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SB 369: "An Act exempting a person who allows a student of the University of Alaska to gain practical work experience with the person while participating in a practicum from vicarious liability as an employer, and exempting the student participating in a practicum from the Alaska Wage and Hour Act and workers' compensation coverage."

00                             SENATE BILL NO. 369                                                                         
01 "An Act exempting a person who allows a student of the University of Alaska to gain                                     
02 practical work experience with the person while participating in a practicum from                                       
03 vicarious liability as an employer, and exempting the student participating in a                                        
04 practicum from the Alaska Wage and Hour Act and workers' compensation coverage."                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 14.40 is amended by adding a new section to read:                                                 
07            Sec. 14.40.065.  Student practicums.  A person who agrees to allow a student                               
08       of the university to gain practical work experience with the person in a practicum that                           
09       is part of the student's curriculum is not considered to be an employer of the student                            
10       for a civil action based on the vicarious liability of an employer for the acts of an                             
11       employee.                                                                                                         
12    * Sec. 2.  AS 23.10.055 is amended to read:                                                                        
13            Sec. 23.10.055.  Exemptions.  The provisions of AS 23.10.050 - 23.10.150 do                                
14       not apply to                                                                                                      
01                 (1)  an individual employed in agriculture, which includes farming in                                   
02       all its branches and, among other things, includes the cultivation and tillage of the soil,                       
03       dairying, the production, cultivation, growing, and harvesting of any agricultural or                             
04       horticultural commodities, the raising of livestock, bees, fur-bearing animals, or                                
05       poultry, and any practices, including forestry and lumbering operations, performed by                             
06       a farmer or on a farm as an incident to or in conjunction with the farming operations,                            
07       including preparation for market, delivery to storage or to market or to carriers for                             
08       transportation to market;                                                                                         
09                 (2)  an individual employed in the catching, trapping, cultivating or                                   
10       farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of                         
11       animal and vegetable life;                                                                                        
12                 (3)  an individual employed in the hand picking of shrimp;                                              
13                 (4)  an individual employed in domestic service, including a baby-                                      
14       sitter, in or about a private home;                                                                               
15                 (5)  an individual employed by the United States or by the state or                                     
16       political subdivision of the state, except as provided in AS 23.10.065(b), including                              
17       prisoners not on furlough detained or confined in prison facilities;                                              
18                 (6)  an individual engaged in the nonprofit activities of a nonprofit                                   
19       religious, charitable, cemetery, or educational organization or other nonprofit                                   
20       organization where the employer-employee relationship does not, in fact, exist, and                               
21       where services rendered to the organization are on a voluntary basis and are related                              
22       only to the organization's nonprofit activities; for purposes of this paragraph,                                  
23       "nonprofit activities" means activities for which the nonprofit organization does not                             
24       incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended;                              
25                 (7)  an employee engaged in the delivery of newspapers to the                                           
26       consumer;                                                                                                         
27                 (8)  an individual employed solely as a watchman or caretaker of a                                      
28       plant or property that is not in productive use for a period of four months or more;                              
29                 (9)  an individual employed in a bona fide executive, administrative, or                                
30       professional capacity or in the capacity of an outside salesman or a salesman who is                              
31       employed on a straight commission basis;                                                                          
01                 (10)  an individual employed in the search for placer or hard rock                                      
02       minerals;                                                                                                         
03                 (11)  an individual under 18 years of age employed on a part-time basis                                 
04       not more than 30 hours in a week;                                                                                 
05                 (12)  employment by a nonprofit educational or child care facility to                                   
06       serve as a parent of children while the children are in residence at the facility if the                          
07       employment requires residence at the facility and is compensated on a cash basis                                  
08       exclusive of room and board at an annual rate of not less than                                                    
09                      (A)  $10,000 for an unmarried person; or                                                           
10                      (B)  $15,000 for a married couple;                                                                 
11                 (13)  an individual who drives a taxicab, is compensated for taxicab                                    
12       services exclusively by customers of the service, whose written contractual                                       
13       arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch                                  
14       services are based upon flat contractual rates and not based on a percentage share of                             
15       the individual's receipts from customers, and whose written contract with owners of                               
16       taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that                          
17       the contract places no restrictions on hours worked by the individual or on areas in                              
18       which the individual may work except to comply with local ordinances;                                             
19                 (14)  a person who holds a license under AS 08.54 and who is                                            
20       employed by a registered guide or master guide licensed under AS 08.54, for the first                             
21       60 work days in which the person is employed by the registered guide or master guide                              
22       during a calendar year;                                                                                           
23                 (15)  an individual engaged in activities for a nonprofit religious,                                    
24       charitable, civic, cemetery, recreational, or educational organization where the                                  
25       employer-employee relationship does not, in fact, exist, and where services are                                   
26       rendered to the organization under a work activity requirement of AS 47.27 (Alaska                                
27       temporary assistance program); [OR]                                                                               
28                 (16)  an individual who                                                                                 
29                      (A)  provides emergency medical services only on a voluntary                                       
30            basis;                                                                                                       
31                      (B)  serves with a full-time fire department only on a voluntary                                   
01            basis; or                                                                                                    
02                      (C)  provides ski patrol services on a voluntary basis; or                                     
03                 (17)  a student participating in a University of Alaska practicum                                   
04       described under AS 14.40.065.                                                                                 
05    * Sec. 3.  AS 23.30.230(a) is amended to read:                                                                     
06            (a)  The following persons are not covered by this chapter:                                                  
07                 (1)  a part-time baby-sitter;                                                                           
08                 (2)  a cleaning person;                                                                                 
09                 (3)  harvest help and similar part-time or transient help;                                              
10                 (4)  a person employed as a sports official on a contractual basis and                                  
11       who officiates only at sports events in which the players are not compensated; in this                            
12       paragraph, "sports official" includes an umpire, referee, judge, scorekeeper,                                     
13       timekeeper, organizer, or other person who is a neutral participant in a sports event;                            
14                 (5)  a person employed as an entertainer on a contractual basis;                                        
15                 (6)  a commercial fisherman, as defined in AS 16.05.940;                                                
16                 (7)  an individual who drives a taxicab whose compensation and written                                  
17       contractual arrangement is as described in AS 23.10.055(13), unless the hours worked                              
18       by the individual or the areas in which the individual may work are restricted except to                          
19       comply with local ordinances;                                                                                     
20                 (8)  a participant in the Alaska temporary assistance program                                           
21       (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than                               
22       subsidized or unsubsidized work or on-the-job training; [AND]                                                     
23                 (9)  a person employed as a player or coach by a professional hockey                                    
24       team if the person is covered under a health care insurance plan provided by the                                  
25       professional hockey team, the coverage is applicable to both work-related [WORK                               
26       RELATED] and nonwork-related [NONWORK RELATED] injuries, and the                                              
27       coverage provides medical and related benefits as required under this chapter, except                             
28       that coverage may not be limited to two years from the date of injury as described                                
29       under AS 23.30.095(a); in this paragraph, "health care insurance" has the meaning                                 
30       given in AS 21.12.050; and                                                                                    
31                 (10)  a student participating in a University of Alaska practicum                                   
01       described under AS 14.40.065.