REPORT TITLE:
Gamebirds


DESCRIPTION:
Establishes a board to license gamebird testing facilities.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FRANCHISES. 


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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5             GAMEBIRD TESTING FACILITY LICENSING BOARD
 
 6      §   -1  Gamebird; definition.  As used in this chapter,
 
 7 "gamebird" means chickens referred to as Old English Game fowl
 
 8 raised for various purposes including poultry shows, pets, egg
 
 9 production, consumption, and cockfighting.
 
10      §   -2  Licensing board; established.(a)  There is
 
11 established for the first representative district, county of
 
12 Hawaii, a gamebird testing licensing board, hereinafter referred
 
13 to as the board.  The board shall be composed of three members
 
14 appointed by the governor, subject to section 26-34, from a list
 
15 of nominees submitted by the mayor of the county of Hawaii and
 
16 the council of the county of Hawaii.
 
17      (b)  Board members shall serve without pay, but shall be
 
18 reimbursed for reasonable and necessary expenses incurred in the
 
19 performance of their duties.
 

 
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 1      (c)  Board members shall be registered voters in the first
 
 2 representative district.  No board member or any immediate family
 
 3 member shall have any interest in any franchise license for the
 
 4 testing of gamebirds or be an employee in any establishment
 
 5 licensed to test game fowl.
 
 6      §   -3  Duties of the board.  The board shall have all 
 
 7 powers reasonably necessary and incidental to the fulfillment of
 
 8 its purposes and duties, including but not limited to the
 
 9 following:
 
10      (1)  To assist organizations and individuals interested in
 
11           the promotion of a better and efficient gamebird
 
12           testing facility, so that gamebird farmers may evaluate
 
13           their skill in raising gamebird and may determine the
 
14           skill level of various gamebird family lines;
 
15      (2)  To adopt rules relating to gamebird testing;
 
16      (3)  To decide any dispute arising from gamebird testing,
 
17           including but not limited to, the revocation of a
 
18           franchise license granted pursuant to this chapter;
 
19           provided that the the decision of the board shall be
 
20           final; and
 
21      (4)  Designate, by rule under chapter 91, the time, hours,
 
22           and location of gamebird testing activities.
 
23      §  -4  Franchise; term of license.  (a)  The board shall
 

 
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 1 issue a franchise testing license to a person, partnership,
 
 2 limited liability company, or corporation submitting a proposal
 
 3 for the operations of a testing facility, that meets or exceeds
 
 4 the licensing guidelines established by the board for the
 
 5 facility.  The selection of the franchise licensee shall be made
 
 6 by a majority of the board members.
 
 7      (b)  The initial franchise testing license shall be issued
 
 8 for a period of ten years, with renewals of not more than three
 
 9 years each.
 
10      (c)  The franchise testing license holder shall design and
 
11 construct a building to test gamebirds on agricultural lands
 
12 located in the first representative district on the island of
 
13 Hawaii, subject to approval by the board and to applicable county
 
14 permit approvals.
 
15      §  -5  Notice to bidders.  Notice of invitation to bid for
 
16 the award of a franchise license to operate a gamebird testing
 
17 facility shall be issued by the board in accordance with law.
 
18      §  -6  Bid procedure; minimum bid; time of payment.(a)
 
19 Except for the first year in which this chapter takes effect,
 
20 bids shall be submitted no later than fifteen days after the
 
21 expiration of an existing franchise testing license.  Each bid
 
22 shall be sealed and accompanied by a deposit of twenty per cent
 
23 of the total amount of the bid in cashier's check, certified
 

 
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 1 check, or bank draft, payable to a public officer or employee to
 
 2 be designated by the board.
 
 3      (b)  The minimum bid for a franchise testing license shall
 
 4 be $3,000 at the time of award plus a minimum of fifteen per cent
 
 5 of all estimated gate receipts, a minimum of five per cent of all
 
 6 estimated food or beverage revenue, and a minimum of ten per cent
 
 7 on estimated gift shop sales and lodging.  Any bid which fails to
 
 8 comply with any of the terms and conditions as provided herein or
 
 9 by rules adopted by the board shall be void.  
 
10      (c)  Payment for the testing license fee by the successful
 
11 bidder shall be made within ten days after the awarding of the
 
12 franchise license by the board.  The method of payment shall be
 
13 the same as that designated for deposits.
 
14      (d)  All bid deposits of all unsuccessful bidders shall be
 
15 returned to the bidders.  If the successful bidder fails to make
 
16 full and final payment in the manner and time provided by this
 
17 chapter, the board reserves the right to award the franchise
 
18 license to another bidder.  Any deposit by the original
 
19 successful bidder who fails to make full and final payment or
 
20 fails to perform per the franchise license shall be forfeited.
 
21      (e)  All bids shall be publicly opened and announced by the
 
22 board.  The hour and place of opening bids shall be stated in the
 
23 notice of invitation to bid.  The selection of a bid shall be
 

 
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 1 made within two weeks after the opening of the bid proposal.
 
 2      (f)  The board reserves the rights, by majority vote, to
 
 3 reject any or all bids for good cause; to make further
 
 4 invitations for bids in the same manner as the original
 
 5 invitation; to waive immaterial irregularities in the bidding
 
 6 process; and to enter into a contract to let the franchise,
 
 7 without further invitation, if no bids are received on the first
 
 8 invitation.
 
 9      (g)  In case of conflict between this section and chapter
 
10 103D, this section shall control.
 
11      §  -7  Revocation of franchise license.  Upon a hearing
 
12 provided by the board, the board by majority vote may revoke a
 
13 franchise license if it finds the franchise licensee has violated
 
14 any provisions of this chapter, or violated or allowed violation
 
15 of any other county or state laws in the operation of a gamebird
 
16 testing facility.
 
17      §  -8  Testing permitted.  Section 711-1109 shall not apply
 
18 to gamebird testing at a licensed franchise facility under this
 
19 chapter.
 
20      §  -9  Gamebird special fund.  (a)  There is established in
 
21 the state treasury the gamebird special fund, into which shall be
 
22 deposited:
 
23      (1)  Revenues from the franchise licensing fee established
 

 
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 1           in section -5;
 
 2      (2)  Appropriations by the legislature to the gamebird
 
 3           special fund; and 
 
 4      (3)  Gifts, grants, and other funds accepted by the board.
 
 5      (b)  Moneys in the gamebird special fund may be placed in
 
 6 interest-bearing accounts or otherwise invested by the board
 
 7 until a time as that moneys may be needed.  All interest accruing
 
 8 from the investment of these moneys shall be credited to the
 
 9 gamebird special fund.
 
10      (c)  Moneys in the gamebird special fund shall be used by
 
11 the board for the purposes of this chapter."
 
12      SECTION 2.  This Act shall take effect upon its approval.