00 CS FOR SENATE BILL NO. 174(L&C)                                                                                         
01 "An Act exempting certain taxicab operators from coverage under the Alaska                                              
02 Wage and Hour Act, the Alaska Employment Security Act, and the Alaska                                                   
03 Workers' Compensation Act; and providing for an effective date."                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  PURPOSE.  The purpose of this Act is to clarify existing law regarding the                             
06 application of the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the                                
07 Alaska Workers' Compensation Act to taxicab drivers who receive compensation only from                                  
08 customers and whose relationship with permit owners, operators, and dispatch companies is                               
09 based solely on a contractual flat fee payment by the driver.                                                           
10    * Sec. 2.  AS 23.10.055 is amended by adding a new paragraph to read:                                                
11   (13)  an individual who drives a taxicab, is compensated for taxicab                                                 
12 services exclusively by customers of the service, and 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                                   
01 the individual's receipts from customers.                                                                               
02    * Sec. 3.  AS 23.20.526(a) is amended by adding a new paragraph to read:                                             
03   (21)  service performed by an individual who drives a taxicab whose                                                  
04 compensation and written contractual arrangements are as described in                                                   
05 AS 23.10.055(13).                                                                                                       
06    * Sec. 4.  AS 23.30.230(a) is amended to read:                                                                       
07  (a)  The following persons are not covered by this chapter:                                                           
08   (1)  part-time baby-sitters;                                                                                         
09   (2)  cleaning persons;                                                                                               
10   (3)  harvest help and similar part-time or transient help;                                                           
11   (4)  persons employed as entertainers on a contractual basis; [AND]                                                  
12   (5)  commercial fishermen, as defined in AS 16.05.940; and                                                          
13   (6)  individuals who drive taxicabs whose compensation and written                                                   
14 contractual arrangements are as described in AS 23.10.055(13).                                                         
15    * Sec. 5.  AS 23.10.060(d)(7) is repealed.                                                                           
16    * Sec. 6.  The provisions of sec. 3 of this Act apply to determinations under AS 23.20 as                            
17 to the employment status of taxicab drivers for service before the effective date of this Act                           
18 if the employment status has not been the subject of a notice of determination under                                    
19 AS 23.20.315.                                                                                                           
20    * Sec. 7.  SEVERABILITY.  Under AS 01.10.030, if any provision of this Act, or the                                   
21 application of a provision of this Act to any person or circumstance is held invalid, the                               
22 remainder of this Act and the application to other persons or circumstances shall not be                                
23 affected.                                                                                                               
24    * Sec. 8.  This Act takes effect immediately under AS 01.10.070(c).