BILL ANALYSIS Ó
AB 2249
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2249 (Cooley) - As Amended April 18, 2016
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|Policy |Water, Parks and Wildlife |Vote:|15 - 0 |
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| |Judiciary | |10 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill revises several provisions of law that govern state
park concession contracts. Specifically, this bill:
1)Modifies the definition of best responsible bidder to require
the bidder to operate the concession in a manner that protects
the state's interest in the names associated with the venue
and its historical, cultural and recreational resources, as
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specified.
2)Prohibits a concession contract from providing the contracting
party with a specified interest in the names associated with a
state park venue or its historical, cultural or recreational
resources beginning January 1, 2017. Prohibits a concession
contract from serving as the basis for any legal claim that
the contracting party has an interest. Declares these
provisions are existing law. Declares a contract entered into
before January 1, 2017, with specified interests void and
unenforceable.
3)Bans state park concessionaires from bidding on future
contracts if the concessionaire makes a legal claim with
respect to a federal or state park venue, as specified.
4)Requires the Department of Parks and Recreation (DPR) to adopt
regulations to provide written notice and due process for
contract denial.
5)Requires a concessionaire to pay state legal costs under
specified circumstances.
FISCAL EFFECT:
1)Initial costs of up to $500,000 for DPR (GF or special fund)
to adopt regulations to establish a process for contested
contract awards, determine eligibility of concessionaires, and
amend existing contracts as necessary.
2)Ongoing annual costs of $335,000 (GF or special fund).
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COMMENTS:
Rationale. According to the author, the current concessionaire
of Yosemite National Park has operated there since 1993 but
recently lost the bid to renew their contract. In response, they
claimed the names of several Yosemite landmarks as their
intellectual property. Unable to resolve the dispute, the
National Park Service has re-named the Ahwahnee Hotel, Curry
Village and the Wawona Hotel. This bill will prevent similar
claims in state parks.
The contract typically used by DPR for state park concessions in
California expressly prohibits a concessionaire from obtaining a
trademark claim in any name or logo associated with a state
park, and provides that any such trademark that might be created
during the period of the contract shall continue in DPR's
exclusive ownership upon termination of the Contract. While
this is the current practice at DPR, this bill would ensure that
such protections continue to apply in the future.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081
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