HB2672

SECTION 1. The purpose of this Act is to address state parking facilities. Specifically, this Act:

(1) Requires parking fees for state officials and employees in parking facilities within the comptroller's jurisdiction to be adjusted annually according to a collective bargaining wage adjustment percentage;

(2) Repeals the cap on the allowable balance in the state parking revolving fund; and

(3) Clarifies the scope of the comptroller's jurisdiction over state parking facilities by deleting the limitation on the comptroller's authority to parking facilities on "state lands within the comptroller's jurisdiction". This Act now gives the comptroller authority over "parking facilities within the comptroller's jurisdiction". By this amendment, the legislature intends to leave itself the option of placing under the comptroller's authority parking facilities located on state lands outside the comptroller's jurisdiction. For example, this Act will give the legislature the discretion to place under the comptroller's authority a parking facility on state land controlled by the Hawaii community development authority.

SECTION 2. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Excluded from the subjects of negotiations are matters of classification, reclassification, benefits of but not contributions to the Hawaii employer-union health benefits trust fund or a voluntary employees' beneficiary association trust[;], recruitment[;], examination[;], initial pricing[;], parking space fees in parking facilities within the comptroller's jurisdiction, and retirement benefits except as provided in section 88-8(h). The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to:

(1) Direct employees;

(2) Determine qualifications, standards for work, and the nature and contents of examinations;

(3) Hire, promote, transfer, assign, and retain employees in positions;

(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;

(5) Relieve an employee from duties because of lack of work or other legitimate reason;

(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;

(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and

(8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies.

This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.

Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement."

SECTION 3. Section 107-11, Hawaii Revised Statutes, is amended to read as follows:

"§107-11 Parking; control by comptroller. (a) The comptroller [~~may~~] shall assess and collect [~~reasonable~~] in accordance with subsection (b) fees for parking [~~for~~] spaces used by all government officials and employees[~~, install parking meters,~~] in parking facilities within the comptroller's jurisdiction and restrict and otherwise control parking [~~on all state lands within the comptroller's jurisdiction.~~] in such facilities.

The comptroller also may install parking meters in parking facilities within the comptroller's jurisdiction and assess and collect charges for the parking of vehicles in the metered spaces.

(b) (1) For the purpose of this subsection:

(A) "Included state non-university employee" means an employee of state government other than the University of Hawaii who is covered by collective bargaining under chapter 89; and

(B) The "percentage of collective bargaining wage adjustment" applicable on July 1 of a fiscal year shall be determined as follows. The director of human resources development, on behalf of the comptroller, shall identify the position of the included state non-university employee who is entitled to the median wage on July 1, 2008, from among all included state non-university employees. On July 1 of each fiscal year thereafter, the director of human resources development, on behalf of the comptroller, shall:

(i) Determine the wage that a hypothetical employee in the same position would be entitled to on that July 1 after adjustment for negotiated or arbitrated wage changes and step movements, but assuming no change in the years of service of the hypothetical employee; and

(ii) Calculate the percentage adjustment from July 1 of the previous fiscal year.

The calculated percentage shall be the "percentage of collective bargaining wage adjustment".

For the calculation of the "percentage of collective bargaining wage adjustment", the following shall not be deemed part of the wage of an included state non-university employee: employer retirement and health benefit contributions and overtime, emergency pay, standby pay, meal allowance, or other compensation beyond the normal monthly wage;

(2) Except as otherwise provided under paragraph (4), the fee for parking by a government official or employee in a particular non-metered space in a parking facility within the comptroller's jurisdiction that is in operation on June 30, 2008, shall be as follows:

(A) Commencing on July 1, 2008, and for the entire fiscal year 2008-2009, the fee shall be the amount assessed for the space by the comptroller on June 30, 2008; and

(B) Commencing on July 1 of each fiscal year thereafter, the fee for the space shall be adjusted by the percentage of collective bargaining wage adjustment;

(3) The initial fee for parking by a government official or employee in a particular non-metered space in a parking facility within the comptroller's jurisdiction that was not in operation on June 30, 2008, shall be established by the comptroller. On July 1 of the second fiscal year following the commencement of operation of the parking facility, the fee for the space shall be adjusted by the percentage of collective bargaining wage adjustment from July 1 of the previous fiscal year. On July 1 of each fiscal year thereafter, the fee for the space shall be adjusted in the same manner; and

(4) The fee adjustment provision of this subsection shall not apply to the parking fee charged an included state non-university employee that is set by or calculated under a collective bargaining agreement entered into between a state employer and exclusive representative before July 1, 2008. Until the first expiration date of the collective bargaining agreement, the amount of the fee charged for the parking space shall be determined in accordance with the collective bargaining agreement.

Thereafter, the amount of the parking space fee shall be adjusted on July 1 of each fiscal year in accordance with paragraph (2).

[~~(b)~~] (c) The comptroller may [~~make such~~] adopt any rules [~~as may be found~~] necessary to carry out the objects and provisions of this section relating to the assessment, adjustment, and collection of parking fees and meter charges and control and restriction of parking [~~on all lands of the State which are~~] facilities within the comptroller's jurisdiction. The rules shall be adopted as provided in chapter 91.

[~~(c)~~] (d) Any person who violates any of the rules adopted by the comptroller shall be fined not more than $50 for each violation; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291.

[~~(d)~~] (e) The comptroller is authorized to confer the powers of police officers, including the power to serve and execute warrants, arrest offenders, and serve notices and orders, to employees of the department of accounting and general services who are engaged as special officers to enforce this section.

[~~(e)~~] (f) There is [~~hereby~~] created a fund to be known as the "state parking revolving fund" [~~which~~] that shall be used to carry out the purposes of this section. Such amounts shall be expended by the comptroller from the fund, as may be necessary, to defray the cost of paving parking areas, the purchase and installation of parking meters and the operation thereof, and of other parking facilities [~~on state land~~] within the comptroller's jurisdiction. The state parking revolving fund shall be used to conform with the special fund depository requirements under section 39-62 for all revenues and user taxes received as the result of the issuance of any state parking facility undertaking or loan program revenue bonds.

[~~(f)~~] (g) All fees, charges, and other moneys collected pursuant to this section[,] and all revenues and user taxes received pursuant to section 39-62 as the result of the issuance of any state parking facility undertaking or loan program revenue bonds shall be deposited in the state parking revolving fund.

[(g) All moneys in excess of $500,000 remaining on balance in the state parking revolving fund on June 30 of each fiscal year shall lapse to the credit of the state general fund. On July 1 of each year, the director of finance is authorized to transfer any excess funds in the state parking revolving fund to the state general fund.]"

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that the amendments made to section 89-9(d), Hawaii Revised Statutes, by this Act shall not be repealed when that section is repealed and reenacted on July 1, 2009, by section 8 of Act 245, Session Laws of Hawaii 2005, as amended by section 2 of Act 294, Session Laws of Hawaii 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2672
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII