CSHB 218(STA): "An Act relating to the payment of certain trucking owner-operators."

00CS FOR HOUSE BILL NO. 218(STA) 01 "An Act relating to the payment of certain trucking owner-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 OWNER-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 owner-operator 04 for the trucking owner-operator to haul material for the construction project, the prime 05 contractor or subcontractor who contracts with the trucking owner-operator shall pay 06 the trucking owner-operator for the hauling within 14 days after the trucking 07 owner-operator submits a bill for the hauling to the prime contractor or subcontractor 08 who contracts with the trucking owner-operator. A trucking owner-operator may not 09 submit more than two bills a month under this section to the same prime contractor 10 or subcontractor. 11  (b) Notwithstanding AS 36.90.200 - 36.90.290, if a payment is not made as 12 required by (a) of this section, the prime contractor or subcontractor who contracts 13 with the trucking owner-operator shall pay the trucking owner-operator interest on the 14 unpaid amount of the required payment from the eighth calendar day after the date 15 required for payment under (a) of this section at an interest rate that is equal to 1.5 16 percent a month. 17  (c) In order to be covered by this section, a trucking owner-operator must have 18 all licenses, permits, and insurance for the hauling required by the state and by the 19 municipality, if any, where the construction project takes place. 20  (d) In this section, 21  (1) "construction project" means the construction, alteration, repairing, 22 moving, or demolishing of a building, highway, road, railroad, or other improvement 23 to real property; 24  (2) "material" includes dirt, gravel, asphalt, brush, salt, demolition 25 debris, contaminated soil, and contaminated waste, but does not include pre-mixed wet 26 concrete; 27  (3) "person" includes the state and a subdivision of the state; 28  (4) "prime contractor" means a person who enters into a contract 29 directly with an owner or lessor of real property for a construction project on the real 30 property; 31  (5) "subcontractor" means a person at any level, other than a prime

01 contractor or a supplier, who provides materials or services, other than as an employee, 02 to be used in a construction project; 03  (6) "trucking owner-operator" means a person who owns and operates, 04 other than as an employee, a truck to haul material for a construction project, but does 05 not include a person whose hauling is subject to 49 U.S.C. 10101 - 11916 (Interstate 06 Commerce Act). 07 * Sec. 3. This Act applies to contracts that are entered into on or after the effective date 08 of this Act.