00                            SENATE BILL NO. 323                                                                         
01 "An Act relating to a project owner's liability for workers' compensation and the                                       
02 exclusiveness of liability for workers' compensation."                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.30.045(a) is amended to read:                                                                  
05            (a)  An employer is liable for and shall secure the payment to employees of the                              
06       compensation payable under AS 23.30.041, 23.30.050, 23.30.095, 23.30.145, and                                     
07       23.30.180 - 23.30.215.  If the employer is a subcontractor, the contractor or, if there is                    
08       a project owner, the project owner is liable for and shall secure the payment of the                          
09       compensation to employees of the subcontractor unless the subcontractor secures the                               
10       payment.  If the employer is a contractor, the project owner is liable for and shall                          
11       secure the payment of the compensation to employees of the contractor unless the                              
12       contractor secures the payment.                                                                               
13    * Sec. 2.  AS 23.30.045(f) is amended by adding a new paragraph to read:                                           
14                 (3)  "project owner" means a person who, in the course of the person's                                  

01       business engages the services of a contractor for the performance of certain work and                             
02       who enjoys the beneficial use of the work.                                                                        
03    * Sec. 3.  AS 23.30.055 is amended to read:                                                                        
04            Sec. 23.30.055.  Exclusiveness of liability.  The liability of an employer                                 
05       prescribed in AS 23.30.045 is exclusive and in place of all other liability of the                                
06       employer and any fellow employee to the employee, the employee's legal                                            
07       representative, husband or wife, parents, dependents, next of kin, and anyone                                     
08       otherwise entitled to recover damages from the employer or fellow employee at law or                              
09       in admiralty on account of the injury or death.  The liability of the employer is                                 
10       exclusive even if the employee's claim is barred under AS 23.30.022.  However, if an                              
11       employer fails to secure payment of compensation as required by this chapter, an                                  
12       injured employee or the employee's legal representative in case death results from the                            
13       injury may elect to claim compensation under this chapter, or to maintain an action                               
14       against the employer at law or in admiralty for damages on account of the injury or                               
15       death.  In that action the defendant may not plead as a defense that the injury was                               
16       caused by the negligence of a fellow servant, or that the employee assumed the risk of                            
17       the employment, or that the injury was due to the contributory negligence of the                                  
18       employee.  In this section, "employer" includes, in addition to the meaning given                             
19       in AS 23.30.395, a person who, under AS 23.30.045(a), is required to secure                                   
20       payment of compensation.