Report Title:

Stadiums; UH

Description:

Repeals the stadium authority and transfers jurisdiction over stadiums and related facilities and the Kapolei recreational sports complex to the University of Hawaii.

HOUSE OF REPRESENTATIVES

H.B. NO.

323

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SPORTS FACILITIES.

 

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

SECTION 1. Chapter 304, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . ALOHA STADIUM AND THE KAPOLEI

RECREATIONAL SPORTS COMPLEX

§304- Aloha Stadium; Kapolei recreational sports complex; powers and duties. (a) The University of Hawaii shall maintain, operate, and manage the Aloha Stadium and related facilities and provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex.

(b) In carrying out its duties under subsection (a), the University of Hawaii is authorized to prescribe and collect rents, fees, and charges for the use or enjoyment of the Aloha Stadium and its related facilities and the Kapolei recreational sports complex. The University of Hawaii also is authorized to make and execute contracts and other instruments necessary or convenient to exercise its powers under this part and to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes of this part.

§304- Management and staff. (a) The University of Hawaii may appoint a manager and a deputy manager who shall have such qualifications as the board of regents deems necessary and who shall hold their respective offices at the pleasure of the board of regents. The manager and deputy manager shall be exempt from the requirements of chapter 76. The salaries of the manager and deputy manager shall be set by the board of regents.

(b) The manager shall have full power to administer the affairs of the Aloha Stadium and related facilities and the Kapolei recreational sports complex. The manager, subject to the approval of the board of regents, shall have power to appoint, suspend, and discharge a secretary and other employees, subordinates, and assistants as may be necessary to manage and operate the stadium and related facilities.

(c) The person employed by the manager as the chief security officer shall have all of the powers of law enforcement officers, including the power of arrest.

§304- Aloha Stadium; revenues. All funds received for the use of the Aloha Stadium and related facilities and the Kapolei recreational sports complex shall be deposited into the revolving funds created under section 304-8.7."

SECTION 2. Chapter 109, Hawaii Revised Statutes, is repealed.

SECTION 3. All rights, powers, functions, and duties of the stadium authority are transferred to the University of Hawaii.

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.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

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 or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services relating to the functions transferred to the University of Hawaii shall be transferred with the functions to which they relate.

SECTION 5. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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