CSSB 174(L&C) AM: "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) 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).