00SENATE BILL NO. 122                                                                                                     
01 "An Act excluding certain direct sellers of consumer products from coverage                                             
02 under the state unemployment compensation laws."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.20.526(a) is amended by adding a new paragraph to read:                                          
05   (21)  service of an individual who                                                                                   
06   (A)  directly sells or solicits the sale of consumer products in a                                                  
07 prospective consumer's home but only if the seller or solicitor is physically                                           
08 present in the home at the time of the sale or solicitation, as applicable; a sale                                      
09 or solicitation by telephone, mail, other telecommunications method, or other                                           
10 nonpersonal method does not satisfy the requirement of this subparagraph;                                               
11   (B)  is compensated solely by                                                                                       
12   (i)  commissions on sales; or                                                                                      
13   (ii)  a profit represented by the difference between the                                                           
14 wholesale cost of the product to the seller and the final sale price to the                                             

01 consumer; and                                                                                                           
02   (C)  performs under a written contract with the person for whom                                                     
03 the service is performed that provides, notwithstanding AS 23.20.395(a), that                                           
04 the individual is not an employee for purposes of this chapter or for federal or                                        
05 state tax purposes.