HB 218: "An Act relating to the payment of certain trucking operators."
00HOUSE BILL NO. 218 01 "An Act relating to the payment of certain trucking operators." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 37.05.285(d) is amended to read: 04 (d) This section does not apply 05 (1) if the cost of the goods or services purchased exceeds $500,000; 06 (2) to payment for specific goods or services in dispute after a seller 07 of goods or services receives notice from the state official responsible for authorizing 08 payment for goods and services that the amount of the invoice or quality of specific 09 goods or services is in dispute and stating the reasons for the dispute; [:] the state 10 agency shall pay for the specific goods or services in dispute within 30 days after 11 resolution of the dispute; or 12 (3) to a contract covered by AS 36.90.200 - 36.90.290 or 13 AS 45.45.920. 14 * Sec. 2. AS 45.45 is amended by adding a new section to read:
01 Sec. 45.45.920. PAYMENT OF TRUCKING OPERATORS. (a) 02 Notwithstanding AS 36.30.200 - 36.30.290, if a prime contractor or a subcontractor on 03 a construction contract contracts orally or in writing with a trucking operator for the 04 trucking operator to haul material for the construction project, the prime contractor or 05 subcontractor who contracts with the trucking operator shall pay the trucking operator 06 for the hauling within 14 days after the trucking operator submits a bill for the hauling 07 to the prime contractor or subcontractor who contracts with the trucking operator. 08 (b) Notwithstanding AS 36.90.200 - 36.90.290, if a payment is not made as 09 required by (a) of this section, the prime contractor or subcontractor who contracts 10 with the trucking operator shall pay the trucking operator interest on the unpaid 11 amount of the required payment from the eighth calendar day after the date required 12 for payment under (a) of this section at an interest rate that is equal to 1.5 percent a 13 month. 14 (c) In order to be covered by this section, a trucking operator must have all 15 licenses, permits, and insurance for the hauling required by the state and by the 16 municipality, if any, where the construction project takes place. 17 (d) In this section, 18 (1) "construction project" means the construction, alteration, repairing, 19 moving, or demolishing of a building, highway, road, railroad, or other improvement 20 to real property; 21 (2) "material" includes dirt, gravel, asphalt, contaminated soil, and 22 contaminated waste, but does not include pre-mixed wet concrete; 23 (3) "person" includes the state and a subdivision of the state; 24 (4) "prime contractor" means a person who enters into a contract 25 directly with an owner or lessor of real property for a construction project on the real 26 property; 27 (5) "subcontractor" means a person at any level, other than a prime 28 contractor, who provides materials or services, other than as an employee, to be used 29 in a construction project; 30 (6) "trucking operator" means a person who operates, either personally 31 or through an employee, a truck to haul material for a construction project, but does
01 not include a person whose hauling is subject to 49 U.S.C. 10101 - 11916 (Interstate 02 Commerce Act). 03 * Sec. 3. This Act applies to contracts that are entered into on or after the effective date 04 of this Act.