Bill Text: HI HB1052 | 2016 | Regular Session | Introduced
Bill Title: Employer-Union Health Benefits Trust Fund; Board of Trustees
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1052 Detail]
Download: Hawaii-2016-HB1052-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1052 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the hawaii employer-union health benefits trust fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 87A-5, Hawaii Revised Statutes, is amended to read as follows:
"§87A-5 Composition of board. The
board of trustees of the employer-union health benefits trust fund shall
consist of [ten] eight trustees [appointed by the governor in
accordance with the following procedure:
(1) Five trustees, one of whom shall
represent retirees, to represent employee-beneficiaries and to be selected as
follows:
(A) Three trustees shall be
appointed from a list of two nominees per trustee selected by each of the three
exclusive representative organizations that have the largest number of
employee-beneficiaries;
(B) One trustee shall be appointed
from a list of two nominees selected by mutual agreement of the remaining
exclusive employee representative organizations; and
(C) One trustee representing
retirees shall be appointed from a list of two nominees selected by mutual
agreement of all eligible exclusive representatives; and
(2) Five trustees to represent public
employers.
Section 26-34 shall not apply to board
member selection and terms. Notwithstanding any other provision of this
section, no exclusive representative of a bargaining unit that sponsors or
participates in a voluntary employee beneficiary association shall be eligible
to select nominees or to be represented by a trustee on the board.] as
follows:
(1) The director of finance or the director's designee, who shall serve as an ex officio trustee;
(2) Three trustees who shall be general employees, to be appointed by the three exclusive representative organizations that have the largest number of employee-beneficiaries; provided that each of the three exclusive representative organizations shall appoint one trustee;
(3) One trustee who shall be a retiree, to be appointed by mutual agreement of all exclusive representative organizations that do not appoint a trustee pursuant to subsection (2);
(4) One trustee who shall be a citizen of the State with at least three years of experience in the health care field, to be appointed by the governor, with the advice and consent of the senate;
(5) One trustee who shall be a citizen of the State with at least three years of experience in the investment field, to be appointed by the governor, with the advice and consent of the senate; and
(6) One trustee who shall be a citizen of the State, to be appointed by the governor, with the advice and consent of the senate.
As used in this section[, the term "exclusive
representative"]:
"Exclusive representative" shall have the same meaning as in section 89-2.
"General employee" includes police officers and fire fighters."
SECTION 2. Section 87A-6, Hawaii Revised Statutes, is amended to read as follows:
"§87A-6 Term of a trustee; vacancy.
[The] (a) Not including the ex officio trustee, the term of
office of each trustee shall be [four] six years; provided that a
trustee may be reappointed for one additional consecutive [four-year] six-year
term.
(b) Not including the ex officio trustee, the trustees shall serve staggered terms; provided that the initial appointments shall be as follows: the trustees listed in section 87A-5(2) shall serve a term of six years; the trustee listed in section 87A-5(3) shall serve a term of five years; the trustee listed in section 87A-5(4) shall serve a term of four years; the trustee listed in section 87A-5(5) shall serve a term of three years; and the trustee listed in section 87A-5(6) shall serve a term of two years.
(c) A vacancy on the board shall be
filled in the same manner as the trustee who vacated that position was [nominated
or] appointed; provided that the criteria used for [nominating or]
appointing the successor shall be the same criteria used for [nominating or]
appointing the person's predecessor[; provided further that vacancies on the
board for each trustee position representing retirees and
employee-beneficiaries appointed under section 87A-5(1)(A) and (B) shall be
filled by appointment of the governor as follows:
(1) If a vacancy occurs in one of the
trustee positions described in section 87A-5(1)(A), then the vacancy shall be
appointed from a list of two nominees submitted by the exclusive employee
representative from among the three largest exclusive employee representatives
that does not have a trustee among the three trustee positions;
(2) If a vacancy occurs in a trustee
position described in section 87A-5(1)(B), then the vacancy shall be appointed
from a list of two nominees submitted by mutual agreement of the exclusive
employee representatives described in section 87A-5(1)(B); and
(3) If a vacancy occurs in the retiree
position described in section 87A-5(1)(C), then the vacancy shall be appointed
from a list of two nominees submitted by mutual agreement of all eligible
exclusive employee representatives].
(d) If by the end of a trustee's term the trustee is not reappointed or the trustee's successor is not appointed, the trustee shall serve until the trustee's successor is appointed."
SECTION 3. Section 87A-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-11[]] Quorum;
board actions; voting. (a) [Six trustees, three of whom represent the
public employer and three of whom represent employee-beneficiaries,] Five
trustees shall constitute a quorum for the transaction of business.
[(b) Trustees representing the public
employers shall collectively have one vote. Trustees representing the
employee-beneficiaries shall collectively have one vote.
For any vote of the trustees representing
the public employers to be valid, three of these trustees must concur to cast
such a vote. In the absence of such concurrence, the trustees representing the
public employers shall be deemed to have abstained from voting.
For any vote of the trustees representing
the employee-beneficiaries to be valid, three of these trustees must concur to
cast such a vote. In the absence of such concurrence, the trustees
representing the employee-beneficiaries shall be deemed to have abstained from
voting.
An abstention shall not be counted as either
a vote in favor or against a matter before the board.
(c)] (b) Any action [taken]
by the board [shall] may be taken by [the concurrence
of at least two votes] a vote of the majority at a meeting. [In
the event of a tie vote on any motion, the motion shall fail. Upon the
concurrence of six trustees, the board shall participate in dispute resolution.]"
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.
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INTRODUCED BY: |
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Report Title:
Employer-Union Health Benefits Trust Fund; Board of Trustees
Description:
Amends the membership, term length, and quorum requirements of the EUTF board of trustees
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
