CSSB 208(STA): "An Act relating to the registration and titling of vehicles; relating to electronic registration and titling; relating to the powers of the commissioner of administration with respect to motor vehicles; relating to the transfer of vehicles; relating to motor vehicle liability insurance; relating to electronic identification cards; relating to electronic driver's licenses and permits; relating to motor vehicle liability insurance; relating to non-domiciled commercial driver's licenses and non-domiciled commercial learner's permits; and providing for an effective date."
00 CS FOR SENATE BILL NO. 208(STA) 01 "An Act relating to the registration and titling of vehicles; relating to electronic 02 registration and titling; relating to the powers of the commissioner of administration 03 with respect to motor vehicles; relating to the transfer of vehicles; relating to motor 04 vehicle liability insurance; relating to electronic identification cards; relating to 05 electronic driver's licenses and permits; relating to motor vehicle liability insurance; 06 relating to non-domiciled commercial driver's licenses and non-domiciled commercial 07 learner's permits; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 18.65.310(a) is amended to read: 10 (a) Upon payment of a $15 fee, the department shall issue a physical card 11 identical to the motor vehicle operator's license provided for in AS 28.15.111, except 12 that the card shall be of a different color and shall state in bold type letters across the 13 face of the card [IT] that the card [IT] is for identification purposes only. Upon
01 request of a person and upon payment of an additional $20 fee, the department may 02 issue an identification card under this section that is federally compliant. 03 * Sec. 2. AS 18.65.310 is amended by adding new subsections to read: 04 (s) The department may issue an electronic identification card to a person who 05 possesses a physical identification card upon application and payment of an additional 06 $50 fee. A person issued an electronic identification card shall retain the physical 07 identification card issued by the department. 08 (t) The department shall adopt regulations for the issuance and use of 09 electronic identification cards. 10 (u) Presentation of an electronic identification card on a mobile electronic 11 device for identification purposes does not constitute consent for a peace officer or 12 other authorized representative of the Department of Public Safety to search, view, or 13 access other contents of the mobile electronic device. A peace officer or other 14 authorized representative of the Department of Public Safety presented with an 15 electronic identification card shall promptly return the mobile electronic device to the 16 person once the peace officer or representative verifies the identity of the person. 17 (v) A peace officer or other authorized representative of the Department of 18 Public Safety presented with an electronic identification card on a mobile electronic 19 device under this section is immune from liability resulting from damage to the 20 device, except that a peace officer or other authorized representative of the 21 Department of Public Safety may be liable for civil damages that are the result of the 22 peace officer's or representative's intentional misconduct. 23 * Sec. 3. AS 18.65.320(b) is amended to read: 24 (b) A person whose identification card has been cancelled shall return the 25 physical card to the department. Failure to return a cancelled card within 10 days after 26 receiving notice of the cancellation is a violation punishable by a fine of up to $100. 27 * Sec. 4. AS 18.65.330 is amended to read: 28 Sec. 18.65.330. Definitions [DEFINITION]. In AS 18.65.310 - 18.65.330, 29 (1) "department" means the Department of Administration; 30 (2) "electronic identification card" means a data file specific to an 31 individual that
01 (A) displays the current identification card of the individual 02 and all data provided on the front and back of the individual's physical 03 identification card; and 04 (B) is available on a mobile electronic device through an 05 application that allows the individual's data file to be downloaded from 06 the department. 07 * Sec. 5. AS 28.05.011 is amended by adding a new subsection to read: 08 (d) The commissioner of administration may adopt regulations to provide for 09 the electronic registration or titling of motor vehicles. 10 * Sec. 6. AS 28.05.021 is amended by adding a new subsection to read: 11 (c) The commissioner of administration may enter into an agreement with a 12 law enforcement agency, governmental agency or program, or data exchange service, 13 including the National Driver Register, the Problem Driver Pointer System, the 14 Commercial Driver's License Information System, the State-to-State Verification 15 Service, and the Driver License Data Verification Service. 16 * Sec. 7. AS 28.05.045 is amended to read: 17 Sec. 28.05.045. Voter registration. The administrative component of the 18 department that administers motor vehicle and driver's license laws shall comply with 19 AS 15.07.055 to serve as a voter registration agency to the extent required by state and 20 federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993) 21 and this section. A state resident, who will be 18 years of age or older within 90 days, 22 who applies to [IN AN OFFICE OF] the department for a driver's license, 23 identification card issued under AS 18.65.310, or vehicle registration under AS 28.10 24 shall at the time of application be advised by the division that the resident may also 25 register to vote. The application submitted by the resident shall serve as an application 26 for voter registration unless the resident fails to sign the voter registration portion of 27 the application. The department shall forward completed voter registration forms to 28 the division of elections. The department shall prominently display notice of the right 29 to apply for voter registration at each place that the public may apply for a driver's 30 license, identification card, or vehicle registration. 31 * Sec. 8. AS 28.05.051 is amended to read:
01 Sec. 28.05.051. Suspended or revoked documents. (a) When the department 02 suspends or revokes a vehicle registration, certificate of registration, registration plate, 03 permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 04 person in possession of the document shall, immediately upon receiving notice of the 05 suspension, revocation, or cancellation, mail or deliver the registration, certificate, 06 plate, permit, or physical license to the department. 07 (b) The commissioner, officers and employees of the department designated 08 by the commissioner, judges and employees of a court, and all peace officers [,] may 09 take possession of a certificate of title, registration, or physical license issued by this 10 jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 11 stolen, or altered. 12 * Sec. 9. AS 28.10.081 is amended to read: 13 Sec. 28.10.081. Issuance of certificate of registration; certificate to be 14 signed, carried, and displayed. (a) The department shall mail or deliver the 15 certificate of registration to the owner of a vehicle in accordance with this chapter. 16 The certificate of registration must contain the assigned registration number, the name, 17 the residence and mailing addresses of the owner, the vehicle identification number, 18 the fees paid, and as much of the vehicle description appearing on the title as the 19 commissioner considers necessary. 20 (b) A driver shall carry a physical or electronic certificate of registration 21 in the vehicle to which it refers, except for when the physical certificate of 22 registration is [EVERY CERTIFICATE OF REGISTRATION SHALL, EXCEPT 23 WHEN] used to apply for renewal of registration or to transfer the registration [, BE 24 CARRIED IN THE VEHICLE TO WHICH IT REFERS. THE DRIVER OF A 25 VEHICLE SHALL DISPLAY THE ORIGINAL CERTIFICATE OF 26 REGISTRATION OR A LEGIBLE PHOTOCOPY IF THE ORIGINAL IS ON FILE 27 AT THE ADDRESS SHOWN ON THE CERTIFICATE OF REGISTRATION TO A 28 PEACE OFFICER OR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT 29 ACTING IN AN OFFICIAL CAPACITY UPON THE REQUEST OF THAT 30 OFFICER OR EMPLOYEE]. 31 * Sec. 10. AS 28.10.081 is amended by adding a new subsection to read:
01 (c) At the request of a peace officer, an officer or employee of the department 02 acting in an official capacity, or an authorized representative of the Department of 03 Public Safety, the driver of a vehicle shall display the certificate of registration or a 04 legible photocopy if the original certificate of registration is physically stored at the 05 address shown on the certificate of registration. A driver's display of an electronic 06 certificate of registration on a mobile electronic device under this subsection does not 07 constitute consent for a peace officer or officer or employee of the department to 08 access other contents of the mobile electronic device. A peace officer presented with a 09 mobile electronic device under this subsection is immune from liability resulting from 10 damage to the device, except that a peace officer may be liable for civil damages as a 11 result of the peace officer's intentional misconduct. 12 * Sec. 11. AS 28.10.091 is amended to read: 13 Sec. 28.10.091. Lost or mutilated certificates of registration or registration 14 plates. If a certificate of registration or a registration plate is lost, is stolen, is 15 mutilated, or becomes illegible or defective, the owner or legal representative or 16 successor in interest of the owner of the vehicle for which the certificate or plate was 17 issued as shown by the records of the department shall, immediately upon discovering 18 the fact, apply for a duplicate or substitute certificate of registration or registration 19 plate and shall, if applicable, return to the department all parts of the original 20 certificate of registration or registration plates that the applicant possesses. 21 * Sec. 12. AS 28.10.108(h) is amended to read: 22 (h) The department shall mail or deliver notice of registration expiration to the 23 registered owner of record at the owner's mailing address or electronic mail address as 24 shown in the records of the department. An owner of a vehicle subject to registration 25 who has received notice under this subsection may renew registration of the vehicle on 26 the department's Internet website [OR BY RETURNING THE NOTICE FORM, 27 TOGETHER WITH APPROPRIATE FEES, TO THE DEPARTMENT BY MAIL 28 POSTMARKED NOT LATER THAN THE FIFTH DAY OF THE REGISTRATION 29 RENEWAL PERIOD SHOWN ON THE VEHICLE'S CURRENT REGISTRATION 30 OR NOTICE FORM]. Upon receipt of a timely registration renewal application and 31 the appropriate fees and taxes, the department shall renew the registration and deliver
01 to the owner, or mail to the mailing address of the owner shown in department 02 records, [MAIL] the current registration [CARD AND REGISTRATION PLATE OR 03 TABS TO THE OWNER AT THE OWNER'S MAILING ADDRESS AS SHOWN 04 IN THE DEPARTMENT'S RECORDS]. 05 * Sec. 13. AS 28.10.181(e) is amended to read: 06 (e) Vehicles owned by the state, municipalities, and charitable organizations 07 of the state. Every certificate of registration and registration plate issued to the state, a 08 municipality, or charitable organization of the state is in effect until the vehicle for 09 which the registration certificate and plate were issued is no longer owned and 10 operated by the state, [THE] municipality, or [THE] charitable organization of the 11 state or until the department, in its discretion, declares its expiration. The state, 12 municipality, or charitable organization of the state shall maintain a current listing of 13 all vehicles registered to it [IN THE ORDER OF THE REGISTRATION NUMBER 14 ASSIGNED TO EACH VEHICLE,] and shall provide a copy of the listing to the 15 department upon request. The listing must include a description of each vehicle and 16 other identifying information required by the department. Registration plates issued 17 under this subsection must be of a distinctive design and numbering system. For the 18 purposes of this subsection, "charitable organization" means a nonprofit association, 19 corporation, society, or other entity organized, incorporated, or headquartered in the 20 state for educational, cultural, scientific, or other charitable purposes, as prescribed in 21 regulations of the department. 22 * Sec. 14. AS 28.10.201(c) is repealed and reenacted to read: 23 (c) When issuing an initial certificate of title that lists more than one owner, 24 the department shall list the owners in the conjunctive using "and" or in the disjunctive 25 using "or." If a certificate of title lists the owners in the conjunctive, the department 26 may not register the vehicle without the consent of all owners listed. If a certificate of 27 title lists the owners in the disjunctive, the department may register the vehicle at the 28 request of any owner listed. 29 * Sec. 15. AS 28.10.231(c) is amended to read: 30 (c) The department shall [MAY NOT] indicate [ON A CERTIFICATE OF 31 TITLE MORE THAN] the primary lienholder and all registered owners on a
01 certificate of title [THE PRIMARY REGISTERED OWNER WHEN INDICATING 02 LIENHOLDERS AND REGISTERED OWNERS]. 03 * Sec. 16. AS 28.10.251(a) is amended to read: 04 (a) If a certificate of title is lost, is stolen, is mutilated, is destroyed, or 05 becomes illegible or defective, the first lienholder or, if none, an [THE] owner or 06 legal representative of an [THE] owner named in the title as shown by the records of 07 the department shall apply for and obtain a duplicate title upon furnishing information 08 satisfactory to the department and payment of the prescribed fee. The duplicate title 09 must indicate that it is a duplicate title, and it shall be mailed or delivered to the first 10 lienholder named in it or, if none, to a [THE] registered owner. 11 * Sec. 17. AS 28.10.271(a) is amended to read: 12 (a) When the owner of a registered vehicle transfers or assigns the owner's 13 title or interest in the vehicle, the registration of the vehicle does not expire and 14 [EXPIRES; HOWEVER,] the registration plates remain on the vehicle, except as 15 otherwise provided in AS 28.10.181. 16 * Sec. 18. AS 28.10.381(b) is amended to read: 17 (b) Upon approval of the application, the department shall send to the person 18 holding a lien or other encumbrance a new certificate of title that [WHICH] displays 19 the name of the owner or owners of the vehicle and indicates the existence of the lien 20 or other encumbrance. 21 * Sec. 19. AS 28.10.441 is amended by adding a new subsection to read: 22 (b) If the commissioner adopts regulations under AS 28.05.011(d) for the 23 electronic registration or titling of motor vehicles, the commissioner shall also set in 24 regulation the fees for verification of electronic certificates of registration and 25 electronic certificates of title. 26 * Sec. 20. AS 28.15.011(b) is amended to read: 27 (b) Every person exercising the person's privilege to drive, or exercising any 28 degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 29 area, or other public property in this state, is required to have in the possession of the 30 person a valid physical or electronic Alaska driver's license issued under the 31 provisions of this chapter for the type or class of vehicle driven, unless expressly
01 exempted by law from this requirement. 02 * Sec. 21. AS 28.15.031(c) is amended to read: 03 (c) The department may not issue an original or duplicate commercial driver's 04 license to, nor renew or reinstate the commercial driver's license of, a person who is 05 disqualified from operating commercial motor vehicles in this or any other jurisdiction 06 [OR IS NOT DOMICILED IN THIS STATE]. 07 * Sec. 22. AS 28.15 is amended by adding a new section to read: 08 Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 09 department may issue an electronic driver's license or permit under this chapter to a 10 person who possesses a physical driver's license or permit. A person issued an 11 electronic driver's license or permit shall retain the physical driver's license or permit 12 issued by the department. 13 (b) The commissioner shall adopt regulations for the issuance and use of 14 electronic drivers' licenses and permits issued under this chapter. The commissioner 15 may adopt regulations to require a driver to possess a physical driver's license on their 16 person in certain circumstances. 17 (c) If a person's physical driver's license is seized, revoked, canceled, limited, 18 restricted, or suspended under this chapter, the department shall display a notice 19 regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 20 across the front of the person's electronic driver's license. 21 * Sec. 23. AS 28.15.131(a) is amended to read: 22 (a) A licensee shall have the licensee's physical or electronic driver's license 23 in immediate possession at all times when driving a motor vehicle, and shall present 24 the license for inspection upon the demand of a peace officer or other authorized 25 representative of the Department of Public Safety identified as such to the licensee by 26 the officer or representative. However, a person charged with violating this section 27 may not be convicted if the person produces in court or in the office of the arresting or 28 citing officer, a driver's license previously issued to the person that was valid at the 29 time of the person's arrest or citation. 30 * Sec. 24. AS 28.15.131 is amended by adding new subsections to read: 31 (c) Presentation of an electronic driver's license or permit on a mobile
01 electronic device under this chapter does not constitute consent for a peace officer or 02 other authorized representative of the Department of Public Safety to search, view, or 03 access other contents of the mobile electronic device. A peace officer or other 04 authorized representative of the Department of Public Safety presented with an 05 electronic driver's license or permit shall promptly return the mobile electronic device 06 to the person once the peace officer or representative verifies the identity and license 07 or permit status of the person. 08 (d) A peace officer or other authorized representative of the Department of 09 Public Safety presented with an electronic driver's license or permit on a mobile 10 electronic device under this chapter is immune from liability resulting from damage to 11 the device, except that a peace officer or other authorized representative of the 12 Department of Public Safety may be liable for civil damages that are the result of the 13 peace officer's or representative's intentional misconduct. 14 * Sec. 25. AS 28.15.151(a) is amended to read: 15 (a) The department shall maintain a file of 16 (1) every driver's license application, license or permit, and duplicate 17 driver's license issued by the department [IT]; 18 (2) every license that has been suspended, revoked, canceled, limited, 19 restricted, or denied, and the reasons for those actions; 20 (3) all accident reports required to be forwarded to the department 21 under this title; [AND] 22 (4) every disqualification of an individual from operating a 23 commercial motor vehicle; and 24 (5) every application for an electronic driver's license or permit 25 and the electronic drivers' licenses and permits issued by the department. 26 * Sec. 26. AS 28.15.165(b) is amended to read: 27 (b) After reading the notice under (a) of this section, the law enforcement 28 officer shall seize the person's physical driver's license if the physical driver's 29 license [IT] is in the person's possession and shall deliver the physical driver's 30 license [IT] to the department with a sworn report describing the circumstances under 31 which the physical driver's license [IT] was seized. If the person was operating a
01 commercial motor vehicle, the officer shall order the person out of service under 02 AS 28.33.130. 03 * Sec. 27. AS 28.15.166(a) is amended to read: 04 (a) A person who has received a notice under AS 28.15.165(a) may make a 05 written request for administrative review of the department's action under 06 AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 07 person's physical driver's license has not been previously surrendered to the 08 department, the physical driver's license [IT] shall be surrendered to the department 09 at the time the request for review is made. 10 * Sec. 28. AS 28.15.182(d) is amended to read: 11 (d) When imposing a limitation under (c) of this section, the court shall 12 (1) require the surrender of the physical driver's license; and 13 (2) issue to the person a certificate valid for the duration of the 14 limitation specifying the terms of the limited license. 15 * Sec. 29. AS 28.15.183(b) is amended to read: 16 (b) After reading the notice under (a) of this section, the peace officer shall 17 seize the person's physical driver's license or permit if the physical driver's license 18 or permit [IT] is in the person's possession and shall deliver the physical driver's 19 license or permit [IT] to the department with a sworn report describing the 20 circumstances under which the physical driver's license or permit [IT] was seized. 21 * Sec. 30. AS 28.15.184(a) is amended to read: 22 (a) A person who has received a notice under AS 28.15.183(a) may make a 23 written request for administrative review of the department's action. If the person's 24 physical driver's license or permit has not been previously surrendered to the 25 department, the physical driver's license or permit [IT] shall be surrendered to the 26 department at the time the request for review is made. 27 * Sec. 31. AS 28.15.187(b) is amended to read: 28 (b) After reading the notice under (a) of this section, the peace officer shall 29 seize the person's physical driver's license if the physical driver's license [IT] is in 30 the person's possession and shall deliver the physical driver's license [IT] to the 31 department with a sworn report describing the circumstances under which the
01 physical driver's license [IT] was seized. 02 * Sec. 32. AS 28.15.189(a) is amended to read: 03 (a) A person who has received a notice under AS 28.15.187(a) may make a 04 written request for administrative review of the department's action. If the person's 05 physical driver's license has not been previously surrendered to the department, the 06 physical driver's license [IT] shall be surrendered to the department at the time the 07 request for review is made. 08 * Sec. 33. AS 28.15.191(c) is amended to read: 09 (c) A court that suspends, revokes, or limits a driver's license shall require the 10 surrender of the physical license, and shall immediately forward the physical driver's 11 license [IT] to the department with the record of conviction and notification of the 12 effective date of the suspension, revocation, or limitation as determined under 13 AS 28.15.211(b). 14 * Sec. 34. AS 28.15.191(g) is amended to read: 15 (g) A court that has ordered a person to refrain from consuming alcoholic 16 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 17 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 18 following a conviction under those sections or a similar municipal ordinance, or as a 19 condition of probation or parole for any other crime shall 20 (1) require the surrender of the person's physical license and 21 identification card and forward the physical license and identification card to the 22 department; 23 (2) report the order to the department within two days; and 24 (3) inform the person that the person's license and identification card 25 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 26 otherwise qualified to receive a license or identification card, when the person obtains 27 a new license or identification card, the license or identification card must list the 28 restriction imposed by AS 04.16.160 for the period of probation or parole. 29 * Sec. 35. AS 28.15.191(h) is amended to read: 30 (h) The board of parole shall notify the department within two days whenever 31 a person has been ordered to refrain from consuming alcoholic beverages as a
01 condition of parole, shall require the person to surrender the person's physical license 02 and identification card, and shall inform the person that the person's license and 03 identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 04 and that, if the person is otherwise qualified to receive a license or identification card, 05 when the person obtains a new license or identification card, the license or 06 identification card must list the restriction imposed by AS 04.16.160. 07 * Sec. 36. AS 28.15.201(b) is amended to read: 08 (b) A court imposing a limitation under (a) of this section shall 09 (1) require certification of employment; 10 (2) require proof of enrollment in and compliance with or completion 11 of an alcoholism treatment program when appropriate; 12 (3) require the surrender of the physical driver's license; and 13 (4) issue to the licensee a certificate valid for the duration of the 14 limitation. 15 * Sec. 37. AS 28.15.271(a) is amended to read: 16 (a) The fees for drivers' licenses and permits, including renewals, and all 17 related driver skills tests are as follows: 18 (1) all noncommercial vehicles and motor-driven cycles 19 (A) each license fee ............... $31 [$20]; 20 (B) each driver skills test ................. $15; 21 (2) all commercial motor vehicles 22 (A) each license fee ............. $155 [$100]; 23 (B) each driver skills test .................. $25; 24 (3) instruction permit ................... $23 [$15]; 25 (4) duplicate of driver's license or instruction permit ........ $23 [$15]; 26 (5) temporary license and renewal of permit ...... $8 [$5]; 27 (6) school bus driver's endorsement renewal ........... $8; 28 (7) an electronic driver's license or permit .... $50 [$5]. 29 * Sec. 38. AS 28.20.560(a) is amended to read: 30 (a) A person whose license or registration is suspended under any provision of 31 this chapter, or whose policy of insurance or bond, when required under this chapter,
01 is canceled or terminated, shall immediately return the person's physical license or 02 registration to the department. If a person fails to return the license or registration to 03 the department, the department, through the commissioner of public safety, shall 04 immediately direct a peace officer to obtain possession of the license or registration 05 [IT] and to return the license or registration [IT] to the department. 06 * Sec. 39. AS 28.22.019(d) is amended to read: 07 (d) Displaying proof of motor vehicle liability insurance on a mobile 08 electronic device under this section does not constitute consent for a peace officer or 09 other authorized representative of the Department of Public Safety to access other 10 contents of the mobile electronic device. A peace officer or other authorized 11 representative of the Department of Public Safety presented proof of motor 12 vehicle liability insurance on a mobile electronic device shall promptly return the 13 device to the person once the peace officer or representative verifies that the 14 person possesses proof of motor vehicle liability insurance. 15 * Sec. 40. AS 28.22.019 is amended by adding a new subsection to read: 16 (f) A peace officer or other authorized representative of the Department of 17 Public Safety presented proof of motor vehicle liability insurance on a mobile 18 electronic device under this section is immune from liability resulting from damage to 19 the device, except that a peace officer or other authorized representative of the 20 Department of Public Safety may be liable for civil damages that are the result of the 21 peace officer's or representative's intentional misconduct. 22 * Sec. 41. AS 28.22.031 is amended by adding a new subsection to read: 23 (c) The department shall review all accident reports and shall request proof of 24 insurance from a vehicle owner or operator in each case in which evidence of motor 25 vehicle liability insurance that complies with this chapter is not present. 26 * Sec. 42. AS 28.22.041(d) is amended to read: 27 (d) When imposing a limitation under this section, the department shall 28 (1) require the surrender of the driver's physical license; and 29 (2) issue to the licensee a certificate valid for the duration of the 30 limitation. 31 * Sec. 43. AS 28.33.100(a) is amended to read:
01 (a) A person may not drive a commercial motor vehicle until the person 02 applies for and is issued a license for that purpose under AS 28.15.041. The 03 department may not issue a license to drive a commercial motor vehicle unless the 04 applicant 05 (1) is at least 18 years of age, to operate in intrastate commerce, or at 06 least 21 years of age, to operate in interstate commerce, except as provided in (f) of 07 this section; 08 (2) has successfully completed all required driving tests and written 09 and physical examinations; and 10 (3) either does not have a driver's license issued by another jurisdiction 11 or surrenders all driver's licenses issued by other jurisdictions, except that an 12 applicant for a non-domiciled commercial driver's license or non-domiciled 13 commercial learner's permit under AS 28.33.105(a)(1)(A) may not be required 14 under this paragraph to surrender a license issued by a foreign jurisdiction [; 15 AND 16 (4) IS DOMICILED IN THIS STATE]. 17 * Sec. 44. AS 28.33.100 is amended by adding a new subsection to read: 18 (g) Upon application, the department may issue an electronic commercial 19 driver's license as provided under AS 28.15.126. 20 * Sec. 45. AS 28.33 is amended by adding a new section to read: 21 Sec. 28.33.105. Non-domiciled commercial driver's license and non- 22 domiciled commercial learner's permit. (a) The department may issue a non- 23 domiciled commercial driver's license or non-domiciled commercial learner's permit 24 to an applicant who 25 (1) is domiciled in 26 (A) a foreign jurisdiction that meets the requirements set out in 27 49 C.F.R. 383.23(b)(1); or 28 (B) another state that meets the requirements set out in 49 29 C.F.R. 383.23(b)(2); and 30 (2) meets the applicable requirements set out in AS 28.33.100(a) and 31 49 C.F.R. 383.71.
01 (b) Except as otherwise provided by law, a person issued a non-domiciled 02 commercial driver's license or non-domiciled commercial learner's permit under this 03 section is subject to the same privileges and requirements as a person issued a 04 commercial driver's license or commercial learner's permit who is domiciled in the 05 state. 06 (c) A non-domiciled commercial driver's license or non-domiciled commercial 07 learner's permit must be marked with "non-domiciled" on the face of the document. 08 (d) A non-domiciled commercial driver's license or non-domiciled 09 commercial learner's permit expires 10 (1) for an applicant under (a)(1)(A) of this section, on the earlier of 11 (A) the expiration date determined by the United States 12 Department of Homeland Security that is stated on the form required for the 13 applicant under 49 C.F.R. 383.71(f)(2)(i); or 14 (B) one year from the date of issuance; 15 (2) for an applicant under (a)(1)(B) of this section, one year from the 16 date of issuance. 17 * Sec. 46. AS 28.33.140(i) is amended to read: 18 (i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 19 person from driving a commercial motor vehicle shall require the surrender of the 20 physical license, and shall immediately forward the physical license to the department 21 with the record of conviction and notification of the effective date of the 22 disqualification. If the disqualification occurs by administrative action as described in 23 (a) of this section, the person disqualified from driving shall surrender the physical 24 license to the department. 25 * Sec. 47. AS 28.35.034 is amended to read: 26 Sec. 28.35.034. Surrender of license or permit. A person whose license or 27 permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 28 28.15.181 shall surrender the physical license or permit to the department on receipt 29 of notice of the revocation. After the period of revocation has expired, the person may 30 make application for a new license as provided by law. 31 * Sec. 48. AS 28.39.040(c) is amended to read:
01 (c) The department shall, upon assignment of a registration number, issue and 02 deliver to the owner a certificate of registration in a form prescribed by the 03 department. [A CERTIFICATE OF REGISTRATION IS NOT VALID UNLESS IT 04 IS SIGNED BY THE PERSON WHO SIGNED THE APPLICATION FOR 05 REGISTRATION.] 06 * Sec. 49. AS 28.39.040(f) is amended to read: 07 (f) While operating a snowmobile that is required to be registered under this 08 chapter, a person shall have in possession or carry in the snowmobile a valid 09 registration. Upon demand by a peace officer authorized to enforce this chapter or an 10 officer or employee of the department acting in an official capacity, a person 11 operating a snowmobile shall produce for inspection the certificate of registration for 12 the snowmobile and furnish to the peace officer or officer or employee of the 13 department any information necessary for the identification of the snowmobile and 14 its owner. A person's display of an electronic certificate of registration on a 15 mobile electronic device under this subsection does not constitute consent for a 16 peace officer or officer or employee of the department to access other contents of 17 the mobile electronic device. A peace officer presented with a mobile electronic 18 device under this subsection is immune from liability resulting from damage to 19 the device, except that a peace officer may be liable for civil damages as a result 20 of the peace officer's intentional misconduct. 21 * Sec. 50. AS 28.39.050(a) is amended to read: 22 (a) If there is a change of ownership of a snowmobile, the [SELLER AND] 23 buyer shall [FILL OUT THE TRANSFER OF OWNERSHIP SECTION OF THE 24 REGISTRATION, AND THE SELLER SHALL SIGN OVER THE 25 REGISTRATION TO THE NEW OWNER. THE SELLER SHALL] promptly submit 26 an application for registration [THE TRANSFER OF OWNERSHIP SECTION] to 27 the department, and, if the application meets the requirements set out in this 28 chapter and in regulation, the department shall issue a new certificate of registration 29 to the new owner. 30 * Sec. 51. AS 28.90.990(a) is amended by adding new paragraphs to read: 31 (33) "commercial driver's license" includes a non-domiciled
01 commercial driver's license; 02 (34) "commercial learner's permit" includes a non-domiciled 03 commercial learner's permit; 04 (35) "electronic driver's license or permit" means a data file specific to 05 an individual that 06 (A) displays the current driver's license or permit status of the 07 individual and all data included on the front and back of the individual's 08 physical driver's license or permit; and 09 (B) is available on a mobile electronic device through an 10 application that allows the individual's data file to be downloaded from the 11 department. 12 * Sec. 52. AS 33.16.150(i) is amended to read: 13 (i) In addition to other conditions of parole imposed under this section, for a 14 prisoner who is serving a sentence for an offense involving the use of alcohol and 15 whom the board has ordered to refrain from possessing or consuming alcoholic 16 beverages, the board shall require the surrender of the person's physical driver's 17 license or identification card, forward the physical license or identification card to the 18 department, and impose as a condition of parole that, if the parolee is eligible for a 19 driver's license or identification card, the parolee shall apply to the department for a 20 new license or identification card with a restriction imposed on the person under 21 AS 04.16.160. The board shall notify the department of the board's order under this 22 subsection by providing a copy of the board's order. Upon discharge from parole, the 23 board shall notify the department of the parolee's discharge. In this subsection, 24 "department" means the Department of Administration. 25 * Sec. 53. AS 28.10.271(d); and AS 28.33.190(9) are repealed. 26 * Sec. 54. This Act takes effect immediately under AS 01.10.070(c).