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