HOUSE OF REPRESENTATIVES |
H.B. NO. |
1494 |
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
PROPOSED |
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A BILL FOR AN ACT
RELATING TO SPORTS FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Any law to the contrary notwithstanding, the appropriation under Act 88, Session Laws of Hawaii 2021, section 26, as amended by section 5 of Act 248, Session Laws of Hawaii 2022, in the amount indicated or balance thereof, unallocated, allotted, encumbered, and unrequired, is hereby lapsed:
"Item No. Amount (MOF)
A-0.03 $350,000,000 C"
SECTION 2. Any law to the contrary notwithstanding, the appropriation under Act 268, Session Laws of Hawaii 2019, section 6, as amended by section 5 of Act 4, Session Laws of Hawaii 2020, as amended by section 18 of Act 146, Session Laws of Hawaii 2021, as amended by section 10 of Act 220, Session Laws of Hawaii 2022, in the amount of $20,000,000 of general obligation bond funds or balance thereof, unallocated, allotted, encumbered, and unrequired, is hereby lapsed.
SECTION 3. There is appropriated out of the Halawa redevelopment special fund, as renamed pursuant to section 8 of this Act, the sum of $49,500,000 or so much thereof as may be necessary for fiscal year 2025-2026 to be deposited into the general fund.
PART II
SECTION 4. The director of finance is authorized to issue general obligation bonds in the sum of $350,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2025-2026 for the purpose of upgrading the stadium on the university of Hawaii at Manoa campus to meet National Collegiate Athletic Association division I football stadium requirements, including plans, design, construction, equipment, appurtenances, ground and site improvements, infrastructure, and all related and associated project costs.
The sum appropriated shall be expended by the university of Hawaii for the purposes of this part.
SECTION 5. The appropriations made for the capital improvement project authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriations unencumbered as of June 30, 2027, shall lapse as of that date.
PART III
SECTION 6. Chapter 109, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 109
[STADIUMS
AND RECREATIONAL FACILITIES] HALAWA REDEVELOPMENT AUTHORITY"
SECTION 7. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:
"§109-2 [Stadium] Halawa
redevelopment authority; powers and duties. The powers and duties of
the [stadium] Halawa redevelopment authority shall be as follows:
(1) To repair, maintain, and operate [stadium
facilities and the stadium development] the Halawa redevelopment
district, including:
(A) [Repairs, maintenance, operations, and
demolition] Demolition of existing stadium facilities;
[(B) Operations and maintenance of a
new stadium;] and
[(C)] (B) Contractual payments to
developers, contractors, or management contractors engaged by the [stadium]
Halawa redevelopment authority;
(2) To coordinate in planning, design, and
construction activities, including on-site repairs, within the [stadium
development] Halawa redevelopment 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,]
Halawa redevelopment district, facilities related to the Halawa
redevelopment district, and real property held by the [stadium] Halawa
redevelopment authority, 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 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 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] Halawa redevelopment district[,] and its
contractors; and
(8) To plan, promote, and market the [stadium]
Halawa redevelopment district and related facilities."
SECTION 8. Section 109-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§109-3.5[] Stadium
development] Halawa redevelopment special fund; established.
(a) There is established in the state treasury the [stadium development]
Halawa redevelopment special fund, into which funds collected by the [stadium]
Halawa redevelopment authority shall be deposited, including:
(1) All revenues from the [stadium development]
Halawa redevelopment 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]
Halawa redevelopment district;
(3) All proceeds from revenue bonds issued for the
purpose of the [stadium development] Halawa redevelopment
district; and
(4) Appropriations made by the legislature to the fund.
(b) Moneys in the [stadium development]
Halawa redevelopment special fund shall be used by the [stadium] Halawa
redevelopment authority 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] Halawa
redevelopment 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], contractual
payments to developers or contractors engaged by the [stadium] Halawa
redevelopment authority for the purpose of redeveloping the site and
related on- and off-site infrastructure that benefits the [stadium] Halawa
redevelopment district and its development guidance policies."
SECTION 9. Chapter 206E, Hawaii Revised Statutes, is amended by amending the title of part IX to read as follows:
"PART
IX. [STADIUM DEVELOPMENT] HALAWA REDEVELOPMENT DISTRICT"
SECTION 10. Section 109-3, Hawaii Revised Statutes, is repealed.
["§109-3 Stadium special fund.
(a) There is created a special fund to be known as the stadium special fund
into which funds collected by the authority 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 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 after June 30, 2021, shall be
deposited into the stadium development special fund pursuant to section
109-3.5.
(c) Upon June 30, 2021, the stadium special
fund established herein shall be abolished, and all appropriations,
encumbrances, and the remaining unencumbered balance shall be transferred to
the stadium development special fund."]
SECTION 11. Sections 40-84, 84-17(d), 109-1, 109-6, 109-7, 171-2, 171-64.7(a), 206E-221, 206E-222, 206E-223, 206E‑224, 206E-225, 226-64, and 445-112, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment authority" wherever the words "stadium authority" appear, as the context requires.
SECTION 12. Sections 109-1, 171-2, 201H-191.5, 206E-14, 206E-221, 206E-222, 206E-223(a), 206E-224, 206E-225, and 206E‑226, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment district" wherever the words "stadium development district" appear, as the context requires.
SECTION 13. Sections 36-27(a), 36-30(a), and 109-8, Hawaii Revised Statutes, are amended by substituting the words "Halawa redevelopment special fund" wherever the words "stadium development special fund" appear, as the context requires.
PART IV
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 3000.
Report Title:
Sports Facilities; UH; Stadium Authority; New Stadium; GO Bonds; Lapse; Stadium Development Special Fund; Halawa Redevelopment; Appropriations
Description:
Lapses appropriations of general obligation bond funds previously authorized for the planning, design, and construction of a stadium in Halawa by the Stadium Authority. Transfers certain special fund moneys earmarked for the development of a new stadium in Halawa to the general fund. Authorizes the issuance of general obligation bonds for a new stadium on the University of Hawaii at Manoa campus. Renames the Stadium Authority as the Halawa Redevelopment Authority and the Stadium Development District as the Halawa Redevelopment District. Amends the powers and duties of the Halawa Redevelopment Authority. Effective 7/1/3000. (PROPOSED HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.