Alaska 2023-2024 Regular Session

Alaska House Bill HB293 Latest Draft

Bill / Comm Sub Version Filed 05/11/2024

                             
HB0293b -1- CSHB 293(STA) 
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33-GH2373\S 
 
 
 
 
CS FOR HOUSE BILL NO. 293(STA) 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - SECOND SESSION 
 
BY THE HOUSE STATE AFFAIRS COMMITTEE 
 
Offered:  5/11/24 
Referred:  Finance  
 
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR 
A BILL 
 
FOR AN ACT ENTITLED 
 
"An Act relating to commercial driver's licenses and commercial instruction permits; 1 
and providing for an effective date." 2 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 
   * Section 1. AS 28.15.031(c) is amended to read: 4 
(c)  The department may not issue an original or duplicate commercial driver's 5 
license to, nor renew or reinstate the commercial driver's license of, a person who is 6 
disqualified from operating commercial motor vehicles in this or any other jurisdiction 7 
[OR IS NOT DOMICILED IN THIS STATE].  8 
   * Sec. 2. AS 28.15.051(f) is amended to read: 9 
(f)  A person who is at least 18 years of age may apply to the department for a 10 
domiciled commercial instruction permit. The department may, after the applicant has 
11 
successfully passed all parts of the examination under AS 28.15.081 other than the 12 
driving test, issue to the applicant a domiciled commercial instruction permit. The 13 
permit allows a person, while having the permit in the person's immediate possession, 14    33-GH2373\S 
CSHB 293(STA) -2- HB0293b 
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to drive a specified commercial type or class of motor vehicle on a highway or 1 
vehicular way or area for a period not to exceed 180 days. The permittee shall be 2 
accompanied by a person at least 21 years of age who has been licensed at least one 3 
year to drive the type or class of vehicle being used, who is capable of exercising 4 
control over the wheel, and who occupies a seat beside the driver. A domiciled 5 
commercial instruction permit may be renewed one time for a period of 180 days. 6 
Once a license is issued to drive a specified type or class of motor vehicle, a driver is 7 
not eligible to obtain a domiciled commercial instruction [INSTRUCTIONAL] 8 
permit for that specified type or class of motor vehicle unless 9 
(1)  five years have passed since the expiration of the previous license; 10 
or  11 
(2) the domiciled commercial instruction permit is obtained for the 12 
purpose of adding an endorsement to a current class of commercial license.  13 
   * Sec. 3. AS 28.15.051 is amended by adding a new subsection to read:  14 
(g)  A person who is at least 18 years of age may apply to the department for a 15 
non-domiciled commercial instruction permit. The department may, after the applicant 16 
has successfully passed all parts of the examination under AS 28.15.081 other than the 17 
driving test, issue to the applicant a non-domiciled commercial instruction permit if 18 
the applicant is domiciled in a foreign jurisdiction or another state, the department 19 
determines that the commercial motor vehicle testing and licensing standards of the 20 
other jurisdiction meet the requirements of federal law, and the applicant satisfies the 21 
requirements of AS 28.33.100(a)(2)(B) - (D). The permit allows a person, while 22 
having the permit in the person's immediate possession, to drive a specified 23 
commercial type or class of motor vehicle on a highway or vehicular way or area for a 24 
period not to exceed one year. The permittee shall be accompanied by a person at least 25 
21 years of age who has been licensed at least one year to drive the type or class of 26 
vehicle being used, who is capable of exercising control over the wheel, and who 27 
occupies a seat beside the driver. A non-domiciled commercial instruction permit must 28 
be marked with "non-domiciled" on the face of the document. A non-domiciled 29 
commercial instruction permit expires on the earlier of the expiration date determined 30 
by the United States Department of Homeland Security that is stated on the form 31    33-GH2373\S 
HB0293b -3- CSHB 293(STA) 
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required for the applicant under AS 28.33.100(a)(2)(B) or one year from the date of 1 
issuance. Once a license is issued to drive a specified type or class of motor vehicle, a 2 
driver is not eligible to obtain a non-domiciled commercial instruction permit for that 3 
specified type or class of motor vehicle unless  4 
(1)  five years have passed since the expiration of the previous license; 5 
or  6 
(2) the non-domiciled commercial instruction permit is obtained for 7 
the purpose of adding an endorsement to a current class of commercial license.  8 
   * Sec. 4. 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  12 
(1) domiciled license to drive a commercial motor vehicle only if 13 
[UNLESS] the applicant  14 
(A) [(1)] is at least 18 years of age, to operate in intrastate 15 
commerce, or at least 21 years of age, to operate in interstate commerce, 16 
except as provided in (f) of this section;  17 
(B) [(2)]  has successfully completed all required driving tests 18 
and written and physical examinations;  19 
(C) [(3)]  either does not have a driver's license issued by 20 
another jurisdiction or surrenders all driver's licenses issued by other 21 
jurisdictions; and  22 
(D) [(4)]  is domiciled in this state; 23 
(2)  non-domiciled license to drive a commercial motor vehicle if 24 
the applicant 25 
(A)  is domiciled in a  26 
(i) foreign jurisdiction that meets the commercial 27 
motor vehicle testing and licensing standards requirements of 28 
federal law; or 29 
(ii)  another state that meets the commercial motor 30 
vehicle testing and licensing standards requirements of federal law;  31    33-GH2373\S 
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(B)  is a foreign driver, is not exempt from driver licensing 1 
under this chapter or AS 28.15.021(10), and has an unexpired 2 
(i)  employment authorization document; or  3 
(ii) foreign passport and a United States Customs 4 
and Border Protection Form I-94 Arrival/Departure Record; 5 
(C) is at least 18 years of age, to operate in intrastate 6 
commerce, or at least 21 years of age, to operate in interstate commerce, 7 
except as provided in (f) of this section; and  8 
(D) has successfully completed all required driving tests 9 
and written and physical examinations. 10 
   * Sec. 5. AS 28.33.100 is amended by adding new subsections to read:  11 
(g)  A non-domiciled commercial driver's license must be marked with "non-12 
domiciled" on the face of the document. 13 
(h)  A non-domiciled commercial driver's license expires  14 
(1)  for an applicant under (a)(2)(A)(i) of this section, on the earlier of 15 
(A) the expiration date determined by the United States 16 
Department of Homeland Security that is stated on the form required for the 17 
applicant under (a)(2)(B) of this section; or  18 
(B)  one year from the date of issuance; 19 
(2)  for an applicant under (a)(2)(A)(ii) of this section, one year from 20 
the date of issuance.  21 
(i)  In addition to the requirements under (a) of this section, the holder of a 22 
non-domiciled commercial driver's license shall notify the department of any adverse 23 
action taken by a foreign or domestic jurisdiction or governmental agency against the 24 
person's driving privileges as required by federal law.  25 
   * Sec. 6. AS 28.90.990(a) is amended by adding new paragraphs to read: 26 
(33) "commercial driver's license" includes a non-domiciled 27 
commercial driver's license; 28 
(34) "commercial instruction permit" includes a non-domiciled 29 
commercial instruction permit. 30 
   * Sec. 7. AS 28.33.190(9) is repealed. 31    33-GH2373\S 
HB0293b -5- CSHB 293(STA) 
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   * Sec. 8. This Act takes effect immediately under AS 01.10.070(c). 1