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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 276                                                                                                         
01 Making the Alaska Wage and Hour Act inapplicable to certain employees of motor vehicle                                  
02 dealers; and providing for an effective date.                                                                           
03                           _______________                                                                               
04    * Section 1. AS 23.10.055(a) is amended to read:                                                                   
05            (a)  The provisions of AS 23.10.050 - 23.10.150 do not apply to                                              
06                 (1)  an individual employed in agriculture, which includes farming in                                   
07       all its branches and, among other things, includes the cultivation and tillage of the soil,                       
08       dairying, the production, cultivation, growing, and harvesting of any agricultural or                             
09       horticultural commodities, the raising of livestock, bees, fur-bearing animals, or                                
10       poultry, and any practices, including forestry and lumbering operations, performed by                             
11       a farmer or on a farm as an incident to or in conjunction with the farming operations,                            
12       including preparation for market, or delivery to storage or to market or to carriers for                          
13       transportation to market;                                                                                         
14                 (2)  an individual employed in the catching, trapping, cultivating or                                   
15       farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of                             
01       animal and vegetable life;                                                                                        
02                 (3)  an individual employed in the hand picking of shrimp;                                              
03                 (4)  an individual employed in domestic service, including a baby-                                      
04       sitter, in or about a private home;                                                                               
05                 (5)  an individual employed by the United States or by the state or a                                   
06       political subdivision of the state, except as provided in AS 23.10.065(b), including                              
07       prisoners not on furlough detained or confined in prison facilities;                                              
08                 (6)  an individual engaged in the nonprofit activities of a nonprofit                                   
09       religious, charitable, cemetery, or educational organization or other nonprofit                                   
10       organization where the employer-employee relationship does not, in fact, exist, and                               
11       where services rendered to the organization are on a voluntary basis and are related                              
12       only to the organization's nonprofit activities; for purposes of this paragraph,                                  
13       "nonprofit activities" means activities for which the nonprofit organization does not                             
14       incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended;                              
15                 (7)  an employee engaged in the delivery of newspapers to the                                           
16       consumer;                                                                                                         
17                 (8)  an individual employed solely as a watchman or caretaker of a                                      
18       plant or property that is not in productive use for a period of four months or more;                              
19                 (9)  an individual employed                                                                             
20                      (A)  in a bona fide executive, administrative, or professional                                     
21            capacity;                                                                                                    
22                      (B)  in the capacity of an outside salesman or a salesman who is                                   
23            employed on a straight commission basis; or                                                                  
24                      (C)  as a computer systems analyst, computer programmer,                                           
25            software engineer, or other similarly skilled worker;                                                        
26                 (10)  an individual employed in the search for placer or hard rock                                      
27       minerals;                                                                                                         
28                 (11)  an individual under 18 years of age employed on a part-time basis                                 
29       not more than 30 hours in a week;                                                                                 
30                 (12)  employment by a nonprofit educational or child care facility to                                   
31       serve as a parent of children while the children are in residence at the facility if the                          
01       employment requires residence at the facility and is compensated on a cash basis                                  
02       exclusive of room and board at an annual rate of not less than                                                    
03                      (A)  $10,000 for an unmarried person; or                                                           
04                      (B)  $15,000 for a married couple;                                                                 
05                 (13)  an individual who drives a taxicab, is compensated for taxicab                                    
06       services exclusively by customers of the service, whose written contractual                                       
07       arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch                                  
08       services are based upon flat contractual rates and not based on a percentage share of                             
09       the individual's receipts from customers, and whose written contract with owners of                               
10       taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that                          
11       the contract places no restrictions on hours worked by the individual or on areas in                              
12       which the individual may work except to comply with local ordinances;                                             
13                 (14)  a person who holds a license under AS 08.54 and who is                                            
14       employed by a registered guide-outfitter or master guide-outfitter licensed under AS                              
15       08.54, for the first 60 workdays in which the person is employed by the registered                                
16       guide-outfitter or master guide-outfitter during a calendar year;                                                 
17                 (15)  an individual engaged in activities for a nonprofit religious,                                    
18       charitable, civic, cemetery, recreational, or educational organization where the                                  
19       employer-employee relationship does not, in fact, exist, and where services are                                   
20       rendered to the organization under a work activity requirement of AS 47.27 (Alaska                                
21       temporary assistance program);                                                                                    
22                 (16)  an individual who                                                                                 
23                      (A)  provides emergency medical services only on a voluntary                                       
24            basis;                                                                                                       
25                      (B)  serves with a full-time fire department only on a voluntary                                   
26            basis; or                                                                                                    
27                      (C)  provides ski patrol services on a voluntary basis; [OR]                                       
28                 (17)  a student participating in a University of Alaska practicum                                       
29       described under AS 14.40.065;                                                                                 
30                 (18)  an individual who is employed by a motor vehicle dealer and                                   
31       whose primary duty is to                                                                                      
01                      (A)  receive, analyze, or reference requests for service,                                      
02            repair, or analysis of motor vehicles;                                                                   
03                      (B)  arrange financing for the sale of motor vehicles and                                      
04            related products and services that are added or included as part of the                                  
05            sale; or                                                                                                 
06                      (C)  solicit, sell, lease, or exchange motor vehicles.                                         
07    * Sec. 2. AS 23.10.055 is amended by adding a new subsection to read:                                              
08            (d)  In (a)(18) of this section,                                                                             
09                 (1)  "lease" means a contract by which a person owning a motor vehicle                                  
10       grants to another person the right to possess, use, and enjoy the motor vehicle for a                             
11       specified period of time in exchange for periodic payment of a stipulated price and in                            
12       which the use of the vehicle is granted for a period of at least 12 months;                                       
13                 (2)  "motor vehicle" has the meaning given in AS 45.25.990;                                             
14                 (3)  "motor vehicle dealer" has the meaning given in AS 08.66.350,                                      
15       except that, in this paragraph, notwithstanding the definition of "motor vehicle dealer"                          
16       given in AS 08.66.350, "motor vehicle" has the meaning given in this section.                                     
17    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).                                                 
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