HB 81: "An Act relating to motor vehicle emissions; and providing for an effective date."
00 HOUSE BILL NO. 81 01 "An Act relating to motor vehicle emissions; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.10.041(a) is amended to read: 04 (a) The department may refuse to register a vehicle if 05 (1) the application contains a false or fraudulent statement; 06 (2) the applicant fails to furnish information required by the 07 department; 08 (3) the applicant is not entitled to the issuance of a certificate of title or 09 registration under this chapter; 10 (4) the vehicle is determined to be mechanically unsafe to be driven or 11 moved on a highway, vehicular way or area, or other public property in the state; 12 (5) the department has reasonable grounds to believe that the vehicle 13 was stolen or fraudulently acquired or that the granting of registration would be a 14 fraud against the rightful owner or other person having a valid lien upon the vehicle; 15 (6) the registration of the vehicle has been suspended or revoked for
01 any reason under the laws of the state; 02 (7) the required fees or taxes have not been paid; 03 (8) the vehicle or applicant fails to comply with this chapter or 04 regulations implementing this section; 05 (9) the vehicle is without a certificate of inspection required under 06 AS 19.10.310; 07 (10) except for a vehicle to be registered under AS 28.10.152, the 08 vehicle is subject to a state-approved emission inspection program adopted under 09 AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that 10 program [, UNLESS THE VEHICLE USES A FUEL SOURCE THAT DOES NOT 11 PRIMARILY EMIT CARBON MONOXIDE]; 12 (11) the applicant fails to certify to the department the existence of a 13 motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being 14 registered unless the owner of the vehicle qualifies as a self-insurer under 15 AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011. 16 * Sec. 2. AS 28.10.108(f) is amended to read: 17 (f) Upon request of the owner and payment of the proportionate prorated 18 applicable fees, a vehicle registered under this section shall have its registration period 19 extended in monthly increments to allow biennial registration to occur in the month of 20 the owner's choice, except that registration may not extend beyond the expiration 21 of an emissions inspection and maintenance certificate required for the vehicle. 22 Notwithstanding the other provisions of this chapter, upon request of the owner, 23 payment of the annual fee set out in AS 28.10.421(h), payment of any annual vehicle 24 registration tax due under AS 28.10.431(l), and, if applicable, payment of one-half of 25 the biennial emission control inspection program fee imposed under AS 28.10.423, the 26 department shall register a vehicle used for commercial purposes for a one-year 27 period. 28 * Sec. 3. AS 28.10.271(d) is amended to read: 29 (d) An emissions inspection and maintenance certificate 30 (1) shall be obtained when ownership of a vehicle subject to 31 registration under this chapter is transferred if the
01 (A) transferee resides in an area designated by the Department 02 of Environmental Conservation as an emissions inspection and maintenance 03 area; 04 (B) [VEHICLE WAS MANUFACTURED IN 1987 OR 05 EARLIER; 06 (C)] vehicle would be subject to an emissions inspection and 07 maintenance program; and 08 (C) [(D)] vehicle 09 (i) has not been inspected for emissions, or the existing 10 emissions inspection occurred more than two years ago; or 11 (ii) has a certificate of inspection, but the certificate 12 shows that the vehicle is not in compliance with program 13 requirements [AND MAINTENANCE CERTIFICATE IS MORE 14 THAN 12 MONTHS OLD]; 15 (2) need not be obtained under (1) of this subsection if, when 16 ownership of vehicle is transferred, 17 (A) the transferor surrenders the vehicle's registration plates 18 and all evidence of registration in the transferor's possession or control to the 19 department; or 20 (B) the vehicle has a valid, existing emissions inspection and 21 maintenance program seasonal waiver and the purchaser signs a seasonal 22 waiver transfer acknowledgment form approved by the department. 23 * Sec. 4. AS 45.45.400(a) is amended to read: 24 (a) A person engaged in the business of selling used motor vehicles may not 25 transfer or assign the owner's title or interest in the used vehicle to a person who 26 resides in an area subject to a state-approved emission inspection program established 27 under AS 46.14.400 or 46.14.510 and who intends to use the vehicle in that area, 28 unless the vehicle displays a valid emissions inspection decal, has a valid record of 29 emissions inspection with the Department of Administration, or has a certificate 30 of inspection, even though the certificate shows that the vehicle is not in 31 compliance with program requirements [HAS A CERTIFICATE OF
01 COMPLIANCE OR NONCOMPLIANCE] as required under the air pollution control 02 requirements applicable in that area. 03 * Sec. 5. AS 46.14.400(j) is amended to read: 04 (j) A person who operates a motor vehicle in violation of emissions 05 requirements imposed under this section is guilty of a violation and, upon conviction, 06 shall be fined $500 [$200]. It is the intent of the legislature that money collected 07 under this subsection be appropriated to promote air quality control programs in 08 municipalities. 09 * Sec. 6. AS 46.14.510(b) is amended to read: 10 (b) Unless otherwise exempted by law, a person shall maintain in operating 11 condition any element of the air pollution control system or mechanism of a motor 12 vehicle that the department, by regulation, requires to be maintained in or on the motor 13 vehicle. [FAILURE TO MAINTAIN A REQUIRED SYSTEM OR MECHANISM 14 IN OPERATING CONDITION SUBJECTS THE MOTOR VEHICLE'S 15 REGISTRATION TO SUSPENSION OR CANCELLATION. A MOTOR VEHICLE 16 WHOSE REGISTRATION HAS BEEN SUSPENDED OR CANCELED UNDER 17 THIS SUBSECTION IS NOT ELIGIBLE FOR SUBSEQUENT REGISTRATION 18 UNTIL THE OWNER OR OPERATOR OBTAINS CERTIFICATION FROM THE 19 DEPARTMENT, BASED ON A DEMONSTRATION THAT THE AIR 20 POLLUTION CONTROL SYSTEM OR MECHANISM IS RESTORED TO 21 OPERATING CONDITION.] 22 * Sec. 7. AS 46.14.510(c) is amended to read: 23 (c) The department shall consult with the Department of Administration 24 regarding implementation of the motor vehicle pollution control program. The 25 Department of Administration shall cooperate with the department in implementing 26 the program. As a part of a motor vehicle pollution control program, the 27 department or a municipality that enforces a motor vehicle pollution control 28 program may determine if a vehicle is properly registered as required by law. 29 * Sec. 8. AS 46.14.510(f) is amended to read: 30 (f) A person who fails to display an emissions inspection decal as required 31 by law [OPERATES A MOTOR VEHICLE IN VIOLATION OF EMISSIONS
01 REQUIREMENTS IMPOSED UNDER THIS SECTION] is guilty of a violation and, 02 upon conviction, shall be fined $500 [$200]. It is the intent of the legislature that 03 money collected under this subsection be appropriated to control pollution from motor 04 vehicle emissions. 05 * Sec. 9. This Act takes effect July 1, 2003.