00                            HOUSE BILL NO. 276                                                                          
01 "An Act making the Alaska Wage and Hour Act inapplicable to certain employees of                                        
02 motor vehicle dealers; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.10.055(a) is amended to read:                                                                   
05            (a)  The provisions of AS 23.10.050 - 23.10.150 do not apply to                                              
06                 (1)  an individual employed in agriculture, which includes farming in                                   
07       all its branches and, among other things, includes the cultivation and tillage of the soil,                       
08       dairying, the production, cultivation, growing, and harvesting of any agricultural or                             
09       horticultural commodities, the raising of livestock, bees, fur-bearing animals, or                                
10       poultry, and any practices, including forestry and lumbering operations, performed by                             
11       a farmer or on a farm as an incident to or in conjunction with the farming operations,                            
12       including preparation for market, or delivery to storage or to market or to carriers for                          
13       transportation to market;                                                                                         
14                 (2)  an individual employed in the catching, trapping, cultivating or                                   

01       farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of                             
02       animal and vegetable life;                                                                                        
03                 (3)  an individual employed in the hand picking of shrimp;                                              
04                 (4)  an individual employed in domestic service, including a baby-                                      
05       sitter, in or about a private home;                                                                               
06                 (5)  an individual employed by the United States or by the state or a                                   
07       political subdivision of the state, except as provided in AS 23.10.065(b), including                              
08       prisoners not on furlough detained or confined in prison facilities;                                              
09                 (6)  an individual engaged in the nonprofit activities of a nonprofit                                   
10       religious, charitable, cemetery, or educational organization or other nonprofit                                   
11       organization where the employer-employee relationship does not, in fact, exist, and                               
12       where services rendered to the organization are on a voluntary basis and are related                              
13       only to the organization's nonprofit activities; for purposes of this paragraph,                                  
14       "nonprofit activities" means activities for which the nonprofit organization does not                             
15       incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended;                              
16                 (7)  an employee engaged in the delivery of newspapers to the                                           
17       consumer;                                                                                                         
18                 (8)  an individual employed solely as a watchman or caretaker of a                                      
19       plant or property that is not in productive use for a period of four months or more;                              
20                 (9)  an individual employed                                                                             
21                      (A)  in a bona fide executive, administrative, or professional                                     
22            capacity;                                                                                                    
23                      (B)  in the capacity of an outside salesman or a salesman who is                                   
24            employed on a straight commission basis; or                                                                  
25                      (C)  as a computer systems analyst, computer programmer,                                           
26            software engineer, or other similarly skilled worker;                                                        
27                 (10)  an individual employed in the search for placer or hard rock                                      
28       minerals;                                                                                                         
29                 (11)  an individual under 18 years of age employed on a part-time basis                                 
30       not more than 30 hours in a week;                                                                                 
31                 (12)  employment by a nonprofit educational or child care facility to                                   

01       serve as a parent of children while the children are in residence at the facility if the                          
02       employment requires residence at the facility and is compensated on a cash basis                                  
03       exclusive of room and board at an annual rate of not less than                                                    
04                      (A)  $10,000 for an unmarried person; or                                                           
05                      (B)  $15,000 for a married couple;                                                                 
06                 (13)  an individual who drives a taxicab, is compensated for taxicab                                    
07       services exclusively by customers of the service, whose written contractual                                       
08       arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch                                  
09       services are based upon flat contractual rates and not based on a percentage share of                             
10       the individual's receipts from customers, and whose written contract with owners of                               
11       taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that                          
12       the contract places no restrictions on hours worked by the individual or on areas in                              
13       which the individual may work except to comply with local ordinances;                                             
14                 (14)  a person who holds a license under AS 08.54 and who is                                            
15       employed by a registered guide-outfitter or master guide-outfitter licensed under AS                              
16       08.54, for the first 60 workdays in which the person is employed by the registered                                
17       guide-outfitter or master guide-outfitter during a calendar year;                                                 
18                 (15)  an individual engaged in activities for a nonprofit religious,                                    
19       charitable, civic, cemetery, recreational, or educational organization where the                                  
20       employer-employee relationship does not, in fact, exist, and where services are                                   
21       rendered to the organization under a work activity requirement of AS 47.27 (Alaska                                
22       temporary assistance program);                                                                                    
23                 (16)  an individual who                                                                                 
24                      (A)  provides emergency medical services only on a voluntary                                       
25            basis;                                                                                                       
26                      (B)  serves with a full-time fire department only on a voluntary                                   
27            basis; or                                                                                                    
28                      (C)  provides ski patrol services on a voluntary basis; [OR]                                       
29                 (17)  a student participating in a University of Alaska practicum                                       
30       described under AS 14.40.065;                                                                                 
31                 (18)  an individual who is employed by a motor vehicle dealer and                                   

01       whose primary duty is to                                                                                      
02                      (A)  receive, analyze, or reference requests for service,                                      
03            repair, or analysis of motor vehicles;                                                                   
04                      (B)  arrange financing for the sale of motor vehicles and                                      
05            related products and services that are added or included as part of the                                  
06            sale; or                                                                                                 
07                      (C)  solicit, sell, lease, or exchange motor vehicles.                                         
08    * Sec. 2. AS 23.10.055 is amended by adding a new subsection to read:                                              
09            (d)  In (a)(18) of this section,                                                                             
10                 (1)  "lease" means a contract by which a person owning a motor vehicle                                  
11       grants to another person the right to possess, use, and enjoy the motor vehicle for a                             
12       specified period of time in exchange for periodic payment of a stipulated price and in                            
13       which the use of the vehicle is granted for a period of at least 12 months;                                       
14                 (2)  "motor vehicle" has the meaning given in AS 45.25.990;                                             
15                 (3)  "motor vehicle dealer" has the meaning given in AS 08.66.350,                                      
16       except that, in this paragraph, notwithstanding the definition of "motor vehicle dealer"                          
17       given in AS 08.66.350, "motor vehicle" has the meaning given in this section.                                     
18    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).