00 CS FOR SENATE BILL NO. 174(L&C) am                                                                                      
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, 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, and whose written contract with owners of                                     
02 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that                                
03 the contract places no restrictions on hours worked by the individual or on areas in                                    
04 which the individual may work except to comply with local ordinances.                                                   
05    * Sec. 3.  AS 23.20.526(a) is amended by adding a new paragraph to read:                                             
06   (21)  service performed by an individual who drives a taxicab whose                                                  
07 compensation and written contractual arrangements are as described in                                                   
08 AS 23.10.055(13).                                                                                                       
09    * Sec. 4.  AS 23.30.230(a) is amended to read:                                                                       
10  (a)  The following persons are not covered by this chapter:                                                           
11   (1)  part-time baby-sitters;                                                                                         
12   (2)  cleaning persons;                                                                                               
13   (3)  harvest help and similar part-time or transient help;                                                           
14   (4)  persons employed as entertainers on a contractual basis; [AND]                                                  
15   (5)  commercial fishermen, as defined in AS 16.05.940; and                                                          
16   (6)  individuals who drive taxicabs whose compensation and written                                                   
17 contractual arrangements are as described in AS 23.10.055(13), unless the hours                                         
18 worked by the individual or the areas in which the individual may work are                                              
19 restricted except to comply with local ordinances.                                                                     
20    * Sec. 5.  AS 23.10.060(d)(7) is repealed.                                                                           
21    * Sec. 6.  The provisions of sec. 3 of this Act apply to determinations under AS 23.20 as                            
22 to the employment status of taxicab drivers for service before the effective date of this Act                           
23 if the employment status has not been the subject of a notice of determination under                                    
24 AS 23.20.315.                                                                                                           
25    * Sec. 7.  SEVERABILITY.  Under AS 01.10.030, if any provision of this Act, or the                                   
26 application of a provision of this Act to any person or circumstance is held invalid, the                               
27 remainder of this Act and the application to other persons or circumstances shall not be                                
28 affected.                                                                                                               
29    * Sec. 8.  This Act takes effect immediately under AS 01.10.070(c).