CSHB 539(L&C): "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 providing for an effective date."
00 CS FOR HOUSE BILL NO. 539(L&C) 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 providing for an effective date." 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 immunity. A person is not considered 08 to be an employer of a student of the University of Alaska in a civil action based on 09 the vicarious liability of an employer for the acts or omissions of an employee if the 10 person 11 (1) has agreed to allow the student to gain practical work experience 12 with the person in a practicum that is part of the student's curriculum; and 13 (2) pays no compensation to the student. 14 * Sec. 2. AS 23.10.055 is amended to read:
01 Sec. 23.10.055. Exemptions. The provisions of AS 23.10.050 - 23.10.150 do 02 not apply to 03 (1) an individual employed in agriculture, which includes farming in 04 all its branches and, among other things, includes the cultivation and tillage of the soil, 05 dairying, the production, cultivation, growing, and harvesting of any agricultural or 06 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 07 poultry, and any practices, including forestry and lumbering operations, performed by 08 a farmer or on a farm as an incident to or in conjunction with the farming operations, 09 including preparation for market, delivery to storage or to market or to carriers for 10 transportation to market; 11 (2) an individual employed in the catching, trapping, cultivating or 12 farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of 13 animal and vegetable life; 14 (3) an individual employed in the hand picking of shrimp; 15 (4) an individual employed in domestic service, including a baby- 16 sitter, in or about a private home; 17 (5) an individual employed by the United States or by the state or 18 political subdivision of the state, except as provided in AS 23.10.065(b), including 19 prisoners not on furlough detained or confined in prison facilities; 20 (6) an individual engaged in the nonprofit activities of a nonprofit 21 religious, charitable, cemetery, or educational organization or other nonprofit 22 organization where the employer-employee relationship does not, in fact, exist, and 23 where services rendered to the organization are on a voluntary basis and are related 24 only to the organization's nonprofit activities; for purposes of this paragraph, 25 "nonprofit activities" means activities for which the nonprofit organization does not 26 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; 27 (7) an employee engaged in the delivery of newspapers to the 28 consumer; 29 (8) an individual employed solely as a watchman or caretaker of a 30 plant or property that is not in productive use for a period of four months or more; 31 (9) an individual employed in a bona fide executive, administrative, or
01 professional capacity or in the capacity of an outside salesman or a salesman who is 02 employed on a straight commission basis; 03 (10) an individual employed in the search for placer or hard rock 04 minerals; 05 (11) an individual under 18 years of age employed on a part-time basis 06 not more than 30 hours in a week; 07 (12) employment by a nonprofit educational or child care facility to 08 serve as a parent of children while the children are in residence at the facility if the 09 employment requires residence at the facility and is compensated on a cash basis 10 exclusive of room and board at an annual rate of not less than 11 (A) $10,000 for an unmarried person; or 12 (B) $15,000 for a married couple; 13 (13) an individual who drives a taxicab, is compensated for taxicab 14 services exclusively by customers of the service, whose written contractual 15 arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch 16 services are based upon flat contractual rates and not based on a percentage share of 17 the individual's receipts from customers, and whose written contract with owners of 18 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 19 the contract places no restrictions on hours worked by the individual or on areas in 20 which the individual may work except to comply with local ordinances; 21 (14) a person who holds a license under AS 08.54 and who is 22 employed by a registered guide or master guide licensed under AS 08.54, for the first 23 60 work days in which the person is employed by the registered guide or master guide 24 during a calendar year; 25 (15) an individual engaged in activities for a nonprofit religious, 26 charitable, civic, cemetery, recreational, or educational organization where the 27 employer-employee relationship does not, in fact, exist, and where services are 28 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 29 temporary assistance program); [OR] 30 (16) an individual who 31 (A) provides emergency medical services only on a voluntary
01 basis; 02 (B) serves with a full-time fire department only on a voluntary 03 basis; or 04 (C) provides ski patrol services on a voluntary basis; or 05 (17) a student participating in a University of Alaska practicum 06 described under AS 14.40.065. 07 * Sec. 3. This Act takes effect July 1, 2004.