Report Title:

Hawaii Sports Hall of Fame

Description:

Statutorily establishes the Hawaii sports hall of fame to be headed by a board of directors; establishes Hawaii sports hall of fame special fund. (HB662 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

662

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

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. The history of sports in Hawaii is replete with the outstanding achievements of people from all walks of life. Sports reflect the human drama, emphasize fair play and the goal of excellence, and provide a worthy source of inspiration and reflection for all. The establishment of a repository of the history of Hawaii's outstanding local sports figures will preserve their contributions and serve as a focal point for Hawaii's sports industry. A sports hall of fame will commemorate the past and provide 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 serving without compensation to plan the establishment of a permanent Hawaii sports hall of fame. Under the order, the Hawaii sports hall of fame is to be housed in aloha stadium, funded through private contributions, and designed to commemorate sports legends of Hawaii who have made significant contributions in the field of sports. The order also created a trust account as a separate account of the stadium special fund into which contributions to the Hawaii sports hall of fame are to be deposited.

However, the commission was originally scheduled to remain in existence for only two years and end in June of 1999, and the continued existence of the commission is dependent on the passage of a concurrent resolution by the legislature, as provided by section 26-41, Hawaii Revised Statutes.

The purpose of this Act is to statutorily establish:

(1) The Hawaii sports hall of fame to be overseen by a board of directors who shall be responsible for the Hawaii sports hall of fame's ongoing activities; and

(2) The Hawaii sports hall of fame special fund to fund the operations of the Hawaii sports hall of fame and related facilities.

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. There is established the Hawaii sports hall of fame which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The Hawaii sports hall of fame shall be placed within the department of accounting and general services for administrative purposes.

§   -2 Hawaii sports hall of fame board. (a) The Hawaii sports hall of fame shall be overseen 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. Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

(b) 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.

§   -2 Board meetings; special meetings; open to public. (a) The board shall hold regular meetings at least once every two months. The board shall keep records and minutes of 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 and obtaining the concurrence of the entire membership of the board. The chairperson or the three members shall give written notice at least seven calendar days or at least ten calendar days, respectively, prior to the date of the special meeting.

(c) All board meetings, except for those meetings held to select inductees to the Hawaii sports hall of fame, shall be open to the public pursuant to chapter 92.

§   -3 Powers and duties of the board. 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 to commemorate Hawaii's sports legends and personages in a manner befitting their athletic achievements in life;

(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 carry out and effectuate the purposes and provisions of this chapter;

(4) Be exempt from the provisions of chapters 102 and 103D;

(5) 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;

(6) Hire a manager pursuant to section -4.

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

(8) Report annually to the legislature pursuant to section -6.

§   -4 Manager; personnel. (a) The board may hire a manager exempt from the requirements of chapters 76 and 89 to administer the affairs of the Hawaii sports hall of fame and related facilities. The manager shall have such qualifications as the board deems necessary and shall serve at the pleasure of the board. The manager, subject to the approval of the board, shall have power to appoint, suspend, and discharge a secretary 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.

(b) 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. Except for persons hired on contract and as otherwise provided in this section, all appointments, suspensions, or discharges shall be made in conformance with the applicable provisions of chapter 76.

§   -5 Hawaii sports hall of fame special fund. (a) There is established within the state treasury a special fund to be known as the Hawaii sports hall of fame special fund into which any legislative appropriations to the fund, contributions, and monies, charges, and fees collected by the board shall be deposited. Monies in the special fund shall be expended by the board for:

(1) The operation, maintenance, promotion, and management of the Hawaii sports hall of fame and related facilities; and

(2) All or part of the cost of financing any capital improvement project for the Hawaii sports hall of fame and related facilities;

§   -6 Annual report. Twenty days prior to the convening of each regular legislative session the board shall provide an annual report to the legislature and the governor of the activities and accomplishments of the board, and receipts, expenditures, and balances in the Hawaii sports hall of fame special fund."

SECTION 3. Any moneys deposited pursuant to Executive Order No. 97-03 on June 9, 1997, into a trust account as a separate account of the stadium special fund established under section 109-3, Hawaii Revised Statutes, shall be transferred, along with any interest or other earnings thereon, to the Hawaii sports hall of fame special fund established by section   -5, Hawaii Revised Statutes.

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

SECTION 5. This Act shall take effect on July 1, 2010.