Report Title:

Equestrian Training Facility

 

Description:

Amends the stadiums and recreational facilities law to provide for the maintenance, operation, management, and promotion of an equestrian training facility. Establishes an equestrian training facility special fund.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2730

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to an Equestrian Training Facility.

 

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

SECTION 1. Chapter 109, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"109-    Equestrian training facility special fund. There is created a special fund to be known as the equestrian training facility special fund into which funds appropriated by the legislature, received pursuant to a management contract under section 109-2(3), or collected by the authority from the operations of the equestrian training facility shall be deposited subject to contracts entered into pursuant to section 109-2(3); provided that all funds received pursuant to this section shall be kept completely separate from the stadium special fund and the Kapolei recreational sports complex special fund. Moneys may not be transferred between the equestrian training facility special fund, the Kapolei recreational sports complex special fund, and the stadium special fund. The equestrian training facility special fund shall be applied, used, and disposed of for the payment of:

(1) The expenses of the operation, maintenance, promotion, and management of; and

(2) All or a portion of the cost of financing any capital improvement project for;

an equestrian training facility; provided that all services required for the equestrian training facility shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report annually to the legislature all receipts and expenditures of the equestrian training facility special fund account no later than twenty days prior to the convening of each regular session."

SECTION 2. Section 109-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There shall be within the department of accounting and general services for administrative purposes only, a stadium authority whose responsibility shall be to [maintain,]:

(1) Maintain, operate, and manage the stadium and facilities attached thereto [and to provide];

(2) Provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex[.]; and

(3) Provide for the maintenance, operation, management, and promotion of an equestrian training facility.

The authority shall consist of nine members who shall be appointed by the governor in the manner prescribed by section 26-34. Each member of the authority shall have been a citizen of the United States and a resident of the State for at least five years next preceding the member's appointment. The president of the University of Hawaii and the superintendent of education shall be ex officio members of the authority but shall not vote."

SECTION 3. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:

"109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows:

(1) To maintain, operate, and manage the stadium and related facilities, and to provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex[;] and an equestrian training facility;

(2) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium or any of its facilities;

(3) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter, including entering into contracts under chapter 102 or 103D for the management of the Kapolei recreational sports complex[,] and an equestrian training facility, to include but not be limited to the operation, maintenance, and promotion of the complex and facility in a manner that is beneficial to both the State and the contractor. These contracts may contain revenue sharing incentives based on increased usage of the complex[;] and facility;

(4) To adopt, amend, and repeal in accordance with chapter 91 rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;

(5) To appoint a manager and a deputy manager who shall have such qualifications as the authority deems necessary and who shall hold their respective offices at the pleasure of the authority. The manager and deputy manager shall be exempt from the requirements of chapters 76, 77, and 89. Effective January 1, 1989, and January 1, 1990, the salary of the manager shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively. Effective January 1, 1989, and January 1, 1990, the salary of the deputy manager shall be $62,854 and $65,683 a year, respectively. The manager shall have full power to administer the affairs of the stadium and related facilities, and to provide for a management contract for the Kapolei recreational sports complex[,] and an equestrian training facility, subject to the direction and approval of the authority. The manager [shall], subject to the approval of the authority, shall have power to appoint, suspend, and discharge a secretary who shall be exempt from the requirements of chapters 76, 77, and 89, and such other employees, subordinates, and assistants as may be necessary for the proper conduct of the business of the authority. Except for persons hired on contract or otherwise as provided in section 109-3 and except for the manager, deputy manager, and secretary, all appointments, suspensions, or discharges shall be made in conformity with the applicable provisions of chapters 76 and 77; and

(6) To plan, promote, and market the stadium, its related facilities, [and] the Kapolei recreational sports complex[.], and an equestrian training facility."

SECTION 4. Section 109-3, Hawaii Revised Statutes, is amended to read as follows:

"109-3 Stadium special fund. There is created a special fund to be known as the stadium special fund into which funds collected by the authority shall be deposited; provided that all funds received pursuant to this section shall be kept completely separate from the Kapolei recreational sports complex special fund[.] and the equestrian training facility special fund. Moneys may not be transferred between the stadium special fund [and], the Kapolei recreational sports complex special fund[.], and the equestrian training facility special fund. The stadium special fund shall be applied, used, and disposed of for the payment of:

(1) The expenses of the operation, maintenance, promotion, and management of; and

(2) All or a portion of the cost of financing any capital improvement project for;

the stadium and related facilities; provided that all services required for the stadium and related facilities shall be performed by persons hired on contract or otherwise, without regard for [chapters] chapter 76 [and 77]; provided further that the authority shall report to the legislature all receipts and expenditures of the stadium special fund account twenty days prior to the convening of each regular session."

SECTION 5. Section 109-5, Hawaii Revised Statutes, is amended to read as follows:

"109-5 Security personnel, powers. The person employed as the chief security officer by the authority shall have all of the powers of police officers, including the power of arrest; provided that such powers shall remain in force and in effect only while the person is in the actual performance of the person's duties at the stadium [or], the Kapolei recreational sports complex[.], or the equestrian training facility."

SECTION 6. Section 109-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Any person violating any rule of the stadium authority regulating conduct on the stadium [or], Kapolei recreational sports complex, or equestrian training facility premises shall be guilty of a petty misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not exceeding thirty days, or both.

(c) Any person violating any rule of the stadium authority regulating parking or traffic on the stadium [or], Kapolei recreational sports complex, or equestrian training facility premises shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein."

SECTION 7. Section 109-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]109-9[]] Kapolei recreational sports complex special fund. There is created a special fund to be known as the Kapolei recreational sports complex special fund into which funds appropriated by the legislature, received pursuant to a management contract under section 109-2(3), or collected by the authority from the operations of the Kapolei recreational sports complex shall be deposited subject to contracts entered into pursuant to section 109-2(3); provided that all funds received pursuant to this section shall be kept completely separate from the stadium special fund[.] and the equestrian training facility special fund. Moneys may not be transferred between the Kapolei recreational sports complex special fund [and], the stadium special fund[.], and the equestrian training facility special fund. The Kapolei [[]recreational[]] sports complex special fund shall be applied, used, and disposed of for the payment of:

(1) The expenses of the operation, maintenance, promotion, and management of; and

(2) All or a portion of the cost of financing any capital improvement project for;

the Kapolei recreational sports complex; provided that all services required for the Kapolei recreational sports complex shall be performed by persons hired on contract or otherwise, without regard for chapters 76 and 77; provided further that the authority shall report annually to the legislature all receipts and expenditures of the Kapolei recreational [[]sports[]] complex special fund account no later than twenty days prior to the convening of each regular session."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2002.

INTRODUCED BY:

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