HOUSE OF REPRESENTATIVES

H.B. NO.

72

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE TRANSFER OF THE STADIUM AUTHORITY TO THE UNIVERSITY OF HAWAII.

 

 

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

 


     SECTION 1.  Section 109-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There shall be within the [department of accounting and general services] University of Hawaii for administrative purposes only, a stadium authority whose responsibility shall be to maintain, operate, and manage the stadium and facilities attached thereto and to provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex.  The authority shall consist of nine members who shall be appointed by the governor in the manner prescribed by section 26-34.  Each member of the authority shall have been a citizen of the United States and a resident of the State for at least five years next preceding the member's appointment.  The president of the University of Hawaii and the superintendent of education shall be ex officio members of the authority but shall not vote."

     SECTION 2.  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 the 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 the 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 3.  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 University of Hawaii shall be transferred with the functions to which they relate.

     SECTION 4.  It is not the intent of this Act to jeopardize the receipt of any federal aid nor to impair the obligation of the estate 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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Aloha Stadium; Transfer to University of Hawaii

 

Description:

Transfers the stadium authority to the University of Hawaii.

 

 

 

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