HB 2: "An Act exempting certain unpaid students from the Alaska Wage and Hour Act."

00                              HOUSE BILL NO. 2                                                                           
01 "An Act exempting certain unpaid students from the Alaska Wage and Hour Act."                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 23.10.055(a) is amended to read:                                                                   
04            (a)  The provisions of AS 23.10.050 - 23.10.150 do not apply to                                              
05                 (1)  an individual employed in agriculture, which includes farming in                                   
06       all its branches and, among other things, includes the cultivation and tillage of the soil,                       
07       dairying, the production, cultivation, growing, and harvesting of any agricultural or                             
08       horticultural commodities, the raising of livestock, bees, fur-bearing animals, or                                
09       poultry, and any practices, including forestry and lumbering operations, performed by                             
10       a farmer or on a farm as an incident to or in conjunction with the farming operations,                            
11       including preparation for market, or delivery to storage or to market or to carriers for                          
12       transportation to market;                                                                                         
13                 (2)  an individual employed in the catching, trapping, cultivating or                                   
14       farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of                             
15       animal and vegetable life;                                                                                        
01                 (3)  an individual employed in the hand picking of shrimp;                                              
02                 (4)  an individual employed in domestic service, including a baby-                                      
03       sitter, in or about a private home;                                                                               
04                 (5)  an individual employed by the United States or by the state or a                                   
05       political subdivision of the state, except as provided in AS 23.10.065(b), including                              
06       prisoners not on furlough detained or confined in prison facilities;                                              
07                 (6)  an individual engaged in the nonprofit activities of a nonprofit                                   
08       religious, charitable, cemetery, or educational organization or other nonprofit                                   
09       organization where the employer-employee relationship does not, in fact, exist, and                               
10       where services rendered to the organization are on a voluntary basis and are related                              
11       only to the organization's nonprofit activities; for purposes of this paragraph,                                  
12       "nonprofit activities" means activities for which the nonprofit organization does not                             
13       incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended;                              
14                 (7)  an employee engaged in the delivery of newspapers to the                                           
15       consumer;                                                                                                         
16                 (8)  an individual employed solely as a watchman or caretaker of a                                      
17       plant or property that is not in productive use for a period of four months or more;                              
18                 (9)  an individual employed                                                                             
19                      (A)  in a bona fide executive, administrative, or professional                                     
20            capacity;                                                                                                    
21                      (B)  in the capacity of an outside salesman or a salesman who is                                   
22            employed on a straight commission basis; or                                                                  
23                      (C)  as a computer systems analyst, computer programmer,                                           
24            software engineer, or other similarly skilled worker;                                                        
25                 (10)  an individual employed in the search for placer or hard rock                                      
26       minerals;                                                                                                         
27                 (11)  an individual under 18 years of age employed on a part-time basis                                 
28       not more than 30 hours in a week;                                                                                 
29                 (12)  employment by a nonprofit educational or child care facility to                                   
30       serve as a parent of children while the children are in residence at the facility if the                          
31       employment requires residence at the facility and is compensated on a cash basis                                  
01       exclusive of room and board at an annual rate of not less than                                                    
02                      (A)  $10,000 for an unmarried person; or                                                           
03                      (B)  $15,000 for a married couple;                                                                 
04                 (13)  an individual who drives a taxicab, is compensated for taxicab                                    
05       services exclusively by customers of the service, whose written contractual                                       
06       arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch                                  
07       services are based upon flat contractual rates and not based on a percentage share of                             
08       the individual's receipts from customers, and whose written contract with owners of                               
09       taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that                          
10       the contract places no restrictions on hours worked by the individual or on areas in                              
11       which the individual may work except to comply with local ordinances;                                             
12                 (14)  a person who holds a license under AS 08.54 and who is                                            
13       employed by a registered guide-outfitter or master guide-outfitter licensed under                                 
14       AS 08.54, for the first 60 workdays in which the person is employed by the registered                             
15       guide-outfitter or master guide-outfitter during a calendar year;                                                 
16                 (15)  an individual engaged in activities for a nonprofit religious,                                    
17       charitable, civic, cemetery, recreational, or educational organization where the                                  
18       employer-employee relationship does not, in fact, exist, and where services are                                   
19       rendered to the organization under a work activity requirement of AS 47.27 (Alaska                                
20       temporary assistance program);                                                                                    
21                 (16)  an individual who                                                                                 
22                      (A)  provides emergency medical services only on a voluntary                                       
23            basis;                                                                                                       
24                      (B)  serves with a full-time fire department only on a voluntary                                   
25            basis; or                                                                                                    
26                      (C)  provides ski patrol services on a voluntary basis;                                            
27                 (17)  a student participating in an unpaid practicum as part of a                                   
28       course of study at a postsecondary school; in this paragraph, "practicum" means                               
29       a program for a student to gain practical work experience as part of a                                        
30       curriculum at a postsecondary school [A UNIVERSITY OF ALASKA                                                  
31       PRACTICUM DESCRIBED UNDER AS 14.40.065];                                                                          
01                 (18)  an individual who is employed by a motor vehicle dealer and                                       
02       whose primary duty is to                                                                                          
03                      (A)  receive, analyze, or reference requests for service, repair,                                  
04            or analysis of motor vehicles;                                                                               
05                      (B)  arrange financing for the sale of motor vehicles and related                                  
06            products and services that are added or included as part of the sale; or                                     
07                      (C)  solicit, sell, lease, or exchange motor vehicles.