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2 | 2 | | SB0005A -1- SB 5 |
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4 | 4 | | |
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5 | 5 | | 34-LS0041\A |
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10 | 10 | | |
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11 | 11 | | SENATE BILL NO. 5 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY SENATOR HUGHES |
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18 | 18 | | |
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19 | 19 | | Introduced: 1/10/25 |
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20 | 20 | | Referred: Prefiled |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to group insurance coverage and self-insurance coverage for school 1 |
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28 | 28 | | district employees, employees of the University of Alaska, and employees of other 2 |
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29 | 29 | | governmental units in the state; and providing for an effective date." 3 |
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30 | 30 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
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31 | 31 | | * Section 1. AS 14.08.101 is amended to read: 5 |
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32 | 32 | | Sec. 14.08.101. Powers. A regional school board may 6 |
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33 | 33 | | (1) sue and be sued; 7 |
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34 | 34 | | (2) contract with the department, the Bureau of Indian Affairs, or any 8 |
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35 | 35 | | other school district, agency, or regional board for the provision of services, facilities, 9 |
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36 | 36 | | supplies, or utilities; 10 |
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37 | 37 | | (3) determine its own fiscal procedures, including policies and 11 |
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38 | 38 | | procedures for the purchase of supplies and equipment; the regional school boards are 12 |
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39 | 39 | | exempt from AS 37.05 (Fiscal Procedures Act) and AS 36.30 (State Procurement 13 |
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40 | 40 | | Code); 14 34-LS0041\A |
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43 | 43 | | |
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44 | 44 | | (4) appoint, compensate, and otherwise control all school employees in 1 |
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45 | 45 | | accordance with this title; these employees are not subject to AS 39.25 (State 2 |
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46 | 46 | | Personnel Act); 3 |
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47 | 47 | | (5) adopt regulations governing organization, policies, and procedures 4 |
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48 | 48 | | for the operation of the schools; 5 |
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49 | 49 | | (6) establish, maintain, operate, discontinue, and combine schools 6 |
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50 | 50 | | subject to the approval of the commissioner; 7 |
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51 | 51 | | (7) recommend to the department projects for construction, 8 |
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52 | 52 | | rehabilitation, and improvement of schools and education-related facilities as specified 9 |
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53 | 53 | | in AS 14.11.011(b), and plan, design, and construct the project when the responsibility 10 |
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54 | 54 | | for it is assumed under AS 14.11.020; 11 |
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55 | 55 | | (8) by resolution adopted by a majority of all the members of the board 12 |
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56 | 56 | | and provided to the commissioner of the department, assume ownership of all land and 13 |
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57 | 57 | | buildings used in relation to the schools in the regional educational attendance area, as 14 |
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58 | 58 | | provided for in AS 14.08.151(b); 15 |
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59 | 59 | | (9) provide housing for rental to teachers, by leasing existing housing 16 |
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60 | 60 | | from a local agency or individual, by entering into contractual arrangements with a 17 |
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61 | 61 | | local agency or individual to lease housing that will be constructed by the local agency 18 |
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62 | 62 | | or individual for that purpose, or, without using for the purpose that portion of public 19 |
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63 | 63 | | school funding that consists of state aid provided under AS 14.17, by constructing or 20 |
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64 | 64 | | otherwise acquiring housing that is owned and managed by the regional educational 21 |
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65 | 65 | | attendance area for rental to teachers; 22 |
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66 | 66 | | (10) employ a chief school administrator; 23 |
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67 | 67 | | (11) apply for and use the proceeds of a loan from the Alaska energy 24 |
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68 | 68 | | efficiency revolving loan fund (AS 18.56.855); 25 |
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69 | 69 | | (12) establish and maintain participation in a policy of insurance 26 |
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70 | 70 | | as authorized by AS 14.27.010; 27 |
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71 | 71 | | (13) exercise those other functions that may be necessary for the 28 |
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72 | 72 | | proper performance of its responsibilities. 29 |
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73 | 73 | | * Sec. 2. AS 14.14.090 is amended to read: 30 |
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74 | 74 | | Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 31 34-LS0041\A |
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77 | 77 | | |
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78 | 78 | | board shall 1 |
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79 | 79 | | (1) determine and disburse the total amount to be made available for 2 |
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80 | 80 | | compensation of all school employees and administrative officers, including, when 3 |
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81 | 81 | | applicable, the amount necessary to pay for the district's participation in a policy 4 |
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82 | 82 | | of insurance under AS 14.27.010; 5 |
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83 | 83 | | (2) provide for, during the school term of each year, an educational 6 |
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84 | 84 | | program for each school age child who is enrolled in or a resident of the district; 7 |
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85 | 85 | | (3) withhold the salary for the last month of service of a teacher or 8 |
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86 | 86 | | administrator until the teacher or administrator has submitted all summaries, statistics, 9 |
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87 | 87 | | and reports that the school board may require by bylaws; 10 |
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88 | 88 | | (4) transmit, when required by the assembly or council but not more 11 |
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89 | 89 | | often than once a month, a summary report and statement of money expended; 12 |
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90 | 90 | | (5) keep the minutes of meetings and a record of all proceedings of the 13 |
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91 | 91 | | school board in a pertinent form; 14 |
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92 | 92 | | (6) keep the records and files of the school board open to inspection by 15 |
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93 | 93 | | the public at the principal administrative office of the district during reasonable 16 |
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94 | 94 | | business hours; 17 |
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95 | 95 | | (7) establish procedures for the review and selection of all textbooks 18 |
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96 | 96 | | and instructional materials at least once every 10 years, including textbooks and 19 |
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97 | 97 | | curriculum materials for statewide correspondence programs, before they are 20 |
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98 | 98 | | introduced into the school curriculum; the review includes a review for violations of 21 |
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99 | 99 | | AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 22 |
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100 | 100 | | the parent or guardian of a correspondence study student, from privately obtaining or 23 |
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101 | 101 | | using textbooks or curriculum material not provided by the school district; 24 |
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102 | 102 | | (8) provide prospective employees with information relating to the 25 |
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103 | 103 | | availability and cost of housing in rural areas to which they might be assigned [,] and, 26 |
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104 | 104 | | when possible, assist them in locating housing; however, nothing in this paragraph 27 |
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105 | 105 | | requires a school district to provide teacher housing, whether district owned, leased, 28 |
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106 | 106 | | rented, or through other means, nor does it require a school board to engage in a 29 |
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107 | 107 | | subsidy program of any kind regarding teacher housing; 30 |
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108 | 108 | | (9) train persons required to report under AS 47.17.020 [,] in the 31 34-LS0041\A |
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111 | 111 | | |
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112 | 112 | | recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 1 |
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113 | 113 | | (10) provide for the development and implementation of a preventive 2 |
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114 | 114 | | maintenance program for school facilities; in this paragraph, "preventive maintenance" 3 |
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115 | 115 | | means scheduled maintenance actions that prevent the premature failure or extend the 4 |
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116 | 116 | | useful life of a facility, or a facility's systems and components, and that are cost-5 |
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117 | 117 | | effective on a life-cycle basis; 6 |
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118 | 118 | | (11) establish procedures for providing the training under 7 |
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119 | 119 | | AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 8 |
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120 | 120 | | AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 9 |
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121 | 121 | | paragraph must include a training schedule that ensures that not less than 50 percent of 10 |
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122 | 122 | | the total certificated staff employed by the district receive all of the training not less 11 |
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123 | 123 | | than every two years and that all of the certificated staff employed by the district 12 |
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124 | 124 | | receive all of the training not less than every four years. 13 |
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125 | 125 | | * Sec. 3. AS 14.17.300 is amended by adding new subsections to read: 14 |
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126 | 126 | | (c) Notwithstanding (a) and (b) of this section, the commissioner of 15 |
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127 | 127 | | administration 16 |
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128 | 128 | | (1) may expend from the public education fund to the group health and 17 |
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129 | 129 | | life benefits fund under AS 39.30.095 amounts necessary for the commissioner of 18 |
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130 | 130 | | administration to pay claims submitted by district employees who are covered by a 19 |
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131 | 131 | | policy of self-insurance that is provided by the Department of Administration under 20 |
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132 | 132 | | AS 39.30.091; 21 |
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133 | 133 | | (2) shall, over a period of 10 years from the date the first expenditure 22 |
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134 | 134 | | authorized under this subsection occurs, reimburse the public education fund for 23 |
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135 | 135 | | money expended under this section from the public education fund using 24 |
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136 | 136 | | appropriations for that purpose. 25 |
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137 | 137 | | (d) Total expenditures from the public education fund under (c) of this section 26 |
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138 | 138 | | may not exceed $100,000,000. 27 |
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139 | 139 | | * Sec. 4. AS 14 is amended by adding a new chapter to read: 28 |
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140 | 140 | | Chapter 27. University and School District Employee Health Insurance. 29 |
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141 | 141 | | Sec. 14.27.010. University and school district employee group health 30 |
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142 | 142 | | insurance. (a) A school employer may elect to participate in a policy of insurance |
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146 | 146 | | |
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147 | 147 | | selected by the commissioner of administration that includes health insurance 1 |
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148 | 148 | | coverage of school employees. If a school employer makes that election, the 2 |
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149 | 149 | | commissioner of administration shall select either a policy of group insurance under 3 |
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150 | 150 | | AS 39.30.090 that covers state employees and school employees or a policy of self-4 |
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151 | 151 | | insurance provided by the Department of Administration under AS 39.30.091 that 5 |
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152 | 152 | | provides insurance coverage to state employees and school employees. 6 |
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153 | 153 | | (b) Subject to (e) of this section, a participating school employer shall 7 |
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154 | 154 | | contribute to the group health and life benefits fund established under AS 39.30.095 an 8 |
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155 | 155 | | amount equal to the combined employer and employee contribution rates set by the 9 |
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156 | 156 | | commissioner of administration under AS 39.30.095(b). 10 |
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157 | 157 | | (c) In addition to the contribution required under (b) of this section and the 11 |
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158 | 158 | | reimbursement required under (d) of this section, a participating school employer shall 12 |
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159 | 159 | | reimburse the Department of Administration an amount equal to the state's cost, if any, 13 |
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160 | 160 | | of procuring necessary excess loss insurance in connection with coverage of the 14 |
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161 | 161 | | school employees under AS 39.30.091. 15 |
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162 | 162 | | (d) In addition to the contribution required under (b) of this section and the 16 |
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163 | 163 | | reimbursement required under (c) of this section, a participating school employer shall 17 |
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164 | 164 | | reimburse the Department of Administration the cost of paying insurance claims for 18 |
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165 | 165 | | the first four months school employees are covered by a policy of self-insurance under 19 |
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166 | 166 | | AS 39.30.091. The commissioner of administration shall allow the reimbursement to 20 |
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167 | 167 | | be made in equal installments over a period not to exceed 10 years from the date the 21 |
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168 | 168 | | school employer's participation in the policy begins. 22 |
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169 | 169 | | (e) Subject to AS 23.40.070 - 23.40.260 (Public Employment Relations Act), 23 |
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170 | 170 | | a participating school employer may require school employees to pay some or all of 24 |
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171 | 171 | | the school employer's contribution under (b) of this section and reimbursement under 25 |
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172 | 172 | | (c) and (d) of this section. 26 |
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173 | 173 | | (f) In this section, 27 |
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174 | 174 | | (1) "school employee" means a person employed by a municipal 28 |
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175 | 175 | | school district, a regional educational attendance area, or the University of Alaska; 29 |
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176 | 176 | | (2) "school employer" means a municipal school district, a regional 30 |
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177 | 177 | | educational attendance area, or the University of Alaska. |
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181 | 181 | | |
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182 | 182 | | * Sec. 5. AS 14.40.170(b) is amended to read: 1 |
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183 | 183 | | (b) The Board of Regents may 2 |
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184 | 184 | | (1) adopt reasonable rules, orders, and plans with reasonable penalties 3 |
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185 | 185 | | for the good government of the university and for the regulation of the Board of 4 |
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186 | 186 | | Regents; 5 |
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187 | 187 | | (2) determine and regulate the course of instruction in the university 6 |
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188 | 188 | | with the advice of the president; 7 |
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189 | 189 | | (3) set student tuition and fees; 8 |
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190 | 190 | | (4) receive university receipts and, subject to legislative appropriation, 9 |
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191 | 191 | | expend university receipts in accordance with AS 37.07 (Executive Budget Act); 10 |
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192 | 192 | | (5) apply for and use the proceeds of a loan from the Alaska energy 11 |
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193 | 193 | | efficiency revolving loan fund (AS 18.56.855); 12 |
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194 | 194 | | (6) establish and maintain participation in an insurance policy that 13 |
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195 | 195 | | includes health insurance, as authorized under AS 14.27.010, to cover persons 14 |
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196 | 196 | | employed by the university. 15 |
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197 | 197 | | * Sec. 6. AS 39.30.090(a) is amended to read: 16 |
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198 | 198 | | (a) The Department of Administration may obtain a policy or policies of group 17 |
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199 | 199 | | insurance covering state employees, persons entitled to coverage under AS 14.25.168, 18 |
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200 | 200 | | 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, 19 |
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201 | 201 | | employees of other participating governmental units, or persons entitled to coverage 20 |
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202 | 202 | | under AS 23.15.136, subject to the following conditions: 21 |
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203 | 203 | | (1) a group insurance policy shall provide one or more of the following 22 |
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204 | 204 | | benefits: life insurance, accidental death and dismemberment insurance, weekly 23 |
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205 | 205 | | indemnity insurance, hospital expense insurance, surgical expense insurance, dental 24 |
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206 | 206 | | expense insurance, audiovisual insurance, or other medical care insurance; 25 |
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207 | 207 | | (2) each eligible employee of the state or other participating 26 |
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208 | 208 | | governmental unit and [,] the spouse and the unmarried children chiefly dependent 27 |
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209 | 209 | | on the eligible employee for support [, AND EACH ELIGIBLE EMPLOYEE OF 28 |
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210 | 210 | | ANOTHER PARTICIPATING GOVERNMENTAL UNIT] shall be covered by th e 29 |
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211 | 211 | | group policy, unless exempt under regulations adopted by the commissioner of 30 |
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212 | 212 | | administration; 31 34-LS0041\A |
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216 | 216 | | (3) a governmental unit may participate under a group policy if 1 |
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217 | 217 | | (A) its governing body adopts a resolution authorizing 2 |
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218 | 218 | | participation and payment of required premiums; 3 |
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219 | 219 | | (B) a certified copy of the resolution is filed with the 4 |
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220 | 220 | | Department of Administration; and 5 |
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221 | 221 | | (C) the commissioner of administration approves the 6 |
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222 | 222 | | participation in writing; 7 |
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223 | 223 | | (4) in procuring a policy of group health or group life insurance as 8 |
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224 | 224 | | provided under this section or excess loss insurance as provided in AS 39.30.091, the 9 |
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225 | 225 | | Department of Administration shall comply with the dual choice requirements of 10 |
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226 | 226 | | AS 21.86.310 [,] and shall obtain the insurance policy from an insurer authorized to 11 |
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227 | 227 | | transact business in the state under AS 21.09, a hospital or medical service corporation 12 |
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228 | 228 | | authorized to transact business in this state under AS 21.87, or a health maintenance 13 |
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229 | 229 | | organization authorized to operate in this state under AS 21.86; an excess loss 14 |
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230 | 230 | | insurance policy may be obtained from a life or health insurer authorized to transact 15 |
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231 | 231 | | business in this state under AS 21.09 or from a hospital or medical service corporation 16 |
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232 | 232 | | authorized to transact business in this state under AS 21.87; 17 |
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233 | 233 | | (5) the Department of Administration shall make available bid 18 |
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234 | 234 | | specifications for desired insurance benefits or for administration of benefit claims and 19 |
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235 | 235 | | payments to (A) all insurance carriers authorized to transact business in this state 20 |
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236 | 236 | | under AS 21.09 and all hospital or medical service corporations authorized to transact 21 |
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237 | 237 | | business under AS 21.87 who are qualified to provide the desired benefits; and (B) 22 |
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238 | 238 | | insurance carriers authorized to transact business in this state under AS 21.09, hospital 23 |
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239 | 239 | | or medical service corporations authorized to transact business under AS 21.87, and 24 |
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240 | 240 | | third-party administrators licensed to transact business in this state and qualified to 25 |
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241 | 241 | | provide administrative services; the specifications shall be made available at least once 26 |
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242 | 242 | | every five years; the lowest responsible bid submitted by an insurance carrier, hospital 27 |
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243 | 243 | | or medical service corporation, or third-party administrator with adequate servicing 28 |
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244 | 244 | | facilities shall govern selection of a carrier, hospital or medical service corporation, or 29 |
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245 | 245 | | third-party administrator under this section or the selection of an insurance carrier or a 30 |
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246 | 246 | | hospital or medical service corporation to provide excess loss insurance as provided in |
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250 | 250 | | |
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251 | 251 | | AS 39.30.091; 1 |
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252 | 252 | | (6) if the aggregate of dividends payable under the group insurance 2 |
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253 | 253 | | policy exceeds the governmental unit's share of the premium, the excess shall be 3 |
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254 | 254 | | applied by the governmental unit for the sole benefit of the employees; 4 |
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255 | 255 | | (7) a person receiving benefits under AS 14.25.110, AS 22.25, 5 |
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256 | 256 | | AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in 6 |
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257 | 257 | | effect under this section at the time of termination of employment with the state or 7 |
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258 | 258 | | participating governmental unit; 8 |
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259 | 259 | | (8) a person electing to have insurance under (7) of this subsection 9 |
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260 | 260 | | shall pay the cost of this insurance; 10 |
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261 | 261 | | (9) for each permanent part-time employee electing coverage under 11 |
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262 | 262 | | this section, the state shall contribute one-half the state contribution rate for permanent 12 |
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263 | 263 | | full-time state employees, and the permanent part-time employee shall contribute the 13 |
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264 | 264 | | other one-half; 14 |
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265 | 265 | | (10) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 15 |
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266 | 266 | | or former AS 39.37 may obtain auditory, visual, and dental insurance for that person 16 |
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267 | 267 | | and eligible dependents under this section; the level of coverage for persons over 65 17 |
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268 | 268 | | shall be the same as that available before reaching age 65 except that the benefits 18 |
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269 | 269 | | payable shall be supplemental to any benefits provided under the federal old age, 19 |
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270 | 270 | | survivors, and disability insurance program; a person electing to have insurance under 20 |
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271 | 271 | | this paragraph shall pay the cost of the insurance; the commissioner of administration 21 |
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272 | 272 | | shall adopt regulations implementing this paragraph; 22 |
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273 | 273 | | (11) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 23 |
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274 | 274 | | or former AS 39.37 may obtain long-term care insurance for that person and eligible 24 |
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275 | 275 | | dependents under this section; a person who elects insurance under this paragraph 25 |
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276 | 276 | | shall pay the cost of the insurance premium; the commissioner of administration shall 26 |
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277 | 277 | | adopt regulations to implement this paragraph; 27 |
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278 | 278 | | (12) each licensee holding a current operating agreement for a vending 28 |
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279 | 279 | | facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that 29 |
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280 | 280 | | applies to governmental units other than the state. 30 |
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281 | 281 | | * Sec. 7. AS 39.30.090(b)(2) is amended to read: 31 34-LS0041\A |
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284 | 284 | | |
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285 | 285 | | (2) "governmental unit" means the state, a municipality, a school 1 |
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286 | 286 | | district, the University of Alaska, or other political subdivision of the state, and the 2 |
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287 | 287 | | North Pacific Fishery Management Council; 3 |
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288 | 288 | | * Sec. 8. AS 39.30.090(b) is amended by adding a new paragraph to read: 4 |
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289 | 289 | | (4) "school district" means a municipal school district or regional 5 |
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290 | 290 | | educational attendance area. 6 |
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291 | 291 | | * Sec. 9. AS 39.30.091 is amended to read: 7 |
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292 | 292 | | Sec. 39.30.091. Authorization for self-insurance and excess loss insurance. 8 |
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293 | 293 | | Notwithstanding AS 21.86.310 or AS 39.30.090, the Department of Administration 9 |
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294 | 294 | | may provide, by means of self-insurance, one or more of the benefits listed in 10 |
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295 | 295 | | AS 39.30.090(a)(1) for [STATE] employees eligible under AS 39.30.090(a) [FOR 11 |
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296 | 296 | | THE BENEFITS BY LAW] or under a collective bargaining agreement and for 12 |
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297 | 297 | | persons receiving benefits under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37 13 |
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298 | 298 | | [,] and their dependents. The department shall procure any necessary excess loss 14 |
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299 | 299 | | insurance under AS 39.30.090. 15 |
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300 | 300 | | * Sec. 10. AS 39.30.091 is amended by adding a new subsection to read: 16 |
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301 | 301 | | (b) If the Department of Administration is required by (a) of this section to 17 |
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302 | 302 | | procure excess loss insurance in connection with coverage of employees who are not 18 |
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303 | 303 | | state employees, the department may allocate the cost of that insurance across all 19 |
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304 | 304 | | employers, other than the state, that participate in self-insurance provided by the 20 |
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305 | 305 | | department under this section. 21 |
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306 | 306 | | * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22 |
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307 | 307 | | read: 23 |
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308 | 308 | | APPLICABILITY. Sections 1 - 10 of this Act apply to a contract or collective 24 |
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309 | 309 | | bargaining agreement that becomes legally binding on or after the effective date of secs. 1 - 25 |
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310 | 310 | | 10 of this Act. 26 |
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311 | 311 | | * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 27 |
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312 | 312 | | read: 28 |
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313 | 313 | | TRANSITION. Not later than 30 days after enrolling in a health care plan 29 |
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314 | 314 | | administered by the state under AS 39.30.090 or 39.30.091, a governmental unit that, before 30 |
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315 | 315 | | the effective date of this section, maintains a self-funded insurance reserve for the purpose of 31 34-LS0041\A |
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318 | 318 | | |
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319 | 319 | | paying employee health insurance claims shall transfer the closing balance of that reserve to 1 |
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320 | 320 | | the group health and life benefits fund under AS 39.30.095. An amount transferred under this 2 |
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321 | 321 | | section by a governmental unit that is a school district shall be applied to offset 3 |
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322 | 322 | | reimbursement owed by that school district under AS 14.27.010(d), enacted by sec. 4 of this 4 |
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323 | 323 | | Act. In this section, "governmental unit" has the meaning given in AS 39.30.090(b). 5 |
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324 | 324 | | * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 6 |
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325 | 325 | | read: 7 |
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326 | 326 | | REGULATIONS. The commissioner of administration shall adopt regulations 8 |
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327 | 327 | | necessary to implement the changes made by this Act. The regulations may not take effect 9 |
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328 | 328 | | before the effective date of the law implemented by the regulation. 10 |
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329 | 329 | | * Sec. 14. Sections 12 and 13 of this Act take effect immediately under AS 01.10.070(c). 11 |
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330 | 330 | | * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect July 1, 2026. 12 |
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