CSHB 328(STA): "An Act relating to motor vehicle registration and registration fees, and to the optional municipal motor vehicle registration tax; to fees for drivers' licenses and permits; to fees related to inspection and control of motor vehicle emissions; and providing for an effective date."
00CS FOR HOUSE BILL NO. 328(STA) 01 "An Act relating to motor vehicle registration and registration fees, and to the 02 optional municipal motor vehicle registration tax; to fees for drivers' licenses and 03 permits; to fees related to inspection and control of motor vehicle emissions; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.17.140(b) is amended to read: 07 (b) Motor vehicles subject to the motor vehicle registration tax under 08 AS 29.45.075 [AS 28.10.431] shall be treated as taxable property under this section. 09 * Sec. 2. AS 28.10.108(c) is amended to read: 10 (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS 11 SECTION] shall have its initial registration, and may have its biennial [ANNUAL] 12 registration, renewed in the month of initial registration in the state, subject to the 13 provisions of (f) of this section. 14 * Sec. 3. AS 28.10.108(d) is amended to read:
01 (d) A registered vehicle retains the same biennial [ANNUAL] expiration date 02 regardless of the ownership of the vehicle. 03 * Sec. 4. AS 28.10.108(f) is amended to read: 04 (f) Upon request of the owner and payment of the proportionate prorated 05 applicable fees, a vehicle registered under this section shall have its registration period 06 extended in monthly increments to allow biennial [ANNUAL] registration to occur in 07 the month of the owner's choice. 08 * Sec. 5. AS 28.10.111(b) is amended to read: 09 (b) The department may receive an application for the renewal of vehicle 10 registration and issue a new certificate of registration at any time before the expiration 11 of the biennial [ANNUAL] registration as prescribed in regulations adopted by the 12 commissioner. Nothing in this section prevents the commissioner from providing for 13 a longer [MULTI-YEAR] registration period; however, a person may not display the 14 new registration plates on a vehicle before a date which may be set by the 15 commissioner. 16 * Sec. 6. AS 28.10.181(a) is amended to read: 17 (a) The department shall register unique and special vehicles and vehicles used 18 for special purposes and issue registration plates as provided in this section. 19 Notwithstanding other provisions of this chapter, registration plates issued under this 20 section remain with the person or organization to whom they are issued when vehicle 21 ownership is transferred or title or interest in the vehicle is assigned, except for plates 22 issued under (b), (h) and (i) of this section. Registration plates issued under this 23 section may not be used on, or transferred to, a vehicle other than the vehicle for 24 which the plates are issued without the approval of the department and payment of any 25 required fees and taxes prescribed in AS 28.10.421(d), [28.10.431 AND] 28.10.441, 26 and AS 46.14.510(e); however, if the plates issued under (c), (f) and (j) of this section 27 are transferred to a vehicle for which the registration fee is more than the fee for the 28 vehicle from which the plates are transferred, the owner shall pay the difference 29 between the two fees. Registration plates issued under this section to which a person 30 is no longer entitled or the transfer of the plates to another vehicle which the 31 department does not approve shall be returned immediately to the department by the
01 person or organization to whom the plates were originally issued. 02 * Sec. 7. AS 28.10.411(a) is amended to read: 03 (a) For every year during any part of which a vehicle is subject to registration 04 under this chapter, a registration fee shall be paid to the department at the time of 05 original registration and at each biennial [ANNUAL] renewal of registration after that 06 time. 07 * Sec. 8. AS 28.10.411(f) is amended to read: 08 (f) A resident 65 years of age or older on January 1 of the year the vehicle is 09 registered is entitled to an exemption once each biennial registration period 10 [CALENDAR YEAR] from the registration fee required under this section for one 11 motor vehicle subject to registration under AS 28.10.421(b)(1), (2), (5), or (6). An 12 exemption may not be granted except upon written application for the exemption on 13 a form prescribed by the department. 14 * Sec. 9. AS 28.10.421(a) is amended to read: 15 (a) Unless otherwise provided by law, 16 (1) the fees prescribed in this section shall be paid to the department 17 at the times provided under AS 28.10.108 and 28.10.111; [AND] 18 (2) an additional fee of $10 shall be added to the registration fee set 19 out in this section for registration not conducted by mail; the department may waive 20 this additional fee for a good cause based on criteria established in regulations adopted 21 by the department; and 22 (3) the department shall establish procedures that allow the fees 23 prescribed in this section to be paid by credit card, including credit card payment 24 authorized by telephone. 25 * Sec. 10. AS 28.10.421(b) is amended to read: 26 (b) The biennial [ANNUAL] registration fees under this subsection are 27 imposed within the following classifications for: 28 (1) a passenger vehicle or motor home not used or maintained for the 29 transportation of persons or property for hire or for other commercial use 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $53 [$35]; 31 (2) a pick-up truck or a van not exceeding 6,000 pounds unladen
01 weight and not used or maintained for the transportation of persons or property for hire 02 or for other commercial use . . . . . . . . . . . . . . . . . . . .$60 [$40]; 03 (3) a taxicab . . . . . . . . . . . . . . . . . . . . . . . . $105 [$70]; 04 (4) a motor bus with a seating capacity for 20 or more persons and 05 used exclusively for commercial purposes in the transporting of visitors or tourists 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $128 [$85]; 07 (5) a motorcycle or a motor-driven cycle . . . . . . . . . . .$30 [$20]; 08 (6) a trailer not used or maintained for the transportation of persons 09 or property for hire or for other commercial use, including, but not limited to, a boat 10 trailer, baggage trailer, box trailer, utility trailer, house trailer, travel trailer, or a trailer 11 rented or offered for rent . . . . . . . . . . . . . . . . . . . . $8 [$5]. 12 * Sec. 11. AS 28.10.421(c) is amended to read: 13 (c) The biennial [ANNUAL] registration fees under this subsection are 14 imposed and are based upon the actual unladen weight as established by the 15 manufacturer's advertised weight or upon the actual weight which the owner shall 16 furnish, subject to the approval of the commissioner or the commissioner's 17 representative, for a vehicle, including a motor vehicle pulling a trailer or semi-trailer, 18 that is registered in the name of a company or business, or is used or maintained for 19 the transportation of passengers for hire, excepting taxicabs and buses under (b) of this 20 section, or for the transportation of property for hire or for other commercial purposes, 21 including a trailer, semi-trailer, truck, wrecker, tow car, hearse, ambulance, and tractor, 22 as follows 23 (1) up to and including 5,000 pounds . . . . . . . . . . . . .$77 [$51]; 24 (2) more than 5,000 pounds to and including 12,000 pounds 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $129 [$86]; 26 (3) more than 12,000 pounds to and including 18,000 pounds $234 27 [$156]; 28 (4) more than 18,000 pounds . . . . . . . . . . . . . . . . .$332 [$221]. 29 * Sec. 12. AS 28.10.421(d) is amended to read: 30 (d) The special registration fees under this subsection are imposed biennially 31 [ANNUALLY], unless otherwise specified, for
01 (1) an historic vehicle, [(] one time only upon initial registration under 02 AS 28.10.181 [)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10; 03 (2) special request plates for 04 (A) Alaska National Guard personnel . . . . . . . . . . . . . . . . .$30; 05 (B) veterans or retired veterans . . . . . . . . . . . . . . . . . . .$30; 06 (C) recipients of the Purple Heart . . . . . . . . . . . . . . . . . $30; 07 (D) owners of custom collection vehicles . . . . . . . . . . . . . . .$50; 08 (E) other special request plates . . . . . . . . . . . . . . . . . . .$30; 09 plus the fee required for that vehicle under (b) of this section; the fee required by this 10 paragraph shall be collected only on the first issuance and on the replacement of 11 special request plates; 12 (3) a vehicle owned by a disabled veteran or other handicapped person, 13 and registered under AS 28.10.181 or a resident 65 years of age or older who files a 14 written application for an exemption on a form prescribed by the departmentnone; 15 (4) a vehicle owned by the state . . . . . . . . . . . . . . . . . . none; 16 (5) a vehicle owned by an elected state official . . . . . . . . .the fee 17 required for that vehicle under (b) of this section; 18 (6) [REPEALED 19 (7)] a vehicle owned by a rancher, farmer, or dairyman and registered 20 under AS 28.10.181 . . . . . . . . . . . . . . . . . . . . . . . .$53 [$35]; 21 (7) [(8)] a snowmobile or off-highway vehicle . . . . . . . . .$8 [$5]; 22 (8) [(9)] an amateur mobile radio station vehicle, 23 (A) with a transceiver capable of less than 5-band operation ... 24 the fee required for that vehicle under (b) or (c) of this section; 25 (B) in recognition of service to the public a mobile amateur 26 radio station owned by an amateur with general class or higher license, 27 provided the station must be satisfactorily proved capable of operating on at 28 least five bands from 160 through 10 meters, must have an antenna, and must 29 have a power supply and wiring as a permanent part of the vehicle; the 30 transmitting unit may be removed from the car for service or dry storage . . . 31 none for a mobile amateur radio station vehicle included in (b)(1) or (2) of this
01 section; 02 (9) [(10)] dealer registration plates 03 (A) the initial set of plates . . . . . . . . . . . . . . . .$68 [$45]; 04 (B) each subsequent set of plates . . . . . . . . . . . . . .$38 [$25]; 05 (10) [(11)] a vehicle owned by a municipality or charitable organization 06 meeting the requirements of AS 28.10.181(e) . . . . . . . . . . . . .$8 [$5]; 07 (11) [(12) REPEALED 08 (13)] a vehicle owned by a Pearl Harbor survivor or a former prisoner 09 of war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none; 10 (12) [(14) REPEALED 11 (15)] special request university plates . . . . . . . . . . . . . . . . $50 12 plus the fee required for that vehicle under (b)(1) or (2) of this section; the fee 13 required by this paragraph shall be collected only on the first issuance and on the 14 replacement of special request plates; the commissioner of administration shall 15 separately account by university campus designation for the fees received under this 16 paragraph that the department deposits in the general fund; the annual estimated 17 balance in the accounts that is in excess of the cost of issuing special request 18 university plates may be appropriated by the legislature for the support of programs 19 at each campus. 20 * Sec. 13. AS 28.10.423 is amended to read: 21 Sec. 28.10.423. EMISSION CONTROL INSPECTION PROGRAM FEES. In 22 addition to the biennial [ANNUAL] registration fee specified in AS 28.10.421, the 23 department shall collect [A $1 FEE IS IMPOSED UPON EVERY VEHICLE 24 REQUIRED TO BE INSPECTED UNDER] an emission control program fee as 25 required under AS 46.14.510(e) [ESTABLISHED UNDER AS 46.14.400 OR 26 46.14.510]. This fee shall be collected at the same time and in the same manner as 27 the registration fee. 28 * Sec. 14. AS 28.15.271 is amended by adding a new subsection to read: 29 (e) The department shall establish procedures that allow the fees prescribed in 30 this section to be paid by credit card, including credit card payment authorized by 31 telephone.
01 * Sec. 15. AS 29.45.030(j) is amended to read: 02 (j) One motor vehicle per household owned by a resident 65 years of age or 03 older on January 1 of the assessment year is exempt either from taxation on its 04 assessed value or from the registration tax under AS 29.45.075 [AS 28.10.431]. An 05 exemption may be granted under this subsection only upon written application on a 06 form prescribed by the municipality imposing the tax [DEPARTMENT OF PUBLIC 07 SAFETY]. 08 * Sec. 16. AS 29.45 is amended by adding a new section to read: 09 Sec. 29.45.075. ANNUAL MOTOR VEHICLE REGISTRATION TAX. (a) 10 A motor vehicle registration tax is imposed within a municipality that elects, by 11 passage of an appropriate ordinance, to come under this section. If a municipality has, 12 before October 15, 1978, levied a motor vehicle registration or ad valorem tax that has 13 been repealed by a vote of the people at any regular or special municipal election, then 14 the election provided for in this subsection is not effective until the ordinance passed 15 by the local governing body has been approved by the people at the next regularly 16 scheduled general or special municipal election. 17 (b) The tax is imposed upon motor vehicles subject to the license fee under 18 AS 28.10.411 and 28.10.421 and is based upon the age of vehicles as determined by 19 model year according to the following schedule: 20 Tax According to Age of Vehicle Since Model Year: 21 1st 2nd 3rd 4th 5th 6th 7th 8th 22 or over 23 Motor Vehicle 24 (1) motorcycle $ 9 $ 8 $ 7 $ 6 $ 4 $ 3 $ 2 $ 2 25 (2) vehicles speci- 66 55 44 33 22 17 11 8 26 fied in AS 28.10.- 27 421(b)(1) 28 (3) vehicles speci- 66 55 44 33 22 17 11 8 29 fied in AS 28.10.- 30 421(b)(3) 31 (4) vehicles speci-
01 fied in AS 28.10.- 02 421(c)(1) - (4) 03 5,000 pounds or 66 55 44 33 22 17 11 8 04 less 05 5,001 - 12,000 110 88 66 55 44 33 22 11 06 pounds 07 12,001 - 18,000 165 132 110 88 66 44 33 22 08 pounds 09 18,001 pounds 220 176 143 110 88 66 44 22 10 or over 11 (5) vehicles speci- 110 88 66 55 44 33 22 11 12 fied in AS 28.10.- 13 421(b)(4) 14 (6) vehicles speci- 9 8 7 6 4 3 2 2 15 fied in AS 28.10.- 16 421(b)(6) 17 (7) vehicles speci- 66 55 44 33 22 17 11 8 18 fied in AS 28.10.- 19 421(d)(9) 20 (8) vehicles speci- 66 55 44 33 22 17 11 8 21 fied in AS 28.10.- 22 421(b)(2) 23 (9) vehicles eligible 44 24 for dealer plates 25 under AS 28.10.- 26 421(d)(10). 27 (c) Except as provided under (d) of this section, the registration tax shall be 28 levied, collected, enforced, and otherwise administered by the municipality in which 29 the tax is imposed. Only one registration tax may be collected with respect to the 30 same motor vehicle in the year for which the tax is paid. 31 (d) If the municipality imposing a tax under (a) of this section and the
01 commissioner of public safety agree, the registration tax imposed by that municipality 02 under this section may be collected by the Department of Public Safety in the same 03 manner as provided for registration fees imposed under AS 28.10. If the Department 04 of Public Safety collects the tax imposed under this section, the department shall 05 refund money collected under this section, less eight percent as collection costs, to the 06 municipality for which the money was collected, as determined by 07 (1) the address of residence of an individual required to pay the tax, 08 or 09 (2) the situs of the vehicle if the vehicle is not owned by an individual; 10 the tax situs is the location at which the motor vehicle is usually, normally, or 11 regularly kept or used. 12 (e) If a person has paid the registration tax imposed in this section, and the 13 municipality determines that the payor is entitled to a refund in whole or in part of the 14 registration tax, the municipality shall make the refund to which the person is entitled. 15 A refund may not be made unless application for a refund is filed with the 16 municipality by December 31 of the year following the year for which the refund is 17 claimed. 18 (f) Money received by a borough under this section shall be allocated by the 19 borough by ordinance for city, area outside city, and service area purposes within the 20 borough. 21 (g) Payment of the registration tax is in lieu of all local use taxes and ad 22 valorem taxes on motor vehicles subject to the tax. A municipality that elects to come 23 under the provisions of this section may not levy use or ad valorem taxes on motor 24 vehicles subject to the registration tax during a fiscal year in which the election is in 25 effect. 26 (h) A vehicle owned by a former prisoner of war exempted from registration 27 fees under AS 28.10.421(d)(13) is subject to a motor vehicle registration tax under this 28 section. 29 * Sec. 17. AS 29.60.010(c) is amended to read: 30 (c) For purposes of this section, locally generated revenue 31 (1) includes
01 (A) the actual revenue derived from the levy and collection of 02 local taxes in the taxing unit for municipal services; 03 (B) motor vehicle payments received by the municipality under 04 AS 29.45.075 [AS 28.10.431]; 05 (C) revenue from fees, rentals, leases, penalties, licenses, or 06 permits received by the municipality for a function or service over which it has 07 control, including revenues derived from parks and recreation services, mass 08 transit, offstreet parking, and garbage and solid waste disposal services; 09 (D) special assessments received; and 10 (E) payments received by a municipality from a utility that are 11 in place of taxes levied and collected by the municipality; 12 (2) excludes 13 (A) revenue derived from the levy and collection of municipal 14 taxes and appropriated for the operating expenses and debt service of utilities; 15 (B) revenue from interest earned on investments and from the 16 sale and lease of land or equipment; and 17 (C) all other revenue from whatever service derived; 18 (3) is calculated on the basis of the actual revenue received during the 19 fiscal year of the taxing unit preceding the year in which the department's 20 determination of the millage rate equivalent is made under AS 29.60.030. 21 * Sec. 18. AS 46.14.510 is amended by adding new subsections to read: 22 (e) A person required to register a motor vehicle under AS 28.10.011 who 23 resides and operates the registered motor vehicle in an area subject to an emission 24 control program established under AS 46.14.400 or this section shall, in addition to the 25 registration fee specified in AS 28.10.421, pay a biennial motor vehicle emissions fee 26 as provided under AS 28.10.423. The department shall, by regulation, establish the 27 amount of the motor vehicle emissions fee. The department may not establish a fee 28 under this subsection that is greater than the fee necessary to pay the cost of the 29 department's motor vehicle emissions control program. The motor vehicle fees 30 collected under this subsection may be appropriated to the motor vehicle emissions 31 control account.
01 (f) A motor vehicle emissions control account is established in the general 02 fund. It consists of appropriations made to it. The department may use money in the 03 account for administration of an emission control program established under 04 AS 46.14.400 or this section. 05 (g) In addition to the fee described under (e) of this section, the department 06 may adopt regulations that prescribe reasonable fees to pay the department's 07 administrative costs resulting from other programs of the department designed to 08 control emissions from motor vehicles or to regulate motor vehicle fuels to control 09 emissions. 10 (h) In this section, "motor vehicle" means a vehicle that is self-propelled, but 11 does not include a vehicle propelled by human or animal power. 12 * Sec. 19. AS 28.10.108(b) and 28.10.431 are repealed. 13 * Sec. 20. TRANSITION. (a) Notwithstanding secs. 2 - 12 of this Act, the biennial 14 registration fees imposed under this Act shall be collected upon initial registration or renewal 15 of an existing registration. 16 (b) Notwithstanding the provisions of AS 28.10.423, beginning July 1, 1994, and 17 ending January 1, 1995, the annual motor vehicle emissions fee paid to the Department of 18 Public Safety under AS 28.10.423 shall equal $2. 19 * Sec. 21. Section 20(b) of this Act takes effect July 1, 1994. 20 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 1995.