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S1373aa....................................................by STATE AFFAIRS
STATE CONSTRUCTION CONTRACTS - Adds to existing law relating to the Idaho
Employer Alcohol and Drug-free Workplace Act to provide certain eligibility
requirements for contractors relating to state construction contracts; and
to require that affidavits verifying compliance with specified provisions
be submitted with bids for state construction contracts.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to St Aff
02/26 Rpt out - to 14th Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 26-9-0
AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Lodge, Malepeai, Marley, McWilliams, Noh,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk
NAYS -- Bailey, Brandt, Keough, Little, McKenzie, Noble, Pearce,
Sweet, Williams
Absent and excused -- None
Floor Sponsor - Sorensen
Title apvd - to House
03/10 House intro - 1st rdg - to St Aff
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
Rls susp - PASSED - 39-26-5
AYES -- Andersen, Barraclough, Bell, Block, Boe, Bradford, Campbell,
Deal, Denney, Douglas, Ellsworth, Garrett, Henbest, Jaquet, Jones,
Kellogg, Langford, Langhorst, Martinez, Miller, Mitchell, Naccarato,
Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo, Robison, Sayler,
Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Bauer, Bayer, Bedke, Bolz, Cannon, Clark, Collins,
Crow, Cuddy, Eberle, Eskridge, Gagner, Harwood, Kulczyk, Lake,
McGeachin, McKague, Meyer, Moyle, Raybould, Rydalch, Sali, Schaefer,
Skippen, Wood
Absent and excused -- Black, Edmunson, Field(18), Field(23), Roberts
Floor Sponsor - Wills
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 224
Effective: 01/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1373
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT; AMENDING
3 CHAPTER 17, TITLE 72, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
4 72-1717, IDAHO CODE, TO PROVIDE CERTAIN ELIGIBILITY REQUIREMENTS FOR CON-
5 TRACTORS RELATING TO STATE CONSTRUCTION CONTRACTS AND TO REQUIRE THAT
6 AFFIDAVITS VERIFYING COMPLIANCE WITH SPECIFIED PROVISIONS BE SUBMITTED
7 WITH BIDS FOR STATE CONSTRUCTION CONTRACTS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 17, Title 72, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 72-1717, Idaho Code, and to read as follows:
12 72-1717. STATE CONSTRUCTION CONTRACTS. (1) In order to be eligible for
13 the award of any state contract for the construction or improvement of any
14 public property or publicly owned buildings, contractors shall meet the fol-
15 lowing requirements:
16 (a) Provide a drug-free workplace program that complies with the provi-
17 sions of this chapter and as otherwise constitutionally permitted for
18 employees, including temporary employees, and maintain such program
19 throughout the duration of the contract;
20 (b) Subcontract work under state construction contracts only to those
21 subcontractors meeting the requirements of subsection (1)(a) of this sec-
22 tion.
23 (2) Any contractor submitting a bid for a state construction contract,
24 required to comply with the provisions of this section, shall submit an affi-
25 davit along with its bid on the project verifying its compliance with the pro-
26 visions of this section.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Sorensen
Seconded by Little
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1373
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, following line 26 insert:
3 "SECTION 2. This act shall be in full force and effect on and after Janu-
4 ary 1, 2005.".
5 CORRECTION TO TITLE
6 On page 1, in line 7, following "CONTRACTS" insert: "; AND PROVIDING AN
7 EFFECTIVE DATE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1373, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT; AMENDING
3 CHAPTER 17, TITLE 72, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
4 72-1717, IDAHO CODE, TO PROVIDE CERTAIN ELIGIBILITY REQUIREMENTS FOR CON-
5 TRACTORS RELATING TO STATE CONSTRUCTION CONTRACTS AND TO REQUIRE THAT
6 AFFIDAVITS VERIFYING COMPLIANCE WITH SPECIFIED PROVISIONS BE SUBMITTED
7 WITH BIDS FOR STATE CONSTRUCTION CONTRACTS; AND PROVIDING AN EFFECTIVE
8 DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 17, Title 72, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 72-1717, Idaho Code, and to read as follows:
13 72-1717. STATE CONSTRUCTION CONTRACTS. (1) In order to be eligible for
14 the award of any state contract for the construction or improvement of any
15 public property or publicly owned buildings, contractors shall meet the fol-
16 lowing requirements:
17 (a) Provide a drug-free workplace program that complies with the provi-
18 sions of this chapter and as otherwise constitutionally permitted for
19 employees, including temporary employees, and maintain such program
20 throughout the duration of the contract;
21 (b) Subcontract work under state construction contracts only to those
22 subcontractors meeting the requirements of subsection (1)(a) of this sec-
23 tion.
24 (2) Any contractor submitting a bid for a state construction contract,
25 required to comply with the provisions of this section, shall submit an affi-
26 davit along with its bid on the project verifying its compliance with the pro-
27 visions of this section.
28 SECTION 2. This act shall be in full force and effect on and after Janu-
29 ary 1, 2005.
STATEMENT OF PURPOSE
RS 14073
Contractors and subcontractors (including the use of all
temporary employees) will be required to participate in the Idaho
Employer Alcohol and Drug-Free Workplace Act Title 72, Chapter 17
to remain a member in good standing in order to be eligible for
construction projects administered by the State of Idaho.
Construction industry experience indicates that construction
projects utilizing contractors and subcontractors with Drug-Free
Workplace Programs and drug testing of employees demonstrate a
significantly lower rate of job accidents, that significant costs
and time savings are realized, and the quality of workmanship is
improved.
FISCAL IMPACT
Fiscal impact will be minimal to the state, and no fiscal impact
to local governments. Because drug free workplaces qualify for a
5 percent premium discount on Workers Compensation and the
increased savings resulting from prevention of substance abuse-
related accidents as a result of drug-free workplace programs,
any increased costs as a result of drug testing would be minimal.
Contact Person:
Senator Sheila Sorensen
332-1319
Jill Chestnut
Executive Director, DrugFree Idaho
761-2872 S 1373