Abolishes the stadium authority and transfers Aloha Stadium and Kapolei Recreational Sports Complex to UH and DLNR, respectively.

A BILL FOR AN ACT

SECTION 1. Chapter 304, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . ALOHA STADIUM

§304-   Aloha stadium; powers and duties. (a) The University of Hawaii shall maintain, operate, and manage the Aloha stadium and its related facilities.

(b) In carrying out its duties under subsection (a), the University of Hawaii may:

§304-   Management and staff. (a) The University of Hawaii may appoint a manager and a deputy manager who shall have such qualifications as the board of regents deems necessary and who shall hold their respective offices at the pleasure of the board of regents. The manager and deputy manager shall be exempt from the requirements of chapter 76. The salaries of the manager and deputy manager shall be set by the board of regents.

(b) The manager shall have full power to administer the affairs of the Aloha stadium and its related facilities. The manager, subject to the approval of the board of regents, shall have the power to appoint, suspend, and discharge a secretary and such other employees, subordinates, and assistants as may be necessary to manage and operate the stadium and its related facilities.

§304-   Athletic department special fund. There is created within the state treasury the athletic department special fund, into which shall be deposited all funds appropriated by the legislature and funds received from the use of the Aloha stadium and its related facilities. The athletic department special fund shall be administered by the University of Hawaii for the use of the athletic department. The athletic department special fund shall be used for:

All services required for the stadium and its related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76. The University of Hawaii shall report to the legislature on all receipts and expenditures of the athletic department special fund no later than twenty days prior to the convening of each regular session."

SECTION 2. Section 26-15, Hawaii Revised Statutes, is amended to read as follows:

"§26-15 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources, except for matters relating to the state water code where the commission on water resource management shall have exclusive jurisdiction and final authority.

The board shall consist of six members, one from each land district and two at large. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint the chairperson of the board from among the members thereof.

The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board.

(b) The department shall manage and administer the public lands of the State and minerals thereon and all water and coastal areas of the State, except the commercial harbor areas of the State, including the soil conservation function, the forests and forest reserves, aquatic life, wildlife resources, state parks, including historic sites, and all activities thereon and therein including, but not limited to, boating, ocean recreation, and coastal areas programs.

(c) The functions and authority heretofore exercised by the commissioner and board of public lands (including the hydrography division and the bureau of conveyances), the Hawaii water authority, the commission on ground water resources, the Hawaii land development authority, the soil conservation committee, and the commission on historical sites and the function of managing the state parks and the function of promoting the conservation, development, and utilization of forests, including the regulatory powers over the forest reserve, aquatic life, and wildlife resources of the State heretofore exercised by the board of commissioners of agriculture and forestry as heretofore constituted are transferred to the department of land and natural resources established by this chapter.

(d) The functions and authority heretofore exercised by the stadium authority relating to the maintenance, operation, management, and promotion of the Kapolei recreational sports complex are transferred to the department of land and natural resources established by this chapter.

There is created in the state treasury a special fund to be known as the Kapolei recreational sports complex special fund, into which funds appropriated by the legislature, received pursuant to the department's power to make and execute contracts and other instruments necessary or convenient to exercise its powers under this Act, or collected by the department from the operations of the Kapolei recreational sports complex, shall be deposited subject to the executed contracts. The special fund shall be applied, used, and disposed of for the payment of:

the Kapolei recreational sports complex. All services required for the Kapolei recreational sports complex shall be performed by persons hired on contract or otherwise, without regard for chapter 76. The department shall report annually to the legislature all receipts and expenditures of the Kapolei recreational sports complex special fund account no later than twenty days prior to the convening of each regular session."

SECTION 3. Chapter 109, Hawaii Revised Statutes, is repealed.

SECTION 4. All rights, powers, functions, and duties of the stadium authority with respect to Aloha stadium and its facilities are transferred to the University of Hawaii, subject to:

SECTION 5. All rights, powers, functions, and duties of the stadium authority with respect to the Kapolei recreational sports complex are transferred to the department of land and natural resources.

SECTION 6. All stadium authority officers and employees of Aloha stadium whose functions are transferred to the University of Hawaii 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 such 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 eligible under the personnel laws of the State as determined by the head of the department or the governor.that such 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 7. All stadium authority officers and employees of the Kapolei recreational sports complex whose functions are transferred to the department of land and natural resources 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 such 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 such 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 8. The department of accounting and general services shall take all necessary actions to cause the transfer of the property upon which Aloha stadium is situated to the University of Hawaii on January 1, 2007, including, without limitation, determining that all deed restrictions are satisfied; provided that:

All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services and the stadium authority relating to the functions transferred to the University of Hawaii shall be transferred with the functions to which they relate.

The department of accounting and general services shall submit a report on the status of the transfer to the legislature no later than twenty days prior to the convening of the regular session of 2008.

SECTION 9. The department of accounting and general services shall take all necessary actions to cause the transfer of the property upon which the Kapolei recreational sports complex is situated to the department of land and natural resources on January 1, 2007, including, without limitation, determining that all deed restrictions are satisfied.

All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services and the stadium authority relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

The department of accounting and general services shall submit a report on the status of the transfer to the legislature no later than twenty days prior to the convening of the regular session of 2008.

SECTION 10. It is not the intent of this Act to jeopardize the receipt of any federal aid nor to impair the obligation of the State 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 11. The stadium authority shall transfer to the credit of the athletic department special fund created by section 304-  , Hawaii Revised Statutes, on January 1, 2007, all unexpended or unencumbered balances remaining in the stadium special fund heretofore created by section 109-3, Hawaii Revised Statutes, which is scheduled for repeal on January 1, 2007.

SECTION 12. The stadium authority shall transfer to the credit of the Kapolei recreational sports complex special fund created by section 26-15, Hawaii Revised Statutes, on January 1, 2007, all unexpended or unencumbered balances remaining in the Kapolei recreational sports complex special fund heretofore created by section 109-9, Hawaii Revised Statutes, which is scheduled for repeal on January 1, 2007.

SECTION 13. New statutory material is underscored.

SECTION 14. This Act shall take effect on January 1, 2007.