Bill Text: HI HB1953 | 2022 | Regular Session | Amended
Bill Title: Relating To Concessions.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Engrossed - Dead) 2022-04-29 - Received notice of change in Senate conferees (Sen. Com. No. 935). [HB1953 Detail]
Download: Hawaii-2022-HB1953-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1953 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CONCESSIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide the department of transportation flexibility and discretion to provide fair and important relief to all concessions who are struggling in times of unpredictable crisis to remain in place and provide services to passengers, including those on a holdover or revocable permit who may have not been able to receive relief granted to those operating under lease agreements.
SECTION 2. Section 102-10, Hawaii Revised Statutes, is amended to read as follows:
"§102-10
Modification of contract terms. [If] Notwithstanding any other law to
contrary, if during the term of the contract [(], including [contracts
which have] any type of lease, holdover, revocable permit, or formalized
agreement that has been executed [and are] or is presently in
force[)], there has been a reduction of fifteen per cent or more
in the volume of business of the concessionaire for a period of sixty days or
more, computed on the average monthly gross income for the eighteen months just
prior to the period or as long as the concessionaire has been in the business,
whichever period is shorter, and such reduction as determined by the officer
letting the contract is caused by construction work conducted during the period
of time on, or within or contiguous to, the public property upon which the
concession is located by either the state or county governments, or both, the
officer, with the approval of the governor in the case of a state officer and
the chief executive of the respective county in the case of a county officer,
may modify any of the terms of the contract, including the agreed upon rent,
for a period which will allow the concessionaire to recoup the amount lost by
such reduction; provided that if the contract includes provisions allowing
modification for the above contingencies, this section shall not be applicable
thereto; provided further that this provision shall not apply to any particular
concession if the application thereto may impair any contractual obligations
with bondholders of the State or counties or with any other parties."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
DOT; Airport Concessions; Substantial Hardship; Contracts
Description:
Provides the Department of Transportation with more flexibility and discretion to address substantial hardship situations that impact airport concession contracts. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
