Recreational Facilities

Expands responsibilities of the Stadium Authority to include the
Kapolei Recreational Sports Complex.

THE SENATE                              S.B. NO.           1420
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 109, Hawaii Revised Statutes, is amended
 2 by adding two new sections to be appropriately designated and to
 3 read as follows:
 4      "109-     Kapolei recreational sports complex special fund.
 5 There is created a special fund to be known as the Kapolei
 6 recreational sports complex special fund into which funds
 7 appropriated by the legislature, received pursuant to a
 8 professional management contract under section 109-2(3), or
 9 collected by the authority from the operations of the Kapolei
10 recreational sports complex shall be deposited subject to
11 contracts entered into pursuant to section 109-2(3).  The fund
12 shall be applied, used, and disposed of for the payment of:
13      (1)  The expenses of the operation, maintenance, promotion,
14           and management of; and
15      (2)  All or a portion of the cost of financing any capital
16           improvement project for;
17 the Kapolei recreational sports complex; provided that all
18 services required for the Kapolei recreational sports complex
19 shall be performed by persons hired on contract or otherwise,

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 1 without regard for chapters 76 and 77; provided further that the
 2 authority shall report to the legislature all receipts and
 3 expenditures of the Kapolei recreational complex special fund
 4 account twenty days prior to the convening of each regular
 5 session.
 6      109-     Lost and found money or property at the Kapolei
 7 recreational sports complex.  (a)  All money or property found at
 8 the Kapolei recreational sports complex shall be reported or
 9 delivered by the finder to the complex lost and found, and when
10 so delivered shall be held by the Kapolei recreational sports
11 complex management for forty-five days or until claimed by some
12 person who establishes title or right of custody thereto to the
13 satisfaction of the management, whichever is shorter.  In the
14 event of establishment of title or right of custody, the money or
15 property shall be delivered to the claimant by the management or
16 the management's agent.  If after forty-five days no claimant
17 establishes a right to the money or property, the money or
18 property may be claimed by the person who delivered it to the
19 complex lost and found; provided that if the person who delivered
20 it to the complex lost and found fails to claim the money or
21 property within thirty days after being notified by the
22 management, the management shall deposit the money into the state
23 treasury to the credit of the Kapolei recreational sports complex

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 1 special fund or shall dispose of the property by public auction.
 2      The management shall give public notice, giving details as
 3 to time and place of the auction and giving notice to all persons
 4 interested in claiming the property that unless claims are made
 5 by persons who can provide satisfactory proof of ownership before
 6 a specified date, the property will be sold at public auction to
 7 the highest bidder; provided that if the management considers the
 8 highest bid to be insufficient, the management shall have the
 9 right to decline the sale to the highest bidder and may reoffer
10 the property at a subsequent public auction.  On the day and at
11 the place specified in the notice, all property for which no
12 satisfactory proof of ownership is made shall be sold by auction
13 by or under the direction of the management.
14      (b)  If any property which is of a perishable nature or
15 which is unreasonably expensive to keep or safeguard remains
16 unclaimed at the complex, the management may sell that property
17 at public auction, at a time and after notice that is reasonable
18 under the circumstances.  If the management determines that any
19 property delivered to the management pursuant to this section has
20 no apparent commercial value, the management at any time
21 thereafter may destroy or otherwise dispose of the property.
22      (c)  The management shall deposit into the Kapolei
23 recreational sports complex special fund all moneys received from

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 1 the sale, destruction, or disposition of any property.  No action
 2 or proceeding shall be brought or maintained against the State or
 3 any officer thereof on account of that sale, destruction, or
 4 disposition.  The purchaser of property at any sale conducted by
 5 the management pursuant to this section shall receive good title
 6 to the property purchased and shall take possession of the
 7 property free from any and all claims of the owner, prior owners,
 8 and any person claiming title.
 9      (d)  For purposes of this section, notice by regular mail to
10 the last known address of the person who delivered the money or
11 property to the complex lost and found shall be deemed
12 sufficient."
13      SECTION 2.  Chapter 109, Hawaii Revised Statutes, is amended
14 by amending the title to read as follows:
16      SECTION 3.  Section 109-1, Hawaii Revised Statutes, is
17 amended by amending subsection (a) to read as follows:
18      "(a)  There shall be within the department of accounting and
19 general services for administrative purposes only, a stadium
20 authority whose responsibility shall be to maintain, operate, and
21 manage the stadium and facilities attached thereto[.] and to
22 provide for the maintenance, operation, management, and promotion
23 of the Kapolei recreational sports complex.  The authority shall

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 1 consist of nine members who shall be appointed by the governor in
 2 the manner prescribed by section 26-34.  Each member of the
 3 authority shall have been a citizen of the United States and a
 4 resident of the State for at least five years next preceding the
 5 member's appointment.  The president of the University of Hawaii
 6 and the superintendent of education shall be ex officio members
 7 of the authority but shall not vote."
 8      SECTION 4.  Section 109-2, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "109-2 Stadium authority; powers and duties.  The powers
11 and duties of the stadium authority shall be as follows:
12      (1)  To maintain, operate, and manage the stadium [and],
13           related facilities[;], and to provide for the
14           maintenance, operation, management, and promotion of
15           the Kapolei recreational sports complex;
16      (2)  To prescribe and collect rents, fees, and charges for
17           the use or enjoyment of the stadium or any of its
18           facilities;
19      (3)  To make and execute contracts and other instruments
20           necessary or convenient to exercise its powers under
21           this chapter and subject to any limitations in this
22           chapter, to exercise all powers necessary, incidental,
23           or convenient to carry out and effectuate the purposes

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 1           and provisions of this chapter[;], including entering
 2           into contracts under chapter 102 or 103D for the
 3           professional management of the Kapolei recreational
 4           sports complex, to include but not be limited to the
 5           operation, maintenance, and promotion of the complex in
 6           a manner that is beneficial to both the State and the
 7           contractor.  These contracts may contain revenue
 8           sharing incentives based on increased usage of the
 9           complex;
10      (4)  To adopt, amend, and repeal in accordance with chapter
11           91 rules it may deem necessary to effectuate this
12           chapter and in connection with its projects,
13           operations, and facilities;
14      (5)  To appoint a manager and a deputy manager who shall
15           have such qualifications as the authority deems
16           necessary and who shall hold their respective offices
17           at the pleasure of the authority.  The manager and
18           deputy manager shall be exempt from the requirements of
19           chapters 76, 77, and 89.  [Effective January 1, 1989,
20           and January 1, 1990, the salary of the manager shall be
21           set by the governor within the range from $69,748 to
22           $74,608 and $72,886 to $77,966 a year, respectively.]
23           Effective January 1, 1989, and January 1, 1990, the

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 1           salary of the deputy manager shall be $62,854 and
 2           $65,683 a year, respectively.  The manager shall have
 3           full power to administer the affairs of the stadium
 4           [and], related facilities, and provide for a
 5           professional management contract for the Kapolei
 6           recreational sports complex, subject to the direction
 7           and approval of the authority.  The manager shall,
 8           subject to the approval of the authority, have power to
 9           appoint, suspend, and discharge a secretary who shall
10           be exempt from the requirements of chapters 76, 77, and
11           89, and such other employees, subordinates, and
12           assistants as may be necessary for the proper conduct
13           of the business of the authority.  Except for persons
14           hired on contract or otherwise as provided in section
15           109-3 and except for the manager, deputy manager, and
16           secretary, all appointments, suspensions, or discharges
17           shall be made in conformity with the applicable
18           provisions of chapters 76 and 77; and
19      (6)  To plan, promote, and market the stadium [and], its
20           related facilities[.], and the Kapolei recreational
21           sports complex."
22      SECTION 5.  Section 109-5, Hawaii Revised Statutes, is
23 amended to read as follows:

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                                     S.B. NO.           1420

 1      "[[]109-5[]]  Security personnel, powers.  The person
 2 employed as the chief security officer by the authority shall
 3 have all of the powers of police officers, including the power of
 4 arrest; provided that such powers shall remain in force and in
 5 effect only while the person is in the actual performance of the
 6 person's duties at the stadium[.] or the Kapolei recreational
 7 sports complex." 
 8      SECTION 6.  Section 109-7, Hawaii Revised Statutes, is
 9 amended by amending subsections (b) and (c) to read as follows:
10      "(b)  Any person violating any rule of the stadium authority
11 regulating conduct on the stadium or Kapolei recreational sports
12 complex premises shall be guilty of a petty misdemeanor
13 punishable by a fine not exceeding $1,000, or imprisonment not
14 exceeding thirty days, or both.
15      (c)  Any person violating any rule of the stadium authority
16 regulating parking or traffic on the stadium or Kapolei
17 recreational sports complex premises shall have committed a
18 traffic infraction as set forth in chapter 291D, the adjudication
19 of which shall be subject to the provisions contained therein."
20      SECTION 7.  Statutory material to be repealed is bracketed.
21 New statutory material is underscored.

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                                     S.B. NO.           1420

 1      SECTION 8.  This Act shall take effect upon its approval.
 4                           INTRODUCED BY:  _______________________