BILL NUMBER: SB 386	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Harman

                        FEBRUARY 15, 2011

   An act to add  and repeal Section 5080.42 of 
 Section 5080.42   to  the Public Resources Code,
relating to state parks, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 386, as amended, Harman. State parks: proposed closures:
 operation and maintenance contracts.   public
notice. 
   (1) Existing law authorizes the Department of Parks and Recreation
to enter into agreements between the department and federal and
local governments and other public agencies for the care,
maintenance, administration, and control of lands under the
jurisdiction of any party to this agreement for the purpose of the
state park system, as prescribed.
   This bill would  prohibit the department, until June 30,
2013, from closing any unit of the state park system, unless the
department provides written notice to the Legislature of the proposed
closure, and has prepared an invitation to bid for a contract for
the operation and maintenance of the unit of the state park system,
as specified   require the department to post on its
Internet Web site,   at least 30 days prior to the date the
department plans to close a unit of the state park system to public
access, specified information about the proposed park closure,
including information about how to contact the department in writing
if an individual or other party is interested in entering into
negotiations with the department for a contract or agreement to
lease, operate, maintain, or provide concessions at a unit of the
state park system that is proposed to be closed. Th   e bill
would require the department to respond in writing to any inquiry
received in connection with the information provided pursuant to
those provisions  .
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5080.42 is added to the Public Resources Code,
to read: 
   5080.42.  (a) The department shall not close any unit of the state
park system, unless the department complies with both of the
following requirements:
   (1) Provides written notice to the Legislature of a proposed
closure of a unit of the state park system.
   (2) Has prepared an invitation to bid for a contract for the
operation and maintenance of a unit of the state park system that is
proposed to be closed, consistent with the requirements of this
article, within 30 days from the date that the department provided
notice to the Legislature pursuant to paragraph (1) of the proposed
closure.
   (b) If the department is unable to find a responsible bidder for a
contract to operate and maintain a unit of the state park system
that is proposed to be closed pursuant to subdivision (a), it may
consider bundling a contract or contracts for one or more units of
the state park system, if it is in the best interests of the state to
do so.
   (c) The department shall also consider offering a contract for bid
for the operation and maintenance of a unit of the state park system
that is not proposed to be closed, but for which the department has
proposed to reduce the park unit's operating hours.
   (d) Any contract entered into pursuant to this section shall
include all of the following:
   (1) A requirement that the operator of the unit of the state park
system maintain the resource values and overall natural character of
the unit.
   (2) If the commission has approved a general development plan for
the unit of the state park system, a requirement that the unit be
maintained and operated consistent with that plan.
   (3) A clause prohibiting the construction of facilities at a unit
of the state park system without the authorization of the department.

   (e) This section shall become inoperative on June 30, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   5080.42.  (a) The department shall post on its Web site, at least
30 days prior to the date the department plans to close a unit of the
state park system to public access, all of the following
information:
   (1) The name of the park system unit proposed to be closed.
   (2) The approximate date of proposed closure.
   (3) Information about how to contact the department in writing if
an individual or other party is interested in entering into
negotiations with the department for a contract or agreement to
lease, operate, maintain, or provide concessions at a unit of the
park system that is proposed to be closed.
   (b) The department shall respond in writing to any inquiry
received in connection with the information provided pursuant to
subdivision (a). 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order that statutory changes are made to  allow
  require  the Department of Parks and Recreation
to  enter into contracts to reduce the operating and
maintenance costs at units of the state   provide timely
notice to the public on its Internet Web site of proposed closures
of units of the state  park system at the earliest possible
time, it is necessary that this act take effect immediately.