HB 539: "An Act exempting a person who allows a student of the University of Alaska to gain practical work experience with the person while participating in a practicum from vicarious liability as an employer, and exempting the student participating in a practicum from the Alaska Wage and Hour Act and workers' compensation coverage."
00 HOUSE BILL NO. 539 01 "An Act exempting a person who allows a student of the University of Alaska to gain 02 practical work experience with the person while participating in a practicum from 03 vicarious liability as an employer, and exempting the student participating in a 04 practicum from the Alaska Wage and Hour Act and workers' compensation coverage." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.40 is amended by adding a new section to read: 07 Sec. 14.40.065. Student practicums. A person who agrees to allow a student 08 of the university to gain practical work experience with the person in a practicum that 09 is part of the student's curriculum is not considered to be an employer of the student 10 for a civil action based on the vicarious liability of an employer for the acts of an 11 employee. 12 * Sec. 2. AS 23.10.055 is amended to read: 13 Sec. 23.10.055. Exemptions. The provisions of AS 23.10.050 - 23.10.150 do 14 not apply to
01 (1) an individual employed in agriculture, which includes farming in 02 all its branches and, among other things, includes the cultivation and tillage of the soil, 03 dairying, the production, cultivation, growing, and harvesting of any agricultural or 04 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 05 poultry, and any practices, including forestry and lumbering operations, performed by 06 a farmer or on a farm as an incident to or in conjunction with the farming operations, 07 including preparation for market, delivery to storage or to market or to carriers for 08 transportation to market; 09 (2) an individual employed in the catching, trapping, cultivating or 10 farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of 11 animal and vegetable life; 12 (3) an individual employed in the hand picking of shrimp; 13 (4) an individual employed in domestic service, including a baby- 14 sitter, in or about a private home; 15 (5) an individual employed by the United States or by the state or 16 political subdivision of the state, except as provided in AS 23.10.065(b), including 17 prisoners not on furlough detained or confined in prison facilities; 18 (6) an individual engaged in the nonprofit activities of a nonprofit 19 religious, charitable, cemetery, or educational organization or other nonprofit 20 organization where the employer-employee relationship does not, in fact, exist, and 21 where services rendered to the organization are on a voluntary basis and are related 22 only to the organization's nonprofit activities; for purposes of this paragraph, 23 "nonprofit activities" means activities for which the nonprofit organization does not 24 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; 25 (7) an employee engaged in the delivery of newspapers to the 26 consumer; 27 (8) an individual employed solely as a watchman or caretaker of a 28 plant or property that is not in productive use for a period of four months or more; 29 (9) an individual employed in a bona fide executive, administrative, or 30 professional capacity or in the capacity of an outside salesman or a salesman who is 31 employed on a straight commission basis;
01 (10) an individual employed in the search for placer or hard rock 02 minerals; 03 (11) an individual under 18 years of age employed on a part-time basis 04 not more than 30 hours in a week; 05 (12) employment by a nonprofit educational or child care facility to 06 serve as a parent of children while the children are in residence at the facility if the 07 employment requires residence at the facility and is compensated on a cash basis 08 exclusive of room and board at an annual rate of not less than 09 (A) $10,000 for an unmarried person; or 10 (B) $15,000 for a married couple; 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 15 the individual's receipts from customers, and whose written contract with owners of 16 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 17 the contract places no restrictions on hours worked by the individual or on areas in 18 which the individual may work except to comply with local ordinances; 19 (14) a person who holds a license under AS 08.54 and who is 20 employed by a registered guide or master guide licensed under AS 08.54, for the first 21 60 work days in which the person is employed by the registered guide or master guide 22 during a calendar year; 23 (15) an individual engaged in activities for a nonprofit religious, 24 charitable, civic, cemetery, recreational, or educational organization where the 25 employer-employee relationship does not, in fact, exist, and where services are 26 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 27 temporary assistance program); [OR] 28 (16) an individual who 29 (A) provides emergency medical services only on a voluntary 30 basis; 31 (B) serves with a full-time fire department only on a voluntary
01 basis; or 02 (C) provides ski patrol services on a voluntary basis; or 03 (17) a student participating in a University of Alaska practicum 04 described under AS 14.40.065. 05 * Sec. 3. AS 23.30.230(a) is amended to read: 06 (a) The following persons are not covered by this chapter: 07 (1) a part-time baby-sitter; 08 (2) a cleaning person; 09 (3) harvest help and similar part-time or transient help; 10 (4) a person employed as a sports official on a contractual basis and 11 who officiates only at sports events in which the players are not compensated; in this 12 paragraph, "sports official" includes an umpire, referee, judge, scorekeeper, 13 timekeeper, organizer, or other person who is a neutral participant in a sports event; 14 (5) a person employed as an entertainer on a contractual basis; 15 (6) a commercial fisherman, as defined in AS 16.05.940; 16 (7) an individual who drives a taxicab whose compensation and written 17 contractual arrangement is as described in AS 23.10.055(13), unless the hours worked 18 by the individual or the areas in which the individual may work are restricted except to 19 comply with local ordinances; 20 (8) a participant in the Alaska temporary assistance program 21 (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than 22 subsidized or unsubsidized work or on-the-job training; [AND] 23 (9) a person employed as a player or coach by a professional hockey 24 team if the person is covered under a health care insurance plan provided by the 25 professional hockey team, the coverage is applicable to both work-related [WORK 26 RELATED] and nonwork-related [NONWORK RELATED] injuries, and the 27 coverage provides medical and related benefits as required under this chapter, except 28 that coverage may not be limited to two years from the date of injury as described 29 under AS 23.30.095(a); in this paragraph, "health care insurance" has the meaning 30 given in AS 21.12.050; and 31 (10) a student participating in a University of Alaska practicum
01 described under AS 14.40.065.