Report Title:

Land Use; Concessions; Hawaiian Beachboy Services

Description:

Allows DLNR to negotiate a       year contract for beach services concessions with qualified Hawaiian beachboys under specified criteria and with specific exemptions. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

128

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 2

 

A BILL FOR AN ACT

 

RELATING TO LAND USE.

 

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

SECTION 1. The legislature believes that there exist, within the State, certain unique traditional services that perpetuate and exemplify the rich cultural heritage of Hawaii and that the potential loss of purveyors of these traditional services would detrimentally impact not only the state economic well-being but also the social fabric of Hawaii as well.

The legislature finds that the beachboy services provided in the Hawaiian tradition enjoy an iconic status throughout the history of modern Hawaii and around the world. Beachboys enhance the experience for tourist and kama'aina alike. It is because of this Hawaiian beachboy tradition that the sport of surfing is now practiced worldwide. The legislature finds that in many ways, the Hawaiian beachboy has been the most effective ambassador of Aloha and the Hawaiian way of life to the world over the past century.

The legislature further finds that the services customarily provided by beachboys in the Hawaiian tradition are a valued economic and cultural resource and that the State should support efforts to perpetuate this resource by ensuring that beachboy concessions maintain a consistent level of service and are operated by personnel that are not only knowledgeable in traditional Hawaiian beachboy services, but have a proven record of financial responsibility and service to the community as well.

The purpose of this Act is to perpetuate the Hawaiian beachboy tradition by allowing traditional Hawaiian beachboy services to negotiate       year contracts for concessions located between San Souci (Kaimana) beach and the Ala Wai boat harbor without having to comply with the sealed bidding process required for concessions on public property.

SECTION 2. Section 102-2, Hawaii Revised Statutes, is amended to read as follows:

"§102-2 Contracts for concessions; bid required, exception. (a) Except as otherwise specifically provided by law, no concession or concession space shall be leased, let, licensed, rented out, or otherwise disposed of either by contract, lease, license, permit or any other arrangement, except under contract let after public notice for sealed bids in the manner provided by law; provided that the duration of the grant of the concession or concession space shall be related to the investment required but in no event to exceed fifteen years.

(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, except for motor vehicle rental operations under chapter 437D;

(2) For lei vendors;

(3) For airline and aircraft operations;

(4) For automatic 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 beachboy tradition, incorporated as a nonprofit corporation in accordance with state law, and whose members are appropriately licensed or certified as required by law;

(9)] (8) 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] those purposes, aims, and goals;

[(10)] (9) 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)] (10) For operation of concession or concession spaces at the convention center under chapter 201B; and

[(12)] (11) For airport florist services, lei greeting services, or florist and lei greeting services.

(c) The bidding requirements of subsection (a) shall not apply to any nonrenewable dispositions granting rights for a period not in excess of fourteen days.

(d) Contracts for beach services operations that are dedicated to the preservation of the Hawaiian beachboy tradition shall be negotiated without regard to the limitations set forth in subsection (a); provided that:

(1) The principal of the prospective concession shall have a minimum      years of experience and shall be versed in the Hawaiian beachboy tradition;

(2) The principal of the prospective concession is presently engaged in or has been engaged in traditional Hawaiian beachboy services in the State for a minimum of       years;

(3) The principal of the prospective concession shall have at least       years of experience in ocean survival within the State;

(4) There shall only be       contracts awarded per year;

(5) The negotiated contracts shall be for a period of not more than       years;

(6) The concessions shall be located between San Souci (Kaimana) beach and the Ala Wai boat harbor; and

(7) The employees of the prospective concessionaire shall possess valid surfing instructor, canoe captain licenses, and any other license or certification as required by law.

(e) If two or more applicants meet the minimum criteria requirements set forth in subsection (d), the concession granting authority shall have the discretion to:

(1) Select the most deserving applicant by an evaluation of the following factors, including:

(A) Longevity;

(B) Demonstrated performance;

(C) Reputation;

(D) Employee qualifications; or

(2) Execute or grant more than one contract for concessions; provided that if the applicants are vying for the same specific or preferred location, the concession granting authority may exercise the discretion as provided in paragraph (1), or if the concession granting authority determines that the applicant's qualifications are equal and cannot be fairly differentiated, then the concession granting authority shall employ a public notice and sealed bid process."

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, 2006.