CSSB 174(L&C): "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act; and providing for an effective date."
00CS 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 AS 23.10.060(d)(7) is repealed. 16 * Sec. 6.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).