Report Title:

Relating to State Parks

Description:

Bill establishing the park maintenance and capital improvement revolving fund and encouraging the Department of Land and Natural Resources and lessees of state parks to contract for concessions at public parks.

THE SENATE

S.B. NO.

375

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to STATE PARKS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Keeping our state parks open and accessible to the public is a high priority. Our parks must be properly maintained to ensure the public's safety and comfort. While many community parks and recreational facilities are maintained by the counties, most of the larger parks are the responsibility of the state. The state has also leased out some of its park resources to non-profit organizations who are contractually charged with the responsibility of maintaining and managing those properties. The state must nevertheless appropriate funds annually for necessary maintenance and capital improvements.

The state is currently experiencing budgetary difficulties that has made appropriations of funds for needed repairs, maintenance and capital improvements uncertain. Consequent shortfalls in needed appropriations have resulted in inadequate maintenance and fewer capital improvements. The public's enjoyment and ability to fully utilize the recreational potential of our parks has suffered as a result. Further budgetary cutbacks may result in the cutback or closure of some park facilities or may even place the public's safety at risk. A means of ensuring adequate funding of repairs and maintenance is needed.

User and entrance fees are generally disfavored by the public and should be avoided.

The public's enjoyment of parks would be enhanced if services were expanded to include recreational equipment rental, tour guide services, and some types of merchandise (e.g. souvenir) sales. Concessionaires could provide these services. Contracts to provide these services would generate revenues and reduce the need for appropriations for the needed maintenance, repairs and minor capital improvements at state parks.

There are currently few, if any, statutory guidelines for the Department of Land and Natural Resources to seek out concessionaires beyond those needed to provide basic services at state parks.

This bill is intended to provide legislative intent and give statutory authority to the DLNR and private lessees of state parks to facilitate and encourage concessions when determined to be in the public interest. The department would be given the ability to negotiate contracts for concessions at state parks provided that a percentage of the gross proceeds earned by the concessionaire shall be deposited in a revolving fund to be used for state park repairs and maintenance and minor capital improvements. The fund would be subject to a maximum amount limitation. Excess funds to be placed in the state's general fund.

SECTION 2. Section 102-2, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"§102-2 Contracts for concessions; bid required, exception. (a) Except as otherwise specifically provided by law, no concession or concession space shall be leased, let, licensed, rented out, or otherwise disposed of either by contract, lease, license, permit or any other arrangement, except under contract let after public notice for sealed bids in the manner provided by law; provided that the duration of the grant of the concession or concession space shall be related to the investment required but in no event to exceed fifteen years or in the case of lessees of state land, not to exceed fifteen years or the remaining term of the lease, whichever shall be shorter in duration.

(b) The bidding requirements of subsection (a) shall not apply to concessions or space on public property set aside for the following purposes:

(1) For operation of ground transportation services and parking lot operations at airports, except for motor vehicle rental operations under chapter 437D;

(2) For lei vendors;

(3) For airline and aircraft operations;

(4) For automatic teller machines and vending machines, except vending machines located at public schools operated by blind or visually handicapped persons in accordance with section 302A-412;

(5) For operation of concessions set aside without any charge;

(6) For operation of concessions by handicapped or blind persons; except concessions operated in the public schools by blind or visually handicapped persons in accordance with section 302A-412;

(7) For operation of concessions on permits revocable on notice of thirty days or less; provided that no such permits shall be issued for more than a one year period;

(8) For operation of concessions or concession spaces for a beach service association dedicated to the preservation of the Hawaii beachboy tradition, incorporated as a nonprofit corporation in accordance with state law, and whose members are appropriately licensed or certified as required by law;

(9) For operation of concessions at county zoos, botanic gardens, or other county parks which are environmentally, culturally, historically, or operationally unique and are supported, by nonprofit corporations incorporated in accordance with state law solely for purposes of supporting county aims and goals of the zoo, botanic garden, or other county park, and operating under agreement with the appropriate agency solely for such purposes, aims, and goals;

(10) For operations of concessions that furnish goods or services for which there is only one source, as determined by the head of the awarding government agency in a writing that shall be included in the contract file; and

(11) For operation of concession or concession spaces at the convention center under chapter 201B.

(c) The bidding requirements of subsection (a) shall not apply to any nonrenewable dispositions granting rights for a period not in excess of fourteen days.

(d) The bidding requirements of subsection (a) shall not apply to contracts for concessions on land leased by the state to non-profit organizations for park purposes."

SECTION 3. Section 171-56, Hawaii Revised Statutes, is amended by amending subsection (56) to read as follows:

"§171-56 Contract or license for concessions or concession space. The board of land and natural resources may, subject to chapter 102, {dispose of concessions} grant contracts or licenses for concessions or concession space, as defined in chapter 102, and shall enter into contracts or issue licenses for such concessions at state managed parks; the board may also allow lessees of state land that are managed as parks, enter into contracts or licenses for concessions or concession space; provided that the duration of the contract or license shall be related to the investment required, but in no event to exceed fifteen years or in the case of lessees of state land, not to exceed fifteen years or the remaining term of the lease, whichever shall be shorter in duration."

SECTION 4. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Park Maintenance and Capital Improvement Revolving Fund. (a) There is established the park maintenance and capital improvement revolving fund into which shall be deposited all moneys derived from concession contracts awarded pursuant to §171-56, however, the revolving fund balance shall not be allowed to exceed $ , any excess, if any, beyond that amount shall be transferred to the state general fund.

(b) The department shall expend the moneys from revolving fund for the following purposes:

(1) Maintenance and repair of existing improvements at state-maintained parks, including parks leased to non-profit organizations;

(2) For the purposes of this section "maintenance and repair" shall include the purchase of services, equipment and materials, needed or used to in the ordinary course of grounds and building repair and maintenance;

(3) Capital improvement expenditures pursuant to this section shall not exceed $1000 in value.

(4) The purchase of goods and services pursuant to this section shall be made in compliance with Chapter §103D, HRS.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2004.

INTRODUCED BY:

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