2003 Legislation
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HOUSE BILL NO. 310 – School buses, purchase

HOUSE BILL NO. 310

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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