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Alaska House Bill HB293

Alaska 2023-2024 Regular Session

Alaska House Bill HB293 Compare Versions

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2-HB0293b -1- CSHB 293(STA)
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10-CS FOR HOUSE BILL NO. 293(STA)
10+
11+ HOUSE BILL NO. 293
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-THIRD LEGISLATURE - SECOND SESSION
1516
16-BY THE HOUSE STATE AFFAIRS COMMITTEE
17+BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
1718
18-Offered: 5/11/24
19-Referred: Finance
19+Introduced: 1/26/24
20+Referred: State Affairs, Finance
2021
21-Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
26-"An Act relating to commercial driver's licenses and commercial instruction permits; 1
27-and providing for an effective date." 2
28-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
29- * Section 1. AS 28.15.031(c) is amended to read: 4
30-(c) The department may not issue an original or duplicate commercial driver's 5
31-license to, nor renew or reinstate the commercial driver's license of, a person who is 6
32-disqualified from operating commercial motor vehicles in this or any other jurisdiction 7
33-[OR IS NOT DOMICILED IN THIS STATE]. 8
34- * Sec. 2. AS 28.15.051(f) is amended to read: 9
35-(f) A person who is at least 18 years of age may apply to the department for a 10
36-domiciled commercial instruction permit. The department may, after the applicant has
37-11
38-successfully passed all parts of the examination under AS 28.15.081 other than the 12
39-driving test, issue to the applicant a domiciled commercial instruction permit. The 13
40-permit allows a person, while having the permit in the person's immediate possession, 14 33-GH2373\S
41-CSHB 293(STA) -2- HB0293b
27+"An Act relating to the registration and titling of vehicles; relating to electronic 1
28+registration and titling; relating to the powers of the commissioner of administration 2
29+with respect to motor vehicles; relating to the transfer of vehicles; relating to motor 3
30+vehicle liability insurance; relating to non-domiciled commercial driver's licenses and 4
31+non-domiciled commercial learner's permits; and providing for an effective date." 5
32+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
33+ * Section 1. AS 28.05.011 is amended by adding a new subsection to read: 7
34+(d) The commissioner of administration may adopt regulations to provide for 8
35+the electronic registration or titling of motor vehicles. 9
36+ * Sec. 2. AS 28.05.021 is amended by adding a new subsection to read: 10
37+(c) The commissioner of administration may enter into an agreement with a 11
38+law enforcement agency, governmental agency or program, or data exchange service, 12
39+including the National Driver Register, the Problem Driver Pointer System, the 13 33-GH2373\A
40+HB 293 -2- HB0293a
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44-to drive a specified commercial type or class of motor vehicle on a highway or 1
45-vehicular way or area for a period not to exceed 180 days. The permittee shall be 2
46-accompanied by a person at least 21 years of age who has been licensed at least one 3
47-year to drive the type or class of vehicle being used, who is capable of exercising 4
48-control over the wheel, and who occupies a seat beside the driver. A domiciled 5
49-commercial instruction permit may be renewed one time for a period of 180 days. 6
50-Once a license is issued to drive a specified type or class of motor vehicle, a driver is 7
51-not eligible to obtain a domiciled commercial instruction [INSTRUCTIONAL] 8
52-permit for that specified type or class of motor vehicle unless 9
53-(1) five years have passed since the expiration of the previous license; 10
54-or 11
55-(2) the domiciled commercial instruction permit is obtained for the 12
56-purpose of adding an endorsement to a current class of commercial license. 13
57- * Sec. 3. AS 28.15.051 is amended by adding a new subsection to read: 14
58-(g) A person who is at least 18 years of age may apply to the department for a 15
59-non-domiciled commercial instruction permit. The department may, after the applicant 16
60-has successfully passed all parts of the examination under AS 28.15.081 other than the 17
61-driving test, issue to the applicant a non-domiciled commercial instruction permit if 18
62-the applicant is domiciled in a foreign jurisdiction or another state, the department 19
63-determines that the commercial motor vehicle testing and licensing standards of the 20
64-other jurisdiction meet the requirements of federal law, and the applicant satisfies the 21
65-requirements of AS 28.33.100(a)(2)(B) - (D). The permit allows a person, while 22
66-having the permit in the person's immediate possession, to drive a specified 23
67-commercial type or class of motor vehicle on a highway or vehicular way or area for a 24
68-period not to exceed one year. The permittee shall be accompanied by a person at least 25
69-21 years of age who has been licensed at least one year to drive the type or class of 26
70-vehicle being used, who is capable of exercising control over the wheel, and who 27
71-occupies a seat beside the driver. A non-domiciled commercial instruction permit must 28
72-be marked with "non-domiciled" on the face of the document. A non-domiciled 29
73-commercial instruction permit expires on the earlier of the expiration date determined 30
74-by the United States Department of Homeland Security that is stated on the form 31 33-GH2373\S
75-HB0293b -3- CSHB 293(STA)
43+Commercial Driver's License Information System, the State-to-State Verification 1
44+Service, and the Driver License Data Verification Service. 2
45+ * Sec. 3. AS 28.05.045 is amended to read: 3
46+Sec. 28.05.045. Voter registration. The administrative component of the 4
47+department that administers motor vehicle and driver's license laws shall comply with 5
48+AS 15.07.055 to serve as a voter registration agency to the extent required by state and 6
49+federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993) 7
50+and this section. A state resident, who will be 18 years of age or older within 90 days, 8
51+who applies to [IN AN OFFICE OF] the department for a driver's license, 9
52+identification card issued under AS 18.65.310, or vehicle registration under AS 28.10 10
53+shall at the time of application be advised by the division that the resident may also 11
54+register to vote. The application submitted by the resident shall serve as an application 12
55+for voter registration unless the resident fails to sign the voter registration portion of 13
56+the application. The department shall forward completed voter registration forms to 14
57+the division of elections. The department shall prominently display notice of the right 15
58+to apply for voter registration at each place that the public may apply for a driver's 16
59+license, identification card, or vehicle registration. 17
60+ * Sec. 4. AS 28.10.081 is amended to read: 18
61+Sec. 28.10.081. Issuance of certificate of registration; certificate to be 19
62+signed, carried, and displayed. (a) The department shall mail or deliver the 20
63+certificate of registration to the owner of a vehicle in accordance with this chapter. 21
64+The certificate of registration must contain the assigned registration number, the name, 22
65+the residence and mailing addresses of the owner, the vehicle identification number, 23
66+the fees paid, and as much of the vehicle description appearing on the title as the 24
67+commissioner considers necessary. 25
68+(b) A driver shall carry a certificate of registration in the vehicle to which 26
69+it refers, except for when the certificate of registration is [EVERY CERTIFICATE 27
70+OF REGISTRATION SHALL, EXCEPT WHEN] used to apply for renewal o f 28
71+registration or to transfer the registration [, BE CARRIED IN THE VEHICLE TO 29
72+WHICH IT REFERS]. [THE DRIVER OF A VEHICLE SHALL DISPLAY THE 30
73+ORIGINAL CERTIFICATE OF REGISTRATION OR A LEGIBLE PHOTOCOPY 31 33-GH2373\A
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78-required for the applicant under AS 28.33.100(a)(2)(B) or one year from the date of 1
79-issuance. Once a license is issued to drive a specified type or class of motor vehicle, a 2
80-driver is not eligible to obtain a non-domiciled commercial instruction permit for that 3
81-specified type or class of motor vehicle unless 4
82-(1) five years have passed since the expiration of the previous license; 5
83-or 6
84-(2) the non-domiciled commercial instruction permit is obtained for 7
85-the purpose of adding an endorsement to a current class of commercial license. 8
86- * Sec. 4. AS 28.33.100(a) is amended to read: 9
77+IF THE ORIGINAL IS ON FILE AT THE ADDRESS SHOWN ON THE 1
78+CERTIFICATE OF REGISTRATION TO A PEACE OFFICER OR AN OFFICER 2
79+OR EMPLOYEE OF THE DEPARTMENT ACTING IN AN OFFICIAL CAPACITY 3
80+UPON THE REQUEST OF THAT OFFICER OR EMPLOYEE.] 4
81+ * Sec. 5. AS 28.10.081 is amended by adding a new subsection to read: 5
82+(c) Upon the request of a peace officer or an officer or employee of the 6
83+department acting in an official capacity, the driver of a vehicle shall display the 7
84+certificate of registration or a legible photocopy if the original certificate of 8
85+registration is physically stored at the address shown on the certificate of registration. 9
86+A driver's display of an electronic certificate of registration on a mobile electronic 10
87+device under this subsection does not constitute consent for a peace officer or officer 11
88+or employee of the department to access other contents of the mobile electronic 12
89+device. A peace officer presented with a mobile electronic device under this 13
90+subsection is immune from liability resulting from damage to the device, except that a 14
91+peace officer may be liable for civil damages as a result of the peace officer's 15
92+intentional misconduct. 16
93+ * Sec. 6. AS 28.10.091 is amended to read: 17
94+Sec. 28.10.091. Lost or mutilated certificates of registration or registration 18
95+plates. If a certificate of registration or a registration plate is lost, stolen, mutilated, or 19
96+becomes illegible or defective, the owner or legal representative or successor in 20
97+interest of the owner of the vehicle for which the certificate or plate was issued as 21
98+shown by the records of the department shall, immediately upon discovering the fact, 22
99+apply for a duplicate or substitute certificate of registration or registration plate and 23
100+shall, if applicable, return to the department all parts of the original certificate of 24
101+registration or registration plates that the applicant possesses. 25
102+ * Sec. 7. AS 28.10.108(h) is amended to read: 26
103+(h) The department shall mail or deliver notice of registration expiration to the 27
104+registered owner of record at the owner's mailing address or electronic mail address as 28
105+shown in the records of the department. An owner of a vehicle subject to registration 29
106+who has received notice under this subsection may renew registration of the vehicle on 30
107+the department's Internet website [OR BY RETURNING THE NOTICE F ORM, 31 33-GH2373\A
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111+TOGETHER WITH APPROPRIATE FEES , TO THE DEPARTMENT BY MAIL 1
112+POSTMARKED NOT LATER THAN THE FIFTH DAY OF THE REGISTRATION 2
113+RENEWAL PERIOD SHOWN ON THE VEHICLE'S CURRENT REGISTRATION 3
114+OR NOTICE FORM]. Upon receipt of a timely registration renewal application and 4
115+the appropriate fees and taxes, the department shall renew the registration and deliver 5
116+to the owner, or mail to the mailing address of the owner shown in department 6
117+records, [MAIL] the current registration [CARD AND REGISTRATION PLATE OR 7
118+TABS TO THE OWNER AT THE OWNER'S MAILING ADDRESS AS SHOWN 8
119+IN THE DEPARTMENT'S RECORDS]. 9
120+ * Sec. 8. AS 28.10.181(e) is amended to read: 10
121+(e) Vehicles owned by the state, municipalities, and charitable organizations 11
122+of the state. Every certificate of registration and registration plate issued to the state, a 12
123+municipality, or charitable organization of the state is in effect until the vehicle for 13
124+which the registration certificate and plate were issued is no longer owned and 14
125+operated by the state, the municipality, or the charitable organization of the state or 15
126+until the department, in its discretion, declares its expiration. The state, municipality, 16
127+or charitable organization of the state shall maintain a current listing of all vehicles 17
128+registered to it [IN THE ORDER OF THE REGISTRATION NUMBER ASSIGNED 18
129+TO EACH VEHICLE,] and shall provide a copy of the listing to the department upon 19
130+request. The listing must include a description of each vehicle and other identifying 20
131+information required by the department. Registration plates issued under this 21
132+subsection must be of a distinctive design and numbering system. For the purposes of 22
133+this subsection, "charitable organization" means a nonprofit association, corporation, 23
134+society, or other entity organized, incorporated, or headquartered in the state for 24
135+educational, cultural, scientific, or other charitable purposes, as prescribed in 25
136+regulations of the department. 26
137+ * Sec. 9. AS 28.10.201(c) is repealed and reenacted to read: 27
138+(c) When issuing an initial certificate of title that lists more than one owner, 28
139+the department may list the owners in the conjunctive using "and" or in the disjunctive 29
140+using "or." If a certificate of title lists the owners in the conjunctive, the department 30
141+may not register the vehicle without the consent of all owners listed. If a certificate of 31 33-GH2373\A
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145+title lists the owners in the disjunctive, the department may register the vehicle at the 1
146+request of any owner listed. 2
147+ * Sec. 10. AS 28.10.231(c) is amended to read: 3
148+(c) The department shall [MAY NOT] indicate [ON A CERTIFICATE OF 4
149+TITLE MORE THAN] the primary lienholder and all registered owners on a 5
150+certificate of title [THE PRIMARY REGISTERED OWNER WHEN INDICATING 6
151+LIENHOLDERS AND REGISTERED OWNERS]. 7
152+ * Sec. 11. AS 28.10.251(a) is amended to read: 8
153+(a) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes 9
154+illegible or defective, the first lienholder or, if none, the owner or legal representative 10
155+of the owner named in the title as shown by the records of the department shall apply 11
156+for and obtain a duplicate title upon furnishing information satisfactory to the 12
157+department and payment of the prescribed fee. The duplicate title must indicate that it 13
158+is a duplicate title, and it shall be mailed or delivered to the first lienholder named in it 14
159+or, if none, to the registered owner. 15
160+ * Sec. 12. AS 28.10.271(a) is amended to read: 16
161+(a) When the owner of a registered vehicle transfers or assigns the owner's 17
162+title or interest in the vehicle, the registration of the vehicle does not expire and 18
163+[EXPIRES; HOWEVER,] the registration plates remain on the vehicle, except as 19
164+otherwise provided in AS 28.10.181. 20
165+ * Sec. 13. AS 28.10.381(b) is amended to read: 21
166+(b) Upon approval of the application, the department shall send to the person 22
167+holding a lien or other encumbrance a new certificate of title that [WHICH] displays 23
168+the name of the owner or owners of the vehicle and indicates the existence of the lien 24
169+or other encumbrance. 25
170+ * Sec. 14. AS 28.10.441 is amended by adding a new subsection to read: 26
171+(b) If the commissioner adopts regulations under AS 28.05.011(d) for the 27
172+electronic registration or titling of motor vehicles, the commissioner shall also set in 28
173+regulation the fees for verification of electronic certificates of registration and 29
174+electronic certificates of title. 30
175+ * Sec. 15. AS 28.15.031(c) is amended to read: 31 33-GH2373\A
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179+(c) The department may not issue an original or duplicate commercial driver's 1
180+license to, nor renew or reinstate the commercial driver's license of, a person who is 2
181+disqualified from operating commercial motor vehicles in this or any other jurisdiction 3
182+[OR IS NOT DOMICILED IN THIS STATE]. 4
183+ * Sec. 16. AS 28.22.031 is amended by adding a new subsection to read: 5
184+(c) The department shall review all accident reports and request proof of 6
185+insurance from a vehicle owner or operator in all cases where evidence of motor 7
186+vehicle liability insurance that complies with this chapter is not present. 8
187+ * Sec. 17. AS 28.33.100(a) is amended to read: 9
87188 (a) A person may not drive a commercial motor vehicle until the person 10
88189 applies for and is issued a license for that purpose under AS 28.15.041. The 11
89-department may [NOT] issue a 12
90-(1) domiciled license to drive a commercial motor vehicle only if 13
91-[UNLESS] the applicant 14
92-(A) [(1)] is at least 18 years of age, to operate in intrastate 15
93-commerce, or at least 21 years of age, to operate in interstate commerce, 16
94-except as provided in (f) of this section; 17
95-(B) [(2)] has successfully completed all required driving tests 18
96-and written and physical examinations; 19
97-(C) [(3)] either does not have a driver's license issued by 20
98-another jurisdiction or surrenders all driver's licenses issued by other 21
99-jurisdictions; and 22
100-(D) [(4)] is domiciled in this state; 23
101-(2) non-domiciled license to drive a commercial motor vehicle if 24
102-the applicant 25
103-(A) is domiciled in a 26
104-(i) foreign jurisdiction that meets the commercial 27
105-motor vehicle testing and licensing standards requirements of 28
106-federal law; or 29
107-(ii) another state that meets the commercial motor 30
108-vehicle testing and licensing standards requirements of federal law; 31 33-GH2373\S
109-CSHB 293(STA) -4- HB0293b
190+department may not issue a license to drive a commercial motor vehicle unless the 12
191+applicant 13
192+(1) is at least 18 years of age, to operate in intrastate commerce, or at 14
193+least 21 years of age, to operate in interstate commerce, except as provided in (f) of 15
194+this section; 16
195+(2) has successfully completed all required driving tests and written 17
196+and physical examinations; and 18
197+(3) either does not have a driver's license issued by another jurisdiction 19
198+or surrenders all driver's licenses issued by other jurisdictions; an applicant for a 20
199+non-domiciled commercial driver's license or non-domiciled commercial 21
200+learner's permit under AS 28.33.105(a)(1)(A) may not be required under this 22
201+paragraph to surrender a license issued by a foreign jurisdiction [AND 23
202+(4) IS DOMICILED IN THIS STATE]. 24
203+ * Sec. 18. AS 28.33 is amended by adding a new section to read: 25
204+Sec. 28.33.105. Non-domiciled commercial driver's license and non-26
205+domiciled commercial learner's permit. (a) The department may issue a non-27
206+domiciled commercial driver's license or a non-domiciled commercial learner's permit 28
207+to an applicant who 29
208+(1) is domiciled in 30
209+(A) a foreign jurisdiction that meets the requirements set out 31 33-GH2373\A
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112-(B) is a foreign driver, is not exempt from driver licensing 1
113-under this chapter or AS 28.15.021(10), and has an unexpired 2
114-(i) employment authorization document; or 3
115-(ii) foreign passport and a United States Customs 4
116-and Border Protection Form I-94 Arrival/Departure Record; 5
117-(C) is at least 18 years of age, to operate in intrastate 6
118-commerce, or at least 21 years of age, to operate in interstate commerce, 7
119-except as provided in (f) of this section; and 8
120-(D) has successfully completed all required driving tests 9
121-and written and physical examinations. 10
122- * Sec. 5. AS 28.33.100 is amended by adding new subsections to read: 11
123-(g) A non-domiciled commercial driver's license must be marked with "non-12
124-domiciled" on the face of the document. 13
125-(h) A non-domiciled commercial driver's license expires 14
126-(1) for an applicant under (a)(2)(A)(i) of this section, on the earlier of 15
127-(A) the expiration date determined by the United States 16
128-Department of Homeland Security that is stated on the form required for the 17
129-applicant under (a)(2)(B) of this section; or 18
130-(B) one year from the date of issuance; 19
131-(2) for an applicant under (a)(2)(A)(ii) of this section, one year from 20
132-the date of issuance. 21
133-(i) In addition to the requirements under (a) of this section, the holder of a 22
134-non-domiciled commercial driver's license shall notify the department of any adverse 23
135-action taken by a foreign or domestic jurisdiction or governmental agency against the 24
136-person's driving privileges as required by federal law. 25
137- * Sec. 6. AS 28.90.990(a) is amended by adding new paragraphs to read: 26
138-(33) "commercial driver's license" includes a non-domiciled 27
139-commercial driver's license; 28
140-(34) "commercial instruction permit" includes a non-domiciled 29
141-commercial instruction permit. 30
142- * Sec. 7. AS 28.33.190(9) is repealed. 31 33-GH2373\S
143-HB0293b -5- CSHB 293(STA)
213+under 49 C.F.R. 383.23(b)(1); or 1
214+(B) another state that meets the requirements set out under 49 2
215+C.F.R. 383.23(b)(2); and 3
216+(2) meets the applicable requirements set out under AS 28.33.100(a) 4
217+and 49 C.F.R. 383.71. 5
218+(b) Except as otherwise provided by law, a person issued a non-domiciled 6
219+commercial driver's license or non-domiciled commercial learner's permit under this 7
220+section is subject to the same privileges and requirements as a person issued a 8
221+commercial driver's license or commercial learner's permit who is domiciled in the 9
222+state. 10
223+(c) A non-domiciled commercial driver's license and non-domiciled 11
224+commercial learner's permit must be marked with the word "non-domiciled" on the 12
225+face of the document. 13
226+(d) A non-domiciled commercial driver's license and non-domiciled 14
227+commercial learner's permit expires 15
228+(1) for an applicant under (a)(1)(A) of this section, on the expiration 16
229+date determined by the United States Department of Homeland Security that is stated 17
230+on the form required for the applicant under 49 C.F.R. 383.71(f)(2)(i) or one year from 18
231+the date of issuance, whichever is sooner; 19
232+(2) for an applicant under (a)(1)(B) of this section, one year from the 20
233+date of issuance. 21
234+ * Sec. 19. AS 28.39.040(c) is amended to read: 22
235+(c) The department shall, upon assignment of a registration number, issue and 23
236+deliver to the owner a certificate of registration in a form prescribed by the 24
237+department. [A CERTIFICATE OF REGISTRATION IS NOT VALID UNLESS IT 25
238+IS SIGNED BY THE PERSON WHO SIGNED THE APPLICATION FOR 26
239+REGISTRATION.] 27
240+ * Sec. 20. AS 28.39.040(f) is amended to read: 28
241+(f) While operating a snowmobile that is required to be registered under this 29
242+chapter, a person shall have in possession or carry in the snowmobile a valid 30
243+registration. Upon demand by a peace officer authorized to enforce this chapter or 31 33-GH2373\A
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146- * Sec. 8. This Act takes effect immediately under AS 01.10.070(c). 1
247+officer or employee of the department acting in an official capacity, a person 1
248+operating a snowmobile shall produce for inspection the certificate of registration for 2
249+the snowmobile and furnish to the peace officer or officer or employee of the 3
250+department any information necessary for the identification of the snowmobile and 4
251+its owner. A driver's display of an electronic certificate of registration on a mobile 5
252+electronic device under this subsection does not constitute consent for a peace 6
253+officer or officer or employee of the department to access other contents of the 7
254+mobile electronic device. A peace officer presented with a mobile electronic 8
255+device under this subsection is immune from liability resulting from damage to 9
256+the device, except that a peace officer may be liable for civil damages as a result 10
257+of the peace officer's intentional misconduct. 11
258+ * Sec. 21. AS 28.39.050(a) is amended to read: 12
259+(a) If there is a change of ownership of a snowmobile, the [SELLER AND] 13
260+buyer shall [FILL OUT THE TRANSFER OF OWNERSHIP SECTION OF THE 14
261+REGISTRATION, AND THE SELLER SHALL SIGN OVER THE 15
262+REGISTRATION TO THE NEW OWNER. THE SELLER SHALL] promptly submi t 16
263+an application for registration [THE TRANSFER OF OWNERSHIP SECTION] to 17
264+the department, and, if the application meets the requirements set out under this 18
265+chapter and in regulation, the department shall issue a new certificate of registration 19
266+to the new owner. 20
267+ * Sec. 22. AS 28.90.990(a) is amended by adding new paragraphs to read: 21
268+(33) "commercial driver's license" includes a non-domiciled 22
269+commercial driver's license; 23
270+(34) "commercial learner's permit" includes a non-domiciled 24
271+commercial learner's permit. 25
272+ * Sec. 23. AS 28.10.271(d); and AS 28.33.190(9) are repealed. 26
273+ * Sec. 24. This Act takes effect immediately under AS 01.10.070(c). 27