REPORT TITLE:
Recreational Facilities


DESCRIPTION:
Expands responsibilities of the Stadium Authority to include the
Kapolei Recreational Sports Complex; creates Kapolei special
fund; provided that Kapolei and stadium funds are to be kept
completely separate.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO RECREATIONAL FACILITIES.
 


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

 1      SECTION 1.  Chapter 109, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "109-     Kapolei recreational sports complex special fund.
 
 5 There is created a special fund to be known as the Kapolei
 
 6 recreational sports complex special fund into which funds
 
 7 appropriated by the legislature, received pursuant to a
 
 8 professional management contract under section 109-2(3), or
 
 9 collected by the authority from the operations of the Kapolei
 
10 recreational sports complex shall be deposited subject to
 
11 contracts entered into pursuant to section 109-2(3); provided
 
12 that all funds received pursuant to this section shall be kept
 
13 completely separate from the stadium special fund.  The fund
 
14 shall be applied, used, and disposed of for the payment of:
 
15      (1)  The expenses of the operation, maintenance, promotion,
 
16           and management of; and
 
17      (2)  All or a portion of the cost of financing any capital
 
18           improvement project for;
 
19 the Kapolei recreational sports complex; provided that all
 

 
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 1 services required for the Kapolei recreational sports complex
 
 2 shall be performed by persons hired on contract or otherwise,
 
 3 without regard for chapters 76 and 77; provided further that the
 
 4 authority shall report to the legislature all receipts and
 
 5 expenditures of the Kapolei recreational complex special fund
 
 6 account twenty days prior to the convening of each regular
 
 7 session.
 
 8      109-     Lost and found money or property at the Kapolei
 
 9 recreational sports complex.  (a)  All money or property found at
 
10 the Kapolei recreational sports complex shall be reported or
 
11 delivered by the finder to the complex lost and found, and when
 
12 so delivered shall be held by the Kapolei recreational sports
 
13 complex management for forty-five days or until claimed by some
 
14 person who establishes title or right of custody thereto to the
 
15 satisfaction of the management, whichever is shorter.  In the
 
16 event of establishment of title or right of custody, the money or
 
17 property shall be delivered to the claimant by the management or
 
18 the management's agent.  If after forty-five days no claimant
 
19 establishes a right to the money or property, the money or
 
20 property may be claimed by the person who delivered it to the
 
21 complex lost and found; provided that if the person who delivered
 
22 it to the complex lost and found fails to claim the money or
 
23 property within thirty days after being notified by the
 

 
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 1 management, the management shall deposit the money into the state
 
 2 treasury to the credit of the Kapolei recreational sports complex
 
 3 special fund or shall dispose of the property by public auction.
 
 4      The management shall give public notice, giving details as
 
 5 to time and place of the auction and giving notice to all persons
 
 6 interested in claiming the property that unless claims are made
 
 7 by persons who can provide satisfactory proof of ownership before
 
 8 a specified date, the property will be sold at public auction to
 
 9 the highest bidder; provided that if the management considers the
 
10 highest bid to be insufficient, the management shall have the
 
11 right to decline the sale to the highest bidder and may reoffer
 
12 the property at a subsequent public auction.  On the day and at
 
13 the place specified in the notice, all property for which no
 
14 satisfactory proof of ownership is made shall be sold by auction
 
15 by or under the direction of the management.
 
16      (b)  If any property which is of a perishable nature or
 
17 which is unreasonably expensive to keep or safeguard remains
 
18 unclaimed at the complex, the management may sell that property
 
19 at public auction, at a time and after notice that is reasonable
 
20 under the circumstances.  If the management determines that any
 
21 property delivered to the management pursuant to this section has
 
22 no apparent commercial value, the management at any time
 
23 thereafter may destroy or otherwise dispose of the property.
 

 
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 1      (c)  The management shall deposit into the Kapolei
 
 2 recreational sports complex special fund all moneys received from
 
 3 the sale, destruction, or disposition of any property.  No action
 
 4 or proceeding shall be brought or maintained against the State or
 
 5 any officer thereof on account of that sale, destruction, or
 
 6 disposition.  The purchaser of property at any sale conducted by
 
 7 the management pursuant to this section shall receive good title
 
 8 to the property purchased and shall take possession of the
 
 9 property free from any and all claims of the owner, prior owners,
 
10 and any person claiming title.
 
11      (d)  For purposes of this section, notice by regular mail to
 
12 the last known address of the person who delivered the money or
 
13 property to the complex lost and found shall be deemed
 
14 sufficient."
 
15      SECTION 2.  Chapter 109, Hawaii Revised Statutes, is amended
 
16 by amending the title to read as follows:
 
17              "STADIUMS AND RECREATIONAL FACILITIES"
 
18      SECTION 3.  Section 109-1, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  There shall be within the department of accounting and
 
21 general services for administrative purposes only, a stadium
 
22 authority whose responsibility shall be to maintain, operate, and
 
23 manage the stadium and facilities attached thereto[.] and to
 

 
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 1 provide for the maintenance, operation, management, and promotion
 
 2 of the Kapolei recreational sports complex.  The authority shall
 
 3 consist of nine members who shall be appointed by the governor in
 
 4 the manner prescribed by section 26-34.  Each member of the
 
 5 authority shall have been a citizen of the United States and a
 
 6 resident of the State for at least five years next preceding the
 
 7 member's appointment.  The president of the University of Hawaii
 
 8 and the superintendent of education shall be ex officio members
 
 9 of the authority but shall not vote."
 
10      SECTION 4.  Section 109-2, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "109-2 Stadium authority; powers and duties.  The powers
 
13 and duties of the stadium authority shall be as follows:
 
14      (1)  To maintain, operate, and manage the stadium [and],
 
15           related facilities[;], and to provide for the
 
16           maintenance, operation, management, and promotion of
 
17           the Kapolei recreational sports complex;
 
18      (2)  To prescribe and collect rents, fees, and charges for
 
19           the use or enjoyment of the stadium or any of its
 
20           facilities;
 
21      (3)  To make and execute contracts and other instruments
 
22           necessary or convenient to exercise its powers under
 
23           this chapter and subject to any limitations in this
 

 
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 1           chapter, to exercise all powers necessary, incidental,
 
 2           or convenient to carry out and effectuate the purposes
 
 3           and provisions of this chapter[;], including entering
 
 4           into contracts under chapter 102 or 103D for the
 
 5           professional management of the Kapolei recreational
 
 6           sports complex, to include but not be limited to the
 
 7           operation, maintenance, and promotion of the complex in
 
 8           a manner that is beneficial to both the State and the
 
 9           contractor.  These contracts may contain revenue
 
10           sharing incentives based on increased usage of the
 
11           complex;
 
12      (4)  To adopt, amend, and repeal in accordance with chapter
 
13           91 rules it may deem necessary to effectuate this
 
14           chapter and in connection with its projects,
 
15           operations, and facilities;
 
16      (5)  To appoint a manager and a deputy manager who shall
 
17           have such qualifications as the authority deems
 
18           necessary and who shall hold their respective offices
 
19           at the pleasure of the authority.  The manager and
 
20           deputy manager shall be exempt from the requirements of
 
21           chapters 76, 77, and 89.  [Effective January 1, 1989,
 
22           and January 1, 1990, the salary of the manager shall be
 
23           set by the governor within the range from $69,748 to
 

 
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 1           $74,608 and $72,886 to $77,966 a year, respectively.]
 
 2           Effective January 1, 1989, and January 1, 1990, the
 
 3           salary of the deputy manager shall be $62,854 and
 
 4           $65,683 a year, respectively.  The manager shall have
 
 5           full power to administer the affairs of the stadium
 
 6           [and], related facilities, and provide for a
 
 7           professional management contract for the Kapolei
 
 8           recreational sports complex, subject to the direction
 
 9           and approval of the authority.  The manager shall,
 
10           subject to the approval of the authority, have power to
 
11           appoint, suspend, and discharge a secretary who shall
 
12           be exempt from the requirements of chapters 76, 77, and
 
13           89, and such other employees, subordinates, and
 
14           assistants as may be necessary for the proper conduct
 
15           of the business of the authority.  Except for persons
 
16           hired on contract or otherwise as provided in section
 
17           109-3 and except for the manager, deputy manager, and
 
18           secretary, all appointments, suspensions, or discharges
 
19           shall be made in conformity with the applicable
 
20           provisions of chapters 76 and 77; and
 
21      (6)  To plan, promote, and market the stadium [and], its
 
22           related facilities[.], and the Kapolei recreational
 
23           sports complex."
 

 
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 1      SECTION 5.  Section 109-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "109-3 Stadium special fund.  There is created a special
 
 4 fund to be known as the stadium special fund into which funds
 
 5 collected by the authority shall be deposited[.]; provided that
 
 6 all funds received pursuant to this section shall be kept
 
 7 completely separate from the Kapolei recreational sports complex
 
 8 special fund.  The fund shall be applied, used, and disposed of
 
 9 for the payment of:
 
10      (1)  The expenses of the operation, maintenance, promotion,
 
11           and management of; and
 
12      (2)  All or a portion of the cost of financing any capital
 
13           improvement project for;
 
14 the stadium and related facilities; provided that all services
 
15 required for the stadium and related facilities shall be
 
16 performed by persons hired on contract or otherwise, without
 
17 regard for chapters 76 and 77; provided further that the
 
18 authority shall report to the legislature all receipts and
 
19 expenditures of the stadium special fund account twenty days
 
20 prior to the convening of each regular session."
 
21      SECTION 6.  Section 109-5, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]109-5[]]  Security personnel, powers.  The person
 

 
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 1 employed as the chief security officer by the authority shall
 
 2 have all of the powers of police officers, including the power of
 
 3 arrest; provided that such powers shall remain in force and in
 
 4 effect only while the person is in the actual performance of the
 
 5 person's duties at the stadium[.] or the Kapolei recreational
 
 6 sports complex." 
 
 7      SECTION 7.  Section 109-7, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (b) and (c) to read as follows:
 
 9      "(b)  Any person violating any rule of the stadium authority
 
10 regulating conduct on the stadium or Kapolei recreational sports
 
11 complex premises shall be guilty of a petty misdemeanor
 
12 punishable by a fine not exceeding $1,000, or imprisonment not
 
13 exceeding thirty days, or both.
 
14      (c)  Any person violating any rule of the stadium authority
 
15 regulating parking or traffic on the stadium or Kapolei
 
16 recreational sports complex premises shall have committed a
 
17 traffic infraction as set forth in chapter 291D, the adjudication
 
18 of which shall be subject to the provisions contained therein."
 
19      SECTION 8.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 9.  This Act shall take effect upon its approval.