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CS FOR HOUSE BILL NO. 214(STA) am S
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE HOUSE STATE AFFAIRS COMMITTEE
Amended: 5/17/26
Offered: 4/1/26
Sponsor(s): REPRESENTATIVES GALVIN, Story, Josephson, McCabe
SENATOR Kawasaki
A BILL
FOR AN ACT ENTITLED
"An Act relating to transportation network companies and delivery network companies; 1
relating to proof of financial responsibility for suspension for nonpayment of judgments; 2
relating to insurance coverage for transportation of persons for hire; and relating to 3
occupational accident insurance." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 21.96 is amended by adding a new section to read: 6
Sec. 21.96.017. Transportation and delivery network company 7
occupational accident insurance. An insurer authorized to write commercial casualty 8
insurance in this state may issue group or blanket occupational accident insurance 9
required under AS 28.23.065. In this section, "group or blanket occupational accident 10
insurance" does not include health care insurance as defined under AS 21.12.050 or 11
workers' compensation insurance. 12
* Sec. 2. AS 21.96.018(a) is amended to read: 13
(a) Insurers that write automobile insurance in the state may, notwithstanding 14
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any requirement under AS 28.20, exclude any and all coverage afforded under the 1
policy issued to an owner or operator of a personal vehicle for any loss or injury that 2
occurs while a driver is logged onto the digital network of a transportation network 3
company, [OR] while a driver provides a prearranged ride , or while a courier 4
provides delivery services . The right to exclude all coverage may apply to any 5
coverage included in an automobile insurance policy, including 6
(1) liability coverage for bodily injury and property damage; 7
(2) uninsured and underinsured motorist coverage; 8
(3) medical payments coverage; 9
(4) comprehensive physical damage coverage; and 10
(5) collision physical damage coverage. 11
* Sec. 3. AS 21.96.018(b) is amended to read: 12
(b) Nothing in this section 13
(1) implies or requires that a personal automobile insurance policy 14
provide coverage while a [THE DRIVER] 15
(A) driver is logged onto the digital network of a 16
transportation network company; 17
(B) driver is engaged in a prearranged ride; [OR] 18
(C) driver otherwise uses a personal vehicle to transport 19
passengers for compensation; or 20
(D) courier is providing delivery services; 21
(2) may be construed to require an insurer to use specific policy 22
language or to refer to this section in order to exclude any and all coverage for any 23
loss or injury that occurs while a [DRIVER] 24
(A) driver is logged onto the digital network of a 25
transportation network company; [OR] 26
(B) driver provides a prearranged ride; or 27
(C) courier provides delivery services; or 28
(3) precludes an insurer from providing coverage for the personal 29
vehicle of a transportation network company driver or delivery network company 30
courier if the insurer chooses to provide coverage by contract or endorsement. 31
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* Sec. 4. AS 21.96.018(f) is amended to read: 1
(f) In this section, "courier," "delivery network company," "delivery 2
network company courier," "delivery services," "digital network," "driver," 3
"personal vehicle," "prearranged ride," "transportation network company," and 4
"transportation network company driver" have the meanings given in AS 28.23.180. 5
* Sec. 5. AS 23.30.230(a) is amended to read: 6
(a) The following persons are not covered by this chapter: 7
(1) a part-time babysitter; 8
(2) a cleaning person; 9
(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 and whose compensation and 17
written contractual arrangement is as described in AS 23.10.055(a)(13), unless the 18
hours worked by the individual or the areas in which the individual may work are 19
restricted except to 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; 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 and 26
nonwork-related injuries, and the coverage provides medical and related benefits as 27
required under this chapter, except that coverage may not be limited to two years from 28
the date of injury as described under AS 23.30.095(a); in this paragraph, "health care 29
insurance" has the meaning given in AS 21.12.050; 30
(10) a person working as a qualified real estate licensee who performs 31
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services under a written contract that provides that the person will not be treated as an 1
employee for federal income tax or workers' compensation purposes; in this 2
paragraph, "qualified real estate licensee" means a person who is required to be 3
licensed under AS 08.88.161 and whose payment for services is directly related to 4
sales or other output rather than the number of hours worked; 5
(11) a transportation network company driver who provides a 6
prearranged ride or is otherwise logged onto the digital network of a transportation 7
network company as a driver; [AND] 8
(12) a person employed as an independent contractor; a person is an 9
independent contractor for the purposes of this section only if the person 10
(A) has an express contract to perform the services; 11
(B) is free from direction and control over the means and 12
manner of providing services, subject only to the right of the individual for 13
whom, or entity for which, the services are provided to specify the desired 14
results, completion schedule, or range of work hours, or to monitor the work 15
for compliance with contract plans and specifications, or federal, state, or 16
municipal law; 17
(C) incurs most of the expenses for tools, labor, and other 18
operational costs necessary to perform the services, except that materials and 19
equipment may be supplied; 20
(D) has an opportunity for profit and loss as a result of the 21
services performed for the other individual or entity; 22
(E) is free to hire and fire employees to help perform the 23
services for the contracted work; 24
(F) has all business, trade, or professional licenses required by 25
federal, state, or municipal authorities for a business or individual engaging in 26
the same type of services as the person; 27
(G) follows federal Internal Revenue Service requirements by 28
(i) obtaining an employer identification number, if 29
required; 30
(ii) filing business or self -employment tax returns for 31
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the previous tax year to report profit or income earned for the same 1
type of services provided under the contract; or 2
(iii) intending to file business or self -employment tax 3
returns for the current tax year to report profit or income earned for the 4
same type of services provided under the contract if the person's 5
business was not operating in the previous tax year; and 6
(H) meets at least two of the following criteria: 7
(i) the person is responsible for the satisfactory 8
completion of services that the person has contracted to perform and is 9
subject to liability for a failure to complete the contracted work, or 10
maintains liability insurance or other insurance policies necessary to 11
protect the employees, financial interests, and customers of the person's 12
business; 13
(ii) the person maintains a business location or a 14
business mailing address separate from the location of the individual 15
for whom, or the entity for which, the services are performed; 16
(iii) the person provides contracted services for two or 17
more different customers within a 12 -month period or engages in any 18
kind of business advertising, solicitation, or other marketing efforts 19
reasonably calculated to obtain new contracts to provide similar 20
services; and 21
(13) a delivery network company courier who provides delivery 22
services or is otherwise logged onto the digital network of a delivery network 23
company under AS 28.23.080. 24
* Sec. 6. AS 28.20.330(b) is amended to read: 25
(b) The proof required by (a) of this section shall be maintained 26
(1) for one year from the date the judgment is stayed or satisfied if 27
the suspension is the person's first suspension under AS 28.20.270; 28
(2) for three years from the date the judgment is stayed or satisfied 29
if the suspension is the person's second suspension under AS 28.20.270; 30
(3) for 10 years from the date the judgment is stayed or satisfied if 31
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the suspension is the person's third suspension under AS 28.20.270; 1
(4) during the period the person has a license or nonresident's 2
operating privilege if the suspension is the person's fourth or subsequent 3
suspension under AS 28.20.270. 4
* Sec. 7. AS 28.20.440 is amended by adding a new subsection to read: 5
(m) The motor vehicle liability policy of an operator of a vehicle used or 6
maintained for the transportation of persons for hire must contain the following 7
coverage while the operator is transporting persons for hire: 8
(1) primary automobile liability insurance that provides at least 9
$1,000,000 for death, bodily injury, and property damage; 10
(2) uninsured and underinsured motorists coverage, as required under 11
AS 21.96.020 and this section, that provides at least $500,000 for death, bodily injury, 12
and property damage, which may not be waived. 13
* Sec. 8. AS 28.23.050(a) is amended to read: 14
(a) A [TRANSPORTATION NETWORK COMPANY DRIVER, OR 15
TRANSPORTATION NETWORK] company , on behalf of a [THE] driver or 16
courier, shall maintain primary automobile insurance that 17
(1) recognizes that 18
(A) the driver is a transportation network company driver or 19
otherwise uses a vehicle to transport passengers for compensation; or 20
(B) the courier is a delivery network company courier; 21
(2) for a transportation network company, [AND THAT] covers the 22
driver while the driver is logged onto the digital network of a transportation network 23
company or while the driver is engaged in a prearranged ride; 24
(3) for a delivery network company, covers the courier while the 25
courier is using a motor vehicle and is providing delivery services or is available 26
to receive an offer immediately following completion of delivery services but is 27
not providing delivery services. 28
* Sec. 9. AS 28.23.050(b) is amended to read: 29
(b) The following automobile insurance requirements shall apply while a 30
participating [TRANSPORTATION NETWORK COMPANY] driver is logged onto 31
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the digital network of a transportation network company and is available to receive 1
transportation requests but is not engaged in a prearranged ride , and while a courier 2
using a motor vehicle is logged onto the digital network of a delivery network 3
company and is available to receive an offer immediately following completion of 4
delivery services but is not providing delivery services: 5
(1) primary automobile liability insurance in the amount of at least 6
$50,000 for death and bodily injury for each person, $100,000 for death and bodily 7
injury for each incident, and $25,000 for property damage; 8
(2) uninsured or underinsured motor vehicle coverage as required 9
under AS 21.96.020 and AS 28.20.440; a transportation network company may not 10
waive the coverage [; 11
(3) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION 12
MAY BE SATISFIED BY 13
(A) AUTOMOBILE INSURANCE MAINTAINED BY THE 14
TRANSPORTATION NETWORK COMPANY DRIVER; 15
(B) AUTOMOBILE INSURANCE MAINTAINED BY THE 16
TRANSPORTATION NETWORK COMPANY; OR 17
(C) ANY COMBINATION OF (A) AND (B) OF THIS 18
PARAGRAPH]. 19
* Sec. 10. AS 28.23.050(c) is amended to read: 20
(c) The following automobile insurance requirements shall apply while a 21
[TRANSPORTATION NETWORK COMPANY] driver is engaged in a prearranged 22
ride or a courier using a motor vehicle is providing delivery services: 23
(1) primary automobile liability insurance that provides at least 24
$1,000,000 for death, bodily injury, and property damage; 25
(2) uninsured or underinsured motor vehicle coverage , as required 26
under AS 21.96.020 and AS 28.20.440, that provides at least $500,000 for death, 27
bodily injury, and property damage; a transportation network company may not 28
waive the coverage [; 29
(3) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION 30
MAY BE SATISFIED BY 31
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(A) AUTOMOBILE INSURANCE MAINTAINED BY THE 1
TRANSPORTATION NETWORK COMPANY DRIVER; 2
(B) AUTOMOBILE INSURANCE MAINTAINED BY THE 3
TRANSPORTATION NETWORK COMPANY; OR 4
(C) A COMBINATION OF (A) AND (B) OF THIS 5
PARAGRAPH]. 6
* Sec. 11. AS 28.23.050(e) is amended to read: 7
(e) Coverage under an automobile insurance policy maintained by the 8
[TRANSPORTATION NETWORK] company may not be dependent on a personal 9
automobile insurer first denying a claim nor shall a personal automobile insurance 10
policy be required first to deny a claim. 11
* Sec. 12. AS 28.23.050(h) is amended to read: 12
(h) A [TRANSPORTATION NETWORK COMPANY] driver or courier 13
shall carry proof of coverage under (b) and (c) of this section , as applicable, with the 14
driver or courier at all times during the driver's or courier's use of a vehicle while 15
the driver or courier is logged onto the [IN CONNECTION WITH A] digital 16
network of a [TRANSPORTATION NETWORK] company. In the event of an 17
accident, a [TRANSPORTATION NETWORK COMPANY] driver or courier shall 18
provide the insurance coverage information to the directly interested parties, 19
automobile insurers, and investigating police officers upon request under 20
AS 28.22.019. Upon that request, a [TRANSPORTATION NETWORK COMPANY] 21
driver or courier shall also disclose to directly interested parties, automobile insurers, 22
and investigating police officers whether the driver or courier was logged onto the 23
digital network of a [TRANSPORTATION NETWORK] company , [OR] on a 24
prearranged ride, or providing delivery services at the time of an accident. 25
* Sec. 13. AS 28.23.050(i) is amended to read: 26
(i) If the insurance carrier for the [TRANSPORTATION NETWORK] 27
company makes a payment for a claim for physical damage to a personal vehicle that 28
is subject to a lien, the insurance carrier shall pay the claim jointly to the owner of the 29
personal vehicle and the primary lienholder or directly to the business repairing the 30
personal vehicle. 31
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* Sec. 14. AS 28.23.060 is amended to read: 1
Sec. 28.23.060. Transportation and delivery network company automobile 2
insurance disclosures. A [TRANSPORTATION NETWORK] company shall 3
disclose in writing to [TRANSPORTATION NETWORK COMPANY] drivers and 4
couriers the following before the drivers or couriers are allowed to accept a request 5
for a prearranged ride or delivery services on the digital network of the 6
[TRANSPORTATION NETWORK] company: 7
(1) the insurance coverage, including the types of coverage and the 8
limits for each coverage, that the [TRANSPORTATION NETWORK] company 9
provides while the [TRANSPORTATION NETWORK COMPANY] driver or 10
courier uses a personal vehicle in connection with a [TRANSPORTATION 11
NETWORK] company's digital network; 12
(2) that the automobile insurance policy of the [TRANSPORTATION 13
NETWORK COMPANY] driver or courier might not provide any coverage while the 14
driver is logged onto the digital network of a transportation network company and is 15
available to receive transportation requests , the driver [OR] is engaged in a 16
prearranged ride , o r the courier is providing delivery services , depending on the 17
terms of the automobile insurance policy of the driver or courier; and 18
(3) that, if the personal vehicle the [TRANSPORTATION NETWORK 19
COMPANY] driver or courier uses to provide transportation network services or 20
delivery services has a lien against it, using the motor vehicle for transportation 21
network services or delivery services without physical damage coverage may violate 22
the terms of the contract with the lienholder. 23
* Sec. 15. AS 28.23 is amended by adding a new section to read: 24
Sec. 28.23.065. Occupational accident insurance. (a) A company shall 25
maintain group or blanket occupational accident insurance, issued by an insurer under 26
AS 21.96.017, to provide coverage required under (b) of this section for an injury 27
suffered by a driver or courier while the driver or courier is engaged in a prearranged 28
ride or providing delivery services. 29
(b) The occupational accident insurance policy required under this section 30
must provide at least a combined single limit of $1,000,000 for each accident and 31
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payment of benefits that include 1
(1) coverage for medical expenses incurred, up to at least $1,000,000, 2
for up to 104 weeks following the injury; 3
(2) coverage for total disability and partial disability, with payments 4
made for up to 104 weeks following the injury that are equal to 66 percent of the 5
driver's or courier's average weekly earnings as of the date of injury but not more than 6
the maximum weekly compensation rate calculated under AS 23.30.175(a); however, 7
if the average weekly earnings of the driver or courier is less than the minimum 8
weekly compensation rate calculated under AS 23.30.175(a), the weekly 9
compensation must be equal to 100 percent of the driver's or courier's average weekly 10
earnings; 11
(3) accidental death insurance for the benefit of spouses, children, or 12
other dependents of a driver or courier for injuries suffered by a driver or courier that 13
result in death in an amount equal to 66 percent of the driver's or courier's average 14
weekly earnings as of the date of injury but not more than the maximum weekly 15
compensation rate calculated under AS 23.30.175(a); however, if the average weekly 16
earnings of the driver or courier is less than the minimum weekly compensation rate 17
calculated under AS 23.30.175(a), the weekly compensation must be equal to 100 18
percent of the driver's or courier's average weekly earnings multiplied by 104 weeks; 19
and 20
(4) when injuries suffered by a driver or courier result in death, an 21
amount to pay for reasonable burial expenses, not to exceed eight times the maximum 22
weekly compensation rate calculated under AS 23.30.175(a). 23
(c) A policy required under this section may provide that, regardless of the 24
number of policies involved, claims made, premiums shown on the policy, or 25
premiums paid, the limits for any coverage under the policy may not be added to the 26
limits for similar occupational accident insurance coverage provided by another 27
company to determine the limit of occupational accident insurance coverage available 28
arising from a single injury. 29
(d) A benefit provided to a driver or courier under an occupational accident 30
insurance policy required under this section must be treated as an amount payable 31
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under medical payments coverage, workers' compensation law, or a disability benefit 1
for the purpose of determining the amount payable under uninsured and underinsured 2
motorists coverage provided under AS 28.20.440 and 28.20.445. 3
(e) If a claim is covered by more than one occupational accident insurance 4
policy maintained by more than one company, the insurer of the company against 5
whom a claim is filed is entitled to a contribution for the pro rata share of coverage 6
attributable to other companies. 7
(f) In this section, "average weekly earnings" means the total earnings of a 8
driver or courier received from all transportation network companies and delivery 9
network companies during the 28 days immediately preceding a covered incident, 10
divided by four. 11
* Sec. 16. AS 28.23.070 is amended to read: 12
Sec. 28.23.070. Certificate of insurance. A [TRANSPORTATION 13
NETWORK] company shall file a written certificate of insurance with the director of 14
the division of insurance demonstrating that the [TRANSPORTATION NETWORK] 15
company has satisfied the requirements of AS 28.23.050 and 28.23.065. A [. THE] 16
certificate of insurance must state that the applicable insurance policy may not be 17
cancelled unless written notice is provided to the division of insurance at least 30 days 18
before cancellation. 19
* Sec. 17. AS 28.23.080(a) is amended to read: 20
(a) Except as provided in (b) of this section, a transportation network company 21
or delivery network company is not an employer of transportation network company 22
drivers or delivery network company couriers under AS 23.10.699, AS 23.20.520, 23
or AS 23.30.395. A transportation network company driver or delivery network 24
company courier is an independent contractor for all purposes and is not an employee 25
of the [TRANSPORTATION NETWORK] company if the [TRANSPORTATION 26
NETWORK] company 27
(1) does not unilaterally prescribe specific hours during which a driver 28
or courier shall be logged onto the digital network of the [TRANSPORTATION 29
NETWORK] company; 30
(2) does not impose restrictions on the ability of the driver or courier 31
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to use the digital network of other transportation network companies or delivery 1
network companies; 2
(3) does not restrict a driver or courier from engaging in any other 3
occupation or business; and 4
(4) enters into a written agreement with the driver or courier stating 5
that the driver or courier is an independent contractor for the [TRANSPORTATION 6
NETWORK] company. 7
* Sec. 18. AS 28.23.180(1) is amended to read: 8
(1) "digital network" means any online -enabled application, software, 9
website, or system offered or used by a 10
(A) transportation network company that enables the 11
prearrangement of rides with transportation network company drivers; or 12
(B) delivery network company to facilitate offers for 13
delivery services; 14
* Sec. 19. AS 28.23.180(2) is amended to read: 15
(2) "personal vehicle" means a motor vehicle that is used by a 16
[TRANSPORTATION NETWORK COMPANY] driver or courier and is owned, 17
leased, or otherwise authorized for use by the [TRANSPORTATION NETWORK 18
COMPANY] driver or courier; "personal vehicle" does not include a taxi, limousine, 19
or other commercial motor vehicle for hire; 20
* Sec. 20. AS 28.23.180 is amended by adding new paragraphs to read: 21
(7) "company" means a transportation network company or a delivery 22
network company; 23
(8) "delivery network company" means a business entity that maintains 24
a digital network used to facilitate offers for delivery services in the state; 25
(9) "delivery network company courier" or "courier" means a person 26
who is authorized to accept and fulfill offers through the digital network of a delivery 27
network company; "delivery network company courier" or "courier" does not include 28
a person whose services require the use of a vehicle weighing more than 6,000 29
pounds; 30
(10) "delivery services" means the pickup of an item from a location in 31
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the state and the delivery of that item to a location selected by the customer within 50 1
miles of the pickup location by walking or using a motor vehicle, a bicycle, a scooter, 2
public transportation, or other means of transportation and the selection, collection, or 3
purchase of items by a delivery network company courier, as well as other services 4
incident to delivery, beginning when a courier accepts an offer, continuing while the 5
courier transports the requested item to the selected location, and ending when the 6
courier completes the delivery or the delivery is otherwise terminated; "delivery 7
services" does not include assistance with residential moving services; 8
(11) "offer" means the opportunity to perform delivery services for 9
compensation that a delivery network company presents to a courier through a digital 10
network. 11
* Sec. 21. AS 28.23.050(d) is repealed. 12
* Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 13
read: 14
APPLICABILITY. AS 28.20.330(b), as amended by sec. 6 of this Act, applies to 15
suspensions occurring before, on, or after the effective date of this Act. 16
* Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
TRANSITION: NOTIFICATION. Within six months after the effective date of this 19
Act, an insurance company doing business in the state shall provide notice of the provisions 20
of sec. 6 of this Act to the company's customers in this state who maintain proof of financial 21
responsibility as required under AS 28.20.330. 22