00HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H                                                                       
01 "An Act excluding certain direct sellers of consumer products from coverage                                             
02 under the state unemployment compensation laws."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.20.526(a) is amended by adding a new paragraph to read:                                          
05   (21)  service of an individual who                                                                                   
06   (A)  directly sells or solicits the sale of consumer products, for                                                  
07 resale or otherwise, personally to a prospective consumer in the home or                                                
08 otherwise than in a permanent retail establishment; a sale or solicitation by                                           
09 telephone, mail, other telecommunications method, or other nonpersonal                                                  
10 method does not satisfy the requirement of this subparagraph;                                                           
11   (B)  is compensated solely by                                                                                       
12   (i)  commissions on sales or other remuneration directly                                                           
13 related to sales or sales performance; or                                                                               
14   (ii)  a profit represented by the difference between the                                                           

01 wholesale cost of the product to the seller and the final sale price to the                                             
02 consumer; and                                                                                                           
03   (C)  performs under a written contract with the person for whom                                                     
04 the service is performed that provides, notwithstanding AS 23.20.395(a), that                                           
05 the individual is not an employee for purposes of this chapter or for federal or                                        
06 state tax purposes.