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
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
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.