California Legislature—2015–16 Regular Session

Assembly BillNo. 2249


Introduced by Assembly Members Cooley, Bigelow, and Gray

(Coauthors: Assembly Members Achadjian, Bloom, Brown, Dababneh, Dodd, Eggman, Cristina Garcia, Gipson, Obernolte, Olsen, Patterson, Salas, and Wagner)

February 18, 2016


An act to add Section 5080.22 to the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 2249, as introduced, Cooley. State parks.

Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist, and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder.

This bill would prohibit a concession contract from providing a contracting party with, or serving as a basis for a legal claim or assertion that the contracting party has, a trademark right or other financial or ownership interest in the name or names associated with a state park venue. The bill would prohibit a bidder who makes that legal claim or assertion from being awarded a concession contract within state parks, and would render a provision of a concession contract that provides, or serves as a basis for a legal claim or assertion that the contracting party has, a trademark right or other financial or ownership interest in the name or names associated with a state park venue void and unenforceable.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) National, state, and regional parks serve the public interest,
4benefit California, and very often reflect historic significance that
5earlier generations of Californians have attached to these sites.

6(b) Yosemite National Park, located in California, is one of the
7most important and majestic parks in the United States and is filled
8with historic landmarks built several decades ago. The historic
9nature of these landmarks as California heirloom destinations is
10demonstrated by topographic maps of the Yosemite Valley dating
11back to the 1950s, which include these venues.

12(c) The Ahwahnee Hotel was built in the 1920s with a backdrop
13of Half Dome. It was placed on the National Register of Historic
14Places in 1977.

15(d) Curry Village, in the Yosemite Valley, is named after a San
16Francisco Bay area couple who established a summer camp there
17in 1899. It was placed on the National Register of Historic Places
18in 1979.

19(e) The Wawona Hotel is a complex of seven buildings in the
20southwest corner of Yosemite National Park. The first building,
21then named “Long White,” was originally constructed in 1876.
22The main hotel building originally opened in 1879. It was placed
23on the National Register of Historic Places in 1975.

24(f) California state park venues are held in public trust for the
25people of California. A legal claim by an individual to have a
26trademark right to a name or names associated with a venue within
27a state park derogates the interests of California and the shared
28history of Californians, and it is indicative of a lack of the
29individual’s fitness to serve as a steward of the state’s cherished
30cultural heritage and places.

31(g) An agreement entered into by any California state agency
32that compromises the interests of Californians is “ultra vires” and
33therefore beyond that agency’s legal authority to enter.

P3    1(h) It is important that the Legislature clarify that an awarded
2concession contract within California’s state parks does not give
3the concessionaire a trademark right to the name or names
4associated with a state park venue. Furthermore, a concessionaire
5who makes a legal claim to have that trademark right should be
6disqualified from further consideration as a bidder.

7

SEC. 2.  

Section 5080.22 is added to the Public Resources Code,
8to read:

9

5080.22.  

(a) A concession contract awarded pursuant to
10Section 5080.05 or 5080.16 shall not provide the contracting party
11with, or serve as a basis for any legal claim or assertion that the
12contracting party has, a trademark or other financial or ownership
13interest in the name or names associated with a state park venue.

14(b) A bidder who makes a legal claim or assertion to have a
15trademark or other financial or ownership interest described in
16subdivision (a) shall not be awarded a contract pursuant to Section
175080.05 or 5080.16.

18(c) A provision of a contract or other agreement entered into
19pursuant to Section 5080.05 or 5080.16 that violates subdivision
20(a) shall be void and unenforceable.



O

    99