Legislature(2023 - 2024)

2023-05-11 Senate Journal

Full Journal pdf

2023-05-11                     Senate Journal                      Page 1058
SB 52                                                                                                                         
CS FOR SENATE BILL NO. 52(FIN) "An Act relating to education;                                                                   
requiring the Department of Education and Early Development to                                                                  
provide information relating to public schools on an Internet website;                                                          
relating to information on the post-secondary education, career path,                                                           
and residency of graduates from high schools in the state; relating to                                                          
transportation of students; relating to state funding for districts                                                             
operating residential schools; increasing the base student allocation;                                                          
and providing for an effective date." was read the third time.                                                                  
                                                                                                                                
Senator Hughes moved the bill be returned to second reading for                                                                 
amendments. Without objection, the bill was returned to second                                                                  
reading.                                                                                                                        
                                                                                                                                
Senator Hughes offered Amendment No. 1 :                                                                                         
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to school funding;"                                                                                     
                                                                                                                                
Page 5, line 22, following "AS 14.03.120(m)":                                                                               
     Insert ";                                                                                                              
              (21)  establish by regulation, after consultation with                                                        
     the board, district standards for improving student                                                                    
     proficiency on standards-based assessments required by the                                                             
     department under AS 14.03.123(f)"                                                                                      
                                                                                                                                
Page 8, line 6, following "AS 14.03.120(m)":                                                                                
     Insert ";                                                                                                              
              (19)  establish by regulation, after consultation with                                                        
     the board, district standards for improving student                                                                    
     proficiency on standards-based assessments required by the                                                             
     department under AS 14.03.123(f)"                                                                                      
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 7. AS 14.17 is amended by adding a new section to article 2                                                           
to read:                                                                                                                        

2023-05-11                     Senate Journal                      Page 1059
          Sec. 14.17.530. Funding resulting from base student                                                                 
     allocation increase. (a) If the legislature increases the base                                                           
     student allocation in AS 14.17.470, a district shall spend in each                                                         
     subsequent fiscal year an amount equal to at least 70 percent of                                                           
     the district's increase in state aid resulting from the increase to the                                                    
     base student allocation on instruction provided by certificated                                                            
     teachers.                                                                                                                  
          (b)  If a district fails to meet the standards for improving                                                          
     student proficiency on standards-based assessments established by                                                          
     the department under AS 14.07.020(a)(21), the department shall,                                                            
     in each subsequent fiscal year, withhold payments of state aid                                                             
     from that district in an amount equal to 50 percent of the district's                                                      
     increase in state aid resulting from an increase to the base student                                                       
     allocation. If the department withholds state aid from a district                                                          
     under this subsection, the department shall provide the withheld                                                           
     funding to the district when the district meets the standards for                                                          
     improving student proficiency on standards-based assessments                                                               
     established by the department under AS 14.07.020(a)(21).                                                                   
   * Sec. 8. AS 14.17.530(b), enacted by sec. 7 of this Act, is amended                                                       
to read:                                                                                                                        
          (b)  If a district fails to meet the standards for improving                                                          
     student proficiency on standards-based assessments established by                                                          
     the department under AS 14.07.020(a)(19) [AS 14.07.020(a)(21)],                                                        
     the department shall, in each subsequent fiscal year, withhold                                                             
     payments of state aid from that district in an amount equal to 50                                                          
     percent of the district's increase in state aid resulting from an                                                          
     increase to the base student allocation. If the department withholds                                                       
     state aid from a district under this subsection, the department shall                                                      
     provide the withheld funding to the district when the district meets                                                       
     the standards for improving student proficiency on standards-                                                              
     based assessments established by the department under                                                                      
     AS 14.07.020(a)(19) [AS 14.07.020(a)(21)]."                                                                            
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 10. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1060
     APPLICABILITY. Section 7 of this Act applies to an increase to                                                             
the base student allocation set out in AS 14.17.470 that takes effect on                                                        
or after the effective date of sec. 7 of this Act."                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "Section 3 of this Act takes"                                                                                       
     Insert "Sections 3 and 8 of this Act take"                                                                                 
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 7, 10, and 11"                                                                                        
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "9"                                                                                                                 
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 1.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers, Stevens, Wilson                                                                                  
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Tobin,                                                                       
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 2 :                                                                                         
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1061
Page 1, line 2, following "website;":                                                                                         
     Insert "establishing the Rewarding Improvement in Student                                                                
Excellence award;"                                                                                                            
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to teacher base pay and compensation; relating                                                          
to items not subject to collective bargaining;"                                                                               
                                                                                                                                
Page 2, following line 14:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 2. AS 14.03 is amended by adding a new section to read:                                                               
          Sec. 14.03.124. Rewarding Improvement in Student                                                                    
     Excellence awards. (a) Each school district shall provide a                                                              
     Rewarding Improvement in Student Excellence award to the                                                                   
     teachers and parents of a student in the school district who shows                                                         
     improvement in learning outcomes, based on criteria established                                                            
     by the department in regulation. The amount of the award is $250                                                           
     in the aggregate for parents of the student and $750 in the                                                                
     aggregate for teachers of the student.                                                                                     
          (b)  The department shall establish by regulation, after                                                              
     consultation with the board,                                                                                               
              (1)  the criteria for awarding an award; for students in                                                          
                   (A)  grades kindergarten through two, the criteria                                                           
          must be based on the student's advancement to the next level                                                          
          of expected grade level skills on the statewide screening tool                                                        
          adopted under AS 14.30.760(a)(1);                                                                                     
                   (B)  grades three through nine, the criteria must be                                                         
          based on the student's advancement to the next achievement                                                            
          level on a standards-based assessment required by the                                                                 
          department under AS 14.03.123(f);                                                                                     
                   (C)  grades 10 through 12, the criteria must be based                                                        
          on the student's score on a preliminary scholastic aptitude test                                                      
          offered by the College Board, or the equivalent, taken by the                                                         
          student in the spring of the academic term;                                                                           
              (2)  the manner in which a school district must distribute                                                        
     an award if a student has more than one teacher or more than one                                                           
     parent.                                                                                                                    
          (c)  An award may not be granted to a parent who has actual                                                           
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1062
          physical custody of the student, as ordered by a court, for less                                                      
     time than another parent.                                                                                                  
          (d)  In this section,                                                                                                 
              (1)  "award" means the Rewarding Improvement in                                                                   
     Student Excellence award;                                                                                                  
              (2)  "parent" means an individual who is the natural or                                                           
     adoptive parent of a student or a student's legal guardian;                                                                
              (3)  "school district" has the meaning given in                                                                   
     AS 14.30.350.                                                                                                              
   * Sec. 3. AS 14.03.124(b), enacted by sec. 2 of this Act, is amended                                                       
to read:                                                                                                                        
          (b)  The department shall establish by regulation, after                                                              
     consultation with the board,                                                                                               
              (1)  the criteria for awarding an award; for students in                                                          
                   (A)  grades kindergarten through two, the criteria                                                           
          must be based on the student's advancement to the next level                                                          
          of expected grade level skills on a [THE] statewide screening                                                     
          tool adopted by the department by regulation [UNDER                                                               
          AS 14.30.760(a)(1)];                                                                                                  
                   (B)  grades three through nine, the criteria must be                                                         
          based on the student's advancement to the next achievement                                                            
          level on a standards-based assessment required by the                                                                 
          department under AS 14.03.123(f);                                                                                     
                   (C)  grades 10 through 12, the criteria must be based                                                        
          on the student's score on a preliminary scholastic aptitude test                                                      
          offered by the College Board, or the equivalent, taken by the                                                         
          student in the spring of the academic term;                                                                           
              (2)  the manner in which a school district must distribute                                                        
     an award if a student has more than one teacher or more than one                                                           
     parent."                                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 9. AS 14.25.220(6) is amended to read:                                                                                
              (6)  "base salary"                                                                                                
                   (A)  means the total remuneration payable under                                                              
          contract for a full year of membership service, including                                                             
          addenda to the contract; "base salary" does not include an                                                        

2023-05-11                     Senate Journal                      Page 1063
          award granted under AS 14.03.124 and [BUT], for a                                                                 
          member first hired on or after July 1, 1996, does not include                                                         
          remuneration in excess of the limitations set out in 26 U.S.C.                                                        
          401(a)(17);                                                                                                           
                   (B)  has the same meaning as "compensation" under                                                            
          AS 39.35.680(9) when applied to a state legislator who elects                                                         
          membership under AS 14.25.040(b);                                                                                     
   * Sec. 10. AS 14.25.220(10) is amended to read:                                                                            
              (10)  "compensation" means the total remuneration paid                                                            
     under contract to a member for services rendered during a school                                                           
     year, including cost-of-living differentials, payments for leave that                                                      
     is actually used by the member, the amount by which the                                                                    
     member's wages are reduced under AS 39.30.150(c), an amount                                                                
     that is contributed by the employer under a salary reduction                                                               
     agreement and that is not includable in the gross income of the                                                            
     employee under 26 U.S.C. 125 or 132(f)(4), and the amount                                                                  
     deferred under an employer-sponsored deferred compensation                                                                 
     plan or the tax shelter annuity plan approved by the Department of                                                         
     Education and Early Development, but does not include retirement                                                           
     benefits, welfare benefits, per diem, expense allowances, workers'                                                         
     compensation payments, an award granted under AS 14.03.124,                                                            
     or payments for leave not used by the member, whether those                                                                
     leave payments are scheduled payments, lump-sum payments,                                                                  
     donations, or cash-ins; for purposes of AS 14.25.050,                                                                      
     compensation paid includes any payment made after June 30 of a                                                             
     school year for services rendered before the end of the school                                                             
     year;                                                                                                                      
   * Sec. 11. AS 23.40.075 is amended to read:                                                                                
          Sec. 23.40.075. Items not subject to bargaining. The parties                                                        
     may not negotiate terms contrary to [THE]                                                                                  
              (1)  the reemployment rights for injured state employees                                                      
     under AS 39.25.158;                                                                                                        
              (2)  the reemployment rights of the organized militia                                                         
     under AS 26.05.075;                                                                                                        
              (3)  the authority of the Department of Health under                                                          
     AS 47.27.035 to assign Alaska temporary assistance program                                                                 
     participants to a work activity considered appropriate by the                                                              
     Department of Health;                                                                                                      
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1064
              (4)  the authority for agencies to create temporary                                                           
     positions under AS 47.27.055(c); [OR]                                                                                      
              (5)  the provisions contained in a contract under                                                             
     AS 14.40.210(a)(4); or                                                                                                 
                  (6)  an award granted under AS 14.03.124."                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 13. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     APPLICABILITY. AS 14.25.220(6), as amended by sec. 9 of this                                                               
Act, AS 14.25.220(10), as amended by sec. 10 of this Act, and                                                                   
AS 23.40.075, as amended by sec. 11 of this Act, apply to a contract                                                            
or collective bargaining agreement that becomes legally binding on or                                                           
after the effective date of secs. 9 - 11 of this Act."                                                                          
                                                                                                                                
Page 11, line 20:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 6"                                                                                                         
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "Section 3 of this Act takes"                                                                                       
     Insert "Sections 3 and 5 of this Act take"                                                                                 
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 2, 6 - 11, 13, and 14"                                                                                    
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "secs. 2 and 7"                                                                                                     
     Insert "secs. 4 and 12"                                                                                                    
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 2.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1065
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  14   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers, Stevens                                                                                          
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Kawasaki, Kiehl, Merrick, Olson, Stedman, Tobin, Wielechowski,                                                                  
Wilson                                                                                                                          
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 3 :                                                                                         
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "authorizing teacher service gratitude awards; relating                                                           
to teacher base pay and compensation; relating to items not                                                                   
subject to collective bargaining;"                                                                                            
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 7. AS 14.20 is amended by adding a new section to read:                                                               
          Sec. 14.20.225. Teacher service gratitude awards. (a)                                                               
     Subject to appropriation, for the fiscal years ending June 30, 2025,                                                       
     June 30, 2027, and June 30, 2029, a certificated full-time teacher                                                         
     is entitled to receive a teacher service gratitude award if the                                                            
     teacher was employed in a full-time classroom teaching position                                                            
     for the entirety of the school term for the two school years                                                               
     immediately preceding the date of payment and the teacher has                                                              
     entered into a contract with a district to teach for the entirety of                                                       
     the next school term. The department shall pay the teacher service                                                         
     gratitude award not later than 60 days after July 1, 2024, July 1,                                                         
     2026, and July 1, 2028. Subject to the application and certification                                                       
     requirements in (c) of this section, the department shall pay the                                                          
     teacher service gratitude awards through grants to school districts                                                        
     as described in (b) and (c) of this section.                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1066
          (b)  For the fiscal years ending June 30, 2025, June 30, 2027,                                                        
     and June 30, 2029, the department shall pay                                                                                
              (1)  $10,000 for each eligible certificated full-time teacher                                                     
     teaching in the following districts:                                                                                       
                   (A)  Anchorage School District;                                                                              
                   (B)  Fairbanks North Star Borough School District;                                                           
                     (C)  Juneau Borough School District;                                                                      
                   (D)  Kenai Peninsula Borough School District;                                                                
                   (E)  Matanuska-Susitna Borough School District.                                                              
              (2)  $20,000 for each eligible certificated full-time teacher                                                     
     teaching in the following districts:                                                                                       
                     (A)  Alaska Gateway School District;                                                                      
                    (B)  Aleutian Region School District;                                                                      
                   (C)  Aleutians East Borough School District;                                                                 
                     (D)  Annette Island School District;                                                                      
                   (E)  Chugach School District;                                                                                
                   (F)  Copper River School District;                                                                           
                   (G)  Cordova City School District;                                                                           
                   (H)  Delta/Greely School District;                                                                           
                     (I)  Denali Borough School District;                                                                      
                   (J)  Galena City School District;                                                                            
                     (K)  Haines Borough School District;                                                                      
                   (L)  Ketchikan Gateway Borough School District;                                                              
                   (M)  Kodiak Island Borough School District;                                                                  
                   (N)  Mt. Edgecumbe High School;                                                                              
                   (O)  Nenana City School District;                                                                            
                   (P)  Nome Public Schools;                                                                                    
                   (Q)  Petersburg Borough School District;                                                                     
                   (R)  Saint Mary's School District;                                                                           
                   (S)  Sitka School District;                                                                                  
                   (T)  Skagway School District;                                                                                
                   (U)  Unalaska City School District;                                                                          
                   (V)  Valdez City School District;                                                                            
                    (W)  Wrangell Public School District;                                                                      
                   (X)  Yakutat School District.                                                                                
              (3)  $30,000 for each eligible certificated full-time teacher                                                     
     teaching in the following districts:                                                                                       
                   (A)  Bering Strait School District;                                                                          
                   (B)  Bristol Bay Borough School District;                                                                    
                   (C)  Chatham School District;                                                                                

2023-05-11                     Senate Journal                      Page 1067
                   (D)  Craig City School District;                                                                             
                    (E)  Dillingham City School District;                                                                      
                   (F)  Hoonah City School District;                                                                            
                     (G)  Hydaburg City School District;                                                                       
                   (H)  Iditarod Area School District;                                                                          
                   (I)  Kake City School District;                                                                              
                   (J)  Kashunamiut School District;                                                                            
                   (K)  Klawock City School District;                                                                           
                   (L)  Kuspuk School District;                                                                                 
                   (M)  Lake and Peninsula Borough School District;                                                             
                   (N)  Lower Kuskokwim School District;                                                                        
                   (O)  Lower Yukon School District;                                                                            
                   (P)  North Slope Borough School District;                                                                    
                   (Q)  Northwest Arctic Borough School District;                                                               
                   (R)  Pelican City School District;                                                                           
                   (S)  Pribilof School District;                                                                               
                    (T)  Southeast Island School District;                                                                     
                    (U)  Southwest Region School District;                                                                     
                   (V)  Tanana City School District;                                                                            
                   (W)  Yukon Flats School District;                                                                            
                     (X)  Yukon-Koyukuk School District;                                                                       
                   (Y)  Yupiit School District.                                                                                 
          (c)  To be eligible for the teacher service gratitude award, a                                                        
     certificated full-time teacher must apply during each eligible                                                             
     calendar year to the department on a date not later than the final                                                         
     day in session for the school term established by the governing                                                            
     body of the teacher's school district or regional educational                                                              
     attendance area. Application for payment shall be made on a form                                                           
     designated by the commissioner. For each teacher who applies, the                                                          
     school district or regional educational attendance area shall certify                                                      
     the teacher's eligibility for payment to the department.                                                                   
          (d)  The department may adopt regulations necessary to carry                                                          
     out the purposes of this section.                                                                                          
          (e)  In this section, "certificated full-time teacher"                                                                
              (1)  means an individual occupying a position that                                                                
     requires                                                                                                                   
                   (A)  a teaching certificate as a condition of                                                                
          employment; and                                                                                                       
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1068
                   (B)  teaching on a regular basis during the normal                                                           
          work period for each day or week at a classroom teaching                                                              
            assignment in a public elementary or secondary school;                                                             
              (2)  does not include an individual teaching as an assistant                                                      
     or graduate assistant or teaching on a substitute, temporary, or per-                                                      
     diem basis.                                                                                                                
   * Sec. 8. AS 14.25.220(6) is amended to read:                                                                              
              (6)  "base salary"                                                                                                
                   (A)  means the total remuneration payable under                                                              
          contract for a full year of membership service, including                                                             
          addenda to the contract; "base salary" does not include an                                                        
          award granted under AS 14.20.225 and [BUT], for a                                                                 
          member first hired on or after July 1, 1996, does not include                                                         
          remuneration in excess of the limitations set out in 26 U.S.C.                                                        
          401(a)(17);                                                                                                           
                   (B)  has the same meaning as "compensation" under                                                            
          AS 39.35.680(9) when applied to a state legislator who elects                                                         
          membership under AS 14.25.040(b);                                                                                     
   * Sec. 9. AS 14.25.220(6), as amended by sec. 8 of this Act, is                                                            
amended to read:                                                                                                                
              (6)  "base salary"                                                                                                
                   (A)  means the total remuneration payable under                                                              
          contract for a full year of membership service, including                                                             
          addenda to the contract but [; "BASE SALARY" DOES NOT                                                             
          INCLUDE AN AWARD GRANTED UNDER AS 14.20.225                                                                           
          AND], for a member first hired on or after July 1, 1996, does                                                         
          not include remuneration in excess of the limitations set out in                                                      
          26 U.S.C. 401(a)(17);                                                                                                 
                   (B)  has the same meaning as "compensation" under                                                            
          as 39.35.680(9) when applied to a state legislator who elects                                                         
          membership under as 14.25.040(b);                                                                                     
   * Sec. 10. AS 14.25.220(10) is amended to read:                                                                            
              (10)  "compensation" means the total remuneration paid                                                            
     under contract to a member for services rendered during a school                                                           
     year, including cost-of-living differentials, payments for leave that                                                      
     is actually used by the member, the amount by which the                                                                    
     member's wages are reduced under AS 39.30.150(c), an amount                                                                
     that is contributed by the employer under a salary reduction                                                               
     agreement and that is not includable in the gross income of the                                                            
     employee under 26 U.S.C. 125 or 132(f)(4), and the amount                                                                  

2023-05-11                     Senate Journal                      Page 1069
     deferred under an employer-sponsored deferred compensation                                                                 
     plan or the tax shelter annuity plan approved by the Department of                                                         
     Education and Early Development, but does not include retirement                                                           
     benefits, welfare benefits, per diem, expense allowances, workers'                                                         
     compensation payments, an award granted under AS 14.20.225,                                                            
     or payments for leave not used by the member, whether those                                                                
     leave payments are scheduled payments, lump-sum payments,                                                                  
     donations, or cash-ins; for purposes of AS 14.25.050,                                                                      
     compensation paid includes any payment made after June 30 of a                                                             
     school year for services rendered before the end of the school                                                             
     year;                                                                                                                      
   * Sec. 11. AS 14.25.220(10), as amended by sec. 10 of this Act, is                                                         
amended to read:                                                                                                                
              (10)  "compensation" means the total remuneration paid                                                            
     under contract to a member for services rendered during a school                                                           
     year, including cost-of-living differentials, payments for leave that                                                      
     is actually used by the member, the amount by which the                                                                    
     member's wages are reduced under AS 39.30.150(c), an amount                                                                
     that is contributed by the employer under a salary reduction                                                               
     agreement and that is not includable in the gross income of the                                                            
     employee under 26 U.S.C. 125 or 132(f)(4), and the amount                                                                  
     deferred under an employer-sponsored deferred compensation                                                                 
     plan or the tax shelter annuity plan approved by the Department of                                                         
     Education and Early Development, but does not include retirement                                                           
     benefits, welfare benefits, per diem, expense allowances, workers'                                                         
     compensation payments, [AN AWARD GRANTED UNDER                                                                             
     AS 14.20.225,] or payments for leave not used by the member,                                                               
     whether those leave payments are scheduled payments, lump-sum                                                              
     payments, donations, or cash-ins; for purposes of AS 14.25.050,                                                            
     compensation paid includes any payment made after June 30 of a                                                             
     school year for services rendered before the end of the school                                                             
     year;                                                                                                                      
                                                                                                                                
   * Sec. 12. AS 23.40.075 is amended to read:                                                                                
          Sec. 23.40.075. Items not subject to bargaining. The parties                                                        
     may not negotiate terms contrary to [THE]                                                                                  
              (1)  the reemployment rights for injured state employees                                                      
     under AS 39.25.158;                                                                                                        
              (2)  the reemployment rights of the organized militia                                                         
     under AS 26.05.075;                                                                                                        

2023-05-11                     Senate Journal                      Page 1070
              (3)  the authority of the Department of Health under                                                          
     AS 47.27.035 to assign Alaska temporary assistance program                                                                 
     participants to a work activity considered appropriate by the                                                              
     Department of Health;                                                                                                      
              (4)  the authority for agencies to create temporary                                                           
     positions under AS 47.27.055(c); [OR]                                                                                      
              (5)  the provisions contained in a contract under                                                             
     AS 14.40.210(a)(4); or                                                                                                 
                  (6)  an award granted under AS 14.20.225.                                                                
   * Sec. 13. AS 23.40.075, as amended by sec. 12 of this Act, is                                                             
amended to read:                                                                                                                
          Sec. 23.40.075. Items not subject to bargaining. The parties                                                        
     may not negotiate terms contrary to the                                                                                
              (1)  [THE] reemployment rights for injured state                                                                  
     employees under AS 39.25.158;                                                                                              
              (2)  [THE] reemployment rights of the organized militia                                                           
     under AS 26.05.075;                                                                                                        
              (3)  [THE] authority of the Department of Health under                                                            
     AS 47.27.035 to assign Alaska temporary assistance program                                                                 
     participants to a work activity considered appropriate by the                                                              
     Department of Health;                                                                                                      
              (4)  [THE] authority for agencies to create temporary                                                             
     positions under AS 47.27.055(c); or                                                                                    
              (5)  [THE] provisions contained in a contract under                                                               
     AS 14.40.210(a)(4) [; OR                                                                                                   
              (6)  AN AWARD GRANTED UNDER AS 14.20.225]."                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 15. AS 14.20.225 is repealed July 1, 2030.                                                                            
   * Sec. 16. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
     APPLICABILITY. (a) AS 14.25.220(6), as amended by sec. 8 of                                                                
this Act, AS 14.25.220(10), as amended by sec. 10 of this Act, and                                                              
AS 23.40.075, as amended by sec. 12 of this Act, apply to a contract                                                            
or collective bargaining agreement that becomes legally binding on or                                                           
after the effective date of secs. 8, 10, and 12 of this Act.                                                                    
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1071
     (b)  AS 14.25.220(6), as amended by sec. 9 of this Act,                                                                    
AS 14.25.220(10), as amended by sec. 11 of this Act, and                                                                        
AS 23.40.075, as amended by sec. 13 of this Act, apply to a contract                                                            
or collective bargaining agreement that becomes legally binding on or                                                           
after the effective date of secs. 9, 11, and 13 of this Act."                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "8"                                                                                                                 
     Insert "17"                                                                                                                
                                                                                                                                
Page 11, line 25, following "Act,":                                                                                             
     Insert "and secs. 7, 8, 10, 12, and 16 of this Act"                                                                        
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "14"                                                                                                                
                                                                                                                                
Page 11, following line 27:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 22. Sections 9, 11, and 13 of this Act take effect July 1,                                                            
2030."                                                                                                                          
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 3. Senator                                                               
Bishop objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3?                                                                                                                
                                                                                                                                
YEAS:  3   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers                                                                                                   
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                              
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1072
Senator Hughes offered Amendment No. 4 :                                                                                         
                                                                                                                                
Page 1, line 2, following "website;":                                                                                         
     Insert "relating to teacher spending accounts;"                                                                          
                                                                                                                                
Page 2, following line 14:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 14.03 is amended by adding a new section to read:                                                               
          Sec. 14.03.124. Teacher spending accounts. (a) Each school                                                          
     district shall establish a teacher spending account for each                                                               
     certificated teacher in the school district. On July 1 of each year,                                                       
     the department shall provide to each school district a grant of                                                            
     $1,500 for each teacher spending account in the school district. A                                                         
     school district may expend money from a teacher spending                                                                   
     account only for the teacher for whom the account was established                                                          
     and only for educational supplies and material approved by the                                                             
     department by regulation.                                                                                                  
          (b)  A school district that receives a grant under this section                                                       
     may not spend on educational supplies and material in a fiscal                                                             
     year an amount that, excluding the amount received under (a) of                                                            
     this section, is less than the amount the school district spent on                                                         
     educational supplies and material in the previous fiscal year.                                                             
          (c)  The department shall establish by regulation, after                                                              
     consultation with the board, a list of the educational supplies and                                                        
     material approved by the department for expenditure under (a) of                                                           
     this section.                                                                                                              
          (d)  In this section, "school district" has the meaning given in                                                      
     AS 14.30.350."                                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 20:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "Section 3"                                                                                                         
     Insert "Section 4"                                                                                                         
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1073
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 2, 5 - 7, and 9"                                                                                          
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "secs. 2 and 7"                                                                                                     
     Insert "secs. 3 and 8"                                                                                                     
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 4. Senator                                                               
Giessel objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  3   NAYS:  15   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers                                                                                                   
                                                                                                                                
Nays:  Bishop, Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman,                                                                
Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                                       
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
Absent:  Claman                                                                                                                 
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 5 :                                                                                         
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to school funding;"                                                                                     
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 7. AS 14.17 is amended by adding a new section to article 2                                                           
to read:                                                                                                                        
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1074
          Sec. 14.17.530. Funding resulting from base student                                                                 
     allocation increase. If the legislature increases the base student                                                       
     allocation in AS 14.17.470, a district shall spend in each                                                                 
     subsequent fiscal year an amount equal to at least 70 percent of                                                           
     the district's increase in state aid resulting from the increase to the                                                    
     base student allocation on instruction provided by certificated                                                            
     teachers."                                                                                                                 
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 9. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY. AS 14.17.530, enacted by sec. 7 of this Act,                                                                
applies to an increase to the base student allocation in AS 14.17.470                                                           
that takes effect on or after the effective date of sec. 7 of this Act."                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 7, 9, and 10"                                                                                         
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "8"                                                                                                                 
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 5. Senator                                                               
Tobin objected.                                                                                                                 
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 5?                                                                                                                
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1075
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers, Wilson                                                                                           
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                              
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 6 :                                                                                         
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to school count periods;"                                                                               
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 7. AS 14.17.600 is amended to read:                                                                                   
          Sec. 14.17.600. Student count periods. (a) Within two weeks                                                         
     after the end of the 61-school-day [20-SCHOOL-DAY] period                                                              
     beginning September 1 and ending [THE FOURTH FRIDAY                                                                    
     IN] October 31, each district shall transmit a report to the                                                           
     department that, under regulations adopted by the department,                                                              
     reports its ADM for that count period and other student count                                                              
     information that will aid the department in making a determination                                                         
     of its state aid under the public school funding program. For                                                              
     centralized correspondence study, the [OCTOBER] report shall be                                                            
     based on the period from July 1 through the fourth Friday in                                                               
     October. The department may make necessary corrections in the                                                              
     report submitted and shall notify the district of changes made. The                                                        
     commissioner shall notify the governor of additional                                                                       
     appropriations the commissioner estimates to be necessary to fully                                                         
     finance the public school funding program for the current fiscal                                                           
     year.                                                                                                                      
          (b)  Upon written request and for good cause shown, the                                                               
     commissioner may permit a district to use a 61-school-day [20-                                                         
     SCHOOL-DAY] count period other than the period set out in (a)                                                              
     of this section. However, a count period approved under this                                                               
     subsection must be 61 [20] consecutive school days unless one or                                                       
     more alternate count periods are necessary to permit a district to                                                         

2023-05-11                     Senate Journal                      Page 1076
     implement flexible scheduling that meets the district's needs and                                                          
     goals without jeopardizing the state aid for which the district                                                            
     would ordinarily be eligible under this chapter."                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 9. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY. AS 14.17.600, as amended by sec. 7 of this                                                                  
Act, applies to a contract or collective bargaining agreement that                                                              
becomes legally binding on or after the effective date of sec. 7 of this                                                        
Act."                                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "8"                                                                                                                 
     Insert "10"                                                                                                                
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "8"                                                                                                                 
                                                                                                                                
Page 11, following line 27:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 15. Section 7 of this Act takes effect July 1, 2026."                                                                 
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 6. Senator                                                               
Bishop objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 6 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 6?                                                                                                                
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1077
YEAS:  3   NAYS:  14   EXCUSED:  1   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers                                                                                                   
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                                       
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
Absent:  Hoffman, Wilson                                                                                                        
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 7 :                                                                                         
                                                                                                                                
Page 1, line 1, following "education;":                                                                                       
     Insert "relating to school athletics, recreation, athletic teams,                                                        
and sports;"                                                                                                                  
                                                                                                                                
Page 1, following line 7:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE FINDINGS AND INTENT. (a) The legislature                                                                       
finds that                                                                                                                      
          (1)  maintaining fairness in athletic opportunities for women                                                         
is an important state interest;                                                                                                 
          (2)  requiring the designation of separate sex-specific athletic                                                      
teams or sports is necessary to maintain fairness in athletic                                                                   
opportunities for women;                                                                                                        
          (3)  significant biological and physiological differences                                                             
between males and females, including greater strength, speed, and                                                               
endurance capabilities among males on average, provide a competitive                                                            
advantage to male athletes in sports; and                                                                                       
          (4)  having separate sex-specific teams furthers efforts to                                                           
promote sex equality and that discrimination against women and girls                                                            
in sports is counter to that effort.                                                                                            
     (b)  It is the intent of the legislature to preserve an even playing                                                       
field in school athletic programs, to maintain opportunities for female                                                         
athletes to demonstrate their strength, skills, and athletic abilities, and                                                     

2023-05-11                     Senate Journal                      Page 1078
to provide female athletes with opportunities to obtain recognition and                                                         
accolades, college scholarships, and the numerous other long-term                                                               
benefits that result from participating and competing in athletic                                                               
endeavors."                                                                                                                     
                                                                                                                                
Page 1, line 8:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 14.18 is amended by adding new sections to read:                                                                
          Article 2. Designation of Athletic Teams and Sports.                                                                
          Sec. 14.18.150. Athletic team and sport designation. (a) A                                                          
     public school, or a private school whose students or teams                                                                 
     compete against a public school, must designate each school-                                                               
     sponsored athletic team or sport a                                                                                         
              (1)  male, men, or boys team or sport;                                                                            
                (2)  female, women, or girls team or sport; or                                                                 
              (3)  coeducational or mixed team or sport.                                                                        
          (b)  A student who participates in an athletic team or sport                                                          
     designated female, women, or girls must be female, based on the                                                            
     participant's biological sex as either female or male, as designated                                                       
     at the participant's birth. The biological sex listed on a                                                                 
     participant's birth certificate may be relied on to establish the                                                          
     participant's biological sex designated at the participant's birth if                                                      
     the sex designated on the birth certificate was designated at or                                                           
     near the time of the participant's birth.                                                                                  
          Sec. 14.18.160. Compliance protected. (a)A governmental                                                             
     entity, licensing or accrediting organization, athletic association,                                                       
     or school district may not take adverse action against a school or                                                         
     school district for complying with AS 14.18.150.                                                                           
          (b)  A school or a school district may decline to consider a                                                          
     complaint brought against the school or school district for                                                                
     complying with AS 14.18.150.                                                                                               
          Sec. 14.18.170. Liability. (a) A student who is deprived of an                                                      
     athletic opportunity or suffers direct or indirect harm resulting                                                          
     from a violation of AS 14.18.150 may bring a private cause of                                                              
     action against the violating school.                                                                                       

2023-05-11                     Senate Journal                      Page 1079
          (b)  A student subjected to retaliation or other adverse action                                                       
     as a result of reporting a violation of AS 14.18.150 to an employee                                                        
     or representative of a school, school district, or athletic association                                                    
     or organization, or to a state or federal government entity with                                                           
     oversight authority, may bring a private cause of action against the                                                       
     retaliating entity.                                                                                                        
          (c)  If a school or school district suffers direct or indirect harm                                                   
     as a result of a violation of AS 14.18.150, the school or school                                                           
     district may bring a private cause of action against the violating                                                         
     entity.                                                                                                                    
          (d)  An action brought under this section must be commenced                                                           
     within two years of the event giving rise to the complaint.                                                                
          Sec. 14.18.180. Access to courts; relationship to rights                                                            
     under federal law. (a) Nothing in AS 14.18.150 - 14.18.190                                                               
     abrogates, restricts, or otherwise limits                                                                                  
              (1)  the access of any person to a state or federal court; or                                                     
              (2)  a person's right to bring in state or federal court a                                                        
     complaint or cause of action arising out of AS 14.18.150 -                                                                 
     14.18.190.                                                                                                                 
          (b)  AS 14.18.150 - 14.18.190 may not be construed to modify                                                          
     a person's rights under 20 U.S.C. 1400 - 1482 (Individuals with                                                            
     Disabilities Education Act), 29 U.S.C. 794, or 42 U.S.C. 12101 -                                                           
     12213.                                                                                                                     
          Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190,                                                           
              (1)  "school" means an elementary, junior high, or                                                                
     secondary school;                                                                                                          
              (2)  "school district" means a borough school district, a                                                         
     city school district, a regional educational attendance area, a state                                                      
     boarding school, and the state centralized correspondence study                                                            
     program."                                                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 20:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1080
Page 11, line 21:                                                                                                               
     Delete "Section 3"                                                                                                         
     Insert "Section 4"                                                                                                         
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 5 - 7 and 10"                                                                                             
                                                                                                                                
Page 11, following line 24:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 13. Sections 1 and 8 of this Act take effect July 1, 2023."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 25:                                                                                                               
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "sec. 1 of this Act, and secs. 2 and 7"                                                                             
     Insert "sec. 2 of this Act, and secs. 3 and 9"                                                                             
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 7. Senator                                                               
Wielechowski objected.                                                                                                          
                                                                                                                                
President Stevens ruled Amendment No. 7 out of order.                                                                           
                                                                                                                                
Senator Hughes appealed the ruling of the Chair.                                                                                
                                                                                                                                
The question being: "Shall the Senate uphold the ruling of the Chair?"                                                          
The roll was taken with the following result:                                                                                   
                                                                                                                                
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Nays:  Hughes, Myers                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, the ruling of the Chair was upheld.                                                                                     
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1081
Senator Hughes offered Amendment No. 8 :                                                                                         
                                                                                                                                
                                                                                                                                
Page 1, line 1, following "education;":                                                                                       
     Insert "relating to parental rights in a child's education;                                                              
relating to access to school records;"                                                                                        
                                                                                                                                
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to sex education, human reproduction                                                                    
education, and human sexuality education; relating to school                                                                  
disciplinary and safety programs;"                                                                                            
                                                                                                                                
                                                                                                                                
Page 1, following line 7:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Section 1. AS 14.03.016(a) is amended to read:                                                                             
          (a)  A local school board shall, in consultation with parents,                                                        
     teachers, and school administrators, adopt policies to promote the                                                         
     involvement of parents in the school district's education program.                                                         
     The policies must include procedures                                                                                       
              (1)  recognizing the authority of a parent and allowing a                                                         
     parent to object to and withdraw the child from a standards-based                                                          
     assessment or test required by the state;                                                                                  
              (2)  recognizing the authority of a parent and allowing a                                                         
     parent to object to and withdraw the child from an activity, class,                                                        
     or program;                                                                                                                
              (3)  requiring that, except as provided in AS 14.30.355                                                       
     and 14.30.356, [PROVIDING FOR PARENT NOTIFICATION                                                                      
     NOT LESS THAN TWO WEEKS] before any activity, class, or                                                                    
     program that includes content involving gender identity, human                                                         
      reproduction, or sexual matters is provided to a child, the parent                                               
                   (A)  receive notification not less than two weeks                                                        
          before the activity, class, or program;                                                                           
                   (B)  provide written permission for the child to                                                         
          participate in the activity, class, or program;                                                                   
              (4)  recognizing the authority of a parent and allowing a                                                         
     parent to withdraw the child from an activity, class, program, or                                                          
     standards-based assessment or test required by the state for a                                                             
     religious holiday, as defined by the parent;                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1082
              (5)  providing a parent with an opportunity to review the                                                         
       content of an activity, class, performance standard, or program;                                                        
              (6)  ensuring that, when a child is absent from an activity,                                                      
     class, program, or standards-based assessment or test required by                                                          
     the state under this section, the absence is not considered an                                                             
     unlawful absence under AS 14.30.020 if the child's parent                                                                  
     withdrew the child from the activity, class, program, or standards-                                                        
     based assessment or test or gave permission for the child's                                                                
     absence;                                                                                                               
              (7)  requiring written permission from a parent before                                                        
     a public school changes the name or pronoun used by the                                                                
     school to address or refer to the child in person, on school                                                           
     identification, or in school records;                                                                                  
              (8)  requiring that a parent be informed in writing of                                                        
     the right to pursue legal action against a school district if the                                                      
         parent believes that the parent's rights have been violated.                                                      
   * Sec. 2. AS 14.03.016(d) is amended by adding a new paragraph to                                                          
read:                                                                                                                           
              (6)  "gender identity" means an individual's internal sense                                                       
     of being male, female, or something else, which may or may not                                                             
     correspond to the individual's sex assigned at birth or sex                                                                
     characteristics.                                                                                                           
   * Sec. 3. AS 14.03.016 is amended by adding new subsections to                                                             
read:                                                                                                                           
          (e)  A parent may file a civil action against a school district                                                       
     for a violation of a policy or procedure adopted under (a) of this                                                         
     section.                                                                                                                   
          (f)  A school district that knowingly or recklessly violates a                                                        
     policy or procedure adopted under (a) of this section is liable to                                                         
     the parent in a civil action for a civil penalty of not less than                                                          
     $5,000 and may be liable for treble damages upon a showing of a                                                            
     violation established by clear and convincing evidence. In this                                                            
     subsection, "knowingly" and "recklessly" have the meanings given                                                           
     in AS 11.81.900(a).                                                                                                        
   * Sec. 4. AS 14.03.115 is amended to read:                                                                                 
          Sec. 14.03.115. Access to school records by parent, foster                                                          
     parent, or guardian. Upon request of a parent, foster parent, or                                                         
     guardian of a child under 18 years of age who is currently or was                                                          
     previously enrolled in a municipal school district or a school                                                             
     district that is a regional educational attendance area, the school                                                        

2023-05-11                     Senate Journal                      Page 1083
     district shall provide a copy of the child's record. When                                                              
     responding to a request for a child's record, the school district                                                      
     may not selectively withhold from a parent, foster parent, or                                                          
     guardian information regarding the child's physical, medical,                                                          
     or mental health unless a reasonably prudent person would                                                              
     believe that disclosure of the information would result in child                                                       
     abuse or neglect as defined in AS 47.17.290. This section does                                                         
     not apply to                                                                                                               
              (1)  a record of a child who is an emancipated minor; or                                                          
              (2)  record information that consists of the child's address                                                      
     if the school district determines that the release of the child's                                                          
     address poses a threat to the health or safety of the child."                                                              
                                                                                                                                
Page 1, line 8:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 5"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 11. AS 14.30.361 is amended by adding new subsections to                                                              
read:                                                                                                                           
          (e)  A school district may teach a class or program involving                                                         
     sex education, human reproduction education, or human sexuality                                                            
     education only if parental notice and permission is provided in                                                            
     accordance with AS 14.03.016(a)(3).                                                                                        
          (f)  Except as provided in AS 14.30.355, a school district may                                                        
     teach a class or program involving sex education, human                                                                    
     reproduction education, or human sexuality education only to                                                               
     children enrolled in grade four or higher.                                                                                 
   * Sec. 12. AS 14.33.120(a) is amended to read:                                                                             
          (a)  Each governing body shall adopt a written school                                                                 
     disciplinary and safety program. The program required under this                                                           
     subsection must be made available to students, parents, legal                                                              
     guardians, and the public and include written                                                                              
              (1)  standards for student behavior and safety that reflect                                                       
     community standards and that include, at a minimum, basic                                                                  
     requirements for respect and honesty; standards required under                                                             
     this paragraph must be developed and periodically reviewed with                                                            
     the collaboration of members of each school, parents, legal                                                                

2023-05-11                     Senate Journal                      Page 1084
     guardians, teachers, and other persons responsible for the students                                                        
     at a school; a governing body may require that standards                                                                   
     developed under this paragraph be consistent for all schools in an                                                         
     attendance area or the district;                                                                                           
              (2)  standards relating to when a teacher is authorized to                                                        
     remove a student from the classroom for                                                                                    
                   (A)  failure to follow student behavior and safety                                                           
          standards; or                                                                                                         
                   (B)  behavior described under AS 14.30.045(1) or                                                             
          (2);                                                                                                                  
              (3)  procedures for notifying teachers of dangerous                                                               
     students consistent with AS 47.12.310(b);                                                                                  
              (4)  standards relating to when a teacher, teacher's                                                              
     assistant, or other person responsible for students is authorized to                                                       
     use reasonable and appropriate force to maintain                                                                           
     classroom safety and discipline as described under                                                                         
     AS 11.81.430(a)(2);                                                                                                        
              (5)  policies necessary to comply with provisions of state                                                        
     and federal law, including 20 U.S.C. 1400 - 1482 (Individuals                                                              
     with Disabilities Education Act);                                                                                          
              (6)  standards to address needs of students for whom                                                              
     mental health or substance abuse may be a contributing factor to                                                           
        noncompliance with the school disciplinary and safety program;                                                         
              (7)  policies for implementing a student conflict                                                                 
     resolution strategy, including the nonviolent resolution or                                                                
     mediation of conflicts and procedures for reporting and resolving                                                          
     conflicts;                                                                                                                 
              (8)  procedures for periodic review and revision of the                                                           
     school disciplinary and safety program;                                                                                    
              (9)  policies and procedures consistent with standards for                                                        
     use of restraint and seclusion of students as described in                                                                 
     AS 14.33.125;                                                                                                          
              (10)  procedures to address the physical safety and                                                           
     privacy of students in locker rooms and restrooms through the                                                          
     separation of students by biological sex, access to single-                                                            
     occupant facilities, or other safety and privacy protocols                                                             
     consistent with AS 14.18.040."                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1085
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 14.03.016(d)(2) is repealed."                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 20:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 8"                                                                                                         
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "Section 3"                                                                                                         
     Insert "Section 7"                                                                                                         
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 1 - 4, 8 - 12, 14, and 15"                                                                                
                                                                                                                                
Page 11, line 25:                                                                                                               
     Delete "sec. 1"                                                                                                            
     Insert "sec. 5"                                                                                                            
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "sec. 1 of this Act, and secs. 2 and 7"                                                                             
     Insert "sec. 5 of this Act, and secs. 6 and 13"                                                                            
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 8.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
President Stevens ruled Amendment No. 8 was not germane.                                                                        
                                                                                                                                
Senator Hughes appealed the ruling of the Chair.                                                                                
                                                                                                                                
The question being: "Shall the Senate uphold the ruling of the Chair?"                                                          
The roll was taken with the following result:                                                                                   
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1086
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Nays:  Hughes, Myers                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, the ruling of the Chair was upheld.                                                                                     
                                                                                                                                
Senator Myers offered Amendment No. 9 :                                                                                          
                                                                                                                                
Page 1, line 6, following "allocation;":                                                                                      
     Insert "relating to school funding;"                                                                                     
                                                                                                                                
Page 10, following line 22:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 7. AS 14.17 is amended by adding a new section to article 2                                                           
to read:                                                                                                                        
          Sec. 14.17.530. Funding resulting from base student                                                                 
     allocation increase. If the legislature increases the base student                                                       
     allocation in AS 14.17.470, a district shall spend in each                                                                 
     subsequent fiscal year an amount equal to at least 70 percent of                                                           
     the district's increase in state aid resulting from the increase to the                                                    
     base student allocation on teacher salaries."                                                                              
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 9. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY. AS 14.17.530, enacted by sec. 7 of this Act,                                                                
applies to an increase to the base student allocation in AS 14.17.470                                                           
that takes effect on or after the effective date of sec. 7 of this Act."                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1087
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 7, 9, and 10"                                                                                         
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "8"                                                                                                                 
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 9. Senator                                                                
Stedman objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 9 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 9?                                                                                                                
                                                                                                                                
YEAS:  3   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers                                                                                                   
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                              
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 9 failed.                                                                                                 
                                                                                                                                
Senator Myers offered Amendment No. 10 :                                                                                         
                                                                                                                                
Page 1, line 5, following "schools;":                                                                                         
     Insert "relating to school funding;"                                                                                     
                                                                                                                                
Page 10, following line 19:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 6. AS 14.17.420 is amended by adding a new subsection to                                                              
read:                                                                                                                           
          (d)  A district shall budget for and spend on intensive services                                                      
     in each fiscal year an amount equal to the number obtained for                                                             
     intensive services under (a)(2) of this section."                                                                          
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1088
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 7 and 9"                                                                                              
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "8"                                                                                                                 
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 10.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 10 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 10?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  14   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Merrick, Myers                                                                                          
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Hoffman,                                                                      
Kawasaki, Kiehl, Olson, Stedman, Stevens, Tobin, Wielechowski,                                                                  
Wilson                                                                                                                          
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
Absent:  Gray-Jackson                                                                                                           
                                                                                                                                
and so, Amendment No. 10 failed.                                                                                                
                                                                                                                                
Senator Myers offered Amendment No. 11 :                                                                                         
                                                                                                                                
Page 1, line 4, following "students;":                                                                                        
     Insert "relating to school bond debt reimbursement;"                                                                     
                                                                                                                                
Page 10, following line 4:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 5. AS 14.11.014(d) is amended to read:                                                                                

2023-05-11                     Senate Journal                      Page 1089
          (d)  Notwithstanding any other provision of law, the                                                                  
     committee may not recommend for approval an application for                                                                
     bond debt reimbursement made by a municipality                                                                             
              (1)  for school construction or major maintenance for                                                         
     indebtedness authorized by the qualified voters of the municipality                                                        
     on or after January 1, 2015, but before July 1, 2025;                                                                  
              (2)  for more than one school construction project                                                            
     listed on the department's ranking of school construction                                                              
     project priorities under AS 14.11.013(b); or                                                                           
              (3)  for more than two major maintenance projects                                                             
     listed on the department's ranking of major maintenance                                                                
     project priorities under AS 14.11.013(b), except that the                                                              
     committee may recommend for approval an application for                                                                
     bond debt reimbursement made by a municipality for all the                                                             
     major maintenance projects of the municipality that are                                                                
     ranked within the top 20 projects on the department's list of                                                          
     major maintenance project priorities.                                                                                  
   * Sec. 6. AS 14.11.100(s) is amended to read:                                                                              
          (s)  Notwithstanding any other provision of law, the                                                                  
     commissioner may not approve an application for bond debt                                                                  
     reimbursement made by a municipality                                                                                       
              (1)  for school construction or major maintenance for                                                         
     indebtedness authorized by the qualified voters of the municipality                                                        
     on or after January 1, 2015, but before July 1, 2025;                                                                  
              (2)  for more than one school construction project                                                            
     listed on the department's ranking of school construction                                                              
     project priorities under AS 14.11.013(b); or                                                                           
              (3)  for more than two major maintenance projects                                                             
     listed on the department's ranking of major maintenance                                                                
     project priorities under AS 14.11.013(b), except that the                                                              
     commissioner may approve an application for bond debt                                                                  
     reimbursement made by a municipality for all the major                                                                 
     maintenance projects of the municipality that are ranked                                                               
     within the top 20 projects on the department's list of major                                                           
     maintenance project priorities.                                                                                        
   * Sec. 7. AS 14.11.102(c) is amended to read:                                                                              
          (c)  The commissioner may not allocate funds to a                                                                     
     municipality under AS 14.11.100 for the retirement of the                                                                  
     principal of and interest on outstanding tax- exempt bonds, notes,                                                         
     or other indebtedness                                                                                                      

2023-05-11                     Senate Journal                      Page 1090
              (1)  authorized by the qualified voters of the municipality                                                   
     on or after January 1, 2015, but before July 1, 2025;                                                                  
              (2)  for more than one school construction project                                                            
     listed on the department's ranking of school construction                                                              
     project priorities under AS 14.11.013(b); or                                                                           
              (3)  for more than two major maintenance projects                                                             
     listed on the department's ranking of major maintenance                                                                
     project priorities under AS 14.11.013(b), except that the                                                              
     commissioner may allocate funds to a municipality for the                                                              
     retirement of the principal of and interest on outstanding tax-                                                        
     exempt bonds, notes, or other indebtedness for all the major                                                           
     maintenance projects of the municipality that are ranked                                                               
     within the top 20 projects on the department's list of major                                                           
     maintenance project priorities."                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 11. AS 14.11.014(d)(1), 14.11.100(s)(1), and 14.11.102(c)(1)                                                          
are repealed July 1, 2025.                                                                                                      
   * Sec. 12. Section 6, ch. 3, SLA 2015, as amended by sec. 5, ch. 6,                                                        
SLA 2020, is repealed."                                                                                                         
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 9 and 11 - 13"                                                                                        
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "10"                                                                                                                
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 11.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 11 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1091
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 11?                                                                                                               
                                                                                                                                
YEAS:  2   NAYS:  17   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Myers                                                                                                            
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 11 failed.                                                                                                
                                                                                                                                
Senator Myers offered Amendment No. 12 :                                                                                         
                                                                                                                                
Page 1, line 4, following "students;":                                                                                        
     Insert "relating to school funding;"                                                                                     
                                                                                                                                
Page 10, following line 4:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 5. AS 14.11.121(d) is amended to read:                                                                                
          (d)  A school district or regional educational attendance area                                                        
     that submits an application for a proposed project under                                                                   
     AS 14.11.011 for funding under this section that is approved for                                                           
     funding by the department shall provide a participating share that                                                         
     is equal to the difference between the allowable costs of a project                                                        
     and the combined available federal funding and the state aid                                                               
     provided under AS 14.11.126. Allowable costs for a project                                                                 
     approved under this section shall be based on the [ADJUSTED]                                                               
     student count for a charter school [CALCULATED UNDER                                                                       
        AS 14.17.450(a) AND (c)], as determined by the commissioner."                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 19:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 7. AS 14.17.410(b) is amended to read:                                                                                
          (b)  Public school funding consists of state aid, a required                                                          
     local contribution, and eligible federal impact aid determined as                                                          
     follows:                                                                                                                   
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1092
              (1)  state aid equals basic need minus a required local                                                           
     contribution and 90 percent of eligible federal impact aid for that                                                        
     fiscal year; basic need equals the sum obtained under (D) of this                                                          
     paragraph, multiplied by the base student allocation set out in                                                            
        AS 14.17.470; district adjusted ADM is calculated as follows:                                                          
                   (A)  the ADM of each school in the district is                                                               
          calculated by determining the student count under                                                                 
          AS 14.17.600 [APPLYING THE SCHOOL SIZE FACTOR                                                                     
          TO THE STUDENT COUNT AS SET OUT IN                                                                                    
          AS 14.17.450];                                                                                                        
                   (B)  the number obtained under (A) of this paragraph                                                         
          is multiplied by the district cost factor described in                                                                
          AS 14.17.460;                                                                                                         
                   (C)  the ADMs of each school in a district, as                                                               
          adjusted according to [(A) AND] (B) of this paragraph, are                                                            
          added; the sum is then multiplied by the special needs factor                                                         
          set out in AS 14.17.420(a)(1) and the secondary school                                                                
          vocational and technical instruction funding factor set out in                                                        
          AS 14.17.420(a)(3);                                                                                                   
                   (D)  the number obtained for intensive services under                                                        
          AS 14.17.420(a)(2) and the number obtained for                                                                        
          correspondence study under AS 14.17.430 are added to the                                                              
          number obtained under (C) of this paragraph or under (H) and                                                          
          (I) of this paragraph;                                                                                                
                   (E)  notwithstanding (A) - (C) of this paragraph, if a                                                       
          school district's ADM [ADJUSTED FOR SCHOOL SIZE                                                                       
          UNDER (A) OF THIS PARAGRAPH] decreases by five                                                                        
          percent or more from one fiscal year to the next fiscal year,                                                         
          the school district may use the last fiscal year before the                                                           
          decrease as a base fiscal year to offset the decrease, according                                                      
          to the following method:                                                                                              
                        (i)  for the first fiscal year after the base fiscal                                                    
              year determined under this subparagraph, the school                                                               
              district's ADM [ADJUSTED FOR SCHOOL SIZE                                                                          
              DETERMINED UNDER (A) OF THIS PARAGRAPH]                                                                           
              is calculated as the district's ADM [ADJUSTED FOR                                                                 
              SCHOOL SIZE], plus 75 percent of the difference in the                                                            
              district's ADM [ADJUSTED FOR SCHOOL SIZE]                                                                         
              between the base fiscal year and the first fiscal year after                                                      
              the base fiscal year;                                                                                             

2023-05-11                     Senate Journal                      Page 1093
                        (ii)  for the second fiscal year after the base fiscal                                                  
              year determined under this subparagraph, the school                                                               
              district's ADM [ADJUSTED FOR SCHOOL SIZE                                                                          
              DETERMINED UNDER (A) OF THIS PARAGRAPH]                                                                           
              is calculated as the district's ADM [ADJUSTED FOR                                                                 
              SCHOOL SIZE], plus 50 percent of the difference in the                                                            
              district's ADM [ADJUSTED FOR SCHOOL SIZE]                                                                         
              between the base fiscal year and the second fiscal year                                                           
              after the base fiscal year;                                                                                       
                        (iii)  for the third fiscal year after the base fiscal                                                  
              year determined under this subparagraph, the school                                                               
              district's ADM [ADJUSTED FOR SCHOOL SIZE                                                                          
              DETERMINED UNDER (A) OF THIS PARAGRAPH]                                                                           
              is calculated as the district's ADM [ADJUSTED FOR                                                                 
              SCHOOL SIZE], plus 25 percent of the difference in the                                                            
              district's ADM [ADJUSTED FOR SCHOOL SIZE]                                                                         
              between the base fiscal year and the third fiscal year after                                                      
              the base fiscal year;                                                                                             
                   (F)  the method established in (E) of this paragraph is                                                      
          available to a school district for the three fiscal years                                                             
          following the base fiscal year determined under (E) of this                                                           
          paragraph only if the district's ADM [ADJUSTED FOR                                                                    
          SCHOOL SIZE DETERMINED UNDER (A) OF THIS                                                                              
          PARAGRAPH] for each fiscal year is less than the district's                                                           
          ADM [ADJUSTED FOR SCHOOL SIZE] in the base fiscal                                                                     
          year;                                                                                                                 
                   (G)  the method established in (E) of this paragraph                                                         
          does not apply to a decrease in the district's ADM                                                                    
          [ADJUSTED FOR SCHOOL SIZE] resulting from a loss of                                                                   
          enrollment that occurs as a result of a boundary change under                                                         
          AS 29;                                                                                                                
                   (H)  notwithstanding (A) - (C) of this paragraph, if                                                         
          one or more schools close and consolidate with one or more                                                            
          other schools in the same community and district and, as a                                                            
          result of the consolidation, basic need generated by the                                                              
          district's ADM of the consolidated schools as adjusted under                                                          
          (A) - (C) of this paragraph decreases, the district may use the                                                       
          last fiscal year before the consolidation as the base fiscal year                                                     
          to offset that decrease for the first four fiscal years following                                                     
          consolidation according to the following method:                                                                      

2023-05-11                     Senate Journal                      Page 1094
                        (i)  for the first two fiscal years after the base                                                      
              fiscal year, the district's ADM of the consolidated schools                                                       
              as adjusted under (A) - (C) of this paragraph is calculated                                                       
              by dividing the sum of the district's ADM of the                                                                  
              consolidated schools as adjusted under (A) - (C) of this                                                          
              paragraph for the base fiscal year by the sum of the                                                              
              district's ADM of the consolidated schools for the base                                                           
              fiscal year without adjustment, and subtracting the                                                               
              quotient obtained by dividing the district's ADM of the                                                           
              consolidated schools for the current fiscal year as                                                               
              adjusted under (A) - (C) of this paragraph by the sum of                                                          
              the district's ADM of the consolidated schools for the                                                            
              current fiscal year without adjustment, multiplying that                                                          
              number by the sum of the district's ADM of the                                                                    
              consolidated schools for the current fiscal year without                                                          
              adjustment, and adding that number to the sum of the                                                              
              district's ADM of the consolidated schools for the current                                                        
              fiscal year as adjusted under (A) - (C) of this paragraph;                                                        
                        (ii)  for the third fiscal year after the base fiscal                                                   
              year, the district's ADM of the consolidated schools as                                                           
              adjusted under (A) - (C) of this paragraph is calculated by                                                       
              dividing the sum of the district's ADM of the                                                                     
              consolidated schools as adjusted under (A) - (C) of this                                                          
              paragraph for the base fiscal year by the sum of the                                                              
              district's ADM of the consolidated schools for the base                                                           
              fiscal year without adjustment, and subtracting the                                                               
              quotient obtained by dividing the sum of the district's                                                           
              ADM of the consolidated schools for the current fiscal                                                            
              year as adjusted under (A) - (C) of this paragraph by the                                                         
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year, multiplying that number by the                                                           
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year without adjustment, multiplying                                                           
              that number by 66 percent, and adding that number to the                                                          
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year as adjusted under (A) - (C) of this                                                       
              paragraph;                                                                                                        
                        (iii)  for the fourth fiscal year after the base fiscal                                                 
              year, the district's ADM of the consolidated schools as                                                           
              adjusted under (A) - (C) of this paragraph is calculated by                                                       

2023-05-11                     Senate Journal                      Page 1095
              dividing the sum of the district's ADM of the                                                                     
              consolidated schools as adjusted under (A) - (C) of this                                                          
              paragraph for the base fiscal year by the sum of the                                                              
              district's ADM of the consolidated schools for the base                                                           
              fiscal year without adjustment, and subtracting the                                                               
              quotient obtained by dividing the sum of the district's                                                           
              ADM of the consolidated schools for the current fiscal                                                            
              year as adjusted under (A) - (C) of this paragraph by the                                                         
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year, multiplying that number by the                                                           
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year without adjustment, multiplying                                                           
              that number by 33 percent, and adding that number to the                                                          
              sum of the district's ADM of the consolidated schools for                                                         
              the current fiscal year as adjusted under (A) - (C) of this                                                       
              paragraph;                                                                                                        
                        (iv)  to calculate the district's basic need for each                                                   
              fiscal year, the number obtained through the calculation                                                          
              in (i), (ii), or (iii) of this subparagraph is added to the                                                       
              number obtained under (C) of this paragraph for the                                                               
              remainder of the district;                                                                                        
                   (I)  if the basic need calculated under (H)(i) - (iii) of                                                    
          this paragraph for one of the first four fiscal years after                                                           
          consolidation is less than the basic need calculated under (A) -                                                      
          (C) of this paragraph for that fiscal year, the basic need may                                                        
          not be adjusted under (H) of this paragraph for that fiscal                                                           
          year;                                                                                                                 
                   (J)  a district may not offset a decrease under (H) of                                                       
          this paragraph if                                                                                                     
                        (i)  a new facility is constructed in the district for                                                  
              the consolidation; or                                                                                             
                        (ii)  the district offset a decrease under (E) of this                                                  
              paragraph in the same fiscal year;                                                                                
                   (K)  a district that offsets a decrease under (H) of this                                                    
          paragraph may not reopen a school that was closed for                                                                 
          consolidation in the district until                                                                                   
                        (i)  seven or more years have passed since the                                                          
              school closure; and                                                                                               
                                                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1096
                        (ii)  the district provides evidence satisfactory to                                                    
              the department that the schools affected by the                                                                   
              consolidation are over capacity;                                                                                  
                   (L)  a district may not reopen and reconsolidate a                                                           
          school that was consolidated in the district more than once                                                           
          every seven years for purposes of the calculations made under                                                         
          (H) of this paragraph;                                                                                                
                   (M)  a district offsetting a decrease under (H) of this                                                      
          paragraph shall provide the department with the list of schools                                                       
          participating in the consolidation and the corresponding                                                              
          ADM;                                                                                                                  
              (2)  the required local contribution of a city or borough                                                         
     school district is the equivalent of a 2.65 mill tax levy on the full                                                      
     and true value of the taxable real and personal property in the                                                            
     district as of January 1 of the second preceding fiscal year, as                                                           
     determined by the Department of Commerce, Community, and                                                                   
     Economic Development under AS 14.17.510 and AS 29.45.110,                                                                  
     not to exceed 45 percent of a district's basic need for the preceding                                                      
     fiscal year as determined under (1) of this subsection.                                                                    
   * Sec. 8. AS 14.17.440(a) is amended to read:                                                                              
          (a)  Except as provided in AS 14.17.400(b), funding for state                                                         
     boarding schools established under AS 14.16.010 includes an                                                                
     allocation from the public education fund in an amount calculated                                                          
     by                                                                                                                         
              (1)  determining the student count under AS 14.17.600                                                         
     [ADM OF STATE BOARDING SCHOOLS BY APPLYING                                                                                 
     THE SCHOOL SIZE FACTOR TO THE STUDENT COUNT AS                                                                             
     DESCRIBED IN AS 14.17.450];                                                                                                
              (2)  multiplying the number obtained under (1) of this                                                            
     subsection by the special needs factor in AS 14.17.420(a)(1) and                                                           
     the secondary school vocational and technical instruction funding                                                          
     factor set out in AS 14.17.420(a)(3) and multiplying that product                                                          
     by the base student allocation; and                                                                                        
              (3)  multiplying the product determined under (2) of this                                                         
     subsection by the district cost factor that is applicable to                                                               
     calculation of the state aid for the adjacent school district under                                                        
     AS 14.17.460."                                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1097
Page 10, following line 22:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 10. AS 14.17.905(b) is amended to read:                                                                               
          (b)  Notwithstanding (a)(3) of this section [AND FOR                                                                  
     PURPOSES OTHER THAN CALCULATIONS UNDER                                                                                     
     AS 14.17.450], a charter school shall be counted as a separate                                                             
     school if the charter school has an ADM of at least 150 students."                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 12. AS 14.17.450 is repealed."                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 11, line 23:                                                                                                               
     Delete "Sections 4 - 6 and 8"                                                                                              
     Insert "Sections 4 - 10, 12, and 13"                                                                                       
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "7"                                                                                                                 
     Insert "11"                                                                                                                
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 12. Senator                                                               
Stedman objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 12 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 12?                                                                                                               
                                                                                                                                
YEAS:  3   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Hughes, Kaufman, Myers                                                                                                   
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin,                                                              
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, Amendment No. 12 failed.                                                                                                
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1098
CS FOR SENATE BILL NO. 52(FIN) was automatically in third                                                                       
reading.                                                                                                                        
                                                                                                                                
Senator Wilson moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Objections were heard and Senator                                                         
Wilson was required to vote.                                                                                                    
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 52(FIN) "An                                                                   
Act relating to education; requiring the Department of Education and                                                            
Early Development to provide information relating to public schools                                                             
on an Internet website; relating to information on the post-secondary                                                           
education, career path, and residency of graduates from high schools                                                            
in the state; relating to transportation of students; relating to state                                                         
funding for districts operating residential schools; increasing the base                                                        
student allocation; and providing for an effective date" pass the                                                               
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski                                                                                                    
                                                                                                                                
Nays:  Hughes, Myers, Wilson                                                                                                    
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, CS FOR SENATE BILL NO. 52(FIN) passed the Senate.                                                                       
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered.                                                                                
                                                                                                                                
Senator Tobin gave notice of reconsideration on CS FOR SENATE                                                                   
BILL NO. 52(FIN) and moved and asked unanimous consent it be                                                                    
taken up.                                                                                                                       
                                                                                                                                
Senator Hughes objected.                                                                                                        
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1099
The question being: "Shall the Senate take up reconsideration on CS                                                             
FOR SENATE BILL NO. 52(FIN) "An Act relating to education;                                                                      
requiring the Department of Education and Early Development to                                                                  
provide information relating to public schools on an Internet website;                                                          
relating to information on the post-secondary education, career path,                                                           
and residency of graduates from high schools in the state; relating to                                                          
transportation of students; relating to state funding for districts                                                             
operating residential schools; increasing the base student allocation;                                                          
and providing for an effective date" the same day?" The roll was taken                                                          
with the following result:                                                                                                      
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Take up Reconsideration Same Day?                                                                                               
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Nays:  Hughes, Myers                                                                                                            
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, CS FOR SENATE BILL NO. 52(FIN) was before the Senate                                                                    
on reconsideration.                                                                                                             
                                                                                                                                
The question to be reconsidered: "Shall CS FOR SENATE BILL                                                                      
NO. 52(FIN) "An Act relating to education; requiring the Department                                                             
of Education and Early Development to provide information relating                                                              
to public schools on an Internet website; relating to information on the                                                        
post-secondary education, career path, and residency of graduates                                                               
from high schools in the state; relating to transportation of students;                                                         
relating to state funding for districts operating residential schools;                                                          
increasing the base student allocation; and providing for an effective                                                          
date" pass the Senate?" The roll was taken with the following result:                                                           
                                                                                                                                
CSSB 52(FIN)                                                                                                                    
Third Reading - On Reconsideration                                                                                              
Effective Date(s)                                                                                                               
                                                                                                                                

2023-05-11                     Senate Journal                      Page 1100
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman,                                                                     
Stevens, Tobin, Wielechowski                                                                                                    
                                                                                                                                
Nays:  Hughes, Myers, Wilson                                                                                                    
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, CS FOR SENATE BILL NO. 52(FIN) passed the Senate on                                                                     
reconsideration.                                                                                                                
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on                                                                   
reconsideration be considered the vote on the effective date clause(s).                                                         
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.