Report Title:

Hawaii Sports Hall of Fame

Description:

Statutorily creates the Hawaii sports hall of fame to be headed by a board of directors. Creates Hawaii sports hall of fame special fund.

HOUSE OF REPRESENTATIVES

H.B. NO.

662

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the HAWAII SPORTS HALL OF FAME.

 

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

SECTION 1. The legislature finds that sports have long been an integral part of the lives of the citizens of the State of Hawaii, and its history is replete with outstanding achievements in sports by people from all walks of life. Sports, with the attendant emphasis on fair play, goal of excellence, and reflection of the human drama, provides a worthy source of inspiration and reflection for all. A repository of the history of outstanding local sports figures will preserve their contributions and serve as a focal point for Hawaii's sports industry. The establishment of a Hawaii sports hall of fame will ensure the commemoration of the past and the inspiration for the future.

The legislature further finds that governor Benjamin Cayetano issued executive order no. 97-03 on June 9, 1997, which authorized the establishment of a commission of local business and community leaders, to serve without compensation, to plan the establishment of a permanent Hawaii sports hall of fame, to be housed in the Aloha Stadium and funded through private contributions, to commemorate Hawaii's sports legends who have made significant contributions to the State of Hawaii in the field of sports. Executive order no. 97-03 also created a trust account as a separate account of the stadium special fund into which contributions to the Hawaii sports hall of fame is to be deposited.

However, the commission was originally scheduled to remain in existence for only two years -- ending in June, 1999. Under the terms of its creation as a temporary commission, its continued existence must be extended by concurrent resolution of the legislature, as required under section 26-41, Hawaii Revised Statutes. Since then, Senate Concurrent Resolution No. 85, 1999, and House Concurrent Resolution No. 111, 1999, both failed to be adopted to extend the commission's term. The legislature finds that there is a need to statutorily establish the Hawaii sports hall of fame to be overseen by a board of directors who shall be responsible for the sports hall of fame's ongoing activities and to oversee the sports hall of fame trust account.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII SPORTS HALL OF FAME

§   -1 Hawaii sports hall of fame; established; board. (a) There is established the Hawaii sports hall of fame as a public body and instrumentality of the State and a body corporate and politic with perpetual existence, headed by a board of directors, and placed within the department of accounting and general services for administrative purposes. The Hawaii sports hall of fame shall carry out activities to commemorate Hawaii's sports legends and personages in an appropriate manner befitting their athletic achievements in life and perform all acts necessary or convenient to carry out the purposes of this chapter.

(b) The Hawaii sports hall of fame shall be headed by a board of directors consisting of five members who shall be appointed by the governor in accordance with section 26-34. No director shall serve for more than two consecutive four-year terms. The board shall appoint from its members a chairperson, treasurer, and any other officers that the board may deem necessary or desirable to carry out its functions.

(c) Three members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the Hawaii sports hall of fame.

(d) Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

§   -2 Meetings; notice; open to public. (a) The board shall hold regular meetings at least once every two months and shall keep records and minutes for all regular and special meetings pursuant to chapter 92.

(b) Either the chairperson or any three members may convene a special meeting by notifying the entire membership of the board in writing of the time and place of the special meeting. The chairperson or the three members shall give the written notice at least seven calendar days or at least ten calendar days, respectively, prior to the date of the special meeting. A special meeting may be convened with the concurrence of the entire membership of the board.

(c) All board meetings shall be open to the public pursuant to chapter 92. However, when it is necessary for the board to receive information that is proprietary or confidential, the board may enter into closed executive session.

§   -3 Powers and duties. The Hawaii sports hall of fame, through its board of directors, shall:

(1) Maintain, operate, and manage the physical locus of the Hawaii sports hall of fame and related facilities;

(2) Determine the feasibility of imposing any charges or fees for the use or enjoyment of its facilities, including entrance fees;

(3) 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;

(4) 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) Appoint a manager and set the manager's annual salary. The manager shall have such qualifications as the board deems necessary and shall hold office at the pleasure of the board. The manager shall be exempt from the requirements of chapters 76 and 89;

(6) The manager shall have full power to administer the affairs of the Hawaii sports hall of fame and related facilities. The manager, subject to the approval of the board, shall have power to appoint, suspend, and discharge a secretary who shall be exempt from the requirements of chapters 76 and 89, and such other employees, subordinates, and assistants as may be necessary for the proper conduct of the business of the board. Except for persons hired on contract, and for the manager and the secretary, all appointments, suspensions, or discharges shall be made in conformance with the applicable provisions of chapter 76;

(7) Plan, promote, and market the Hawaii sports hall of fame and its related facilities; and

(8) Report annually to the legislature and to the governor, twenty days prior to the convening of each regular legislative session, details of the activities and accomplishments of the board, board expenditures, and balances in the Hawaii sports hall of fame special fund.

§   -4 Hawaii sports hall of fame special fund. There is created a special fund to be known as the Hawaii sports hall of fame special fund into which funds collected by the board shall be deposited. The special fund shall receive deposits from appropriations, contributions, and any charges or fees that may be imposed by the board. The 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 Hawaii sports hall of fame and related facilities; provided that all services required for the Hawaii sports hall of fame and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the board shall report to the legislature all receipts and expenditures of the Hawaii sports hall of fame special fund twenty days prior to the convening of each regular session."

SECTION 3. Any moneys deposited into a trust account as a separate account of the stadium special fund under section 109-3, Hawaii Revised Statutes, that may have been previously overseen by the commission to establish a Hawaii sports hall of fame, created by executive order no. 97-03 on June 9, 1997, shall be transferred, along with any interest thereon, to the Hawaii sports hall of fame special fund, created by section     -4, Hawaii Revised Statutes.

SECTION 4. The governor shall appoint the members of the board of directors of the Hawaii sports hall of fame not later than August 31, 2003.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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