Alaska 2025-2026 Regular Session

Alaska Senate Bill SB5 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 SB0005A -1- SB 5
33 New Text Underlined [DELETED TEXT BRACKETED]
44
55 34-LS0041\A
66
77
88
99
1010
1111 SENATE BILL NO. 5
1212
1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1616
1717 BY SENATOR HUGHES
1818
1919 Introduced: 1/10/25
2020 Referred: Prefiled
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
2727 "An Act relating to group insurance coverage and self-insurance coverage for school 1
2828 district employees, employees of the University of Alaska, and employees of other 2
2929 governmental units in the state; and providing for an effective date." 3
3030 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
3131 * Section 1. AS 14.08.101 is amended to read: 5
3232 Sec. 14.08.101. Powers. A regional school board may 6
3333 (1) sue and be sued; 7
3434 (2) contract with the department, the Bureau of Indian Affairs, or any 8
3535 other school district, agency, or regional board for the provision of services, facilities, 9
3636 supplies, or utilities; 10
3737 (3) determine its own fiscal procedures, including policies and 11
3838 procedures for the purchase of supplies and equipment; the regional school boards are 12
3939 exempt from AS 37.05 (Fiscal Procedures Act) and AS 36.30 (State Procurement 13
4040 Code); 14 34-LS0041\A
4141 SB 5 -2- SB0005A
4242 New Text Underlined [DELETED TEXT BRACKETED]
4343
4444 (4) appoint, compensate, and otherwise control all school employees in 1
4545 accordance with this title; these employees are not subject to AS 39.25 (State 2
4646 Personnel Act); 3
4747 (5) adopt regulations governing organization, policies, and procedures 4
4848 for the operation of the schools; 5
4949 (6) establish, maintain, operate, discontinue, and combine schools 6
5050 subject to the approval of the commissioner; 7
5151 (7) recommend to the department projects for construction, 8
5252 rehabilitation, and improvement of schools and education-related facilities as specified 9
5353 in AS 14.11.011(b), and plan, design, and construct the project when the responsibility 10
5454 for it is assumed under AS 14.11.020; 11
5555 (8) by resolution adopted by a majority of all the members of the board 12
5656 and provided to the commissioner of the department, assume ownership of all land and 13
5757 buildings used in relation to the schools in the regional educational attendance area, as 14
5858 provided for in AS 14.08.151(b); 15
5959 (9) provide housing for rental to teachers, by leasing existing housing 16
6060 from a local agency or individual, by entering into contractual arrangements with a 17
6161 local agency or individual to lease housing that will be constructed by the local agency 18
6262 or individual for that purpose, or, without using for the purpose that portion of public 19
6363 school funding that consists of state aid provided under AS 14.17, by constructing or 20
6464 otherwise acquiring housing that is owned and managed by the regional educational 21
6565 attendance area for rental to teachers; 22
6666 (10) employ a chief school administrator; 23
6767 (11) apply for and use the proceeds of a loan from the Alaska energy 24
6868 efficiency revolving loan fund (AS 18.56.855); 25
6969 (12) establish and maintain participation in a policy of insurance 26
7070 as authorized by AS 14.27.010; 27
7171 (13) exercise those other functions that may be necessary for the 28
7272 proper performance of its responsibilities. 29
7373 * Sec. 2. AS 14.14.090 is amended to read: 30
7474 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 31 34-LS0041\A
7575 SB0005A -3- SB 5
7676 New Text Underlined [DELETED TEXT BRACKETED]
7777
7878 board shall 1
7979 (1) determine and disburse the total amount to be made available for 2
8080 compensation of all school employees and administrative officers, including, when 3
8181 applicable, the amount necessary to pay for the district's participation in a policy 4
8282 of insurance under AS 14.27.010; 5
8383 (2) provide for, during the school term of each year, an educational 6
8484 program for each school age child who is enrolled in or a resident of the district; 7
8585 (3) withhold the salary for the last month of service of a teacher or 8
8686 administrator until the teacher or administrator has submitted all summaries, statistics, 9
8787 and reports that the school board may require by bylaws; 10
8888 (4) transmit, when required by the assembly or council but not more 11
8989 often than once a month, a summary report and statement of money expended; 12
9090 (5) keep the minutes of meetings and a record of all proceedings of the 13
9191 school board in a pertinent form; 14
9292 (6) keep the records and files of the school board open to inspection by 15
9393 the public at the principal administrative office of the district during reasonable 16
9494 business hours; 17
9595 (7) establish procedures for the review and selection of all textbooks 18
9696 and instructional materials at least once every 10 years, including textbooks and 19
9797 curriculum materials for statewide correspondence programs, before they are 20
9898 introduced into the school curriculum; the review includes a review for violations of 21
9999 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 22
100100 the parent or guardian of a correspondence study student, from privately obtaining or 23
101101 using textbooks or curriculum material not provided by the school district; 24
102102 (8) provide prospective employees with information relating to the 25
103103 availability and cost of housing in rural areas to which they might be assigned [,] and, 26
104104 when possible, assist them in locating housing; however, nothing in this paragraph 27
105105 requires a school district to provide teacher housing, whether district owned, leased, 28
106106 rented, or through other means, nor does it require a school board to engage in a 29
107107 subsidy program of any kind regarding teacher housing; 30
108108 (9) train persons required to report under AS 47.17.020 [,] in the 31 34-LS0041\A
109109 SB 5 -4- SB0005A
110110 New Text Underlined [DELETED TEXT BRACKETED]
111111
112112 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 1
113113 (10) provide for the development and implementation of a preventive 2
114114 maintenance program for school facilities; in this paragraph, "preventive maintenance" 3
115115 means scheduled maintenance actions that prevent the premature failure or extend the 4
116116 useful life of a facility, or a facility's systems and components, and that are cost-5
117117 effective on a life-cycle basis; 6
118118 (11) establish procedures for providing the training under 7
119119 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 8
120120 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 9
121121 paragraph must include a training schedule that ensures that not less than 50 percent of 10
122122 the total certificated staff employed by the district receive all of the training not less 11
123123 than every two years and that all of the certificated staff employed by the district 12
124124 receive all of the training not less than every four years. 13
125125 * Sec. 3. AS 14.17.300 is amended by adding new subsections to read: 14
126126 (c) Notwithstanding (a) and (b) of this section, the commissioner of 15
127127 administration 16
128128 (1) may expend from the public education fund to the group health and 17
129129 life benefits fund under AS 39.30.095 amounts necessary for the commissioner of 18
130130 administration to pay claims submitted by district employees who are covered by a 19
131131 policy of self-insurance that is provided by the Department of Administration under 20
132132 AS 39.30.091; 21
133133 (2) shall, over a period of 10 years from the date the first expenditure 22
134134 authorized under this subsection occurs, reimburse the public education fund for 23
135135 money expended under this section from the public education fund using 24
136136 appropriations for that purpose. 25
137137 (d) Total expenditures from the public education fund under (c) of this section 26
138138 may not exceed $100,000,000. 27
139139 * Sec. 4. AS 14 is amended by adding a new chapter to read: 28
140140 Chapter 27. University and School District Employee Health Insurance. 29
141141 Sec. 14.27.010. University and school district employee group health 30
142142 insurance. (a) A school employer may elect to participate in a policy of insurance
143143 31 34-LS0041\A
144144 SB0005A -5- SB 5
145145 New Text Underlined [DELETED TEXT BRACKETED]
146146
147147 selected by the commissioner of administration that includes health insurance 1
148148 coverage of school employees. If a school employer makes that election, the 2
149149 commissioner of administration shall select either a policy of group insurance under 3
150150 AS 39.30.090 that covers state employees and school employees or a policy of self-4
151151 insurance provided by the Department of Administration under AS 39.30.091 that 5
152152 provides insurance coverage to state employees and school employees. 6
153153 (b) Subject to (e) of this section, a participating school employer shall 7
154154 contribute to the group health and life benefits fund established under AS 39.30.095 an 8
155155 amount equal to the combined employer and employee contribution rates set by the 9
156156 commissioner of administration under AS 39.30.095(b). 10
157157 (c) In addition to the contribution required under (b) of this section and the 11
158158 reimbursement required under (d) of this section, a participating school employer shall 12
159159 reimburse the Department of Administration an amount equal to the state's cost, if any, 13
160160 of procuring necessary excess loss insurance in connection with coverage of the 14
161161 school employees under AS 39.30.091. 15
162162 (d) In addition to the contribution required under (b) of this section and the 16
163163 reimbursement required under (c) of this section, a participating school employer shall 17
164164 reimburse the Department of Administration the cost of paying insurance claims for 18
165165 the first four months school employees are covered by a policy of self-insurance under 19
166166 AS 39.30.091. The commissioner of administration shall allow the reimbursement to 20
167167 be made in equal installments over a period not to exceed 10 years from the date the 21
168168 school employer's participation in the policy begins. 22
169169 (e) Subject to AS 23.40.070 - 23.40.260 (Public Employment Relations Act), 23
170170 a participating school employer may require school employees to pay some or all of 24
171171 the school employer's contribution under (b) of this section and reimbursement under 25
172172 (c) and (d) of this section. 26
173173 (f) In this section, 27
174174 (1) "school employee" means a person employed by a municipal 28
175175 school district, a regional educational attendance area, or the University of Alaska; 29
176176 (2) "school employer" means a municipal school district, a regional 30
177177 educational attendance area, or the University of Alaska.
178178 31 34-LS0041\A
179179 SB 5 -6- SB0005A
180180 New Text Underlined [DELETED TEXT BRACKETED]
181181
182182 * Sec. 5. AS 14.40.170(b) is amended to read: 1
183183 (b) The Board of Regents may 2
184184 (1) adopt reasonable rules, orders, and plans with reasonable penalties 3
185185 for the good government of the university and for the regulation of the Board of 4
186186 Regents; 5
187187 (2) determine and regulate the course of instruction in the university 6
188188 with the advice of the president; 7
189189 (3) set student tuition and fees; 8
190190 (4) receive university receipts and, subject to legislative appropriation, 9
191191 expend university receipts in accordance with AS 37.07 (Executive Budget Act); 10
192192 (5) apply for and use the proceeds of a loan from the Alaska energy 11
193193 efficiency revolving loan fund (AS 18.56.855); 12
194194 (6) establish and maintain participation in an insurance policy that 13
195195 includes health insurance, as authorized under AS 14.27.010, to cover persons 14
196196 employed by the university. 15
197197 * Sec. 6. AS 39.30.090(a) is amended to read: 16
198198 (a) The Department of Administration may obtain a policy or policies of group 17
199199 insurance covering state employees, persons entitled to coverage under AS 14.25.168, 18
200200 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, 19
201201 employees of other participating governmental units, or persons entitled to coverage 20
202202 under AS 23.15.136, subject to the following conditions: 21
203203 (1) a group insurance policy shall provide one or more of the following 22
204204 benefits: life insurance, accidental death and dismemberment insurance, weekly 23
205205 indemnity insurance, hospital expense insurance, surgical expense insurance, dental 24
206206 expense insurance, audiovisual insurance, or other medical care insurance; 25
207207 (2) each eligible employee of the state or other participating 26
208208 governmental unit and [,] the spouse and the unmarried children chiefly dependent 27
209209 on the eligible employee for support [, AND EACH ELIGIBLE EMPLOYEE OF 28
210210 ANOTHER PARTICIPATING GOVERNMENTAL UNIT] shall be covered by th e 29
211211 group policy, unless exempt under regulations adopted by the commissioner of 30
212212 administration; 31 34-LS0041\A
213213 SB0005A -7- SB 5
214214 New Text Underlined [DELETED TEXT BRACKETED]
215215
216216 (3) a governmental unit may participate under a group policy if 1
217217 (A) its governing body adopts a resolution authorizing 2
218218 participation and payment of required premiums; 3
219219 (B) a certified copy of the resolution is filed with the 4
220220 Department of Administration; and 5
221221 (C) the commissioner of administration approves the 6
222222 participation in writing; 7
223223 (4) in procuring a policy of group health or group life insurance as 8
224224 provided under this section or excess loss insurance as provided in AS 39.30.091, the 9
225225 Department of Administration shall comply with the dual choice requirements of 10
226226 AS 21.86.310 [,] and shall obtain the insurance policy from an insurer authorized to 11
227227 transact business in the state under AS 21.09, a hospital or medical service corporation 12
228228 authorized to transact business in this state under AS 21.87, or a health maintenance 13
229229 organization authorized to operate in this state under AS 21.86; an excess loss 14
230230 insurance policy may be obtained from a life or health insurer authorized to transact 15
231231 business in this state under AS 21.09 or from a hospital or medical service corporation 16
232232 authorized to transact business in this state under AS 21.87; 17
233233 (5) the Department of Administration shall make available bid 18
234234 specifications for desired insurance benefits or for administration of benefit claims and 19
235235 payments to (A) all insurance carriers authorized to transact business in this state 20
236236 under AS 21.09 and all hospital or medical service corporations authorized to transact 21
237237 business under AS 21.87 who are qualified to provide the desired benefits; and (B) 22
238238 insurance carriers authorized to transact business in this state under AS 21.09, hospital 23
239239 or medical service corporations authorized to transact business under AS 21.87, and 24
240240 third-party administrators licensed to transact business in this state and qualified to 25
241241 provide administrative services; the specifications shall be made available at least once 26
242242 every five years; the lowest responsible bid submitted by an insurance carrier, hospital 27
243243 or medical service corporation, or third-party administrator with adequate servicing 28
244244 facilities shall govern selection of a carrier, hospital or medical service corporation, or 29
245245 third-party administrator under this section or the selection of an insurance carrier or a 30
246246 hospital or medical service corporation to provide excess loss insurance as provided in
247247 31 34-LS0041\A
248248 SB 5 -8- SB0005A
249249 New Text Underlined [DELETED TEXT BRACKETED]
250250
251251 AS 39.30.091; 1
252252 (6) if the aggregate of dividends payable under the group insurance 2
253253 policy exceeds the governmental unit's share of the premium, the excess shall be 3
254254 applied by the governmental unit for the sole benefit of the employees; 4
255255 (7) a person receiving benefits under AS 14.25.110, AS 22.25, 5
256256 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in 6
257257 effect under this section at the time of termination of employment with the state or 7
258258 participating governmental unit; 8
259259 (8) a person electing to have insurance under (7) of this subsection 9
260260 shall pay the cost of this insurance; 10
261261 (9) for each permanent part-time employee electing coverage under 11
262262 this section, the state shall contribute one-half the state contribution rate for permanent 12
263263 full-time state employees, and the permanent part-time employee shall contribute the 13
264264 other one-half; 14
265265 (10) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 15
266266 or former AS 39.37 may obtain auditory, visual, and dental insurance for that person 16
267267 and eligible dependents under this section; the level of coverage for persons over 65 17
268268 shall be the same as that available before reaching age 65 except that the benefits 18
269269 payable shall be supplemental to any benefits provided under the federal old age, 19
270270 survivors, and disability insurance program; a person electing to have insurance under 20
271271 this paragraph shall pay the cost of the insurance; the commissioner of administration 21
272272 shall adopt regulations implementing this paragraph; 22
273273 (11) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 23
274274 or former AS 39.37 may obtain long-term care insurance for that person and eligible 24
275275 dependents under this section; a person who elects insurance under this paragraph 25
276276 shall pay the cost of the insurance premium; the commissioner of administration shall 26
277277 adopt regulations to implement this paragraph; 27
278278 (12) each licensee holding a current operating agreement for a vending 28
279279 facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that 29
280280 applies to governmental units other than the state. 30
281281 * Sec. 7. AS 39.30.090(b)(2) is amended to read: 31 34-LS0041\A
282282 SB0005A -9- SB 5
283283 New Text Underlined [DELETED TEXT BRACKETED]
284284
285285 (2) "governmental unit" means the state, a municipality, a school 1
286286 district, the University of Alaska, or other political subdivision of the state, and the 2
287287 North Pacific Fishery Management Council; 3
288288 * Sec. 8. AS 39.30.090(b) is amended by adding a new paragraph to read: 4
289289 (4) "school district" means a municipal school district or regional 5
290290 educational attendance area. 6
291291 * Sec. 9. AS 39.30.091 is amended to read: 7
292292 Sec. 39.30.091. Authorization for self-insurance and excess loss insurance. 8
293293 Notwithstanding AS 21.86.310 or AS 39.30.090, the Department of Administration 9
294294 may provide, by means of self-insurance, one or more of the benefits listed in 10
295295 AS 39.30.090(a)(1) for [STATE] employees eligible under AS 39.30.090(a) [FOR 11
296296 THE BENEFITS BY LAW] or under a collective bargaining agreement and for 12
297297 persons receiving benefits under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37 13
298298 [,] and their dependents. The department shall procure any necessary excess loss 14
299299 insurance under AS 39.30.090. 15
300300 * Sec. 10. AS 39.30.091 is amended by adding a new subsection to read: 16
301301 (b) If the Department of Administration is required by (a) of this section to 17
302302 procure excess loss insurance in connection with coverage of employees who are not 18
303303 state employees, the department may allocate the cost of that insurance across all 19
304304 employers, other than the state, that participate in self-insurance provided by the 20
305305 department under this section. 21
306306 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22
307307 read: 23
308308 APPLICABILITY. Sections 1 - 10 of this Act apply to a contract or collective 24
309309 bargaining agreement that becomes legally binding on or after the effective date of secs. 1 - 25
310310 10 of this Act. 26
311311 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 27
312312 read: 28
313313 TRANSITION. Not later than 30 days after enrolling in a health care plan 29
314314 administered by the state under AS 39.30.090 or 39.30.091, a governmental unit that, before 30
315315 the effective date of this section, maintains a self-funded insurance reserve for the purpose of 31 34-LS0041\A
316316 SB 5 -10- SB0005A
317317 New Text Underlined [DELETED TEXT BRACKETED]
318318
319319 paying employee health insurance claims shall transfer the closing balance of that reserve to 1
320320 the group health and life benefits fund under AS 39.30.095. An amount transferred under this 2
321321 section by a governmental unit that is a school district shall be applied to offset 3
322322 reimbursement owed by that school district under AS 14.27.010(d), enacted by sec. 4 of this 4
323323 Act. In this section, "governmental unit" has the meaning given in AS 39.30.090(b). 5
324324 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 6
325325 read: 7
326326 REGULATIONS. The commissioner of administration shall adopt regulations 8
327327 necessary to implement the changes made by this Act. The regulations may not take effect 9
328328 before the effective date of the law implemented by the regulation. 10
329329 * Sec. 14. Sections 12 and 13 of this Act take effect immediately under AS 01.10.070(c). 11
330330 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect July 1, 2026. 12