Alaska 2023 2023-2024 Regular Session

Alaska House Bill HB293 Introduced / Bill

Filed 01/26/2024

                     
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 HOUSE BILL NO. 293 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - SECOND SESSION 
 
BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR 
 
Introduced:  1/26/24 
Referred:   State Affairs, Finance 
 
 
A BILL 
 
FOR AN ACT ENTITLED 
 
"An Act relating to the registration and titling of vehicles; relating to electronic 1 
registration and titling; relating to the powers of the commissioner of administration 2 
with respect to motor vehicles; relating to the transfer of vehicles; relating to motor 3 
vehicle liability insurance; relating to non-domiciled commercial driver's licenses and 4 
non-domiciled commercial learner's permits; and providing for an effective date." 5 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 
   * Section 1.  AS 28.05.011 is amended by adding a new subsection to read: 7 
(d)  The commissioner of administration may adopt regulations to provide for 8 
the electronic registration or titling of motor vehicles.  9 
   * Sec. 2.  AS 28.05.021 is amended by adding a new subsection to read: 10 
(c)  The commissioner of administration may enter into an agreement with a 11 
law enforcement agency, governmental agency or program, or data exchange service, 12 
including the National Driver Register, the Problem Driver Pointer System, the 13    33-GH2373\A 
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Commercial Driver's License Information System, the State-to-State Verification 1 
Service, and the Driver License Data Verification Service. 2 
   * Sec. 3.  AS 28.05.045 is amended to read: 3 
Sec. 28.05.045. Voter registration. The administrative component of the 4 
department that administers motor vehicle and driver's license laws shall comply with 5 
AS 15.07.055 to serve as a voter registration agency to the extent required by state and 6 
federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993) 7 
and this section. A state resident, who will be 18 years of age or older within 90 days, 8 
who applies to [IN AN OFFICE OF] the department for a driver's license, 9 
identification card issued under AS 18.65.310, or vehicle registration under AS 28.10 10 
shall at the time of application be advised by the division that the resident may also 11 
register to vote. The application submitted by the resident shall serve as an application 12 
for voter registration unless the resident fails to sign the voter registration portion of 13 
the application. The department shall forward completed voter registration forms to 14 
the division of elections. The department shall prominently display notice of the right 15 
to apply for voter registration at each place that the public may apply for a driver's 16 
license, identification card, or vehicle registration. 17 
   * Sec. 4.  AS 28.10.081 is amended to read: 18 
Sec. 28.10.081. Issuance of certificate of registration; certificate to be 19 
signed, carried, and displayed. (a) The department shall mail or deliver the 20 
certificate of registration to the owner of a vehicle in accordance with this chapter. 21 
The certificate of registration must contain the assigned registration number, the name, 22 
the residence and mailing addresses of the owner, the vehicle identification number, 23 
the fees paid, and as much of the vehicle description appearing on the title as the 24 
commissioner considers necessary. 25 
(b)  A driver shall carry a certificate of registration in the vehicle to which 26 
it refers, except for when the certificate of registration is [EVERY CERTIFICATE 27 
OF REGISTRATION SHALL, EXCEPT WHEN] used to apply for renewal o f 28 
registration or to transfer the registration [, BE CARRIED IN THE VEHICLE TO 29 
WHICH IT REFERS]. [THE DRIVER OF A VEHICLE SHALL DISPLAY THE 30 
ORIGINAL CERTIFICATE OF REGISTRATION OR A LEGIBLE PHOTOCOPY 31    33-GH2373\A 
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IF THE ORIGINAL IS ON FILE AT THE ADDRESS SHOWN ON THE 1 
CERTIFICATE OF REGISTRATION TO A PEACE OFFICER OR AN OFFICER 2 
OR EMPLOYEE OF THE DEPARTMENT ACTING IN AN OFFICIAL CAPACITY 3 
UPON THE REQUEST OF THAT OFFICER OR EMPLOYEE.] 4 
   * Sec. 5.  AS 28.10.081 is amended by adding a new subsection to read: 5 
(c) Upon the request of a peace officer or an officer or employee of the 6 
department acting in an official capacity, the driver of a vehicle shall display the 7 
certificate of registration or a legible photocopy if the original certificate of 8 
registration is physically stored at the address shown on the certificate of registration. 9 
A driver's display of an electronic certificate of registration on a mobile electronic 10 
device under this subsection does not constitute consent for a peace officer or officer 11 
or employee of the department to access other contents of the mobile electronic 12 
device. A peace officer presented with a mobile electronic device under this 13 
subsection is immune from liability resulting from damage to the device, except that a 14 
peace officer may be liable for civil damages as a result of the peace officer's 15 
intentional misconduct. 16 
   * Sec. 6.  AS 28.10.091 is amended to read: 17 
Sec. 28.10.091. Lost or mutilated certificates of registration or registration 18 
plates. If a certificate of registration or a registration plate is lost, stolen, mutilated, or 19 
becomes illegible or defective, the owner or legal representative or successor in 20 
interest of the owner of the vehicle for which the certificate or plate was issued as 21 
shown by the records of the department shall, immediately upon discovering the fact, 22 
apply for a duplicate or substitute certificate of registration or registration plate and 23 
shall, if applicable, return to the department all parts of the original certificate of 24 
registration or registration plates that the applicant possesses. 25 
   * Sec. 7.  AS 28.10.108(h) is amended to read: 26 
(h)  The department shall mail or deliver notice of registration expiration to the 27 
registered owner of record at the owner's mailing address or electronic mail address as 28 
shown in the records of the department. An owner of a vehicle subject to registration 29 
who has received notice under this subsection may renew registration of the vehicle on 30 
the department's Internet website [OR BY RETURNING THE NOTICE F ORM, 31    33-GH2373\A 
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TOGETHER WITH APPROPRIATE FEES , TO THE DEPARTMENT BY MAIL 1 
POSTMARKED NOT LATER THAN THE FIFTH DAY OF THE REGISTRATION 2 
RENEWAL PERIOD SHOWN ON THE VEHICLE'S CURRENT REGISTRATION 3 
OR NOTICE FORM]. Upon receipt of a timely registration renewal application and 4 
the appropriate fees and taxes, the department shall renew the registration and deliver 5 
to the owner, or mail to the mailing address of the owner shown in department 6 
records, [MAIL] the current registration [CARD AND REGISTRATION PLATE OR 7 
TABS TO THE OWNER AT THE OWNER'S MAILING ADDRESS AS SHOWN 8 
IN THE DEPARTMENT'S RECORDS]. 9 
   * Sec. 8.  AS 28.10.181(e) is amended to read: 10 
(e)  Vehicles owned by the state, municipalities, and charitable organizations 11 
of the state. Every certificate of registration and registration plate issued to the state, a 12 
municipality, or charitable organization of the state is in effect until the vehicle for 13 
which the registration certificate and plate were issued is no longer owned and 14 
operated by the state, the municipality, or the charitable organization of the state or 15 
until the department, in its discretion, declares its expiration. The state, municipality, 16 
or charitable organization of the state shall maintain a current listing of all vehicles 17 
registered to it [IN THE ORDER OF THE REGISTRATION NUMBER ASSIGNED 18 
TO EACH VEHICLE,] and shall provide a copy of the listing to the department upon 19 
request. The listing must include a description of each vehicle and other identifying 20 
information required by the department. Registration plates issued under this 21 
subsection must be of a distinctive design and numbering system. For the purposes of 22 
this subsection, "charitable organization" means a nonprofit association, corporation, 23 
society, or other entity organized, incorporated, or headquartered in the state for 24 
educational, cultural, scientific, or other charitable purposes, as prescribed in 25 
regulations of the department. 26 
   * Sec. 9.  AS 28.10.201(c) is repealed and reenacted to read: 27 
(c)  When issuing an initial certificate of title that lists more than one owner, 28 
the department may list the owners in the conjunctive using "and" or in the disjunctive 29 
using "or." If a certificate of title lists the owners in the conjunctive, the department 30 
may not register the vehicle without the consent of all owners listed. If a certificate of 31    33-GH2373\A 
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title lists the owners in the disjunctive, the department may register the vehicle at the 1 
request of any owner listed. 2 
   * Sec. 10.  AS 28.10.231(c) is amended to read: 3 
(c)  The department shall [MAY NOT] indicate [ON A CERTIFICATE OF 4 
TITLE MORE THAN] the primary lienholder and all registered owners on a 5 
certificate of title [THE PRIMARY REGISTERED OWNER WHEN INDICATING 6 
LIENHOLDERS AND REGISTERED OWNERS]. 7 
   * Sec. 11.  AS 28.10.251(a) is amended to read: 8 
(a) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes 9 
illegible or defective, the first lienholder or, if none, the owner or legal representative 10 
of the owner named in the title as shown by the records of the department shall apply 11 
for and obtain a duplicate title upon furnishing information satisfactory to the 12 
department and payment of the prescribed fee. The duplicate title must indicate that it 13 
is a duplicate title, and it shall be mailed or delivered to the first lienholder named in it 14 
or, if none, to the registered owner. 15 
   * Sec. 12.  AS 28.10.271(a) is amended to read: 16 
(a)  When the owner of a registered vehicle transfers or assigns the owner's 17 
title or interest in the vehicle, the registration of the vehicle does not expire and 18 
[EXPIRES; HOWEVER,] the registration plates remain on the vehicle, except as 19 
otherwise provided in AS 28.10.181. 20 
   * Sec. 13.  AS 28.10.381(b) is amended to read: 21 
(b)  Upon approval of the application, the department shall send to the person 22 
holding a lien or other encumbrance a new certificate of title that [WHICH] displays 23 
the name of the owner or owners of the vehicle and indicates the existence of the lien 24 
or other encumbrance. 25 
   * Sec. 14.  AS 28.10.441 is amended by adding a new subsection to read: 26 
(b) If the commissioner adopts regulations under AS 28.05.011(d) for the 27 
electronic registration or titling of motor vehicles, the commissioner shall also set in 28 
regulation the fees for verification of electronic certificates of registration and 29 
electronic certificates of title. 30 
   * Sec. 15.  AS 28.15.031(c) is amended to read: 31    33-GH2373\A 
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(c)  The department may not issue an original or duplicate commercial driver's 1 
license to, nor renew or reinstate the commercial driver's license of, a person who is 2 
disqualified from operating commercial motor vehicles in this or any other jurisdiction 3 
[OR IS NOT DOMICILED IN THIS STATE]. 4 
   * Sec. 16.  AS 28.22.031 is amended by adding a new subsection to read: 5 
(c) The department shall review all accident reports and request proof of 6 
insurance from a vehicle owner or operator in all cases where evidence of motor 7 
vehicle liability insurance that complies with this chapter is not present. 8 
   * Sec. 17.  AS 28.33.100(a) is amended to read: 9 
(a) A person may not drive a commercial motor vehicle until the person 10 
applies for and is issued a license for that purpose under AS 28.15.041. The 11 
department may not issue a license to drive a commercial motor vehicle unless the 12 
applicant 13 
(1)  is at least 18 years of age, to operate in intrastate commerce, or at 14 
least 21 years of age, to operate in interstate commerce, except as provided in (f) of 15 
this section; 16 
(2) has successfully completed all required driving tests and written 17 
and physical examinations; and 18 
(3)  either does not have a driver's license issued by another jurisdiction 19 
or surrenders all driver's licenses issued by other jurisdictions; an applicant for a 20 
non-domiciled commercial driver's license or non-domiciled commercial 21 
learner's permit under AS 28.33.105(a)(1)(A) may not be required under this 22 
paragraph to surrender a license issued by a foreign jurisdiction [AND 23 
(4)  IS DOMICILED IN THIS STATE]. 24 
   * Sec. 18.  AS 28.33 is amended by adding a new section to read: 25 
Sec. 28.33.105. Non-domiciled commercial driver's license and non-26 
domiciled commercial learner's permit. (a) The department may issue a non-27 
domiciled commercial driver's license or a non-domiciled commercial learner's permit 28 
to an applicant who 29 
(1)  is domiciled in 30 
(A)  a foreign jurisdiction that meets the requirements set out 31    33-GH2373\A 
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under 49 C.F.R. 383.23(b)(1); or 1 
(B)  another state that meets the requirements set out under 49 2 
C.F.R. 383.23(b)(2); and 3 
(2)  meets the applicable requirements set out under AS 28.33.100(a) 4 
and 49 C.F.R. 383.71. 5 
(b) Except as otherwise provided by law, a person issued a non-domiciled 6 
commercial driver's license or non-domiciled commercial learner's permit under this 7 
section is subject to the same privileges and requirements as a person issued a 8 
commercial driver's license or commercial learner's permit who is domiciled in the 9 
state. 10 
(c) A non-domiciled commercial driver's license and non-domiciled 11 
commercial learner's permit must be marked with the word "non-domiciled" on the 12 
face of the document. 13 
(d) A non-domiciled commercial driver's license and non-domiciled 14 
commercial learner's permit expires 15 
(1)  for an applicant under (a)(1)(A) of this section, on the expiration 16 
date determined by the United States Department of Homeland Security that is stated 17 
on the form required for the applicant under 49 C.F.R. 383.71(f)(2)(i) or one year from 18 
the date of issuance, whichever is sooner; 19 
(2)  for an applicant under (a)(1)(B) of this section, one year from the 20 
date of issuance. 21 
   * Sec. 19.  AS 28.39.040(c) is amended to read: 22 
(c)  The department shall, upon assignment of a registration number, issue and 23 
deliver to the owner a certificate of registration in a form prescribed by the 24 
department. [A CERTIFICATE OF REGISTRATION IS NOT VALID UNLESS IT 25 
IS SIGNED BY THE PERSON WHO SIGNED THE APPLICATION FOR 26 
REGISTRATION.] 27 
   * Sec. 20.  AS 28.39.040(f) is amended to read: 28 
(f)  While operating a snowmobile that is required to be registered under this 29 
chapter, a person shall have in possession or carry in the snowmobile a valid 30 
registration. Upon demand by a peace officer authorized to enforce this chapter or 31    33-GH2373\A 
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officer or employee of the department acting in an official capacity, a person 1 
operating a snowmobile shall produce for inspection the certificate of registration for 2 
the snowmobile and furnish to the peace officer or officer or employee of the 3 
department any information necessary for the identification of the snowmobile and 4 
its owner. A driver's display of an electronic certificate of registration on a mobile 5 
electronic device under this subsection does not constitute consent for a peace 6 
officer or officer or employee of the department to access other contents of the 7 
mobile electronic device. A peace officer presented with a mobile electronic 8 
device under this subsection is immune from liability resulting from damage to 9 
the device, except that a peace officer may be liable for civil damages as a result 10 
of the peace officer's intentional misconduct. 11 
   * Sec. 21.  AS 28.39.050(a) is amended to read: 12 
(a)  If there is a change of ownership of a snowmobile, the [SELLER AND] 13 
buyer shall [FILL OUT THE TRANSFER OF OWNERSHIP SECTION OF THE 14 
REGISTRATION, AND THE SELLER SHALL SIGN OVER THE 15 
REGISTRATION TO THE NEW OWNER. THE SELLER SHALL] promptly submi t 16 
an application for registration [THE TRANSFER OF OWNERSHIP SECTION] to 17 
the department, and, if the application meets the requirements set out under this 18 
chapter and in regulation, the department shall issue a new certificate of registration 19 
to the new owner. 20 
   * Sec. 22.  AS 28.90.990(a) is amended by adding new paragraphs to read: 21 
(33) "commercial driver's license" includes a non-domiciled 22 
commercial driver's license; 23 
(34) "commercial learner's permit" includes a non-domiciled 24 
commercial learner's permit. 25 
   * Sec. 23.  AS 28.10.271(d); and AS 28.33.190(9) are repealed.  26 
   * Sec. 24.  This Act takes effect immediately under AS 01.10.070(c). 27