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HOUSE OF REPRESENTATIVES

H.B. NO.

621

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE TRANSFER OF CERTAIN SPORTS COMPLEXES TO THE UNIVERSITY OF HAWAII.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new section, to be appropriately numbered, and to read as follows:

"§ - Stadium advisory council; appointment, terms. (a) There shall be within the university of Hawaii a stadium advisory council, whose responsibility shall be to advise the board of regents and the president of the university with respect to maintenance, operation, and management of the stadium, the Kapolei recreational sports complex and related facilities.

The council shall consist of nine members who shall be appointed by the governor in the manner prescribed by section 26-34.

(b) The term of each member of the council shall be four years, provided that of the members initially appointed three members shall serve for four years, three members shall serve for three years and the remaining three members shall serve for two years. No person shall be appointed consecutively to more than two terms as a member of the council. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments.

(c) The members of the council shall serve without compensation and shall be allowed their actual and necessary expenses incurred in the performance of their duties."

SECTION 2. Chapter 109, Hawaii Revised Statutes, is amended to conform to this Act.

SECTION 3. Chapter 304, Hawaii Revised Statutes, is amended to conform to this Act.

SECTION 4. Subject to any requirements of federal law, all rights, powers, functions, and duties of the stadium authority, together with the real property comprising the Aloha stadium, are transferred to the board of regents of the university of Hawaii.

SECTION 5. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer of employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 6. All deeds, leases, contracts, agreements, permits, records, equipment, files, supplies, books, papers, maps, computer software and data, authorizations and other property, both real and personal, heretofore made, used, acquired, or held by the stadium authority in the exercise of the functions and programs transferred by this Act shall be transferred to the university of Hawaii when the functions or programs are so transferred and, in the case of the land upon which Aloha stadium is built, upon compliance with all applicable conditions contained in the deed to the property.

SECTION 7. It is not the intent of this Act to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 8. The department of land and natural resources shall take all necessary actions to cause the transfer of the property upon which Aloha stadium is situated to the university of Hawaii on July 1, 2002, including, without limitation, determining that all deed restrictions are satisfied. The department of land and natural resources shall submit a report on the status of the transfer to the legislature no later than twenty days prior to the convening of the 2002 regular session.

SECTION 9. This Act, upon its approval, shall take effect on July 1, 2002; except that section 8 shall take effect on July 1, 2001.

INTRODUCED BY:

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