Print Friendly SENATE BILL NO. 1383 – Vendor/contractor, state contract
SENATE BILL NO. 1383
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S1383......................................................by STATE AFFAIRS
VENDORS/CONTRACTORS - Adds to and amends existing law to provide health
insurance requirements for vendors and public works contractors doing
business with the state of Idaho.
02/23 Senate intro - 1st rdg - to printing
02/24 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1383
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PURCHASING AND PUBLIC WORKS CONTRACTS BY THE STATE OF IDAHO;
3 AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
4 TION 67-5707, IDAHO CODE, TO PROVIDE FOR HEALTH INSURANCE REQUIREMENTS FOR
5 VENDORS AND PUBLIC WORKS CONTRACTORS; AMENDING CHAPTER 57, TITLE 67, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 67-5711E, IDAHO CODE, TO PROVIDE
7 HEALTH INSURANCE QUALIFICATION REQUIREMENTS FOR PUBLIC WORKS CONTRACTORS
8 ELIGIBLE FOR AWARD OF A STATE CONTRACT; AND AMENDING SECTION 67-5711C,
9 IDAHO CODE, TO PROVIDE AN ADDITIONAL STATUTORY CITATION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 57, Title 67, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 67-5707, Idaho Code, and to read as follows:
14 67-5707. HEALTH INSURANCE QUALIFICATION REQUIREMENT. The director of the
15 department shall adopt rules necessary to implement a requirement governing
16 the division of public works and the purchasing division which shall require
17 as a condition of qualification to submit a bid, proposal, or otherwise to
18 participate as a supplier of goods or services to the state of Idaho that an
19 applicant which employs twenty-five (25) or more persons, including both full-
20 time and part-time employees, must provide evidence that it provides health
21 care insurance to not less than eighty percent (80%) of the employees of the
23 SECTION 2. That Chapter 57, Title 67, Idaho Code, be, and the same is
24 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
25 ignated as Section 67-5711E, Idaho Code, and to read as follows:
26 67-5711E. HEALTH INSURANCE QUALIFICATION PLAN REQUIREMENT. In addition to
27 any other requirement or condition prerequisite to qualification as a contrac-
28 tor, no contractor which employs twenty-five (25) or more persons, including
29 both full-time and part-time employees, shall be eligible for award of a state
30 project unless the principal and each subcontractor provides evidence that it
31 provides health care insurance to not less than eighty percent (80%) of the
32 employees of the company.
33 SECTION 3. That Section 67-5711C, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-5711C. CONSTRUCTION OF PUBLIC PROJECTS -- COMPETITIVE SEALED BIDDING.
36 (1) All construction contracts for public works shall be awarded to the lowest
37 responsible and responsive bidder after receipt of competitive sealed bidding
38 except as otherwise provided in sections 67-5711B, 67-5711D, 67-5711E and
39 67-5713, Idaho Code.
1 (2) An invitation for bids shall be issued and shall include a project
2 description and all contractual terms and conditions applicable to the public
4 (3) Adequate public notice of the invitation for bids shall be given at
5 least fourteen (14) days prior to the date set forth therein for the opening
6 of bids. Such notice shall include publication at least fourteen (14) days
7 prior to bid opening in a newspaper of general circulation in the area where
8 the work is located.
9 (4) Bids shall be opened publicly at the time and place designated in the
10 invitation for bids. The amount of each bid and such other relevant informa-
11 tion as may be specified by rules, together with the name of each bidder,
12 shall be entered on a record and the record shall be open to public inspec-
13 tion. After the time of the award all bids and bid documents shall be open to
14 public inspection in accordance with the provisions of sections 9-337 through
15 9-347 and 67-5725, Idaho Code.
16 (5) With respect to a project having a written cost estimate of greater
17 than two thousand five hundred dollars ($2,500) but less than the public works
18 limit established in section 67-5711, Idaho Code, the agency, if it does not
19 perform the work with existing physical plant staff, must award a written con-
20 tract to the lowest responsible and responsive bidder after soliciting at
21 least three (3) documented informal bids from contractors licensed in Idaho to
22 perform public works contracts, if reasonably available. Adequate public
23 notice of the invitation for informal bids shall be given at least seven (7)
24 days prior to the date set forth therein for the receipt of the informal bids.
25 Such notice may include publication at least seven (7) days prior to bid open-
26 ing in a newspaper of general circulation in the area where the work is
27 located; or the agency may advertise the invitation for bids in appropriate
28 trade journals, and otherwise notify persons believed to be interested in the
29 award of a contract. Informal bids must be submitted by the contractor in
30 writing in response to a prepared written document describing the project's
31 scope of work in sufficient detail so as to enable a contractor familiar with
32 such work to prepare a responsible bid. Nothing herein exempts an agency from
33 the responsibility of utilizing formal plans and specifications if the work
34 involves the public health or safety as described in chapters 3 and 12, title
35 54, Idaho Code. The agency must document receipt of the informal bids in the
36 project file.
37 (6) Any personal property including goods, parts, supplies and equipment
38 which is to be supplied or provided by a state agency for use in any public
39 work, project, or preventive maintenance programs, whether the public work,
40 project, or preventive maintenance program is constructed, undertaken or per-
41 formed by agency in-house personnel, or by delegation pursuant to section
42 67-5710A, Idaho Code, or otherwise provided or supplied by the agency to a
43 contractor, the personal property, goods, parts, supplies or equipment sup-
44 plied or provided by the agency must be purchased or procured by the agency
45 through the division of purchasing in accordance with the Idaho Code.
STATEMENT OF PURPOSE
Recognizing that the cost of health care for individuals without
health insurance coverage is passed on to the taxpayer; and
businesses that do not provide health insurance coverage have a
competitive advantage over those who do. This measure attempts
to level the playing field and slow the growth in Medicaid and
health insurance costs by requiring that all businesses with 25
or more employees provide health insurance for 80% of their full
and part time employees as a condition of doing business with the
state of Idaho.
By providing that more Idahoans are covered by health insurance,
there should be a savings in catastrophic health care fund,
Medicaid and health insurance rates.
Name: Senator Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1383