 67-5717, IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR OF THE DIVISION OF
8 PURCHASING TO ENTER INTO CONTRACTS ON BEHALF OF IDAHO SCHOOL DISTRICTS FOR
9 THE PURCHASE OF PUPIL TRANSPORTATION VEHICLES AND TO SPECIFY CONDITIONS
10 RELATING TO SUCH CONTRACTS; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 33-1006, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-1006. TRANSPORTATION SUPPORT PROGRAM. (1) The state board of educa-
15 tion shall determine what costs of transporting pupils, including maintenance,
16 operation and depreciation of basic vehicles purchased through a statewide
17 contract as provided in section 67-5717, Idaho Code, insurance, payments under
18 contract with other public transportation providers whose vehicles used to
19 transport pupils comply with federal transit administration regulations, "bus
20 testing," 49 C.F.R. part 665, and any revision thereto, as provided in subsec-
21 tion 4. (4)(d) of this section, or other state department of education
22 approved private transportation providers, salaries of drivers, and any other
23 costs, shall be allowable in computing the transportation support program of
24 school districts.
25 (2) Any costs associated with the addition of vehicle features that are
26 not part of the basic vehicle, as defined in section 67-5717, Idaho Code,
27 shall not be allowable in computing the transportation support program of
28 school districts.
29 (3) Each school district shall maintain records and make reports as are
30 required for the purposes of this section.
31 (4) The transportation support program of a school district shall be
32 based upon the allowable costs of:
33 1.(a) Transporting public school pupils one and one-half (1 1/2) miles or
34 more to school;
35 2.(b) Transporting pupils less than one and one-half (1 1/2) miles as
36 provided in section 33-1501, Idaho Code, when approved by the state board
37 of education;
38 3.(c) The costs of payments when transportation is not furnished, as pro-
39 vided in section 33-1503, Idaho Code;
40 4.(d) The transportation program for grades six (6) through twelve (12),
41 upon the costs of payments pursuant to a contract with other public or
42 private transportation providers entered into as provided in section
43 33-1510, Idaho Code, if the school district establishes that the reim-
2
1 bursable costs of transportation under the contract are equal to or less
2 than the costs for school buses.;
3 5.(e) The costs of providing transportation to and from approved school
4 activities as may be approved by rules of the state board of education;
5 6.(f) The employer's share of contributions to the public employee
6 retirement system and to social security.
7 (5) The state's share of the transportation support program shall be
8 eighty-five percent (85%) of allowable transportation costs of the district
9 for incurred during the next immediately preceding state fiscal year.
10 SECTION 2. That Section 67-5717, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-5717. POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF PUR-
13 CHASING. The administrator of the division of purchasing:
14 (1) Shall acquire, according to the provisions of this chapter, all prop-
15 erty for state agencies;
16 (2) Shall acquire all property, unless excepted, by competitive bid, and
17 shall specifically require competitive bids for property to be rented, leased
18 or purchased through a deferred payment plan;
19 (3) Shall determine, based upon the requirements contained in the speci-
20 fication and matter relating to responsibility, the lowest responsible bidder
21 in all competitively bid acquisition contracts;
22 (4) Shall enter into all contracts and agreements, and any modifications
23 thereto, for the acquisition of any and all property on behalf of and in the
24 name of the state;
25 (5) Shall, when economically feasible and practical, consolidate requisi-
26 tions and acquire property in amounts as large as can be efficiently managed
27 and controlled;
28 (6) May, in the evaluation of paper product bids, give those items that
29 meet the recycled content standards as specified by the administrator a five
30 percent (5%) purchasing preference. As such, those qualifying paper products
31 may be considered to cost five percent (5%) less when choosing the lowest
32 responsible bidder;
33 (7) May appoint a deputy, who shall have power to act for him and in his
34 place while absent, which deputy shall be bonded to the state of Idaho as pre-
35 scribed by chapter 8, title 59, Idaho Code;
36 (8) May require from any contractor the submission of a performance bond
37 for such sum as will, in the opinion of the administrator, guarantee the
38 faithful performance of such contract, and the amount and requirement therefor
39 shall be set out in the specifications;
40 (9) May enter into open contracts for the acquisition of property com-
41 monly used by the various agencies, based upon actual or estimated require-
42 ments;
43 Unless an acquiring agency can show a substantial difference between the
44 required capabilities and the capabilities provided by such property available
45 on open contract, all agencies must utilize such property available on such
46 contracts and failure to comply with this provision will subject the officers
47 responsible for the acquisition to the penalties set forth in this chapter;
48 (10) May enter into contracts, including leases and rentals, for periods
49 of time exceeding one (1) year provided that such contracts contain no penalty
50 to or restriction upon the state in the event cancellation is necessitated by
51 a lack of financing for any such contract or contracts;
52 (11) Is authorized and empowered to formulate rules in the conduct of the
53 office of the division of purchasing, subject to the approval of the director
3
1 of the department of administration;
2 (12) In accordance with established rules of the division, may enter into
3 negotiations for acquisitions;
4 (13) May inspect property delivered by a contractor to determine whether
5 it meets minimum bid specifications;
6 (14) May classify, after review with the various agencies, the require-
7 ments of the state for all property which may be acquired and adopt standards
8 of quality for property, and establish standard specifications for acquisi-
9 tion. Each standard specification shall, until revised or rescinded, apply
10 alike in terms and effect to each future acquisition of the classified prop-
11 erty;
12 (15) Shall enter into contracts, on behalf of Idaho school districts, for
13 the purchase of pupil transportation vehicles. Such contracts shall delineate
14 the cost of basic vehicles, which are hereby defined as the cost of the vehi-
15 cles without optional features, plus the addition of essential safety features
16 and features necessary for the transportation of pupils with disabilities.
17 Other features may be included in the contracts but shall be priced separately
18 from the basic vehicle. The administrator may enter into separate contracts
19 for different sizes and types of vehicles.
20 SECTION 3. An emergency existing therefor, which emergency is hereby
21 declared to exist, this act shall be in full force and effect on and after its
22 passage and approval.
STATEMENT OF PURPOSE
RS 13042
This legislation provides for the unified purchase of school
buses by the State Division of Purchasing and provides that the
state's share of the transportation support program for bus
purchases shall be 85% of the cost of a basic bus. Optional
features not part of a basic bus as determined by rule shall be
paid by the respective school districts ordering the bus.
FISCAL IMPACT
Estimated savings to be approximately $1,000,000 per year.
Contact
Name: Representative Dennis Lake
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 310