Report Title:

Aloha Stadium; Transfer to UH

Description:

Transfers Aloha Stadium from the State to the University of Hawaii.

THE SENATE

S.B. NO.

2349

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRANSFER OF ALOHA STADIUM TO THE UNIVERSITY OF hAWAII.

 

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

SECTION 1. Chapter 40, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"40- 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 shall be deposited funds appropriated by the legislature and funds received pursuant to any contract, and funds collected by the State from the operations of the Kapolei recreational sports complex. 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 chapter 76; provided further that the comptroller 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 2. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"304- Aloha Stadium. Beginning July 1, 2002, the board of regents shall maintain, operate, manage, and realize the proceeds from the Aloha Stadium complex and attached facilities, located at 99-500 Salt Lake Boulevard, Honolulu."

SECTION 3. Chapter 109, Hawaii Revised Statutes, is repealed.

SECTION 4. The balance of the stadium special fund under section 109-3, Hawaii Revised Statutes, as of the effective date of this Act, shall be transferred to the University of Hawaii, along with obligations and liabilities of Aloha Stadium, which shall be deemed the obligations and liabilities of the University of Hawaii upon the effective date of this Act.

SECTION 5. 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 6. 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, the University of Hawaii, or the governor.

SECTION 7. 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 8. 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 9. 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, 2003, 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 2003 regular session.

SECTION 10. This Act, upon its approval, shall take effect on July 1, 2003; provided that section 9 of this Act shall take effect on July 1, 2002.

INTRODUCED BY:

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