Bill Text: HI SB2726 | 2022 | Regular Session | Amended
Bill Title: Relating To Parking Concessions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-03-18 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Kapela, Ward voting aye with reservations; Representative(s) Ganaden, Lowen voting no (2) and Representative(s) Branco, Ilagan, McKelvey, Ohno excused (4). [SB2726 Detail]
Download: Hawaii-2022-SB2726-Amended.html
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THE SENATE |
S.B. NO. |
2726 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PARKING CONCESSIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that certain types of procurement projects, namely parking concessions, require departments to act quickly and that in certain cases, procurement laws can negatively affect the quality and consistency of services offered. Section 102-2(a), Hawaii Revised Statutes, requires that concessions be leased using the public bidding process described therein. This public bidding process can create significant delays when a department attempts to replace a parking vendor.
The legislature recognizes that the highest amount of money offered for a contract does not necessarily result in the State receiving the best value of services and that in some cases, the most expeditious option is preferred. The legislature further finds that in order to ensure quality and consistency of parking services offered to customers, departments should not be limited to awarding parking concessions based on purely monetary consideration. In these cases, the ability for a department to quickly respond to changes in parking vendors or other extenuating circumstances is often essential to ensure uninterrupted parking services to the public.
Therefore, the purpose of this Act is to exempt parking lot operations and ground transportation services at airports and small boat harbors from the bidding requirements under section 102‑2(a), Hawaii Revised Statutes.
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,]:
(A) Airports;
and
(B) Small
boat harbors,
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; and
[[](13)[]] For the operations of the natural energy
laboratory of Hawaii authority."
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, 2112.
Report Title:
Procurement; Parking Lot Operations; Concessions; Airports; Small Boat Harbors; Exemption
Description:
Exempts parking lot operations and ground transportation services at airports and small boat harbors from the mandatory public bidding requirements under the state procurement law. Effective 7/1/2112. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
