Hawaii-2024-HB1361-Introduced

SECTION 1. Chapter 109, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§109- Definitions. As used in this chapter:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism."

SECTION 2. Section 40-84, Hawaii Revised Statutes, is amended to read as follows:

"§40-84 Petty cash funds; regulations. Whenever the head of any state department, board, bureau, commission, or other agency deems it necessary to have a petty cash fund for the proper transaction of the business of the agency, a written application therefor shall be made to the comptroller setting forth the details covering the purposes and uses of and for the fund. The comptroller, before issuing a state warrant for that purpose, shall determine whether or not the business of the agency warrants the establishment of such a fund, and if the comptroller is satisfied that such a fund is necessary, the comptroller shall issue a state warrant to such agency for an amount as the comptroller shall determine, not to exceed the sum of $100,000, except that this limitation of $100,000 shall not apply to the University of Hawaii and, [~~the stadium authority.~~] for purposes of stadium facilities and the stadium development district under chapter 109, the department of business, economic development, and tourism.

The comptroller may prescribe such rules as the comptroller may deem necessary for the proper administration and accountability of these funds."

SECTION 3. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

(3) The administrative director of the State;

(4) The president, the vice presidents, the assistant vice presidents, the chancellors, members of the board of regents, and the provosts of the University of Hawaii;

(5) The members of the board of education and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

(6) The administrative director and the deputy director of the courts;

(7) The administrator and the assistant administrator of the office of Hawaiian affairs; and

(8) The members of the following state boards, commissions, and agencies:

(A) The board of directors of the agribusiness development corporation established under section 163D-3;

(B) The board of agriculture established under section 26-16;

(D) The Hawaii community development authority established under section 206E-3;

(E) The Hawaiian homes commission established under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;

(F) The board of directors of the Hawaii housing finance and development corporation established under section 201H-3;

(G) The board of land and natural resources established under section 171-4;

(H) The state land use commission established under section 205-1;

(I) The legacy land conservation commission established under section 173A-2.4;

(J) The natural area reserves system commission established under section 195-6;

(K) The board of directors of the natural energy laboratory of Hawaii authority established under section 227D-2;

(L) The board of directors of the Hawaii public housing authority established under section 356D‑3;

(M) The public utilities commission established under section 269-2; and

(N) The commission on water resource management established under section 174C-7[~~; and~~

~~(O)~~ ~~The stadium authority established under section 109-1~~]."

SECTION 4. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:

"§109-2 [~~Stadium authority;~~] Department of business, economic development, and tourism; jurisdiction; powers and duties. The department shall have jurisdiction over stadium facilities and the stadium development district. The powers and duties of the [~~stadium authority~~] department as they relate to stadium facilities and the stadium development district shall be as follows:

(1) To repair, maintain, and operate stadium facilities and the stadium development district, including:

(A) Repairs, maintenance, operations, and demolition of existing stadium facilities;

(B) Operations and maintenance of a new stadium; and

(C) Contractual payments to developers, contractors, or management contractors engaged by the [~~stadium authority;~~] department through its director;

(2) To coordinate in planning, design, and construction activities, including on-site repairs, within the stadium development district;

(3) To acquire and hold title to real property;

(4) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium, facilities related to the stadium, and real property held by the [~~stadium authority,~~] department, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years;

(5) To make and execute contracts and other instruments necessary or convenient to exercise [~~its~~] the department's 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;

(6) To adopt, amend, and repeal, in accordance with chapter 91, rules [it] the department may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;

(7) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the stadium, the stadium development district, and [~~its~~] contractors; and

(8) To plan, promote, and market the stadium and related facilities."

SECTION 5. Section 109-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is created a special fund to be known as the stadium special fund into which funds collected by the [~~authority~~] department pursuant to section 109-3.5 shall be deposited. The stadium 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 stadium and related facilities; provided that all services required for the stadium and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the [~~authority~~] department shall report to the legislature all receipts and expenditures of the stadium special fund account twenty days prior to the convening of each regular session until the stadium special fund is closed pursuant to subsection (c).

(b) Notwithstanding subsection (a), all moneys collected by the [~~stadium authority~~] department after June 30, 2021, shall be deposited into the stadium development special fund pursuant to section 109-3.5."

SECTION 6. Section 109-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§109-3.5[]] Stadium development special fund; established. (a) There is established in the state treasury the stadium development special fund, into which funds collected by the [~~stadium authority~~] department for stadium facilities and the stadium development district shall be deposited, including:

(1) All revenues from the stadium development district, including but not limited to agreements or actions generating revenue related to stadium operations, lease or rental of facilities or land, concessions, food and beverage, parking, sponsorship and advertising, utilities and infrastructure, and development;

(2) All gifts or grants awarded in any form from any public agency or any other source for purposes of the stadium development district;

(3) All proceeds from revenue bonds issued for the purpose of the stadium development district; and

(4) Appropriations made by the legislature to the fund.

(b) Moneys in the stadium development special fund shall be used by the [~~stadium authority~~] department for the payment of expenses arising from any and all use, operation, repair, maintenance, alteration, improvement, development, or any unforeseen or unplanned repairs of the stadium development district, including without limitation:

(1) The development, operation, and maintenance of a new stadium;

(2) Food and beverage service and parking service provided at the stadium facility; the sale of souvenirs, logo items, or other items; any future major repair, maintenance, and improvement of the stadium facility as a commercial enterprise or as a world-class facility for athletic events, entertainment, or public events; and marketing the facility pursuant to section 109-2(4) and (8); and

(3) Contractual payments to developers or contractors engaged by the [~~stadium authority~~] department for the purpose of redeveloping the site and related on- and off-site infrastructure that benefits the stadium development district and its development guidance policies."

SECTION 7. Section 109-4, Hawaii Revised Statutes, is amended to read as follows:

"§109-4 Employee benefits. All full-time employees of the [~~authority~~] department for purposes of this chapter shall be entitled to any benefit program generally applicable to the officers and employees of the State."

SECTION 8. Section 109-5, Hawaii Revised Statutes, is amended to read as follows:

"§109-5 Security personnel, powers. The person employed as the chief security officer by the [~~authority~~] department shall have all of the powers of police officers, including the power of arrest; provided that the 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."

SECTION 9. Section 109-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§109-6[]] Stadium special account. The [~~stadium authority~~] department is authorized to set up a special account into which shall be deposited all receipts collected by the [~~authority~~] department from the sale of admission tickets for events held at the stadium, including any money deposited with the [~~authority~~] department 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~~] department and approved by the director of finance."

SECTION 10. Section 109-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Any person violating any rule of the [~~stadium authority~~] department regulating conduct on the stadium 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 [~~stadium authority~~] department regulating parking or traffic on the stadium premises shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein."

SECTION 11. Section 171-2, Hawaii Revised Statutes, is amended to read as follows:

"§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

(1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Lands set aside pursuant to law for the use of the United States;

(3) Lands being used for roads and streets;

(4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Lands to which the University of Hawaii holds title;

(6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(7) Lands to which the Hawaii community development authority in its corporate capacity holds title;

(8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;

(9) Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

(11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title;

(12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title;

(13) Lands to which the department of education holds title;

(14) Lands to which the [~~stadium authority~~] department of business, economic development, and tourism holds title[;] for purposes of administering chapter 109 and part IX of chapter 206E; and

(15) Lands to which the school facilities authority holds title;

provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department."

SECTION 12. Section 171-64.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This section applies to all lands or interest therein owned or under the control of state departments and agencies classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or any other manner, including accreted lands not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, including:

(1) Land set aside pursuant to law for the use of the United States;

(2) Land to which the United States relinquished the absolute fee and ownership under section 91 of the Organic Act before the admission of Hawaii as a state of the United States;

(3) Land to which the University of Hawaii holds title;

(4) Non-ceded land set aside by the governor to the Hawaii housing finance and development corporation or land to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(5) Land to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(6) Land that is set aside by the governor to the Aloha Tower development corporation or land to which the Aloha Tower development corporation holds title in its corporate capacity;

(7) Land that is set aside by the governor to the agribusiness development corporation or land to which the agribusiness development corporation in its corporate capacity holds title;

(8) Land to which the Hawaii technology development corporation in its corporate capacity holds title;

(9) Land to which the department of education holds title;

(10) Land to which the Hawaii public housing authority in its corporate capacity holds title;

(11) Land to which the [~~stadium authority~~] department of business, economic development, and tourism holds title[;] for purposes of administering chapter 109 and part IX of chapter 206E; and

(12) Land to which the school facilities authority holds title."

SECTION 13. Chapter 206E, part IX, Hawaii Revised Statutes, is amended to read as follows:

"[[]Part IX.[]] STADIUM DEVELOPMENT DISTRICT

§206E-221 Stadium development district; purpose; findings. The legislature finds that the aloha stadium and lands under the jurisdiction of the [~~stadium authority and~~] department of business, economic development, and tourism that were previously also under the jurisdiction of the stadium authority are underutilized. The stadium facility has been in dire need of significant repair and maintenance for many years. The stadium authority has considered repairing, upgrading, and replacing the existing facility to optimize the public's enjoyment and ensure public safety. Redeveloping, renovating, or improving these public lands in a manner that will provide suitable recreational, residential, educational, and commercial areas, where the public can live, congregate, recreate, attend schools, and shop, as part of a thoughtfully integrated experience, is in the best interests of the State and its people.

This part establishes the stadium development district to make optimal use of public land for the economic, residential, educational, and social benefit of the people of Hawaii.

The legislature finds that the jurisdiction of the [~~authority~~] department shall include development within the stadium development district. Any development within the district shall require a permit from the [~~authority.~~] department.

§206E-222 Definitions. As used in this part, unless the context otherwise requires:

[~~"Authority" or "stadium authority" means the stadium authority established pursuant to section 109-1.~~]

"Department" means the department of business, economic development, and tourism.

"District" means the stadium development district established by this part.

§206E-223 District; established; boundaries. (a) The stadium development district is established and shall be composed of all real property under the jurisdiction of the [~~stadium authority established pursuant to section 109-1.~~] department that was under the jurisdiction of the stadium authority prior to July 1, 2023. The [~~stadium authority~~] department shall have sole jurisdiction over the development of the stadium development district.

(b) The [~~authority~~] department shall facilitate the development of all property belonging to the State within the district; provided that development is carried out in accordance with any county transit-oriented development plans for lands surrounding the district. In addition to any other duties that the [~~authority~~] department may have pursuant to this chapter[,] and chapter 109, the [~~authority's~~] department's duties shall include:

(1) Coordinating with the federal government regarding the ownership and use of, or restrictions on, properties within the district that were previously owned or are currently owned by the federal government;

(2) Coordinating with other state entities during the conveyance of properties and conducting remediation activities for the property belonging to the State within the district;

(3) Developing the infrastructure necessary to support the development of all property belonging to the State within the district; and

(4) Providing, to the extent feasible, maximum opportunity for the reuse of property belonging to the State within the district by private enterprise or state and county government.

§206E-224 Development guidance policies. The following shall be the development guidance policies generally governing the [~~authority's~~] department's actions in the district:

(1) Development shall be in accordance with stadium development district development plans adopted by the [~~stadium authority~~] department for the development of the district; provided that the plan or plans shall consider any county development plan and allow for public input in the plan's preparation and updates;

(2) The [~~authority, upon the concurrence of a majority of its voting members,~~] department may modify and make changes to a transit-oriented development plan with respect to the district to respond to changing conditions; provided that before amending a transit-oriented development plan, the [~~authority~~] department shall conduct a public hearing to inform the public of the proposed changes and receive public input;

(3) The [~~authority~~] department shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that use the opportunities presented by the high-capacity transit corridor project consistent with the needs of the public, including mixed-use housing and housing in transit-oriented developments;

(4) The [~~authority~~] department may engage in planning, design, and construction activities within and outside the district; provided that activities outside the district shall relate to infrastructure development, area-wide drainage improvements, roadway realignments and improvements, business and industrial relocation, and other activities the [~~authority~~] department deems necessary to carry out development of the district and implement this part. The [~~authority~~] department may undertake studies or coordinate activities in conjunction with the county and appropriate state agencies and may address facility systems, industrial relocation, and other activities;

(5) Archaeological, historic, and cultural sites shall be preserved and protected in accordance with chapter 6E;

(6) Endangered species of flora and fauna shall be preserved to the extent required by law;

(7) Land use and development activities within the district shall be coordinated with and, to the extent possible, complement existing county and state policies, plans, and programs affecting the district; and

(8) Public facilities within the district shall be planned, located, and developed to support the development policies established by this chapter for the district and rules adopted pursuant to this chapter.

§206E-225 Stadium development district governance; memorandum of agreement. Notwithstanding sections 206E-3 and 206E-4.1, the [~~stadium authority established pursuant to section 109-1~~] department shall have sole jurisdiction regarding matters affecting the stadium development district; provided that the Hawaii community development authority[;] and department [~~of business, economic development, and tourism; and stadium authority~~] shall enter into a memorandum of agreement regarding the implementation of responsibilities of the respective agencies.

[[]§206E-226[]] Annual comprehensive report. Not less than twenty days prior to the convening of each regular session of the legislature, the [~~authority~~] department shall submit to the legislature an annual comprehensive status report on the progress of development within the stadium development district."

SECTION 14. Section 226-64, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The Hawaii interagency council for transit-oriented development shall be composed of the following members:

(1) Director of the office of planning and sustainable development, who shall serve as co-chair;

(2) Executive director of the Hawaii housing finance and development corporation, who shall serve as co-chair;

(3) Chief of staff, office of the governor;

(4) Chairperson of the board of land and natural resources;

(5) Director of transportation;

(6) Comptroller;

(7) Director of health;

(8) Director of human services;

(9) Director of law enforcement;

(10) Chairperson of the Hawaiian homes commission;

[~~(11)~~ ~~Chairperson of the stadium authority;~~

~~(12)~~] (11) President of the University of Hawaii;

[~~(13)~~] (12) Superintendent of education;

[~~(14)~~] (13) Executive director of the Hawaii community development authority;

[~~(15)~~] (14) Executive director of the Hawaii public housing authority;

[~~(16)~~] (15) One member of the house of representatives to be designated by the speaker of the house of representatives; provided that the speaker of the house of representatives may designate a second member of the house of representatives to serve as an alternate;

[~~(17)~~] (16) One member of the senate to be designated by the president of the senate; provided that the president of the senate may designate a second member of the senate to serve as an alternate;

[~~(18)~~] (17) The mayor of each county;

[~~(19)~~] (18) A representative of the Honolulu field office of the United States Department of Housing and Urban Development, who shall be requested to serve on a nonvoting[,] ex officio basis by the governor;

[~~(20)~~] (19) A representative of the business community, to be designated by the governor;

[~~(21)~~] (20) A representative of the community who is a housing advocate, to be designated by the governor; and

[~~(22)~~] (21) A representative of the community with experience in housing and real estate development, to be designated by the governor."

SECTION 15. Section 445-112, Hawaii Revised Statutes, is amended to read as follows:

"§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:

(1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;

(2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;

(3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;

(4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;

(5) The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold;

(6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered;

(7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices;

(8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;

(9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;

(10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;

(11) Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;

(12) Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection;

(13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;

(14) The continued display and maintenance of outdoor advertising devices actually displayed on July 8, 1965, in accordance with all laws and ordinances immediately theretofore in effect;

(15) The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965;

(16) Any outdoor advertising device, displayed with the authorization of the University of Hawaii, on any scoreboard of any stadium owned by the university. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium;

(17) Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university. For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition;

(18) Any outdoor advertising device, displayed with the authorization of the [~~stadium authority,~~] department of business, economic development, and tourism, on any scoreboard of any stadium operated by the [~~stadium authority.~~] department. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium; and

(19) Any outdoor advertising device, displayed with the authorization of the city and county of Honolulu, on the scoreboard of the Waipio peninsula soccer stadium. The outdoor advertising device shall be:

(A) Attached to the bottom of the scoreboard;

(B) No longer than the width of the scoreboard; and

The scoreboard shall be no larger than twenty-eight feet by ten feet. Any outdoor advertising device displayed pursuant to this paragraph shall be on the front of the scoreboard and face the interior of the stadium; provided that the outdoor advertising device shall not be visible from any thoroughfare."

SECTION 16. Section 109-1, Hawaii Revised Statutes, is repealed.

["~~§109-1 Stadium authority; appointment, terms.~~ (a) There shall be within the department of business, economic development, and tourism for administrative purposes only, a stadium authority whose responsibility shall be to maintain, operate, and manage the stadium development district. The authority shall consist of eleven members. Eight members shall be appointed by the governor in the manner prescribed by section 26-34.

~~Of the eight public members:~~

~~(1)~~ ~~One member shall be designated as the Aiea community representative and be a resident of one of the following areas:~~

~~(A)~~ ~~Excluding Ford Island, the area beginning at the intersection of the shoreline and Admiral Clarey (Ford Island) Bridge and running:~~

~~(i)~~ ~~Easterly along said bridge to Salt Lake boulevard;~~

~~(ii)~~ ~~Southeasterly along said boulevard to Luapele drive;~~

~~(iii)~~ ~~Westerly along said drive to Fleet place;~~

~~(iv)~~ ~~Westerly along said place to Ulithi street;~~

~~(v)~~ ~~Southwesterly along said street to Luapele road;~~

~~(vi)~~ ~~Westerly along said road to Ulihi road;~~

~~(vii)~~ ~~Westerly along said road to Makalapa drive;~~

~~(viii)~~ ~~Southwesterly along said drive to Halawa drive;~~

~~(ix)~~ ~~Northwesterly along said drive to Kamehameha highway;~~

~~(x)~~ ~~Northerly along said highway to Halawa stream;~~

~~(xi)~~ ~~Westerly along said stream to the shoreline; and~~

~~(xii)~~ ~~Northerly along said shoreline to its intersection with Admiral Clarey (Ford Island) Bridge;~~

~~(B)~~ ~~The area beginning at the intersection of Kaonohi street and H-1 freeway and running:~~

~~(i)~~ ~~Southeasterly along said freeway to the Moanalua freeway - Kamehameha highway connector;~~

~~(ii)~~ ~~Northwesterly along said highway connector to Kamehameha highway;~~

~~(iii)~~ ~~Northwesterly along said highway to Aiea stream;~~

~~(iv)~~ ~~Southerly along said stream to the shoreline;~~

~~(v)~~ ~~Northwesterly along said shoreline to Kalauao stream;~~

~~(vi)~~ ~~Northeasterly along said stream to Kamehameha highway;~~

~~(vii)~~ ~~Northwesterly along said highway to Kaonohi street; and~~

~~(viii)~~ ~~Northeasterly along said street to its intersection with H-1 freeway; or~~

~~(C)~~ ~~The area beginning at the intersection of Waimalu stream and Koolau ridge and running:~~

~~(i)~~ ~~Southeasterly along said ridge to Ewa-Honolulu district boundary;~~

~~(ii)~~ ~~Southwesterly along said boundary to Red Hill Naval Reservation boundary;~~

~~(iii)~~ ~~Southwesterly along said boundary to Tampa drive;~~

~~(iv)~~ ~~Westerly along said drive to the unnamed road;~~

~~(v)~~ ~~Northerly along said road to Icarus way;~~

~~(vi)~~ ~~Westerly along said way to the unnamed road;~~

~~(vii)~~ ~~Southwesterly along said road to Moanalua freeway (H-201);~~

~~(viii)~~ ~~Westerly along said freeway to H-1 freeway;~~

~~(ix)~~ ~~Northwesterly along said freeway to Kaonohi street;~~

~~(x)~~ ~~Southwesterly along said street to Moanalua road;~~

~~(xi)~~ ~~Westerly along said road to Kaahumanu street;~~

~~(xii)~~ ~~Northerly along said street to Komo Mai drive;~~

~~(xiii)~~ ~~Easterly along said drive to Punanani gulch;~~

~~(xiv)~~ ~~Northeasterly along said gulch to the powerline;~~

~~(xv)~~ ~~Southeasterly along said powerline to Waimalu stream;~~

~~(xvi)~~ ~~Northeasterly along said stream to Aiea stream;~~

~~(xvii)~~ ~~Easterly along said stream to Waimalu stream; and~~

~~(xviii)~~ ~~Southeasterly along said stream to its intersection with Koolau ridge; and~~

~~(2)~~ ~~One member shall be designated as the west Honolulu community representative and be a resident of the area beginning at the intersection of H-1 freeway and Moanalua freeway (H-201) and running:~~

~~(A)~~ ~~Southeasterly along said freeway to Aliamanu Military Reservation southern boundary;~~

~~(B)~~ ~~Westerly along said boundary to Wanaka street;~~

~~(C)~~ ~~Southwesterly along said street to Likini street;~~

~~(D)~~ ~~Northwesterly along said street to Ukana street;~~

~~(E)~~ ~~Southwesterly along said street to Keaka drive;~~

~~(F)~~ ~~Northwesterly along said drive to Manuwa drive;~~

~~(G)~~ ~~Southeasterly along said drive to Pakini street;~~

~~(H)~~ ~~Southwesterly along said street to Keaka drive;~~

~~(I)~~ ~~Southerly along said drive to Puolo drive;~~

~~(J)~~ ~~Westerly along said drive to Likini street;~~

~~(K)~~ ~~Southerly along said street to Maluna street;~~

~~(L)~~ ~~Westerly along said street to Salt Lake boulevard;~~

~~(M)~~ ~~Southeasterly along said boulevard to the former street entrance to U.S. Naval Reservation;~~

~~(N)~~ ~~Southwesterly along said feature to Reeves loop;~~

~~(O)~~ ~~Southwesterly along said loop to Radford drive;~~

~~(P)~~ ~~Westerly along said drive to H-1 freeway; and~~

~~(Q)~~ ~~Northerly along said freeway to its intersection with Moanalua freeway (H-201).~~

Each public 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 remaining three members shall include the director of business, economic development, and tourism or the director's designee, who shall be an ex officio voting member, and the president of the University of Hawaii and superintendent of education, or their designees, who shall be ex officio nonvoting members of the authority.

~~(b) The chairperson of the authority shall be elected by the majority of the members of the authority. The term of each member shall be four years; provided that:~~

~~(1)~~ ~~Of the members initially appointed, three members shall serve for four years, three members shall serve for three years, and the remaining three members shall serve for two years; and~~

~~(2)~~ ~~The terms of the members added by Act 146, Session Laws of Hawaii 2021, shall commence on July 1, 2021.~~

No person shall be appointed consecutively to more than two terms as a member of the authority. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments.

~~(c) The members of the authority shall serve without compensation and shall be allowed their actual and necessary expenses incurred in the performance of their duties.~~"]

SECTION 17. All rights, powers, functions, and duties of the stadium authority are transferred to the department of business, economic development, and tourism.

All employees who occupy civil service positions and whose functions are transferred to the department of business, economic development, and tourism 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 agreements), 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 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 director of business, economic development, and tourism may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 18. 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 department of business, economic development, and tourism shall be transferred with the functions to which they relate.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1361
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII