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AB-482 State parks: concessions.(2003-2004)

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AB482:v98#DOCUMENT

Amended  IN  Assembly  April 22, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 482

Introduced  by  Assembly Member Cogdill

February 14, 2003

An act to amend Sections 5080.05 and 5080.17 of, and to add Section 5080.22 to, the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 482, as amended, Cogdill. State parks: concessions.
Existing law generally requires contracts for concessions in state parks for a period of more than 2 years to be awarded pursuant to a specified bidding process. Existing law requires the Department of Parks and Recreation to prepare an invitation to bid and requires that invitation to specify the minimum acceptable rent, with certain exceptions.
This bill would exempt from this bidding process a concession that has been on state park lands since before the state park was established and that has been owned and run operated by the same family for 50 or more years. The bill would require the Director of Parks and Recreation to negotiate or renegotiate a contract, including terms and conditions, with the concession. The bill would authorize the director, when negotiating the contract, to specify a minimum rent requirement based on the previous year’s rent and comparable rents.
This bill would make other technical, conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5080.05 of the Public Resources Code is amended to read:

5080.05.
 Except as provided in Sections 5080.16 and 5080.22, all contracts authorizing occupancy of any portion of the state park system for a period of more than two years shall be awarded to the best responsible bidder. “Best responsible bidder” means the bidder, as determined by specific standards established by the department, which, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, and (3) in the best interests of the state and public.

SEC. 2.

 Section 5080.17 of the Public Resources Code is amended to read:

5080.17.
 (a) Every contract awarded pursuant to the bidding requirements of this article, pursuant to the request for proposal process specified in Section 5080.23, or negotiated or renegotiated pursuant to Section 5080.16 or 5080.22, shall be submitted to the Attorney General for approval for legal sufficiency and to the Director of General Services for approval pursuant to Section 11005.2 of the Government Code, the requirements of which are the only requirements applicable to the approval of contracts entered into pursuant to this article. The concession contract is not binding on the state until approved by the Attorney General and the Director of General Services.
(b) Notwithstanding Section 11005.2 of the Government Code and subdivision (a) of this section, the approval of a concession contract by the Director of General Services shall not be required Director of General Services is not required to approve a concession contract unless the concession contract authorizes occupancy of a unit of the state park system for a period of more than one year.

SEC. 3.

 Section 5080.22 is added to the Public Resources Code, to read:

5080.22.
 (a) The Legislature finds and declares that concessions that have been on lands that are currently part of the state park system, but were not part of the state park system at the time the concessions established themselves on those lands, and that have exhibited continuity of ownership, contribute to the continuity of culture within those lands and parks.
(b) (1) A concession that has been on state park lands since before the state park was established and that has been owned and run operated by the same family for 50 or more years is exempt from the bidding process prescribed by this article.
(2) The director shall negotiate or renegotiate a contract, including terms and conditions, with a concession that satisfies the criteria of paragraph (1). When negotiating the contract, the director may specify a minimum rent requirement based on the previous year’s rent and comparable rents.