HB 120: "An Act relating to workers' compensation and transportation network companies; and providing for an effective date."

00 HOUSE BILL NO. 120 01 "An Act relating to workers' compensation and transportation network companies; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.230(a) is amended to read: 05 (a) The following persons are not covered by this chapter: 06 (1) a part-time baby-sitter; 07 (2) a cleaning person; 08 (3) harvest help and similar part-time or transient help; 09 (4) a person employed as a sports official on a contractual basis and 10 who officiates only at sports events in which the players are not compensated; in this 11 paragraph, "sports official" includes an umpire, referee, judge, scorekeeper, 12 timekeeper, organizer, or other person who is a neutral participant in a sports event; 13 (5) a person employed as an entertainer on a contractual basis; 14 (6) a commercial fisherman, as defined in AS 16.05.940;

01 (7) an individual who drives a taxicab whose compensation and written 02 contractual arrangement is as described in AS 23.10.055(a)(13), unless the hours 03 worked by the individual or the areas in which the individual may work are restricted 04 except to comply with local ordinances; 05 (8) a participant in the Alaska temporary assistance program 06 (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than 07 subsidized or unsubsidized work or on-the-job training; 08 (9) a person employed as a player or coach by a professional hockey 09 team if the person is covered under a health care insurance plan provided by the 10 professional hockey team, the coverage is applicable to both work related and 11 nonwork related injuries, and the coverage provides medical and related benefits as 12 required under this chapter, except that coverage may not be limited to two years from 13 the date of injury as described under AS 23.30.095(a); in this paragraph, "health care 14 insurance" has the meaning given in AS 21.12.050; [AND] 15 (10) a person working as a qualified real estate licensee who performs 16 services under a written contract that provides that the person will not be treated as an 17 employee for federal income tax or workers' compensation purposes; in this 18 paragraph, "qualified real estate licensee" means a person who is required to be 19 licensed under AS 08.88.161 and whose payment for services is directly related to 20 sales or other output rather than the number of hours worked; and 21 (11) a person who operates a motor vehicle that is 22 (A) owned, leased, or authorized for use by the person; 23 (B) not a taxicab described under (7) of this subsection; and 24 (C) used to provide transportation network company 25 services under an agreement with a transportation network company; a 26 person is performing transportation network company services under this 27 subparagraph when the person accepts a request for transportation 28 received through the transportation network company's digital network 29 or software application, continues while the person transports the 30 passenger in the person's vehicle, and ends when the passenger exits the 31 person's vehicle.

01 * Sec. 2. AS 23.30.230(c) is amended by adding new paragraphs to read: 02 (4) "transportation network company" means an entity that uses a 03 digital network or software application to connect passengers to transportation 04 network company services provided by transportation network company-endorsed 05 drivers; 06 (5) "transportation network company services" means transportation of 07 a passenger between points chosen by the passenger and prearranged with a 08 transportation network company-endorsed driver through the use of a transportation 09 network company's digital network or software application. 10 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. Sections 1 and 2 of this Act apply to all claims or proceedings 13 pending on or after the effective date of this Act relating to acts or injuries occurring before, 14 on, or after the effective date of this Act. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 RETROACTIVITY. Sections 1 - 3 of this Act are retroactive to January 1, 2014. 18 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).