BILL NUMBER: AB 553 CHAPTERED 09/30/00 CHAPTER 993 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 AMENDED IN SENATE AUGUST 30, 2000 AMENDED IN SENATE MARCH 8, 2000 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN ASSEMBLY MAY 24, 1999 AMENDED IN ASSEMBLY APRIL 28, 1999 INTRODUCED BY Assembly Member Cardenas FEBRUARY 19, 1999 An act to amend Section 5080.23 of, and to add and repeal Section 5018.1 of, the Public Resources Code, relating to parks and recreation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 553, Cardenas. Parks and recreation: concession contracts. Existing law, with respect to concession contracts entered into on and after October 1, 1994, authorizes the Director of Parks and Recreation, if the director determines that it is in the best interests of the state, upon giving notice to the State Parks and Recreation Commission, in lieu of the process for awarding certain concession contracts, to award contracts authorizing occupancy of any portion of the state park system for a period of more than 2 years to the best responsible person or entity submitting a proposal for a concession contract, and requires that the Department of Parks and Recreation's standards for "best responsible person or entity submitting a proposal" require the person or entity submitting a proposal to demonstrate a history of compliance with applicable federal or state labor laws, including, but not limited to, laws relating to wages, hours, and working conditions, and the right of employees to organize and participate in collective bargaining. This bill would delete that requirement pertaining to the department's standards for "best responsible person or entity submitting a proposal." The bill would, until January 1, 2005, authorize the Department of Finance to delegate to the department the right to exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services to plan, design, construct, and administer contracts and professional services for legislatively approved capital outlay projects, but would permit the Department of Finance, until that date, to revoke, at any time, in whole or in part, any such authority granted to the department with respect to project planning, design, construction and administration of contracts and professional services. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5080.23 of the Public Resources Code is amended to read: 5080.23. (a) Notwithstanding any other provision of this article, with respect to concession contracts entered into on and after October 1, 1994, if the director determines that it is in the best interests of the state, the director may, upon giving notice to the State Parks and Recreation Commission, in lieu of the process for awarding contracts otherwise prescribed in this article, award contracts authorizing occupancy of any portion of the state park system for a period of more than two years to the best responsible person or entity submitting a proposal for a concession contract. (b) For any concession contract authorizing occupancy by the concessionaire for a period of more than two years of any portion of the state park system that is entered into pursuant to this section, the department shall prepare a request for proposal, which shall include the terms and conditions of the concession sufficient to enable a person or entity to submit a proposal for the operation of the concession on the basis of the best benefit to the state. Proposals shall be completed only on the basis of the request for proposal. (c) Any concession contract entered into pursuant to this section that is expected to involve a total investment or gross sales in excess of five hundred thousand dollars ($500,000) shall comply with the requirements for entry into contract that are set forth in Section 5080.20. (d) For purposes of this section, "best responsible person or entity submitting a proposal" means the person or entity submitting a proposal, as determined by specific standards established by the department, that will operate the concession in the best interests of the state and the public. SEC. 2. Section 5018.1 is added to the Public Resources Code, to read: 5018.1. (a) Notwithstanding any other provision of law, the Department of Finance may delegate to the department the right to exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services to plan, design, construct, and administer contracts and professional services for legislatively approved capital outlay projects. (b) Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time prior to January 1, 2005. (c) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 3. 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 to preserve the state parks in the best interests of the state and the public, it is necessary that this act take effect immediately.