Legislature(2025 - 2026)
2026-05-17 Senate Journal
Full Journal pdf2026-05-17 Senate Journal Page 2726 HB 214 CS FOR HOUSE BILL NO. 214(STA) which had been read the third time and moved to the bottom of the calendar today, was before the Senate. Senator Bjorkman moved the bill be returned to second reading the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Bjorkman offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to transportation network companies and delivery network companies;" Page 1, line 2, following "judgments": Insert "; relating to insurance coverage for transportation of persons for hire; and relating to occupational accident insurance" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 21.96 is amended by adding a new section to read: Sec. 21.96.017. Transportation and delivery network company occupational accident insurance. An insurer authorized to write commercial casualty insurance in this state may issue group or blanket occupational accident insurance required under AS 28.23.065. In this section, "group or blanket occupational accident insurance" does not include health care insurance as defined under AS 21.12.050 or workers' compensation insurance. 2026-05-17 Senate Journal Page 2727 * Sec. 2. AS 21.96.018(a) is amended to read: (a) Insurers that write automobile insurance in the state may, notwithstanding any requirement under AS 28.20, exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged onto the digital network of a transportation network company, [OR] while a driver provides a prearranged ride, or while a courier provides delivery services. The right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including (1) liability coverage for bodily injury and property damage; (2) uninsured and underinsured motorist coverage; (3) medical payments coverage; (4) comprehensive physical damage coverage; and (5) collision physical damage coverage. * Sec. 3. AS 21.96.018(b) is amended to read: (b) Nothing in this section (1) implies or requires that a personal automobile insurance policy provide coverage while a [THE DRIVER] (A) driver is logged onto the digital network of a transportation network company; (B) driver is engaged in a prearranged ride; [OR] (C) driver otherwise uses a personal vehicle to transport passengers for compensation; or (D) courier is providing delivery services; (2) may be construed to require an insurer to use specific policy language or to refer to this section in order to exclude any and all coverage for any loss or injury that occurs while a [DRIVER] (A) driver is logged onto the digital network of a transportation network company; [OR] (B) driver provides a prearranged ride; or (C) courier provides delivery services; or (3) precludes an insurer from providing coverage for the personal vehicle of a transportation network company driver or delivery network company courier if the insurer chooses to provide coverage by contract or endorsement. * Sec. 4. AS 21.96.018(f) is amended to read: (f) In this section, "courier," "delivery network company," "delivery network company courier," "delivery services," "digital network," "driver," "personal vehicle," "prearranged ride," 2026-05-17 Senate Journal Page 2728 "transportation network company," and "transportation network company driver" have the meanings given in AS 28.23.180. * Sec. 5. AS 23.30.230(a) is amended to read: (a) The following persons are not covered by this chapter: (1) a part-time babysitter; (2) a cleaning person; (3) harvest help and similar part-time or transient help; (4) a person employed as a sports official on a contractual basis and who officiates only at sports events in which the players are not compensated; in this paragraph, "sports official" includes an umpire, referee, judge, scorekeeper, timekeeper, organizer, or other person who is a neutral participant in a sports event; (5) a person employed as an entertainer on a contractual basis; (6) a commercial fisherman, as defined in AS 16.05.940; (7) an individual who drives a taxicab and whose compensation and written contractual arrangement is as described in AS 23.10.055(a)(13), unless the hours worked by the individual or the areas in which the individual may work are restricted except to comply with local ordinances; (8) a participant in the Alaska temporary assistance program (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than subsidized or unsubsidized work or on-the- job training; (9) a person employed as a player or coach by a professional hockey team if the person is covered under a health care insurance plan provided by the professional hockey team, the coverage is applicable to both work-related and nonwork-related injuries, and the coverage provides medical and related benefits as required under this chapter, except that coverage may not be limited to two years from the date of injury as described under AS 23.30.095(a); in this paragraph, "health care insurance" has the meaning given in AS 21.12.050; (10) a person working as a qualified real estate licensee who performs services under a written contract that provides that the person will not be treated as an employee for federal income tax or workers' compensation purposes; in this paragraph, "qualified real estate licensee" means a person who is required to be licensed under AS 08.88.161 and whose payment for services is directly related to sales or other output rather than the number of hours worked; (11) a transportation network company driver who provides a prearranged ride or is otherwise logged onto the digital network of a 2026-05-17 Senate Journal Page 2729 transportation network company as a driver; [AND] (12) a person employed as an independent contractor; a person is an independent contractor for the purposes of this section only if the person (A) has an express contract to perform the services; (B) is free from direction and control over the means and manner of providing services, subject only to the right of the individual for whom, or entity for which, the services are provided to specify the desired results, completion schedule, or range of work hours, or to monitor the work for compliance with contract plans and specifications, or federal, state, or municipal law; (C) incurs most of the expenses for tools, labor, and other operational costs necessary to perform the services, except that materials and equipment may be supplied; (D) has an opportunity for profit and loss as a result of the services performed for the other individual or entity; (E) is free to hire and fire employees to help perform the services for the contracted work; (F) has all business, trade, or professional licenses required by federal, state, or municipal authorities for a business or individual engaging in the same type of services as the person; (G) follows federal Internal Revenue Service requirements by (i) obtaining an employer identification number, if required; (ii) filing business or self-employment tax returns for the previous tax year to report profit or income earned for the same type of services provided under the contract; or (iii) intending to file business or self-employment tax returns for the current tax year to report profit or income earned for the same type of services provided under the contract if the person's business was not operating in the previous tax year; and (H) meets at least two of the following criteria: (i) the person is responsible for the satisfactory completion of services that the person has contracted to perform and is subject to liability for a failure to complete the contracted work, or maintains liability insurance or other insurance policies necessary to protect the employees, financial interests, and customers of the person's business; (ii) the person maintains a business location or a business mailing address separate from the location of the individual for whom, or the entity for which, the services are performed; (iii) the person provides contracted services for two or more different 2026-05-17 Senate Journal Page 2730 customers within a 12-month period or engages in any kind of business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services; and (13) a delivery network company courier who provides delivery services or is otherwise logged onto the digital network of a delivery network company under AS 28.23.080." Page 1, line 4: Delete "Section 1" Insert "Sec. 6" Renumber the following bill sections accordingly. Page 1, following line 14: Insert new bill sections to read: "* Sec. 7. AS 28.20.440 is amended by adding a new subsection to read: (m) The motor vehicle liability policy of an operator of a vehicle used or maintained for the transportation of persons for hire must contain the following coverage while the operator is transporting persons for hire: (1) primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury, and property damage; (2) uninsured and underinsured motorists coverage, as required under AS 21.96.020 and this section, that provides at least $500,000 for death, bodily injury, and property damage, which may not be waived. * Sec. 8. AS 28.23.050(a) is amended to read: (a) A [TRANSPORTATION NETWORK COMPANY DRIVER, OR TRANSPORTATION NETWORK] company, on behalf of a [THE] driver or courier, shall maintain primary automobile insurance that (1) recognizes that (A) the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation; or (B) the courier is a delivery network company courier; (2) for a transportation network company, [AND THAT] covers the driver while the driver is logged onto the digital network of a transportation network company or while the driver is engaged in a prearranged ride; (3) for a delivery network company, covers the courier while the courier is using a motor vehicle and is providing delivery services 2026-05-17 Senate Journal Page 2731 or is available to receive an offer immediately following completion of delivery services but is not providing delivery services. * Sec. 9. AS 28.23.050(b) is amended to read: (b) The following automobile insurance requirements shall apply while a participating [TRANSPORTATION NETWORK COMPANY] driver is logged onto the digital network of a transportation network company and is available to receive transportation requests but is not engaged in a prearranged ride, and while a courier using a motor vehicle is logged onto the digital network of a delivery network company and is available to receive an offer immediately following completion of delivery services but is not providing delivery services: (1) primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury for each person, $100,000 for death and bodily injury for each incident, and $25,000 for property damage; (2) uninsured or underinsured motor vehicle coverage as required under AS 21.96.020 and AS 28.20.440; a transportation network company may not waive the coverage [; (3) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION MAY BE SATISFIED BY (A) AUTOMOBILE INSURANCE MAINTAINED BY THE TRANSPORTATION NETWORK COMPANY DRIVER; (B) AUTOMOBILE INSURANCE MAINTAINED BY THE TRANSPORTATION NETWORK COMPANY; OR (C) ANY COMBINATION OF (A) AND (B) OF THIS PARAGRAPH]. * Sec. 10. AS 28.23.050(c) is amended to read: (c) The following automobile insurance requirements shall apply while a [TRANSPORTATION NETWORK COMPANY] driver is engaged in a prearranged ride or a courier using a motor vehicle is providing delivery services: (1) primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury, and property damage; (2) uninsured or underinsured motor vehicle coverage, as required under AS 21.96.020 and AS 28.20.440, that provides at least $500,000 for death, bodily injury, and property damage; a transportation network company may not waive the coverage [; (3) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION 2026-05-17 Senate Journal Page 2732 MAY BE SATISFIED BY (A) AUTOMOBILE INSURANCE MAINTAINED BY THE TRANSPORTATION NETWORK COMPANY DRIVER; (B) AUTOMOBILE INSURANCE MAINTAINED BY THE TRANSPORTATION NETWORK COMPANY; OR (C) A COMBINATION OF (A) AND (B) OF THIS PARAGRAPH]. * Sec. 11. AS 28.23.050(e) is amended to read: (e) Coverage under an automobile insurance policy maintained by the [TRANSPORTATION NETWORK] company may not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required first to deny a claim. * Sec. 12. AS 28.23.050(h) is amended to read: (h) A [TRANSPORTATION NETWORK COMPANY] driver or courier shall carry proof of coverage under (b) and (c) of this section, as applicable, with the driver or courier at all times during the driver's or courier's use of a vehicle while the driver or courier is logged onto the [IN CONNECTION WITH A] digital network of a [TRANSPORTATION NETWORK] company. In the event of an accident, a [TRANSPORTATION NETWORK COMPANY] driver or courier shall provide the insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers upon request under AS 28.22.019. Upon that request, a [TRANSPORTATION NETWORK COMPANY] driver or courier shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether the driver or courier was logged onto the digital network of a [TRANSPORTATION NETWORK] company, [OR] on a prearranged ride, or providing delivery services at the time of an accident. * Sec. 13. AS 28.23.050(i) is amended to read: (i) If the insurance carrier for the [TRANSPORTATION NETWORK] company makes a payment for a claim for physical damage to a personal vehicle that is subject to a lien, the insurance carrier shall pay the claim jointly to the owner of the personal vehicle and the primary lienholder or directly to the business repairing the personal vehicle. * Sec. 14. AS 28.23.060 is amended to read: Sec. 28.23.060. Transportation and delivery network company automobile insurance disclosures. A [TRANSPORTATION NETWORK] company shall disclose in writing to [TRANSPORTATION NETWORK COMPANY] drivers and 2026-05-17 Senate Journal Page 2733 couriers the following before the drivers or couriers are allowed to accept a request for a prearranged ride or delivery services on the digital network of the [TRANSPORTATION NETWORK] company: (1) the insurance coverage, including the types of coverage and the limits for each coverage, that the [TRANSPORTATION NETWORK] company provides while the [TRANSPORTATION NETWORK COMPANY] driver or courier uses a personal vehicle in connection with a [TRANSPORTATION NETWORK] company's digital network; (2) that the automobile insurance policy of the [TRANSPORTATION NETWORK COMPANY] driver or courier might not provide any coverage while the driver is logged onto the digital network of a transportation network company and is available to receive transportation requests, the driver [OR] is engaged in a prearranged ride, or the courier is providing delivery services, depending on the terms of the automobile insurance policy of the driver or courier; and (3) that, if the personal vehicle the [TRANSPORTATION NETWORK COMPANY] driver or courier uses to provide transportation network services or delivery services has a lien against it, using the motor vehicle for transportation network services or delivery services without physical damage coverage may violate the terms of the contract with the lienholder. * Sec. 15. AS 28.23 is amended by adding a new section to read: Sec. 28.23.065. Occupational accident insurance. (a) A company shall maintain group or blanket occupational accident insurance, issued by an insurer under AS 21.96.017, to provide coverage required under (b) of this section for an injury suffered by a driver or courier while the driver or courier is engaged in a prearranged ride or providing delivery services. (b) The occupational accident insurance policy required under this section must provide at least a combined single limit of $1,000,000 for each accident and payment of benefits that include (1) coverage for medical expenses incurred, up to at least $1,000,000, for up to 104 weeks following the injury; (2) coverage for total disability and partial disability, with payments made for up to 104 weeks following the injury that are equal to 66 percent of the driver's or courier's average weekly earnings as of the date of injury but not more than the maximum weekly compensation rate calculated under AS 23.30.175(a); however, if the average weekly earnings of the driver or courier is less than the minimum weekly 2026-05-17 Senate Journal Page 2734 compensation rate calculated under AS 23.30.175(a), the weekly compensation must be equal to 100 percent of the driver's or courier's average weekly earnings; (3) accidental death insurance for the benefit of spouses, children, or other dependents of a driver or courier for injuries suffered by a driver or courier that result in death in an amount equal to 66 percent of the driver's or courier's average weekly earnings as of the date of injury but not more than the maximum weekly compensation rate calculated under AS 23.30.175(a); however, if the average weekly earnings of the driver or courier is less than the minimum weekly compensation rate calculated under AS 23.30.175(a), the weekly compensation must be equal to 100 percent of the driver's or courier's average weekly earnings multiplied by 104 weeks; and (4) when injuries suffered by a driver or courier result in death, an amount to pay for reasonable burial expenses, not to exceed eight times the maximum weekly compensation rate calculated under AS 23.30.175(a). (c) A policy required under this section may provide that, regardless of the number of policies involved, claims made, premiums shown on the policy, or premiums paid, the limits for any coverage under the policy may not be added to the limits for similar occupational accident insurance coverage provided by another company to determine the limit of occupational accident insurance coverage available arising from a single injury. (d) A benefit provided to a driver or courier under an occupational accident insurance policy required under this section must be treated as an amount payable under medical payments coverage, workers' compensation law, or a disability benefit for the purpose of determining the amount payable under uninsured and underinsured motorists coverage provided under AS 28.20.440 and 28.20.445. (e) If a claim is covered by more than one occupational accident insurance policy maintained by more than one company, the insurer of the company against whom a claim is filed is entitled to a contribution for the pro rata share of coverage attributable to other companies. (f) In this section, "average weekly earnings" means the total earnings of a driver or courier received from all transportation network companies and delivery network companies during the 28 days immediately preceding a covered incident, divided by four. * Sec. 16. AS 28.23.070 is amended to read: Sec. 28.23.070. Certificate of insurance. A [TRANSPORTATION 2026-05-17 Senate Journal Page 2735 NETWORK] company shall file a written certificate of insurance with the director of the division of insurance demonstrating that the [TRANSPORTATION NETWORK] company has satisfied the requirements of AS 28.23.050 and 28.23.065. A [. THE] certificate of insurance must state that the applicable insurance policy may not be cancelled unless written notice is provided to the division of insurance at least 30 days before cancellation. * Sec. 17. AS 28.23.080(a) is amended to read: (a) Except as provided in (b) of this section, a transportation network company or delivery network company is not an employer of transportation network company drivers or delivery network company couriers under AS 23.10.699, AS 23.20.520, or AS 23.30.395. A transportation network company driver or delivery network company courier is an independent contractor for all purposes and is not an employee of the [TRANSPORTATION NETWORK] company if the [TRANSPORTATION NETWORK] company (1) does not unilaterally prescribe specific hours during which a driver or courier shall be logged onto the digital network of the [TRANSPORTATION NETWORK] company; (2) does not impose restrictions on the ability of the driver or courier to use the digital network of other transportation network companies or delivery network companies; (3) does not restrict a driver or courier from engaging in any other occupation or business; and (4) enters into a written agreement with the driver or courier stating that the driver or courier is an independent contractor for the [TRANSPORTATION NETWORK] company. * Sec. 18. AS 28.23.180(1) is amended to read: (1) "digital network" means any online-enabled application, software, website, or system offered or used by a (A) transportation network company that enables the prearrangement of rides with transportation network company drivers; or (B) delivery network company to facilitate offers for delivery services; * Sec. 19. AS 28.23.180(2) is amended to read: (2) "personal vehicle" means a motor vehicle that is used by a [TRANSPORTATION NETWORK COMPANY] driver or courier and is owned, leased, or otherwise authorized for use by the [TRANSPORTATION NETWORK COMPANY] driver or courier; 2026-05-17 Senate Journal Page 2736 "personal vehicle" does not include a taxi, limousine, or other commercial motor vehicle for hire; * Sec. 20. AS 28.23.180 is amended by adding new paragraphs to read: (7) "company" means a transportation network company or a delivery network company; (8) "delivery network company" means a business entity that maintains a digital network used to facilitate offers for delivery services in the state; (9) "delivery network company courier" or "courier" means a person who is authorized to accept and fulfill offers through the digital network of a delivery network company; "delivery network company courier" or "courier" does not include a person whose services require the use of a vehicle weighing more than 6,000 pounds; (10) "delivery services" means the pickup of an item from a location in the state and the delivery of that item to a location selected by the customer within 50 miles of the pickup location by walking or using a motor vehicle, a bicycle, a scooter, public transportation, or other means of transportation and the selection, collection, or purchase of items by a delivery network company courier, as well as other services incident to delivery, beginning when a courier accepts an offer, continuing while the courier transports the requested item to the selected location, and ending when the courier completes the delivery or the delivery is otherwise terminated; "delivery services" does not include assistance with residential moving services; (11) "offer" means the opportunity to perform delivery services for compensation that a delivery network company presents to a courier through a digital network. * Sec. 21. AS 28.23.050(d) is repealed." Renumber the following bill sections accordingly. Page 2, line 3: Delete "sec. 1" Insert "sec. 6" Page 2, line 8, following "provisions": Insert "of sec. 6" 2026-05-17 Senate Journal Page 2737 Senator Bjorkman moved for the adoption of Amendment No. 1. Senator Kawasaki objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 214(STA) Second Reading Amendment No. 1? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bjorkman, Claman, Cronk, Giessel, Hoffman, Kaufman, Merrick, Myers, Olson, Rauscher, Stedman, Tilton, Yundt Nays: Dunbar, Gray-Jackson, Kawasaki, Kiehl, Stevens, Tobin, Wielechowski and so, Amendment No. 1 was adopted. CS FOR HOUSE BILL NO. 214(STA) am S "An Act relating to transportation network companies and delivery network companies; relating to proof of financial responsibility for suspension for nonpayment of judgments; relating to insurance coverage for transportation of persons for hire; and relating to occupational accident insurance" was read the third time. The question being: CS FOR HOUSE BILL NO. 214(STA) am S "An Act relating to transportation network companies and delivery network companies; relating to proof of financial responsibility for suspension for nonpayment of judgments; relating to insurance coverage for transportation of persons for hire; and relating to occupational accident insurance" pass the Senate?" The roll was taken with the following result: CSHB 214(STA) am S Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bjorkman, Claman, Cronk, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson, Rauscher, Stedman, Stevens, Tilton, Yundt Nays: Dunbar, Tobin, Wielechowski 2026-05-17 Senate Journal Page 2738 and so, SENATE CS FOR HOUSE BILL NO. 214(STA) am S passed the Senate. Senator Kawasaki gave notice of reconsideration on CS FOR HOUSE BILL NO. 214(STA) am S.