Hawaii Revised Statutes, Chapter 109 — Stadiums and Recreational Facilities

Division 1. Government — Title 9. Public Property, Purchasing and Contracting

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 9 Public Property, Purchasing and Contracting

Chapter 109 Stadiums and Recreational Facilities

§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.

[L 1970, c 172, §1; am L 1971, c 125, pt of §1; am L 1980, c 302, pt of §2; gen ch 1985, 1993; am L 1999, c 160, §7; am L 2016, c 61, §3; am L 2021, c 146, §1; am L 2022, c 220, §6]

§109-2 Stadium authority; powers and duties

The powers and duties of the stadium authority 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;

(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, 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 district, and its contractors; and

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

[L 1970, c 172, §2; am L 1971, c 125, pt of §1; am L 1975, c 172, §1; am L 1976, c 158, §1; am L 1982, c 129, §5; am L 1986, c 128, §5; am L 1989, c 329, §4; am L 1995, c 149, §1; am L 1999, c 160, §8; am L 2000, c 253, §150; am L 2002, c 148, §12; am L 2005, c 226, §5; am L 2016, c 61, §4; am L 2021, c 146, §2]

§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.

[L 1970, c 172, §3; am L 1971, c 125, pt of §1 and c 173, §4; am L 1975, c 172, §2; am L 1993, c 280, §7; am L 1995, c 149, §2; am L 1999, c 160, §9; am L 2000, c 253, §150; am L 2016, c 61, §5; am L 2021, c 146, §8]

§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 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 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 for the purpose of redeveloping the site and related on- and off-site infrastructure that benefits the stadium district and its development guidance policies.

[L 2021, c 146, §6]

§109-4 Employee benefits

All full-time employees of the authority shall be entitled to any benefit program generally applicable to the officers and employees of the State.

[L 1975, c 172, §3]

§109-5 Security personnel, powers

The person employed as the chief security officer by the authority 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.

[L 1976, c 118, §1; gen ch 1985; am L 1999, c 160, §10; am L 2016, c 61, §6]

§109-6 Stadium special account

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

[L 1978, c 73, §1]

§109-7 Enforcement; penalty

(a) Any law enforcement officer who has police powers to arrest offenders and issue citations, including any police officer of the counties, shall have the authority to enforce any rule adopted pursuant to section 109‑2(6).

(b) Any person violating any rule of the stadium authority 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 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.

[L 1982, c 235, §1; am L 1996, c 159, §1; am L 1999, c 160, §11; am L 2016, c 61, §7; am L 2021, c 146, §3]

§109-8 Lost and found money or property at the stadium

All money or property found at the stadium shall be reported or delivered by the finder to the stadium lost and found, and when so delivered shall be held by the stadium for forty-five days or until claimed by some person who establishes title or right of custody thereto to the satisfaction of the stadium manager, whichever is shorter. In the event of establishment of title or right of custody, the money or property shall be delivered to the claimant by the manager or the manager's agent. If after forty-five days no claimant establishes a right to the money or property, the money or property may be claimed by the person who delivered it to the stadium lost and found; provided that if the person who delivered it to the stadium lost and found fails to claim the money or property within thirty days after being notified by the manager, the manager shall deposit the money into the state treasury to the credit of the stadium development special fund or shall dispose of the property by public auction. The manager shall give public notice, giving details as to time and place of the auction and giving notice to all persons interested in claiming the property that unless claims are made by persons who can provide satisfactory proof of ownership before a specified date, the property will be sold at public auction to the highest bidder; provided that if the manager considers the highest bid to be insufficient, the manager shall have the right to decline the sale to the highest bidder and may reoffer the property at a subsequent public auction. On the day and at the place specified in the notice, all property for which no satisfactory proof of ownership is made shall be sold by auction by or under the direction of the manager.

If any property which is of a perishable nature or which is unreasonably expensive to keep or safeguard remains unclaimed at the stadium, the manager may sell that property at public auction, at a time and after notice that is reasonable under the circumstances. If the manager determines that any property delivered to the manager pursuant to this section has no apparent commercial value, the manager at any time thereafter may destroy or otherwise dispose of the property.

The manager shall deposit into the stadium development special fund all moneys received from the sale, destruction, or disposition of any property. No action or proceeding shall be brought or maintained against the State or any officer thereof on account of such sale, destruction, or disposition. The purchaser of property at any sale conducted by the manager pursuant to this section shall receive good title to the property purchased and shall take possession of the property free from any and all claims of the owner, prior owners, and any person claiming title.

For purposes of this section, notice by regular mail to the last known address of the person who delivered the money or property to the stadium lost and found shall be deemed sufficient.

[L 1983, c 162, §1; am L 1998, c 2, §30; am L 2021, c 146, §9]

§109-9 Repealed

[Repealed]

[L 2016, c 61, §8]