Establishes a board to license gamebird testing facilities.

THE SENATE                              S.B. NO.           1642
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 6         -1  Licensing board; established.(a)  There is
 7 established for the first representative district, county of
 8 Hawaii, a gamebird testing licensing board, hereinafter referred
 9 to as the board.  The board shall be composed of three members
10 appointed by the governor, subject to section 26-34, from a list
11 of nominees submitted by the mayor of the county of Hawaii and
12 the council of the county of Hawaii.
13      (b)  Board members shall serve without pay, but shall be
14 reimbursed for reasonable and necessary expenses incurred in the
15 performance of their duties.
16      (c)  Board members shall be registered voters in the first
17 representative district.  No board member or any immediate family
18 member shall have any interest in any franchise license for the
19 testing of gamebirds or be an employee in any establishment
20 licensed to test game fowl.

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 1         -2  Duties of the board.  The board shall have all
 2 powers reasonably necessary and incidental to the fulfillment of
 3 its purposes and duties, including but not limited to the
 4 following:
 5      (1)  To assist organizations and individuals interested in
 6           the promotion of a better and efficient gamebird
 7           testing facility, so that gamebird farmers may evaluate
 8           their skill in raising gamebird and may determine the
 9           skill level of various gamebird family lines;
10      (2)  To adopt rules relating to gamebird testing;
11      (3)  To decide any dispute arising from gamebird testing,
12           including but not limited to, the revocation of a
13           franchise license granted pursuant to this chapter;
14           provided that the the decision of the board shall be
15           final; and
16      (4)  Designate, by rule under chapter 91, the time, hours,
17           and location of gamebird testing activities.
18        -3  Franchise; term of license.  (a)  The board shall
19 issue a franchise testing license to a person, partnership,
20 limited liability company, or corporation submitting a proposal
21 for the operations of a testing facility, that meets or exceeds
22 the licensing guidelines established by the board for the
23 facility.  The selection of the franchise licensee shall be made
24 by a majority of the board members.

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 1      (b)  The initial franchise testing license shall be issued
 2 for a period of ten years, with renewals of not more than three
 3 years each.
 4      (c)  The franchise testing license holder shall design and
 5 construct a building to test gamebirds on agricultural lands
 6 located in the first representative district on the island of
 7 Hawaii, subject to approval by the board and to applicable county
 8 permit approvals.
 9        -4  Notice to bidders.  Notice of invitation to bid for
10 the award of a franchise license to operate a gamebird testing
11 facility shall be issued by the board in accordance with law.
12        -5  Bid procedure; minimum bid; time of payment.(a)
13 Except for the first year in which this chapter tkes effect, bids
14 shall be submitted no later than fifteen days after the
15 expiration of an existing franchise testing license.  Each bid
16 shall be sealed and accompanied by a deposit of twenty per cent
17 of the total amount of the bid in cashier's check, certified
18 check, or bank draft, payable to a public officer or employee to
19 be designated by the board.
20      (b)  The minimum bid for a franchise testing license shall
21 be $3,000 at the time of award plus a minimum of fifteen per cent
22 of all estimated gate receipts, a minimum of five per cent of all
23 estimated food or beverage revenue, and a minimum of ten per cent

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 1 on estimated gift shop sales and lodging.  Any bid which fails to
 2 comply with any of the terms and conditions as provided herein or
 3 by rules adopted by the board shall be void.  
 4      (c)  Payment for the testing license fee by the successful
 5 bidder shall be made within ten days after the awarding of the
 6 franchise license by the board.  The method of payment shall be
 7 the same as that designated for deposits.
 8      (d)  All bid deposits of all unsuccessful bidders shall be
 9 returned to the bidders.  If the successful bidder fails to make
10 full and final payment in the manner and time provided by this
11 chapter, the board reserves the right to award the franchise
12 license to another bidder.  Any deposit by the original
13 successful bidder who fails to make full and final payment or
14 fails to perform per the franchise license shall be forfeited.
15      (e)  All bids shall be publicly opened and announced by the
16 board.  The hour and place of opening bids shall be stated in the
17 notice of invitation to bid.  The selection of a bid shall be
18 made within two weeks after the opening of the bid proposal.
19      (f)  The board reserves the rights, by majority vote, to
20 reject any or all bids for good cause; to make further
21 invitations for bids in the same manner as the original
22 invitation; to waive immaterial irregularities in the bidding
23 process; and to enter into a contract to let the franchise,

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                                     S.B. NO.           1642

 1 without further invitation, if no bids are received on the first
 2 invitation.
 3      (g)  In case of conflict between this section and chapter
 4 103D, this section shall control.
 5        -6  Revocation of franchise license.  Upon a hearing
 6 provided by the board, the board by majority vote may revoke a
 7 franchise license if it finds the franchise licensee has violated
 8 any provisions of this chapter, or violated or allowed violation
 9 of any other county or state laws in the operation of a gamebird
10 testing facility.
11        -7  Testing permitted.  Section 711-1109 shall not apply
12 to gamebird testing at a licensed franchise facility under this
13 chapter.
14        -8  Gamebird special fund.  (a)  There is established in
15 the state treasury the gamebird special fund, into which shall be
16 deposited:
17      (1)  Revenues from the franchise licensing fee established
18           in section -5;
19      (2)  Appropriations by the legislature to the gamebird
20           special fund; and 
21      (3)  Gifts, grants, and other funds accepted by the board.
22      (b)  Moneys in the gamebird special fund may be placed in
23 interest-bearing accounts or otherwise invested by the board

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                                     S.B. NO.           1642

 1 until a time as that moneys may be needed.  All interest accruing
 2 from the investment of these moneys shall be credited to the
 3 gamebird special fund.
 4      (c)  Moneys in the gamebird special fund shall be used by
 5 the board for the purposes of this chapter."
 6      SECTION 2.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY:  _______________________