Legislature(2023 - 2024)GRUENBERG 120

05/13/2024 09:00 AM House RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 12:30 PM --
+ SB 37 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
Scheduled but Not Heard
+ SB 115 PHYSICIAN ASSISTANT SCOPE OF PRACTICE TELECONFERENCED
Scheduled but Not Heard
+ SB 179 PROPERTY TRANSFER TAX; MUNI TELECOMM TAX TELECONFERENCED
Moved HCS CSSB 179(RLS) Out of Committee
+ SB 259 COMPENSATION FOR CERTAIN STATE EMPLOYEES TELECONFERENCED
<Pending Referral>
Scheduled but Not Heard
+ SB 95 LIC. PLATES: SPECIALTY ORGS/PEACE OFFICER TELECONFERENCED
Moved HCS CSSB 95(RLS) Out of Committee
+ SB 189 EXTEND ALASKA COMMISSION ON AGING TELECONFERENCED
Moved HCS SB 189(RLS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 95-LIC. PLATES: SPECIALTY ORGS/PEACE OFFICER                                                                     
                                                                                                                                
12:35:46 PM                                                                                                                   
                                                                                                                                
CHAIR  C. JOHNSON  announced  that the  first  order of  business                                                               
would be CS  FOR SENATE BILL NO. 95(STA) am,  "An Act relating to                                                               
special  request  specialty   organization  registration  plates;                                                               
relating  to  special  registration  plates  commemorating  peace                                                               
officers  killed  in the  line  of  duty;  and providing  for  an                                                               
effective date."  [Before the committee was HCS CSSB 95(STA).]                                                                  
                                                                                                                                
12:35:57 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TILTON   moved  to   adopt  the   proposed  House                                                               
committee  substitute   (HCS)  for  CSSB  95(STA),   Version  33-                                                               
LS0517\R, C. Radford, 5/10/24, as a working document.                                                                           
                                                                                                                                
CHAIR C. JOHNSON objected for the purpose of discussion.                                                                        
                                                                                                                                
12:36:25 PM                                                                                                                   
                                                                                                                                
TOM  WRIGHT,  Staff,  Representative  C.  Johnson,  Alaska  State                                                               
Legislature,  explained that  Version  R would  remove Section  4                                                               
from the  HCS CSSB 95(STA) version  of the bill.   He noted there                                                               
was  a  legal  memorandum  ("memo") [included  in  the  committee                                                               
packet] explaining that  a legislator may not  hold offices, such                                                               
as chairing a  committee proposed in Section 4,  and he indicated                                                               
this is  a separation  of power  issue.   Further, he  noted that                                                               
there  is an  amendment from  Representative Coulombe  and a  new                                                               
fiscal  note  from the  Division  of  Motor Vehicles  (DMV)  that                                                               
totals $266,000, which he remarked  is "really no change from the                                                               
other fiscal note."                                                                                                             
                                                                                                                                
12:37:40 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FIELDS  asked to  hear  from  the bill  sponsor's                                                               
staff.                                                                                                                          
                                                                                                                                
12:38:01 PM                                                                                                                   
                                                                                                                                
SORCHA  HAZELTON,  Staff,  Representative Kelly  Merrick,  Alaska                                                               
State  Legislature, on  behalf of  Representative Merrick,  prime                                                               
sponsor of  SB 95, stated that  "the sponsor has no  problem with                                                               
either change."                                                                                                                 
                                                                                                                                
12:38:13 PM                                                                                                                   
                                                                                                                                
CHAIR C.  JOHNSON removed  his objection to  the motion  to adopt                                                               
the proposed  HCS to HCS  CSSB 95(STA).   There being  no further                                                               
objection, Version R was before the committee.                                                                                  
                                                                                                                                
12:38:39 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TILTON moved to adopt  Amendment 1 to Version R of                                                               
SB 95, labeled 33-LS0517\S.4, C.  Radford, 5/11/24, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 4, following "personnel;":                                                                                  
          Insert "relating to the transfer of vehicles;                                                                       
     relating   to   commercial    driver's   licenses   and                                                                  
     commercial instruction permits;"                                                                                         
                                                                                                                                
     Page 4, following line 19:                                                                                                 
          Insert new bill sections to read:                                                                                   
        "* Sec. 4. AS 28.15.031(c) is amended to read:                                                                      
          (c)  The department may not issue an original or                                                                      
     duplicate commercial driver's license  to, nor renew or                                                                    
     reinstate the commercial driver's  license of, a person                                                                    
     who  is disqualified  from  operating commercial  motor                                                                    
     vehicles in this  or any other jurisdiction  [OR IS NOT                                                                    
     DOMICILED IN THIS STATE].                                                                                                  
        * Sec. 5. AS 28.15.051(f) is amended to read:                                                                         
          (f)  A person who is at least 18 years of age may                                                                     
     apply  to the  department  for  a domiciled  commercial                                                                
     instruction  permit.  The  department  may,  after  the                                                                    
     applicant  has successfully  passed  all  parts of  the                                                                    
     examination under  AS 28.15.081 other than  the driving                                                                    
     test,  issue to  the applicant  a domiciled  commercial                                                                
     instruction permit.  The permit allows a  person, while                                                                    
     having   the   permit   in   the   person's   immediate                                                                    
     possession,  to drive  a specified  commercial type  or                                                                    
     class of  motor vehicle on  a highway or  vehicular way                                                                    
     or  area for  a  period  not to  exceed  180 days.  The                                                                    
     permittee shall be accompanied by  a person at least 21                                                                    
     years of  age who has  been licensed at least  one year                                                                    
     to drive the  type or class of vehicle  being used, who                                                                    
     is capable  of exercising  control over the  wheel, and                                                                    
     who  occupies a  seat  beside the  driver. A  domiciled                                                                
     commercial instruction  permit may be renewed  one time                                                                    
     for a period  of 180 days. Once a license  is issued to                                                                    
     drive a  specified type  or class  of motor  vehicle, a                                                                    
     driver   is  not   eligible  to   obtain  a   domiciled                                                                
     commercial instruction [INSTRUCTIONAL]  permit for that                                                                
     specified type or class of motor vehicle unless                                                                            
               (1)  five years have passed since the                                                                            
     expiration of the previous license; or                                                                                     
               (2)  the domiciled commercial instruction                                                                    
     permit  is  obtained  for  the  purpose  of  adding  an                                                                    
     endorsement to a current class of commercial license.                                                                      
        * Sec.  6. AS 28.15.051 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (g)  A person who is at least 18 years of age may                                                                     
     apply to the department  for a non-domiciled commercial                                                                    
     instruction  permit.  The  department  may,  after  the                                                                    
     applicant  has successfully  passed  all  parts of  the                                                                    
     examination under  AS 28.15.081 other than  the driving                                                                    
     test,   issue   to   the  applicant   a   non-domiciled                                                                    
     commercial  instruction  permit  if  the  applicant  is                                                                    
     domiciled in  a foreign jurisdiction or  another state,                                                                    
     the  department determines  that  the commercial  motor                                                                    
     vehicle testing  and licensing  standards of  the other                                                                    
     jurisdiction meet the requirements  of federal law, and                                                                    
     the   applicant    satisfies   the    requirements   of                                                                    
     AS 28.33.100(a)(2)(B)  -  (D).   The  permit  allows  a                                                                    
     person,  while  having  the   permit  in  the  person's                                                                    
     immediate possession,  to drive a  specified commercial                                                                    
     type  or  class  of  motor  vehicle  on  a  highway  or                                                                    
     vehicular way  or area for  a period not to  exceed one                                                                    
     year. The  permittee shall be  accompanied by  a person                                                                    
     at  least 21  years of  age  who has  been licensed  at                                                                    
     least one  year to drive  the type or class  of vehicle                                                                    
     being used,  who is capable of  exercising control over                                                                    
     the wheel, and  who occupies a seat  beside the driver.                                                                    
     A non-domiciled  commercial instruction permit  must be                                                                    
     marked  with   "non-domiciled"  on  the  face   of  the                                                                    
     document.   A   non-domiciled  commercial   instruction                                                                    
     permit expires  on the earlier  of the  expiration date                                                                    
     determined by the United  States Department of Homeland                                                                    
     Security that  is stated on  the form required  for the                                                                    
     applicant under AS 28.33.100(a)(2)(B)  or one year from                                                                    
     the  date of  issuance.  Once a  license  is issued  to                                                                    
     drive a  specified type  or class  of motor  vehicle, a                                                                    
     driver  is  not  eligible  to  obtain  a  non-domiciled                                                                    
     commercial instruction  permit for that  specified type                                                                    
     or class of motor vehicle unless                                                                                         
               (1)  five years have passed since the                                                                            
     expiration of the previous license; or                                                                                     
               (2)        the    non-domiciled    commercial                                                                    
     instruction  permit  is  obtained for  the  purpose  of                                                                    
     adding an endorsement to a  current class of commercial                                                                    
     license.                                                                                                                 
        * Sec.  7. AS 28.22.031 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (c)  The department shall review all accident                                                                         
     reports  and shall  request proof  of insurance  from a                                                                    
     vehicle  owner  or  operator  in  each  case  in  which                                                                    
     evidence  of  motor  vehicle liability  insurance  that                                                                    
     complies with this chapter is not present.                                                                               
        * Sec. 8. AS 28.33.100(a) is amended to read:                                                                         
          (a)  A person may not drive a commercial motor                                                                        
     vehicle until  the person applies  for and is  issued a                                                                    
     license  for  that   purpose  under  AS 28.15.041.  The                                                                    
     department may [NOT] issue a                                                                                               
               (1)  domiciled license  to drive a commercial                                                                
     motor vehicle only if [UNLESS] the applicant                                                                           
               (A) [(1)]   is at  least 18 years of  age, to                                                                
     operate in  intrastate commerce,  or at least  21 years                                                                    
     of age,  to operate  in interstate commerce,  except as                                                                    
     provided in (f) of this section;                                                                                           
               (B)  [(2)]   has  successfully completed  all                                                                
     required  driving   tests  and  written   and  physical                                                                    
     examinations;                                                                                                              
               (C) [(3)]   either  does not have  a driver's                                                                
     license  issued by  another jurisdiction  or surrenders                                                                    
     all  driver's licenses  issued by  other jurisdictions;                                                                    
     and                                                                                                                        
               (D) [(4)]  is domiciled in this state;                                                                   
               (2)     non-domiciled  license  to   drive  a                                                                
     commercial motor vehicle if the applicant                                                                              
               (A)  is domiciled in                                                                                         
               (i)   a foreign  jurisdiction that  meets the                                                                
     requirements set out in 49 C.F.R. 383.23(b)(1); or                                                                     
               (ii)      another   state  that   meets   the                                                                
     requirements set out in 49 C.F.R. 383.23(b)(2); and                                                                    
               (B)   meets  the applicable  requirements set                                                                
     out in AS 28.33.100(a) and 49 C.F.R. 383.71                                                                            
               (C)  is at least  18 years of age, to operate                                                                
     in intrastate  commerce, or at  least 21 years  of age,                                                                
     to operate  in interstate commerce, except  as provided                                                                
     in (f) of this section; and                                                                                            
               (D)  has  successfully completed all required                                                                
     driving tests and written and physical examinations.                                                                   
        *  Sec. 9.  AS 28.33.100  is amended  by adding  new                                                                  
     subsections to read:                                                                                                       
          (g)  A non-domiciled commercial driver's license                                                                      
     must be marked with "non-domiciled"  on the face of the                                                                    
     document.                                                                                                                  
          (h)  A non-domiciled commercial driver's license                                                                      
     expires                                                                                                                    
               (1)   for an applicant under  (a)(2)(A)(i) of                                                                    
     this section, on the earlier of                                                                                            
               (A)   the expiration  date determined  by the                                                                    
     United States  Department of Homeland Security  that is                                                                    
     stated on the form required  for the applicant under 49                                                                    
     C.F.R. 383.71(f)(2)(i); or                                                                                                 
               (B)  one year from the date of issuance;                                                                         
               (2)  for an  applicant under (a)(2)(A)(ii) of                                                                    
     this section, one year from the date of issuance.                                                                          
               (i)  In addition to the requirements under                                                                       
     (a)  of this  section,  the holder  of a  non-domiciled                                                                    
     commercial   driver's   license    shall   notify   the                                                                    
     department of any adverse action  taken by a foreign or                                                                    
     domestic  jurisdiction or  governmental agency  against                                                                    
     the person's driving privileges  as required by federal                                                                    
     law.                                                                                                                     
        * Sec. 10. AS 28.39.040(c) is amended to read:                                                                        
          (c)  The department shall, upon assignment of a                                                                       
     registration number,  issue and deliver to  the owner a                                                                    
     certificate  of registration  in a  form prescribed  by                                                                    
     the department.  [A CERTIFICATE OF REGISTRATION  IS NOT                                                                    
     VALID UNLESS IT IS SIGNED  BY THE PERSON WHO SIGNED THE                                                                    
     APPLICATION FOR REGISTRATION.]                                                                                             
        * Sec. 11. AS 28.39.050(a) is amended to read:                                                                        
          (a)  If there is a change of ownership of a                                                                           
     snowmobile, the [SELLER AND] buyer  shall [FILL OUT THE                                                                    
     TRANSFER OF OWNERSHIP SECTION  OF THE REGISTRATION, AND                                                                    
     THE SELLER SHALL SIGN OVER  THE REGISTRATION TO THE NEW                                                                    
     OWNER.   THE   SELLER   SHALL]   promptly   submit   an                                                                
     application   for   registration   [THE   TRANSFER   OF                                                                
     OWNERSHIP  SECTION]  to  the department,  and,  if  the                                                                
     application  meets the  requirements  set  out in  this                                                                
     chapter and  in regulation, the department  shall issue                                                                
     a new certificate of registration to the new owner.                                                                        
        * Sec. 12. AS 28.90.990(a)  is amended by adding new                                                                  
     paragraphs to read:                                                                                                        
               (33)  "commercial driver's license" includes                                                                     
     a non-domiciled commercial driver's license;                                                                               
               (34)  "commercial learner's permit" includes                                                                     
     a non-domiciled commercial learner's permit.                                                                               
        * Sec. 13. AS 28.33.190(9) is repealed."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR C. JOHNSON objected for the purpose of discussion.                                                                        
                                                                                                                                
12:39:01 PM                                                                                                                   
                                                                                                                                
EDRA  MORLEDGE,  Staff,  Representative  Julie  Coulombe,  Alaska                                                               
State   Legislature,  on   behalf  of   Representative  Coulombe,                                                               
addressed  Amendment  1.     She  explained  that  Representative                                                               
Coulombe and a  member of the other body had,  last year, offered                                                               
companion legislation  to shorten  the wait period  for obtaining                                                               
commercial licensing  in response to a  shortage of approximately                                                               
500 unfilled trucker  positions by reducing the wait  time to one                                                               
year.   Subsequently, it  was discovered  that refugees  that had                                                               
undergone training  were not allowed  to obtain  their commercial                                                               
driver's license  (CDL) from  the DMV, and  that the  issue could                                                               
not be fixed  through regulation but had to  be addressed through                                                               
legislation.  The issue is that  Alaska does not have a provision                                                               
for a  nondomicile license or  instructor's permit.   Amendment 1                                                               
would correct this oversight.                                                                                                   
                                                                                                                                
12:40:41 PM                                                                                                                   
                                                                                                                                
MS. MORLEDGE,  in response to Representative  Fields, offered her                                                               
understanding  that  adopting Amendment  1  would  not result  in                                                               
increased cost.                                                                                                                 
                                                                                                                                
12:40:55 PM                                                                                                                   
                                                                                                                                
CHAIR C. JOHNSON  removed his objection.  There  being no further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
12:41:19 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TILTON  moved to report  HCS CSSB 95,  Version 33-                                                               
LS0517\R, C. Radford, 5/10/24, as  amended, out of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection, HCS  CSSB 95(RLS) was reported  out of                                                               
the House Rules Standing Committee.                                                                                             
                                                                                                                                
        SB 95-LIC. PLATES: SPECIALTY ORGS/PEACE OFFICER                                                                     
                                                                                                                                
12:45:51 PM                                                                                                                   
                                                                                                                                
CHAIR C. JOHNSON [announced the  committee would return to SB 95]                                                               
and invited Representative Tilton to speak.                                                                                     
                                                                                                                                
12:45:54 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TILTON  requested a message sent  that Legislative                                                               
Legal Services  be allowed to  make any conforming  and technical                                                               
changes to  HCS CSSB 95(RLS).   There being no objection,  it was                                                               
so ordered.                                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
SB 179 Amendment 1.pdf HRLS 5/13/2024 9:00:00 AM
SB 179
SB 179 Rules CS, version U.pdf HRLS 5/13/2024 9:00:00 AM
SB 179
SB 179 Amendment U.4.pdf HRLS 5/13/2024 9:00:00 AM
SB 179
SB179 Fiscal Note 1.pdf HRLS 5/13/2024 9:00:00 AM
SB 179
SB 179 DCEED Fiscal Note.pdf HRLS 5/13/2024 9:00:00 AM
SB 179
SB 95 CS.pdf HRLS 5/13/2024 9:00:00 AM
SB 95
SB 95 Amendment 1.pdf HRLS 5/13/2024 9:00:00 AM
SB 95
SB 95 Fiscal Note DMV.pdf HRLS 5/13/2024 9:00:00 AM
SB 95
SB 189 Rules CS.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Fiscal Note 1.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Massage therapists, Big Game Fiscal Note.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Marijuna Control Fiscal Note.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Alaska Commission on Aging Audit.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Message Therapists Audit.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Big Game Commercial Services Audit.pdf HRLS 5/13/2024 9:00:00 AM
SB 189
SB 189 Marijuana Control Board Audit.pdf HRLS 5/13/2024 9:00:00 AM
SB 189