00                              HOUSE BILL NO. 22                                                                          
01 "An Act relating to requiring subcontractors who do not have employees and who are                                      
02 acting as independent contractors to secure payment for workers' compensation, and to                                   
03 requiring subcontractors who fail to secure payment of workers' compensation to pay                                     
04 additional premiums incurred by contractors because of that failure."                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 23.30.045 is amended by adding new subsections to read:                                            
07            (g)  A subcontractor who is hired by a contractor as an independent contractor                               
08       and who has no employees during the term of the contract is liable for and shall secure                           
09       the payment of compensation payable under AS 23.30.041, 23.30.050, 23.30.095,                                     
10       23.30.145, and 23.30.180 - 23.30.215 that provides coverage for the subcontractor. If                             
11                 (1)  the subcontractor fails to secure the payment of compensation                                      
12       required by this subsection, the contractor is liable for and shall secure the payment of                         
13       the compensation for the subcontractor;                                                                           
14                 (2)  the contractor fails to secure the payment of compensation for the                                 
01       subcontractor required by (1) of this subsection, the project owner is liable for and                             
02       shall secure the payment of the compensation required by this subsection.                                         
03            (h)  If a subcontractor fails to secure the payment required under (a) or (g) of                             
04       this section and the contractor becomes liable for an additional premium because of                               
05       the subcontractor's failure to secure payment, the subcontractor is liable to the                                 
06       contractor for the amount of the additional premium.