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H0388........................................................by WAYS AND MEANS STATE LOTTERY - Amends existing law to revise the process for the director of the State Lottery to enter into major procurement contracts. 03/24 House intro - 1st rdg - to printing 03/25 Rpt prt - to St Aff 03/27 Rpt out - rec d/p - to 2nd rdg 03/28 2nd rdg - to 3rd rdg 04/01 3rd rdg - PASSED - 64-4-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- Clark, Cuddy, Sali, Smith(30) Absent and excused -- Crow, Field(23) Floor Sponsor - Ellsworth Title apvd - to Senate 04/02 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 388 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE LOTTERY; AMENDING SECTION 67-7404, IDAHO CODE, TO DEFINE 3 THE TERM "RESPONSIBLE SUPPLIER"; AMENDING SECTION 67-7420, IDAHO CODE, TO 4 REVISE THE PROCESS FOR THE DIRECTOR OF THE STATE LOTTERY ENTERING INTO 5 MAJOR PROCUREMENT CONTRACTS; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-7404, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-7404. DEFINITIONS. As used in this chapter: 10 (1) "Administrative costs" means personnel costs, capital outlay, and 11 reasonable expenses incurred by other state agencies to effectuate the pur- 12 poses of this chapter. 13 (2) "Commission" means the Idaho state lottery commission. 14 (3) "Director" means the director of the lottery. 15 (4) "Expenses" means all costs of doing business including, but not lim- 16 ited to, prizes, commissions and other compensation paid to retailers, adver- 17 tising and marketing costs, personnel costs, capital outlay, reasonable 18 expenses incurred by other state agencies to effectuate the purposes of this 19 chapter, depreciation of property and equipment, and other operating costs, 20 all of which are to be recorded on the accrual basis of accounting in accor- 21 dance with generally accepted accounting principles. 22 (5) "Lottery" or "state lottery" means the state lottery established and 23 operated pursuant to this chapter. 24 (6) "Lottery contractor" means a person with whom the lottery has con- 25 tracted for the purposes of providing goods and services for the state lot- 26 tery. 27 (7) "Lottery game retailer" or "retailer" means a person with whom the 28 lottery has contracted for the purpose of selling tickets or shares in lottery 29 games to the public. 30 (8) "Lottery revenue" means revenue derived from the sale of lottery 31 tickets and shares. Such revenues shall be recorded on the accrual basis of 32 accounting in accordance with generally accepted accounting principles. 33 (9) "Lottery vendor" or "vendor" means any person who submits a bid, pro- 34 posal or offer as part of a major procurement for goods or services as defined 35 in subsection (11) of this section. 36 (10) "Low, medium and high tier claims" means the dollar amount of prizes 37 awarded in accordance with rules of the state lottery. 38 (11) "Major procurement" means any contract with a vendor supplying lot- 39 tery tickets or shares, data processing systems utilized to track, sell, dis- 40 tribute or validate lottery tickets or shares, any goods or services involving 41 the determination or generation of winners in any lottery game or any auditing 42 services. 43 (12) "Net income" means lottery revenue and nonlottery revenue, less 2 1 expenses, as defined in this chapter. 2 (13) "Person" shall be construed to mean and include an individual, asso- 3 ciation, corporation, club, trust, estate, society, company, joint stock com- 4 pany, receiver, trustee, assignee, referee or any other person acting in a 5 fiduciary or representative capacity, whether appointed by a court or other- 6 wise, and any combination of individuals. "Person" shall also be construed to 7 mean and include departments, commissions, agencies and instrumentalities of 8 the state of Idaho, including counties and municipalities and agencies or 9 instrumentalities thereof. 10 (14) "Redemption value" means the sum total of all winnings upon the 11 ticket presented for payment. 12 (15) "Responsible supplier" means any person who, after review by the 13 director of the information provided pursuant to section 67-7421, Idaho Code, 14 is found to possess the financial responsibility, security, integrity, techni- 15 cal ability, competence, quality of product, experience and ability to provide 16 timely performance in such a way as to promote and ensure security, honesty, 17 fairness and integrity in the operation and administration of the lottery. 18 (16) "Share" means any intangible evidence of participation in a game con- 19 ducted by the state lottery. 20 (167) "Ticket" means any tangible evidence issued by the lottery to pro- 21 vide participation in a game conducted by the state lottery. 22 (178) "Value" means any ticket shall be taken at face value. 23 SECTION 2. That Section 67-7420, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-7420. CONTRACTS FOR MAJOR PROCUREMENTS. Subject to the approval of the 26 commission, the directormayshall solicit bids and may enter into major pro- 27 curement contracts.Any such contract may be awarded to a technically compe-28tent bidder, taking into account the lowest bid, secondary cost benefits and29the resulting projected net income which would accrue to the benefit of the30state over the term of the contract.31In all awards of contracts, the commission shall take particular account32of the sensitive and responsible nature of the state lottery and the paramount33consideration of security and integrityIn all procurement decisions, the 34 director shall utilize an open process and shall award contracts to the best 35 responsible supplier submitting the lowest and best proposal that maximizes 36 the benefits to the state in relation to the areas of security, competence, 37 experience and timely performance. In all procurement decisions, the director 38 shall take into account the particularly sensitive nature of the Idaho state 39 lottery and shall act to promote and ensure security, honesty, fairness and 40 integrity in the operation and administration of the lottery with the objec- 41 tive of raising revenues for the benefit of the public. 42 SECTION 3. An emergency existing therefor, which emergency is hereby 43 declared to exist, this act shall be in full force and effect on and after its 44 passage and approval.
STATEMENT OF PURPOSE RS 13224 This legislation will make it necessary that lottery purchase agreements go through a competitive bidding process. FISCAL IMPACT No fiscal impact to the General Fund. Contact Name: Speaker Bruce Newcomb Rep. Lawerence Denney Rep. Mike Moyle Rep. Julie Ellsworth Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 388