HB 293: "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 non-domiciled commercial driver's licenses and non-domiciled commercial learner's permits; and providing for an effective date."
00 HOUSE BILL NO. 293 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 non-domiciled commercial driver's licenses and 05 non-domiciled commercial learner's permits; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. 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. 2. 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
01 Commercial Driver's License Information System, the State-to-State Verification 02 Service, and the Driver License Data Verification Service. 03 * Sec. 3. AS 28.05.045 is amended to read: 04 Sec. 28.05.045. Voter registration. The administrative component of the 05 department that administers motor vehicle and driver's license laws shall comply with 06 AS 15.07.055 to serve as a voter registration agency to the extent required by state and 07 federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993) 08 and this section. A state resident, who will be 18 years of age or older within 90 days, 09 who applies to [IN AN OFFICE OF] the department for a driver's license, 10 identification card issued under AS 18.65.310, or vehicle registration under AS 28.10 11 shall at the time of application be advised by the division that the resident may also 12 register to vote. The application submitted by the resident shall serve as an application 13 for voter registration unless the resident fails to sign the voter registration portion of 14 the application. The department shall forward completed voter registration forms to 15 the division of elections. The department shall prominently display notice of the right 16 to apply for voter registration at each place that the public may apply for a driver's 17 license, identification card, or vehicle registration. 18 * Sec. 4. AS 28.10.081 is amended to read: 19 Sec. 28.10.081. Issuance of certificate of registration; certificate to be 20 signed, carried, and displayed. (a) The department shall mail or deliver the 21 certificate of registration to the owner of a vehicle in accordance with this chapter. 22 The certificate of registration must contain the assigned registration number, the name, 23 the residence and mailing addresses of the owner, the vehicle identification number, 24 the fees paid, and as much of the vehicle description appearing on the title as the 25 commissioner considers necessary. 26 (b) A driver shall carry a certificate of registration in the vehicle to which 27 it refers, except for when the certificate of registration is [EVERY CERTIFICATE 28 OF REGISTRATION SHALL, EXCEPT WHEN] used to apply for renewal of 29 registration or to transfer the registration [, BE CARRIED IN THE VEHICLE TO 30 WHICH IT REFERS]. [THE DRIVER OF A VEHICLE SHALL DISPLAY THE 31 ORIGINAL CERTIFICATE OF REGISTRATION OR A LEGIBLE PHOTOCOPY
01 IF THE ORIGINAL IS ON FILE AT THE ADDRESS SHOWN ON THE 02 CERTIFICATE OF REGISTRATION TO A PEACE OFFICER OR AN OFFICER 03 OR EMPLOYEE OF THE DEPARTMENT ACTING IN AN OFFICIAL CAPACITY 04 UPON THE REQUEST OF THAT OFFICER OR EMPLOYEE.] 05 * Sec. 5. AS 28.10.081 is amended by adding a new subsection to read: 06 (c) Upon the request of a peace officer or an officer or employee of the 07 department acting in an official capacity, the driver of a vehicle shall display the 08 certificate of registration or a legible photocopy if the original certificate of 09 registration is physically stored at the address shown on the certificate of registration. 10 A driver's display of an electronic certificate of registration on a mobile electronic 11 device under this subsection does not constitute consent for a peace officer or officer 12 or employee of the department to access other contents of the mobile electronic 13 device. A peace officer presented with a mobile electronic device under this 14 subsection is immune from liability resulting from damage to the device, except that a 15 peace officer may be liable for civil damages as a result of the peace officer's 16 intentional misconduct. 17 * Sec. 6. AS 28.10.091 is amended to read: 18 Sec. 28.10.091. Lost or mutilated certificates of registration or registration 19 plates. If a certificate of registration or a registration plate is lost, stolen, mutilated, or 20 becomes illegible or defective, the owner or legal representative or successor in 21 interest of the owner of the vehicle for which the certificate or plate was issued as 22 shown by the records of the department shall, immediately upon discovering the fact, 23 apply for a duplicate or substitute certificate of registration or registration plate and 24 shall, if applicable, return to the department all parts of the original certificate of 25 registration or registration plates that the applicant possesses. 26 * Sec. 7. AS 28.10.108(h) is amended to read: 27 (h) The department shall mail or deliver notice of registration expiration to the 28 registered owner of record at the owner's mailing address or electronic mail address as 29 shown in the records of the department. An owner of a vehicle subject to registration 30 who has received notice under this subsection may renew registration of the vehicle on 31 the department's Internet website [OR BY RETURNING THE NOTICE FORM,
01 TOGETHER WITH APPROPRIATE FEES, TO THE DEPARTMENT BY MAIL 02 POSTMARKED NOT LATER THAN THE FIFTH DAY OF THE REGISTRATION 03 RENEWAL PERIOD SHOWN ON THE VEHICLE'S CURRENT REGISTRATION 04 OR NOTICE FORM]. Upon receipt of a timely registration renewal application and 05 the appropriate fees and taxes, the department shall renew the registration and deliver 06 to the owner, or mail to the mailing address of the owner shown in department 07 records, [MAIL] the current registration [CARD AND REGISTRATION PLATE OR 08 TABS TO THE OWNER AT THE OWNER'S MAILING ADDRESS AS SHOWN 09 IN THE DEPARTMENT'S RECORDS]. 10 * Sec. 8. AS 28.10.181(e) is amended to read: 11 (e) Vehicles owned by the state, municipalities, and charitable organizations 12 of the state. Every certificate of registration and registration plate issued to the state, a 13 municipality, or charitable organization of the state is in effect until the vehicle for 14 which the registration certificate and plate were issued is no longer owned and 15 operated by the state, the municipality, or the charitable organization of the state or 16 until the department, in its discretion, declares its expiration. The state, municipality, 17 or charitable organization of the state shall maintain a current listing of all vehicles 18 registered to it [IN THE ORDER OF THE REGISTRATION NUMBER ASSIGNED 19 TO EACH VEHICLE,] and shall provide a copy of the listing to the department upon 20 request. The listing must include a description of each vehicle and other identifying 21 information required by the department. Registration plates issued under this 22 subsection must be of a distinctive design and numbering system. For the purposes of 23 this subsection, "charitable organization" means a nonprofit association, corporation, 24 society, or other entity organized, incorporated, or headquartered in the state for 25 educational, cultural, scientific, or other charitable purposes, as prescribed in 26 regulations of the department. 27 * Sec. 9. AS 28.10.201(c) is repealed and reenacted to read: 28 (c) When issuing an initial certificate of title that lists more than one owner, 29 the department may list the owners in the conjunctive using "and" or in the disjunctive 30 using "or." If a certificate of title lists the owners in the conjunctive, the department 31 may not register the vehicle without the consent of all owners listed. If a certificate of
01 title lists the owners in the disjunctive, the department may register the vehicle at the 02 request of any owner listed. 03 * Sec. 10. AS 28.10.231(c) is amended to read: 04 (c) The department shall [MAY NOT] indicate [ON A CERTIFICATE OF 05 TITLE MORE THAN] the primary lienholder and all registered owners on a 06 certificate of title [THE PRIMARY REGISTERED OWNER WHEN INDICATING 07 LIENHOLDERS AND REGISTERED OWNERS]. 08 * Sec. 11. AS 28.10.251(a) is amended to read: 09 (a) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes 10 illegible or defective, the first lienholder or, if none, the owner or legal representative 11 of the owner named in the title as shown by the records of the department shall apply 12 for and obtain a duplicate title upon furnishing information satisfactory to the 13 department and payment of the prescribed fee. The duplicate title must indicate that it 14 is a duplicate title, and it shall be mailed or delivered to the first lienholder named in it 15 or, if none, to the registered owner. 16 * Sec. 12. AS 28.10.271(a) is amended to read: 17 (a) When the owner of a registered vehicle transfers or assigns the owner's 18 title or interest in the vehicle, the registration of the vehicle does not expire and 19 [EXPIRES; HOWEVER,] the registration plates remain on the vehicle, except as 20 otherwise provided in AS 28.10.181. 21 * Sec. 13. AS 28.10.381(b) is amended to read: 22 (b) Upon approval of the application, the department shall send to the person 23 holding a lien or other encumbrance a new certificate of title that [WHICH] displays 24 the name of the owner or owners of the vehicle and indicates the existence of the lien 25 or other encumbrance. 26 * Sec. 14. AS 28.10.441 is amended by adding a new subsection to read: 27 (b) If the commissioner adopts regulations under AS 28.05.011(d) for the 28 electronic registration or titling of motor vehicles, the commissioner shall also set in 29 regulation the fees for verification of electronic certificates of registration and 30 electronic certificates of title. 31 * Sec. 15. AS 28.15.031(c) is amended to read:
01 (c) The department may not issue an original or duplicate commercial driver's 02 license to, nor renew or reinstate the commercial driver's license of, a person who is 03 disqualified from operating commercial motor vehicles in this or any other jurisdiction 04 [OR IS NOT DOMICILED IN THIS STATE]. 05 * Sec. 16. AS 28.22.031 is amended by adding a new subsection to read: 06 (c) The department shall review all accident reports and request proof of 07 insurance from a vehicle owner or operator in all cases where evidence of motor 08 vehicle liability insurance that complies with this chapter is not present. 09 * Sec. 17. AS 28.33.100(a) is amended to read: 10 (a) A person may not drive a commercial motor vehicle until the person 11 applies for and is issued a license for that purpose under AS 28.15.041. The 12 department may not issue a license to drive a commercial motor vehicle unless the 13 applicant 14 (1) is at least 18 years of age, to operate in intrastate commerce, or at 15 least 21 years of age, to operate in interstate commerce, except as provided in (f) of 16 this section; 17 (2) has successfully completed all required driving tests and written 18 and physical examinations; and 19 (3) either does not have a driver's license issued by another jurisdiction 20 or surrenders all driver's licenses issued by other jurisdictions; an applicant for a 21 non-domiciled commercial driver's license or non-domiciled commercial 22 learner's permit under AS 28.33.105(a)(1)(A) may not be required under this 23 paragraph to surrender a license issued by a foreign jurisdiction [AND 24 (4) IS DOMICILED IN THIS STATE]. 25 * Sec. 18. AS 28.33 is amended by adding a new section to read: 26 Sec. 28.33.105. Non-domiciled commercial driver's license and non- 27 domiciled commercial learner's permit. (a) The department may issue a non- 28 domiciled commercial driver's license or a non-domiciled commercial learner's permit 29 to an applicant who 30 (1) is domiciled in 31 (A) a foreign jurisdiction that meets the requirements set out
01 under 49 C.F.R. 383.23(b)(1); or 02 (B) another state that meets the requirements set out under 49 03 C.F.R. 383.23(b)(2); and 04 (2) meets the applicable requirements set out under AS 28.33.100(a) 05 and 49 C.F.R. 383.71. 06 (b) Except as otherwise provided by law, a person issued a non-domiciled 07 commercial driver's license or non-domiciled commercial learner's permit under this 08 section is subject to the same privileges and requirements as a person issued a 09 commercial driver's license or commercial learner's permit who is domiciled in the 10 state. 11 (c) A non-domiciled commercial driver's license and non-domiciled 12 commercial learner's permit must be marked with the word "non-domiciled" on the 13 face of the document. 14 (d) A non-domiciled commercial driver's license and non-domiciled 15 commercial learner's permit expires 16 (1) for an applicant under (a)(1)(A) of this section, on the expiration 17 date determined by the United States Department of Homeland Security that is stated 18 on the form required for the applicant under 49 C.F.R. 383.71(f)(2)(i) or one year from 19 the date of issuance, whichever is sooner; 20 (2) for an applicant under (a)(1)(B) of this section, one year from the 21 date of issuance. 22 * Sec. 19. AS 28.39.040(c) is amended to read: 23 (c) The department shall, upon assignment of a registration number, issue and 24 deliver to the owner a certificate of registration in a form prescribed by the 25 department. [A CERTIFICATE OF REGISTRATION IS NOT VALID UNLESS IT 26 IS SIGNED BY THE PERSON WHO SIGNED THE APPLICATION FOR 27 REGISTRATION.] 28 * Sec. 20. AS 28.39.040(f) is amended to read: 29 (f) While operating a snowmobile that is required to be registered under this 30 chapter, a person shall have in possession or carry in the snowmobile a valid 31 registration. Upon demand by a peace officer authorized to enforce this chapter or
01 officer or employee of the department acting in an official capacity, a person 02 operating a snowmobile shall produce for inspection the certificate of registration for 03 the snowmobile and furnish to the peace officer or officer or employee of the 04 department any information necessary for the identification of the snowmobile and 05 its owner. A driver's display of an electronic certificate of registration on a mobile 06 electronic device under this subsection does not constitute consent for a peace 07 officer or officer or employee of the department to access other contents of the 08 mobile electronic device. A peace officer presented with a mobile electronic 09 device under this subsection is immune from liability resulting from damage to 10 the device, except that a peace officer may be liable for civil damages as a result 11 of the peace officer's intentional misconduct. 12 * Sec. 21. AS 28.39.050(a) is amended to read: 13 (a) If there is a change of ownership of a snowmobile, the [SELLER AND] 14 buyer shall [FILL OUT THE TRANSFER OF OWNERSHIP SECTION OF THE 15 REGISTRATION, AND THE SELLER SHALL SIGN OVER THE 16 REGISTRATION TO THE NEW OWNER. THE SELLER SHALL] promptly submit 17 an application for registration [THE TRANSFER OF OWNERSHIP SECTION] to 18 the department, and, if the application meets the requirements set out under this 19 chapter and in regulation, the department shall issue a new certificate of registration 20 to the new owner. 21 * Sec. 22. AS 28.90.990(a) is amended by adding new paragraphs to read: 22 (33) "commercial driver's license" includes a non-domiciled 23 commercial driver's license; 24 (34) "commercial learner's permit" includes a non-domiciled 25 commercial learner's permit. 26 * Sec. 23. AS 28.10.271(d); and AS 28.33.190(9) are repealed. 27 * Sec. 24. This Act takes effect immediately under AS 01.10.070(c).