Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1199, S.D. 2, H.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The primary purpose of this bill is to include certain specific businesses within the definition of "concession" so that that they are subject to public bidding requirements.

Upon further consideration your Committee on Conference has amended this bill to include motor vehicle rental operations under chapter 437D, Hawaii Revised Statutes, within the definition of "concession" so that such concessions are clearly subject to public bidding requirements.

Your Committee on Conference also amended this bill to create an option for parking lot operations so that such operations, due to their unique problems and circumstances, may be exempt from public bidding requirements as determined by the Department of Transportation.

Your Conference Committee further amended this bill so that operations 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 a writing to be included in the contract file, shall also be exempt from public bidding requirements. While your Conference Committee anticipates that such single-source exemptions will be rarely invoked and clearly justified when used, your Conference Committee notes that existing law is ambiguous as to how such concessions are to be handled under circumstances when public bidding requirements are not practical.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1199, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1199, S.D. 2, H.D. 1, C.D. 1.