HOUSE OF REPRESENTATIVES

H.B. NO.

1582

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

PROPOSED

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONCESSIONS ON PUBLIC PROPERTY.

 

 

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

 


     SECTION 1.  The legislature finds that section 102-2, Hawaii Revised Statutes, appropriately provides that concessions on public property are to be granted by sealed top-dollar bid unless a justifiable request is made to the legislature to allow a particular concession to be awarded by negotiation, including a request for proposal process, tailored to the unique circumstances of the particular concession, and supervised and approved by state and county attorneys in accordance with applicable laws and ordinances.  It is important that the legislature understands the type of concession to be negotiated to avoid possible conflicts and problems among similar types of concessions.

     Section 102-2, Hawaii Revised Statutes, also allows some concessions to be negotiated because a person or entity offering the most money may not be the best suited or qualified to serve the needs of the public, including the enhancement of customer and visitor experiences.  Thus, cost should not be the controlling factor in awarding some concessions.

     The legislature finds there is a need to provide more historical and cultural information to address the needs of, and to enhance, visitor experiences within the state capitol district and the increasing number of tourists and residents visiting this district each year.

     The purpose of this Act is to allow for the award by negotiation of contracts for the operation of concessions that provide historical and cultural information, goods, and services to visitors and residents within the state capitol district.

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

     "(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 automated 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 beach boy 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 operation 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 writing that shall be included in the contract file;

    (11)  For any of the operations of the Hawaii health systems corporation and its regional system boards;

    (12)  For airport operation of concessions;

    (13)  For the stadium authority operation of concessions providing electronic communication services;

    (14)  For the stadium authority operation of concessions consisting solely of advertising; [and]

    (15)  For the operations of the natural energy laboratory of Hawaii authority[.]; and

    (16)  For the operation of concessions that provide historical and cultural information, goods, and services within the state capitol district."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2019.



 

Report Title:

Concessions; Public Property; Bids; Proposals

 

Description:

Exempts from the bidding requirements of Chapter 102, HRS, concessions on public property whose operations provide historical and cultural information, goods, and services within the State Capitol District.  (HB1582 HD1 PROPOSED)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.