HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE SPORTS AND ENTERTAINMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii, with its unique geographic location, as a middle point between the Asia Pacific region and the mainland United States of America, and with its natural landscape and different climates and elevations, is a prime location for ocean sports, including surfing, sailing, and training. Hawaii is also a uniquely centralized venue for attracting concerts, international rugby, soccer, football, and other similar events. Furthermore, Hawaii's climate provides an ideal respite for mainland events and activities seeking alternatives to cold weather.
The legislature also finds that Hawaii has the potential to not only establish itself as a premier destination for entertainment and sporting events, it is also an ideal location for training facilities for youth, amateur, and professional athletes across many sports. In this regard, each venue and event must be properly evaluated to ensure that it is economically viable for the State and all participants.
The legislature also believes that Hawaii can build upon the success of past events, such as the Ironman Championship, the Honolulu Marathon, the NFL Pro Bowl, and the Sony Open, to develop the types of events that draw visitors and local residents and provide revenues to the State, as well as community enhancements through sponsorships and donations.
The legislature further finds that the State also needs to develop a comprehensive plan to ensure that it can sustain these successful events and not lose them to other destinations. These plans must include the construction or rehabilitation of first-class facilities throughout the State. In a 2014 National Association of Sports Commissions study, it was estimated that national sports industry visitor spending totaled $8,900,000,000 with approximately 25,600,000 sports industry visitors. According to the department of business, economic development, and tourism, Hawaii only logged 105,839 arrivals for a sporting event, out of 8,100,000 visitor arrivals to the State in 2014.
The purpose of this Act is to establish a sports and entertainment authority in the State to undertake and expand on the objectives and responsibilities of the stadium authority, established under chapter 109, Hawaii Revised Statutes. It is the legislature's intent that the sports and entertainment authority coordinate and develop a thriving entertainment and sports industry in the State, including maintaining oversight of the Aloha stadium and promoting and engaging Hawaii as an entertainment and sports training and event destination for local, national, and international events, as well as developing state-of-the-art facilities for the benefit of professional, amateur, and youth athletes. Through these efforts, the sports and entertainment authority shall also provide opportunities for residents and nonresidents to observe and participate in a variety of amateur and professional sporting and other entertainment events, provide for the development of local and non-local athletic talent, promote Hawaii as an attractive training and event destination, and encourage active lifestyles and improve the health of our keiki and adults.
Furthermore, to ensure that ongoing projects, institutional knowledge, and expertise of the stadium authority are not lost during the transition, current stadium authority members may be appointed to the new sports and entertainment authority.
This Act also:
(1) Establishes a special fund to receive fees and other moneys for administration, operation, maintenance, promotion, and management of the stadium and entertainment and sports development in the State;
(2) Transfers powers, duties, and funds from the stadium authority to the sports and entertainment authority; and
(3) Repeals the stadium authority, stadium special fund, and Kapolei recreational sports complex special fund.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
SPORTS AND ENTERTAINMENT AUTHORITY
§ -1 Definitions. As used in this chapter, unless the context clearly otherwise requires:
"Authority" means the sports and entertainment authority.
"Board" means the board of directors of the sports and entertainment authority established in section -2, and any successor thereto.
"Department" means the department of business, economic development, and tourism.
§ -2 Sports and entertainment authority; establishment; board; president and chief executive officer. (a) There is established the sports and entertainment authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department for administrative purposes only.
(b) The authority shall be headed by a policymaking board of directors that shall consist of eleven appointed members; provided that:
(1) The members shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;
(2) One member shall be appointed by the governor from a list of three names submitted by the president of the senate, and one member shall be appointed by the governor from a list of three names submitted by the speaker of the house of representatives; provided that if fewer than three names are submitted for each appointment, the governor may disregard the list; and
(3) The membership shall include at least one representative from the county of Hawaii, the county of Kauai, or the county of Maui; and the remaining members shall be appointed at-large; provided that the at-large membership shall include at least one representative from the tourism industry and one representative from the University of Hawaii at Manoa.
(c) The term of each member shall be four years; provided that, of the members initially appointed, four members shall serve for four years, four members shall serve for three years, and the remaining three members shall serve for two years; provided further that members initially appointed may include members of the stadium authority who held office on June 30, 2016.
Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments.
Notwithstanding any law to the contrary, members shall serve no more than two consecutive four-year terms; provided that the members who are initially appointed to terms of three years or less pursuant to this subsection may be reappointed to one ensuing consecutive four-year term. Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall be applicable as it relates to the number of terms and consecutive number of years a member may serve on the board.
(d) The members of the board shall elect a chairperson from among the members.
(e) Six members shall constitute a quorum and a minimum of six affirmative votes shall be necessary for all actions by the authority. The members shall serve without compensation, but shall be reimbursed for expenses, including traveling expenses, necessary for the performance of their duties.
(f) The board shall appoint one person to serve as president and chief executive officer, exempt from chapters 76 and 88, who shall oversee the authority staff. The board shall set the president and chief executive officer's salary, duties, responsibilities, holidays, vacations, leaves, hours of work, and working conditions. The board may grant other benefits as it deems necessary.
§ -3 Powers and duties. (a) Except as otherwise limited by this chapter, the authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Adopt and amend bylaws for its organization and internal management;
(4) Adopt, amend, and repeal rules in accordance with chapter 91 to effectuate the purposes of this chapter; provided that no later than January 1, 2017, the authority shall adopt interim rules, which shall be exempt from chapter 91, to effectuate the purposes of this chapter; provided further that the interim rules shall remain in effect until July 1, 2019, or until rules are adopted pursuant to chapter 91;
(5) Plan, promote, and market the stadium and its related facilities;
(6) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems as it seems necessary or desirable;
(7) Contract for or accept revenues, compensation, proceeds, and gifts or grants in any form from any public agency or any other source;
(8) Develop, coordinate, and implement state policies and directions for sports and entertainment-related activities, taking into account the economic, social, and physical impacts of tourism on the State, Hawaii's natural environment, and areas frequented by the sports industry and other related activities;
(9) Conduct market development-related research as necessary;
(10) Coordinate all agencies and advise the private sector in the development of entertainment and sports-related activities and resources;
(11) Market and promote entertainment and sports-related activities and events;
(12) Set and collect rents, fees, charges, or other payments for the lease, use, occupancy, or disposition of the Aloha stadium without regard to chapter 91;
(13) Notwithstanding chapter 171, acquire, lease as lessee or lessor, own, rent, hold, and dispose of the stadium in the exercise of its powers and the performance of its duties under this chapter;
(14) Acquire, by purchase, lease, or otherwise, and develop, construct, operate, own, manage, repair, reconstruct, enlarge, or otherwise effectuate, either directly or through developers, stadium and other sports venue and entertainment facilities; and
(15) Through the president and chief executive officer:
(A) Make and execute contracts and other instruments necessary or convenient to exercise the authority's powers under this chapter, including entering into contracts under chapter 102 or chapter 103D for the management of a state sports complex in a manner that is beneficial to the State. These contracts may contain revenue sharing incentives based on increased usage of the complex;
(B) Appoint and prescribe the duties and qualifications of a sports coordinator, stadium manager, and a deputy manager subject to the approval of the board; provided that there is no anticipated revenue shortfall in the sports and entertainment authority special fund and funds have been appropriated by the legislature and allotted as provided by law for these positions;
(C) Represent the authority in communications with governor and the legislature;
(D) Purchase supplies, equipment, and furniture;
(E) Allocate the space or spaces that are to be occupied by the authority and appropriate staff;
(F) Engage the services of qualified persons to implement the State's sports industry plan or portions thereof as determined by the board; and
(G) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice.
§ -4 Sports coordinator, stadium manager, and deputy manager; hiring of employees. (a) The sports coordinator, stadium manager, and deputy manager shall be exempt from the requirements of chapters 76 and 89. The sports coordinator and stadium manager shall each be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development. The deputy manager shall be paid a salary not to exceed eighty-five per cent of the stadium manager's salary.
(b) The sports coordinator and stadium manager may, subject to the approval of the board, appoint, suspend, and discharge a secretary who shall be exempt from the requirements of chapters 76 and 89, and other employees 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 this chapter and except for the sports coordinator, stadium manager, deputy manager, and secretary, all appointments, suspensions, or discharges shall be made in conformity with the applicable provisions of chapter 76.
§ -5 Exemption of the sports and entertainment authority from administrative supervision of boards and commissions. Notwithstanding any law to the contrary, the authority shall be exempt from section 26-35 with the exception of section 26-35(a) (3), (7), and (8) and section 26-35 (b).
§ -6 Sports and entertainment-related activities. (a) The authority may enter into contracts and agreements that include the following:
(1) Sports and entertainment promotion, marketing, and development;
(2) Sports market and entertainment development-related research;
(3) Product development and diversification issues focused on sports and entertainment;
(4) Promotion of Hawaii, through a coordinated statewide effort, as a place to host all types of sporting and entertainment events and other related activities;
(5) Reduction of barriers to travel, accommodations, and access to sports and entertainment facilities statewide;
(6) Sports and entertainment industry research and statistics to:
(A) Measure and analyze sports and entertainment industry trends;
(B) Provide information and research to assist in the development and implementation of the State's sports industry policy; and
(C) Provide sports and entertainment industry information on:
(i) Sports and entertainment industry visitor arrivals, characteristics, and expenditures;
(ii) The economic, social, and physical impacts of the sports and entertainment industry on the State; and
(iii) The effects of sports and entertainment marketing programs of the authority on the measures of effectiveness developed by the authority; and
(7) Any and all other activities necessary to carry out the intent of this chapter;
provided that the authority shall periodically submit a report of the contracts and agreements entered into by the authority to the governor, the speaker of the house of representatives, and the president of the senate.
(b) The authority shall be responsible for:
(1) Creating a vision and developing a long-range strategic plan for the sports and entertainment industries in Hawaii;
(2) Promoting, marketing, and developing the sports and entertainment industries in the State;
(3) Providing technical or other assistance to agencies and private industry upon request; and
(4) Reviewing annually the expenditures of public funds by any sports or entertainment industry organization that contracts with the authority to perform sports promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of the State's sports and entertainment industries.
(c) The authority may delegate to staff the responsibility for soliciting, awarding, and executing contracts and for monitoring and facilitating any and all functions developed in accordance with this section.
(d) Where public disclosure of information gathered or developed by the authority may place a business at a competitive disadvantage or may impair or frustrate the authority's ability to either have Hawaii compete as a sports or entertainment destination or obtain or use information for a legitimate government function, the authority may withhold from public disclosure competitively sensitive information.
§ -7 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 these 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 other state sports complex administered by the authority.
§ -8 Enforcement; penalty. (a) Any law enforcement officer who has police powers to arrest offenders and issue citations, including any police officer of the counties, shall have the authority to enforce any rule adopted pursuant to section -3(4).
(b) Any person violating any rule of the authority regulating conduct at the stadium or other state sports complex 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 authority regulating parking or traffic at the stadium or other state sports complex premises shall have committed a traffic infraction, the adjudication of which shall be subject to the provisions of chapter 291D.
§ -9 Lost and found money or property at the Aloha stadium. All money or property found at the Aloha stadium shall be reported or delivered by the finder to the stadium information room, and when so delivered shall be held by the stadium for forty-five days or until claimed by a person who establishes title or right of custody of the money or property to the satisfaction of the stadium manager, whichever is shorter. If title or right of custody is established, the money or property shall be delivered to the claimant by the stadium manager or the stadium manager's agent. If after forty-five days no claimant establishes a right to the money or property, the money or property may be claimed by the person who delivered it to the stadium information room; provided that if the person who delivered it to the stadium information room fails to claim the money or property within thirty days after being notified by the stadium manager, the stadium manager shall deposit the money into the state treasury to the credit of the sports and entertainment special fund or shall dispose of the property by public auction. The stadium manager shall give public notice, giving details as to time and place of the auction and giving notice to all persons interested in claiming the property that unless claims are made by persons who can provide satisfactory proof of ownership before a specified date, the property will be sold at public auction to the highest bidder; provided that if the stadium manager considers the highest bid to be insufficient, the stadium manager shall have the right to decline the sale to the highest bidder and may reoffer the property at a subsequent public auction. On the day and at the place specified in the notice, all property for which no satisfactory proof of ownership is made shall be sold by auction by or under the direction of the stadium manager.
If any property that is of a perishable nature or that is unreasonably expensive to keep or safeguard remains unclaimed at the stadium, the stadium manager may sell that property at public auction, at a time and after notice that is reasonable under the circumstances. If the stadium manager determines that any property delivered to the stadium manager pursuant to this section has no apparent commercial value, the stadium manager at any time thereafter may destroy or otherwise dispose of the property.
The stadium manager shall deposit into the sports and entertainment authority special fund all moneys received from the sale, destruction, or disposition of any property. No action or proceeding shall be brought or maintained against the State or any officer thereof on account of the sale, destruction, or disposition of the property. The purchaser of property at any sale conducted by the stadium manager pursuant to this section shall receive title to the property purchased and shall take possession of the property free from any and all claims of the owner, prior owners, and any person claiming title.
For purposes of this section, notice by regular mail to the last known address of the person who delivered the money or property to the stadium lost and found shall be deemed sufficient.
§ -10 Sports and entertainment authority special fund. (a) There is established the sports and entertainment authority special fund, into which shall be deposited:
(1) A portion of the revenues from the transient accommodations tax, as provided by section 237D-6.5;
(2) Appropriations by the legislature to the sports and entertainment authority special fund;
(3) Gifts, grants, and other funds accepted by the authority;
(4) All interest and revenues or receipts derived by the authority from any project or project agreements; and
(5) All funds received pursuant to a management contract under section -3 or collected by the authority from the operations of a state sports complex shall be deposited subject to contracts entered into pursuant to section -3.
(b) Moneys in the sports and entertainment authority special fund may be:
(1) Placed in interest-bearing accounts; provided that the depository in which the money is deposited furnishes security as provided in section 38-3; or
(2) Otherwise invested by the authority until such time as the money may be needed; provided that the authority shall limit investments to those listed in section 36-21.
All interest accruing from the investment of these moneys shall be credited to the sports and entertainment authority special fund.
(c) Moneys in the sports and entertainment authority special fund shall be used by the authority for the purposes of this chapter; provided that:
(1) Not more than five per cent of the amount shall be used for administrative expenses, including $15,000 for a protocol fund to be expended at the discretion of the president and chief executive officer; and
(2) Two-thirds of the amount shall be used:
(A) To finance all or a portion of the cost of any capital improvement project for the stadium, state sports complex, and related facilities; and
(B) To pay the expenses of the operation, maintenance, promotion, and management of the stadium, state sports complex, and related facilities;
provided that all services required for the stadium, state sports complex, and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report to the legislature all receipts and expenditures of the sports and entertainment special fund account twenty days prior to the convening of each regular session.
§ -11 Authority special account. The authority may set up a special account into which shall be deposited all receipts collected by the authority from the sale of admission tickets for events held at the stadium or any authority managed venue, including any money deposited with the authority by users to assure the payment of charges for the use of the stadium. Money in the account shall be kept in a depository as defined in section 38-1. Disbursements from the account shall be made in accordance with procedures adopted by the authority and approved by the director of finance.
§ -12 Authority; private attorneys. (a) The board may appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services for the board solely in cases of contract negotiations in which the attorney general lacks sufficient expertise; provided that the private attorneys shall consult and work in conjunction with the designated deputy attorney general assigned to the authority.
(b) The board may fix the compensation of private attorneys appointed or retained pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76, 78, and 88."
SECTION 3. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:
(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;
(2) By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;
(3) By the legislative reference bureau;
(4) By any compilation commission that may be constituted from time to time;
(5) By the real estate commission for any action involving the real estate recovery fund;
(6) By the contractors license board for any action involving the contractors recovery fund;
(7) By the office of Hawaiian affairs;
(8) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;
(9) As grand jury counsel;
(10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;
(11) By the auditor;
(12) By the office of ombudsman;
(13) By the insurance division;
(14) By the University of Hawaii;
(15) By the Kahoolawe island reserve commission;
(16) By the division of consumer advocacy;
(17) By the office of elections;
(18) By the campaign spending commission;
(19) By the Hawaii tourism authority, as provided in section 201B-2.5;
(20) By the division of financial institutions for any action involving the mortgage loan recovery fund;
(21) By the office of information practices; [
(22) By the sports and entertainment authority; or
(22)] (23) By a department, if the
attorney general, for reasons deemed by the attorney general to be good and
sufficient, declines to employ or retain an attorney for a department; provided
that the governor waives the provision of this section."
2. By amending subsection (c) to read:
"(c) Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation or its regional system boards, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the Hawaii tourism authority as provided in section 201B-2.5, the office of information practices, sports and entertainment authority, or as grand jury counsel, shall be a deputy attorney general."
SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Special funds established by section 206E-6;
(6) Aloha Tower fund created by section 206J-17;
(7) Funds of the employees' retirement system created by section 88-109;
(8) Hawaii hurricane relief fund established under chapter 431P;
(9) Convention center enterprise special fund established under section 201B-8;
(10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section 201B-11;
(12) Universal service fund established under section 269-42;
(13) Emergency and budget reserve fund under section 328L-3;
(14) Public schools special fees and charges fund under section 302A-1130;
(15) Sport fish special fund under section 187A-9.5;
(16)[ ]] Neurotrauma special fund under
(17)[ ]] Center for nursing special fund
under section 304A-2163;
(18)[ ]] Passenger facility charge
special fund established by section 261-5.5;
(19)[ ]] Court interpreting services
revolving fund under section 607-1.5;
(20)[ ]] Trauma system special fund under
(21)[ ]] Hawaii cancer research special
(22)[ ]] Community health centers special
(23)[ ]] Emergency medical services
(24)[ ]] Rental motor vehicle customer
facility charge special fund established under section 261-5.6;
(25)[ ]] Shared services technology
special fund under section 27-43;
(26)[ ]] Nursing facility sustainability
program special fund established pursuant to Act 156, Session Laws of Hawaii
(27)[ ]] Automated victim information and
notification system special fund established under section 353-136;
(28)[ ]] Hospital sustainability
program special fund under Act 217, Session Laws of Hawaii 2012, as amended; [ and]
(29)[ ]] Civil monetary penalty special
fund under section 321-30.2[ ,]; and
(30) Sports and entertainment authority special fund established under section -10,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 5. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Revenues collected under this chapter shall be distributed in the following priority, with the excess revenues to be deposited into the general fund:
(1) $1,500,000 shall be allocated to the Turtle Bay conservation easement special fund beginning July 1, 2015, for the reimbursement to the state general fund of debt service on reimbursable general obligation bonds, including ongoing expenses related to the issuance of the bonds, the proceeds of which were used to acquire the conservation easement and other real property interests in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural resources important to the State, until the bonds are fully amortized;
(2) $26,500,000 shall be allocated to the convention center enterprise special fund established under section 201B-8;
(3) $82,000,000 shall be allocated to the tourism special fund established under section 201B-11; provided that:
(A) Beginning on July 1, 2012, and ending on June 30, 2015, $2,000,000 shall be expended from the tourism special fund for development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii;
(B) Of the $82,000,000 allocated:
(i) $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance at the Hawaii convention center; and
(ii) 0.5 per cent of the $82,000,000 shall be transferred to a sub-account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan 2005-2015; and
(C) Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency special fund;
(4) $103,000,000 for fiscal year 2014-2015,
$103,000,000 for fiscal year 2015-2016, and $93,000,000 for each fiscal year
thereafter shall be allocated as follows: Kauai county shall receive 14.5 per
cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu
shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent;
provided that commencing with fiscal year 2018-2019, a sum that represents the
difference between a county public employer's annual required contribution for
the separate trust fund established under section 87A-42 and the amount of the
county public employer's contributions into that trust fund shall be retained
by the state director of finance and deposited to the credit of the county
public employer's annual required contribution into that trust fund in each
fiscal year, as provided in section 87A-42, if the respective county fails to
remit the total amount of the county's required annual contributions, as
required under section 87A-43; [
(5) $3,000,000 shall be allocated to the special land and development fund established under section 171-19; provided that the allocation shall be expended in accordance with the Hawaii tourism authority strategic plan for:
(A) The protection, preservation, maintenance, and enhancement of natural resources, including beaches, important to the visitor industry;
(B) Planning, construction, and repair of facilities; and
(C) Operation and maintenance costs of public
lands, including beaches, connected with enhancing the visitor experience[
(6) $ shall be allocated to the sports and entertainment authority special fund established under section -10 for:
(A) The administrative and operational cost of the sports and entertainment authority;
(B) The expenses of the operation, maintenance, promotion, and management of the stadium and related facilities; and
(C) The payment of debt service on debt obligations, the proceeds of which were used to redevelop the stadium and other related facilities.
All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection.
As used in this subsection, "fiscal year" means the twelve-month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year."
SECTION 6. Chapter 109, Hawaii Revised Statutes, is repealed.
SECTION 7. All rights, powers, functions, and duties of the stadium authority are transferred to the sports and entertainment authority.
All employees who occupy civil service positions and whose functions are transferred to the sports and entertainment authority by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreement), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act, may continue to retain the employee’s exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The sports coordinator and stadium manager of the sports and entertainment authority may prescribe the duties and qualifications of such employees and fix their salaries in conformity to chapter 76, Hawaii Revised Statutes, with the exception of the deputy manager and secretary.
SECTION 8. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the stadium authority relating to the functions transferred to the sports and entertainment authority shall be transferred with the functions to which they relate.
SECTION 9. Any unexpended and unencumbered balance remaining in the stadium special fund, stadium special account, and Kapolei recreational sports complex special fund as of the effective date of this Act shall be deposited into the sports and entertainment authority special fund.
SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the purposes of this Act.
The sum appropriated shall be expended by the sports and entertainment authority for the purposes of this Act.
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 2050.
Sports and Entertainment Authority; Appropriation
Establishes the Sports and Entertainment Authority to coordinate and develop a thriving entertainment and sports industry in the State, including oversight of the stadium and attracting local, national and international events, as well as developing state-of-the-art facilities for the benefit of professional, amateur and youth athletes. Establishes the Sports and Entertainment Authority Special Fund and allocates a portion of transient accommodations tax revenues to the Special Fund. Repeals the Stadium Authority and transfers jurisdiction over stadiums and related facilities and the Kapolei Recreational Sports Complex to the sports and entertainment authority. Appropriates funds. (HB1847 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.