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HB 218: "An Act relating to the payment of certain trucking operators."

00 HOUSE BILL NO. 218                                                                                                      
01 "An Act relating to the payment of certain trucking operators."                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 37.05.285(d) is amended to read:                                                                    
04  (d)  This section does not apply                                                                                      
05   (1)  if the cost of the goods or services purchased exceeds $500,000;                                                
06   (2)  to payment for specific goods or services in dispute after a seller                                             
07 of goods or services receives notice from the state official responsible for authorizing                                
08 payment for goods and services that the amount of the invoice or quality of specific                                    
09 goods or services is in dispute and stating the reasons for the dispute;  [:] the state                               
10 agency shall pay for the specific goods or services in dispute within 30 days after                                     
11 resolution of the dispute; or                                                                                           
12   (3)  to a contract covered by AS 36.90.200 - 36.90.290 or                                                           
13 AS 45.45.920.                                                                                                          
14    * Sec. 2.  AS 45.45 is amended by adding a new section to read:                                                      
01  Sec. 45.45.920.  PAYMENT OF TRUCKING  OPERATORS.   (a)                                                                
02 Notwithstanding AS 36.30.200 - 36.30.290, if a prime contractor or a subcontractor on                                   
03 a construction contract contracts orally or in writing with a trucking operator for the                                 
04 trucking operator to haul material for the construction project, the prime contractor or                                
05 subcontractor who contracts with the trucking operator shall pay the trucking operator                                  
06 for the hauling within 14 days after the trucking operator submits a bill for the hauling                               
07 to the prime contractor or subcontractor who contracts with the trucking operator.                                      
08  (b)  Notwithstanding AS 36.90.200 - 36.90.290,  if a payment is not made as                                           
09 required by (a) of this section, the prime contractor or subcontractor who contracts                                    
10 with the trucking operator shall pay the trucking operator interest on the unpaid                                       
11 amount of the required payment from the eighth  calendar day after the date required                                    
12 for payment under (a) of this section at an interest rate that is equal to 1.5 percent a                                
13 month.                                                                                                                  
14  (c)  In order to be covered by this section, a trucking operator must have all                                        
15 licenses, permits, and insurance for the hauling required by the state and by the                                       
16 municipality, if any, where the construction project takes place.                                                       
17  (d)  In this section,                                                                                                 
18   (1)  "construction project" means the construction, alteration, repairing,                                           
19 moving, or demolishing of a building, highway, road, railroad, or other improvement                                     
20 to real property;                                                                                                       
21   (2)  "material" includes dirt, gravel, asphalt, contaminated soil, and                                               
22 contaminated waste, but does not include pre-mixed wet concrete;                                                        
23   (3)  "person" includes the state and a subdivision of the state;                                                     
24   (4)  "prime contractor" means a person who enters into a contract                                                    
25 directly with an owner or lessor of real property for a construction project on the real                                
26 property;                                                                                                               
27   (5)  "subcontractor" means a person at any level, other than a prime                                                 
28 contractor, who provides materials or services, other than as an employee, to be used                                   
29 in a construction project;                                                                                              
30   (6)  "trucking operator" means a person who operates, either personally                                              
31 or through an employee, a truck to haul material for a construction project,  but does                                  
01 not include a person whose hauling is subject to 49  U.S.C. 10101 - 11916 (Interstate                                   
02 Commerce Act).                                                                                                          
03    * Sec. 3.   This Act applies to contracts that are entered into on or after the effective date                       
04 of this Act.