CSHB 218(STA): "An Act relating to the payment of certain trucking owner-operators."

00 CS FOR HOUSE BILL NO. 218(STA)                                                                                          
01 "An Act relating to the payment of certain trucking owner-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 OWNER-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 owner-operator                                   
04 for the trucking owner-operator to haul material for the construction project, the prime                                
05 contractor or subcontractor who contracts with the trucking owner-operator shall pay                                    
06 the trucking owner-operator for the hauling within 14 days after the trucking                                           
07 owner-operator submits a bill for the hauling to the prime contractor or subcontractor                                  
08 who contracts with the trucking owner-operator.  A trucking owner-operator may not                                      
09 submit more than two bills a month under this section to the same prime contractor                                      
10 or subcontractor.                                                                                                       
11  (b)  Notwithstanding AS 36.90.200 - 36.90.290,  if a payment is not made as                                           
12 required by (a) of this section, the prime contractor or subcontractor who contracts                                    
13 with the trucking owner-operator shall pay the trucking owner-operator interest on the                                  
14 unpaid amount of the required payment from the eighth  calendar day after the date                                      
15 required for payment under (a) of this section at an interest rate that is equal to 1.5                                 
16 percent a month.                                                                                                        
17  (c)  In order to be covered by this section, a trucking owner-operator must have                                      
18 all licenses, permits, and insurance for the hauling required by the state and by the                                   
19 municipality, if any, where the construction project takes place.                                                       
20  (d)  In this section,                                                                                                 
21   (1)  "construction project" means the construction, alteration, repairing,                                           
22 moving, or demolishing of a building, highway, road, railroad, or other improvement                                     
23 to real property;                                                                                                       
24   (2)  "material" includes dirt, gravel, asphalt, brush, salt, demolition                                              
25 debris, contaminated soil, and contaminated waste, but does not include pre-mixed wet                                   
26 concrete;                                                                                                               
27   (3)  "person" includes the state and a subdivision of the state;                                                     
28   (4)  "prime contractor" means a person who enters into a contract                                                    
29 directly with an owner or lessor of real property for a construction project on the real                                
30 property;                                                                                                               
31   (5)  "subcontractor" means a person at any level, other than a prime                                                 
01 contractor or a supplier, who provides materials or services, other than as an employee,                                
02 to be used in a construction project;                                                                                   
03   (6)  "trucking owner-operator" means a person who owns and operates,                                                 
04 other than as an employee, a truck to haul material for a construction project,  but does                               
05 not include a person whose hauling is subject to 49  U.S.C. 10101 - 11916 (Interstate                                   
06 Commerce Act).                                                                                                          
07    * Sec. 3.   This Act applies to contracts that are entered into on or after the effective date                       
08 of this Act.