HomeMy WebLinkAboutRES 268 Draft 03 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
RESOLUTION NO.
268 09
(DRAFT 3)
A RESOLUTION RELATING TO LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2010 HAW AI'I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE
PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawai'i State
Association of Counties (HSAC) for consideration and adoption by the Hawai'i County Council
for inclusion in the 2010 HSAC legislative package; and
WHEREAS, timely action and concurrence by the Hawai'i County Council is required
to include these measures in the 2010 HSAC Legislative Package presented to the State
Legislature when it convenes in session on January 20, 2010; and
WHEREAS, bills are heard sooner during the legislative session, therefore one of the
three proposed resolutions has an accompanying bill, and all are attached to this resolution. as
follows:
1. Relating to the Hawai'i Employer-Union Health Benefits Trust Fund (EUTF) - A
resolution urging the EUTF to conduct a feasibility study to establish a captive
insurance program, and an accompanying bill to add a trustee to the board of trustees
of the EUTF to represent the interests of the counties.
2. . Relating to Elections - A resolution asking the State to provide appropriate levels of
service for the 2010 elections.
3. Relating to the Wireless Enhanced 911 Special Fund - A resolution asking the State
to refrain from utilizing the fund for purposes other than designated by Act 159
(2004), and to remove the spending cap.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAW AI'I, that it approves the foregoing proposals for inclusion in the 2010 Hawaii State
Association of Counties Legislative Package as set forth as attached: and
Pag~ 1 of2
BE IT FINALLY RESOLVED, that copies of this Resolution be transmitted by the
County Clerk to the HSAC President Derek Kawakami, Finance Director Nancy Crawford,
Managing Director William Takaba, and the Honorable Mayor William Kenoi.
Dated at Hila , Hawai'i, this ~_I1~ day of ___ Decanber _,2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAW AI'I
COUNTY COUNCIL
County of Hawai'i
Hilo, Hawai'i
ROLL CALL VOTE
ATTEST
I ENRIQUES --
AYES NOES ABS EX
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fORD
GREENWELL X
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HOFf MANN X t-~
IKEDA X
NAEOLE X =+--=1
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ONISHI X
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YA-GONG
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iYOSHIMOTO
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I hereby certIfy that the foregomg RESOLUTION was by
the vote mdlcated to the right hereof adopted by the COUNCIL of the
County ofHawal'! on_Decanber 2, 200~___
.s-Li- ~-€,
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
Reference_____ C-_~07 . 3/PvfLRC -=--~~_____
RESOLUTION NO 268 09
----~-~----
(DRAFT 3)
Page 201'2
Ha,vai'i State Association of Counties
Counties ofKaua'i, Maui, Hawai'i and City and County of Honolulu
RESOLUTION URGING THE HAWAII EMPLOYER-UNION HEALTH BENEFITS
TRUST FUND TO CONDUCT A FEASIBILITY STUDY TO ESTABLISH A CAPTIVE
INSURANCE PROGRAM FOR HEALTH INSURANCE AND ESTABLISH SUCH A
PROGRAM.
WHEREAS, Chapter 87 A, Hawaii Revised Statutes, establishes the Hawaii
Employer-Union Health Benefits Trust Fund ("EUTF") to provide state and county
employees and retirees and their dependents with health insurance benefits, and was
created as asingle health benefits delivery system in 2001 to reduce the projected
------nS-alt1yc11le-Cn-sTs-tcrtne-s1C3.1tramtcoun1te-s-;-and
WHEREAS, the EUTF, the state, and Hawaii's counties must continue to
consider innovative means to take better control of their financial destinies, reduce
increases in premiums, and cut unnecessary costs to both health plan participants and
employers; an
. WHE e total amount contributed to the EUTF for health benefit plans in
fiscal { r 2008 was$551 ,754,5 of this amount $307,468,074 came from the state,
$128, 36,434 came from the and county water supply agencies, and
$115,650,073 was contributed ees;
loyer contribution
fiscal year
WHEREAS, as an example, Honolulu's appro riati
has increased from $50,000,000 in fiscal year 2000 0 ,
2010, an increase of over 100%; and
..
WHEREAS, if this trend continues, the state and counties' required co
. to the EUTF health fund might double again in the next decade; and
WHEREAS, according to the state of Hawaii Data Book there were
workers and 18,550 county workers in 2008; and
WHEREAS, according to the EUTF's annual report the total number
individuals (employees and dependents) enrolled with insurance coverage t
EUTF was 167,800, as of June 30, 2008; and
WHEREAS, the numbers of state and county workers and individuals e . ed
with the EUTF represent a substantial base to develop a captive health insurance
program; and
WHEREAS, employers and employees share in the payment of health insurance
premiums and the increases in the premiums are more than the annual increases in
inflation and in pay for employees; and
OCS/102009/04:04/HM
1
WHEREAS, many active employees experienced a 23.4% hike in their health
care premium contributions effective July 1, 2009 and retirees are slated to face an
additional hike on January 1, 2010; and
WHEREAS, the state is authorized to establish a captive insurance company
under HRS Chapter 431, Article 19; and
WHEREAS, according to the state department of commerce and consumer
affairs, Hawaii is the fifth largest captive insurance domicile in the world based on the
captives' combined capital assets of more than $7 billion and the ninth largest based on
the number of captives with 220 licenses issued and 165 active licenses, as of
December 31,2008; and
-..-..--. '.- ----_.._....._--~._.,_.._--------_. -.-.--------..-.--------.-...
WHEREAS, any captive insurance company created to provide health insurance
for state and county employees, retirees, and their dependents should be created by the
EUTF; and
WHEREAS, it is important that the EUTF look at innovative ways to achieve
reasonable costs and coverage for health insurance by reducing or slowing the runaway
rate increases that have occurred in the past decade, while maintaining the high level of
care expected by public employees and retirees; and
WHEREAS, the current status of state and county health insurance is not
sustainable and a solution is necessary to lower costs and maintain services; now,
therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
urges the Hawaii Employer-Union Health Benefits Trust Fund to examine innovative
means of maintaining current health benefits while controlling costs to the state and
counties and their employees, including a feasibility study to establish a captive
insurance program for health benefits; and
BE IT FURTHER RESOLVED that if the feasibility study recommends the
creation of a captive health insurance program, the EUTF is urged to conduct a captive
health insurance pilot program for one or more counties or implement a captive health
insurance program outright for all members; and
2
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Trustees of the Hawaii Employer-Union Health Benefits Trust Fund, the state insurance
commissioner, the governor, the president of the state senate, the speaker of the house
of reR ntatives, and the mayors and council chairs of the four counties.
'-
DENNIS ONISHI
SecreJaryh
.......
NESTOR GARCIA
Vice President
~
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.-------..--
SEP PONT NILLA
--. . Treasurer
3
/~
.8. NO.
A BILL FOR AN ACT
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
BOARD OF TRUSTEES.
-------- ---BKITENACTEIJBYTHELEGISIATUR.E1JFTH~TATElJF HAWAII:
"-'~--~"-~--"-.' ._--.-_.__#~---- ._- ._.._---~ --_.--- --.....-...-.---- ..__.._------~-..._- '-~"-"-- ',--, -~ ._---.__.
1
SECTION I. The purpose of this Act is to add a trustee to
2 the board of trustees of the EUTF to represent the interests of
3 the counties.
4 According to the state of Hawaii 2008 Data Book there were
5 74,300 state workers and 18,550 county workers. For FY 2007-
6 2008 the total amount contributed to the EUTF for health benefit
7 plans in fiscal year 2008 was $551,754,581; of this amount
8 $307,468,074 carne from the state, $128,636,434 carne from the
9 counties and county water supply agencies, and $115,650,073 was
10 contributed by employees. Of the total EUTF board membership,
11 there are five employer trustees on the board who are currently
12 state administration employees and current law does not include
13 a provision for county representation. As employers, the
14 counties pay a substantial amount into the EUTF and should have
15 some say on the board of trustees. Recently, decisions have
16 been made that affect the counties, including the decision to
Page 2
.8. NO.
1 change the prescription drug program, and have caught members by
2 surprise. By adding a trustee to the EUTF to represent the
3 counties, members may be better informed of changes to the
4 programs and decisions may be made that will take county
5 interests into consideration.
6
SECTION 2. Section 87A-S, Hawaii Revised Statutes, lS
7"..~~I.!l~~~ded to read as follows:
8
"~87A-5 Composition of board. The board of trustees of
9 the employer-union health benefits trust fund shall consist of
10 [~] eleven trustees appointed by the governor in accordance
11 with the following procedure:
12
(1) Five trustees, one of whom shall represent retirees,
13
to represent employee-beneficiaries and to be selected
14
as follows:
15
(A) Three trustees shall be appointed from a list of
16
two nominees per trustee selected by each of the
17
three exclusive representative organizations that
18
have the largest number of employee-
19
beneficiaries;
20
(B) One trustee shall be appointed from a list of two
21
nominees selected by mutual agreement of the
22
remaining ~xclusive employee representative
23
organizations; and
Page 3
.8. NO.
1 (C) One trustee representing retirees shall be
2 appointed from a list of two nominees selected by
3 mutuai-a-greement-of- all--eligible exclusive
4 representatives; and
5 (2) Five trustees to represent public employers.
6 (3) One trustee to represent coun:t~ public employers
7 appointed from a list of two nominees selected by the
8 Hawaii State Association of Counties, or if that
9 association shall cease to exist, by a successor
10 organization composed of the members of the councils
11 of all Hawaii counties excluding the county of
12 Kalawao.
13 Section 26-34 shall not apply to board member selection and
14 terms. Notwithstanding any other provision of this section, no
15 exclusive representative of a bargaining unit that sponsors or
16 participates in a voluntary employee beneficiary association
17 shall be eligible to select nominees or to be represented by a
18 trustee on the board.
19 As used in this section, the term "exclusive
20 representative" shall have the same meaning as in section 89-2."
21 SECTION 3. Statutory material to be repealed is bracketed
22 and stricken. New statutory material is underscored.
Page 4
1
2
.8. NO.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
Ha,vaii State Association of Counties
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
URGING THE GOVERNOR, CHIEF ELECTION OFFICER, AND HAWAII STATE
LEGISLATURE TO PROVIDE APPROPRIATE LEVELS OF SERVICES FOR THE 2010
ELECTIONS.
WHEREAS, the Hawaii State Association of Counties IS composed of the
members of all four county councils of the State of Hawaii; and
WHEREAS, candidate access to the ballot, the right to vote, and the associated
election services constitute a core governmental function that does not diminish with
each passing year; and
WHEREAS, it has come to the county councils' attention that the State Office of
Elections (OE) is facing financial restrictions that may undermine its ability to provide
the same level of services as provided for in the 2008 Elections; and
WHEREAS,as a result of the imposed restrictions, the four county councils
foresee that reduced accessibility to election services traditionally provided by the State
OE may result in an increased demand for services provided by county election
operations, increasing county staff requirements and county budgets; and
WHEREAS, in his report on proposed closings of certain precincts for the 2010
election, the Chief Election Officer encouraged voters to seek absentee voting services
provided by the counties in lieu of election services provided by his office; and
WHEREAS, between 1992 and 2008, the counties have witnessed a dramatic
increase in demand for county funded absentee voting services (from 11 % to 39% of
the total voting in general elections) without additional appropriation from the State; and
WHEREAS, neighbor island counties are supporting State OE operations in
counting centers and performing State OE polling place operational and logistical
responsibilities despite having no State personnel assigned to their respective offices;
and .
WHEREAS, the City and County of Honolulu administers the statewide .voter
registration system to comply with federal law on behalf of the State OE without
financial support from the State; and
WHEREAS, as a further result of the imposed restrictions to the State OE,
reimbursements to the counties of Hawaii, Kauai and Maui for the 2008 Elections have
also not yet been paid; now, therefore
BE IT RESOLVED, that the Governor and State OE take immediate action to
reimburse the three counties for past due expenses incurred from the 2008 Elections;
and
BE IT FURTHER RESOLVED that the Hawaii State Association of Counties
urges the Chief Election 'Officer to exercise his responsibility of providing' election
services within the fiscal constraints imposed by the Governor and the Hawaii State
Legislature; and
BE IT FURTHER RESOLVED, that should the same level of election services not
be provided by the State OE, that the Hawajj State Legislature and Governor enact
appropriations to adequately compensate the counties for providing the services and for
assuming the administrative functions that are State responsibilities; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Governor, President of the Senate, the Speaker of the House of Representatives, the
Chief Elections Officer, the mayors of the counties of the State of Hawaii, and the
council chairs of the counties of Hawaii, Kauai, Maui and Honolulu.
~~.
NESTOR GARCIA
Vice President
o EK KAWAKAMI
President
~
~
reasurer
DENNIS ONISHI
Secretary
Counties of Kaua'i, I\1aui, Hawai'i and City and County of Honolulu
Hawai'i State Association of Counties
RESOLUTION REQUESTING THAT THE STATE REFRAIN FROM UTILIZING THE
WIRELESS ENHANCED 9-1-1 SPECIAL FUND FOR PURPOSES OTHER THAN AS
DESIGNATED BY ACT 159 (2004) AND REMOVE THE SPENDING CAP ON THE
FUND.
WHEREAS, 9-1-1 emergency telephone service is a vital part of our nation's
emergency response and disaster preparedness system; and
'H' -'----' --- ---WJ:lEREAS.,Jn-OctobeLt999-,J:haWifeless-Commu./licatiof-ls-afld-gubllG-Saf~"____ _____
Act of 1999 ("9-1-1 Act") took effect with the purpose of improving public safety by
-,:encourag i n'gana 'fa Ci I itati ng the-=p roiTfprGJep loymerifofanationwiaej--seam less -
communications infrastructure for emergency services; and
WHEREAS, all Public Safety Answering Points ("PSAP") in the state of Hawaii
have the enhanced 9-1-1 ("E9-1-1") capability for wireline and wireless 9-1-1 calls; and
WHE. e Federal Communications Commission ("FCC") also requires
wirel~.~6~telephO carriers to prg:~~~e 9-1-1 and E9-1-1 capability where a PSAP
requests it, and once implemel7lt": 'i .'1)ly wireless E9-1-1 will provide an accurate location
for 9-1-1 calls from wireless pho
:".~{~"';:":\':: ~:~~~/'L~-';\~:: ,;.-
WHEREAS, a PSAP is a facility equipped andi;~taff~~,li;te r ceive 9-1-1 calls and
dispatch appropriate public safety agencies to respo to tRQ's> ",. nd
WHEREAS, other FCC rules regulate 9-1-1 for VoiS~,ove nternet Protocol,
mobile satellite services, telematics, and text telephone devices; and
WHEREAS, Act 159 (2004) provided PSAPs and wireless providers w'
funding needed to acquire technology that enable PSAPs receiving 9-1-1 c
Wirelessuphol1es to' VieWthecalle(s 'identification; and-'
WHEREAS, Act 159 (2004) also created a wireless enhanced 9-1-1
is administratively attached to the department of accounting and general se
("DAGS"), and a special fund outside the state treasury to fund E9-1-1 enha
be managed by the board; and '
WHEREAS, Act 159 (2004) states that moneys in the fund shall be expended
exclusively by the board for the purposes of ensuring adequate cost recovery for the
deployment of phase I and phase II wireless enhanced 911 service and for expenses of
administering the fund; and
1
WHEREAS, in the 2009 legislative session the E9-1-1 fund was rakfed of $16
million, and the governor did not veto such action, leaving approximately $9 million in
the fund; and
WHEREAS, all counties are in the process of establishing their priorities for the
coming fiscal year of which an important priority will be maintenance of systems that
have been deployed at all counties; and
WHEREAS, any spending cap placed on the fund, coupled with the raid of the
fund will leave little money available for expansion of the system to support newer
technologies such as Next Generation 9-1-1 which aims to deliver voice, video, text and
data calls to the PSAPs; and
-.---.---- - -----.-------.-----~-.--.-----.-.- - ---......-~._____. __ h. .-.__~________..._____..._._______ __ ....._........ .____.____ ______u... __.. __._______.____________
WHEREAS, the inability to expand the current 9-1-1 system will negatively
impact county governments who are tasked with providing the PSAP response; now,
therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
requests that the state refrain from utilizing the wireless enhanced 9-1-1 special fund for
purposes other than as designated by Act 159 (2004), and allow the counties to
maintain the capability to provide adequate public safety to residents and visitors; and
BE IT FURTHER RESOLVED that the governor and the legislature consider
removing the spending cap on the wireless enhanced 9-1-1 fund to allow for greater
flexibility in maintaining and upgrading the 9-1-1 emergency response system; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
governor, the president of the state senate, the speaker of the house of representatives
an7J~ of e~Ch coun~ council.
W~ ~vJ
DEREKKAWAKAMI .NESTOR GARCIA
President Vice President
~~
reasurer
DENNIS ONISHI
Secretary
2