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CSHB 184(FIN): "An Act relating to a commemorative troops license plate and to license plates available to disabled veterans; relating to mandatory motor vehicle insurance, license suspensions, mandatory impoundments of vehicles used in certain offenses, and notices relating to motor vehicles and driver's licenses; relating to registration of vehicles for disabled persons; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 184(FIN)                                                                    
01 "An Act relating to a commemorative troops license plate and to license plates available                                
02 to disabled veterans; relating to mandatory motor vehicle insurance, license suspensions,                               
03 mandatory impoundments of vehicles used in certain offenses, and notices relating to                                    
04 motor vehicles and driver's licenses; relating to registration of vehicles for disabled                                 
05 persons; and providing for an effective date."                                                                          
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 28.05.071 is amended by adding a new subsection to read:                                           
08            (b)  A person convicted of a violation of (a) of this section is guilty of an                                
09       infraction punishable by a fine not to exceed $300.                                                               
10    * Sec. 2. AS 28.10.181(d) is amended to read:                                                                      
11            (d)  Vehicles owned by veterans with disabilities, including persons disabled in                             
12       the line of duty while serving in the Alaska Territorial Guard, or other persons with                             
13       disabilities. Upon the request of a person with a disability that limits or impairs the                           
01       ability to walk, as defined in 23 C.F.R. 1235.2, the department shall (1) register one                            
02       motor vehicle in the name of the person without charge; and (2) issue a specially                                 
03       designed registration plate that displays (A) recognition of the disabled veteran if the                          
04       applicant's disability originated from the applicant's service with the Alaska Territorial                        
05       Guard or the armed forces of the United States; (B) the international symbol of                                   
06       accessibility (the wheelchair logo); and (C) if the applicant is a veteran, the Alaska and                        
07       United States flags and red, white, and blue colors. A person who is not otherwise                                
08       qualified under this subsection, but who meets the qualifications of a disabled veteran                           
09       under AS 29.45.030(i), may register one motor vehicle without charge, and the                                     
10       department shall issue a specially designed registration plate that displays recognition                          
11       of the disabled veteran that does not display the international symbol of accessibility                           
12       and does not carry with it special parking privileges. A disabled veteran who                                 
13       otherwise qualifies for a registration plate under this subsection may elect to                               
14       receive a plate under (p) or (q) of this section for which the person is otherwise                            
15       qualified that does not display the international symbol of accessibility and does                            
16       not carry with it special parking privileges. A disabled person who otherwise                                 
17       qualifies for a registration plate under (2)(B) of this subsection may elect to                               
18       receive a plate under another provision of this section for which the person is                               
19       otherwise qualified that does not display the international symbol of accessibility                           
20       and does not carry with it special parking privileges. For purposes of this                                   
21       subsection, proof of disability may be provided by a person licensed as a physician or                            
22       physician assistant under AS 08.64 or as an advanced nurse practitioner under                                     
23       AS 08.68.                                                                                                         
24    * Sec. 3. AS 28.10.181 is amended by adding a new subsection to read:                                              
25            (x)  Special request plates commemorating and supporting troops. Upon                                        
26       application by the owner of a motor vehicle, the department may issue registration                                
27       plates commemorating and supporting troops. The commissioner, in consultation with                                
28       Support Our Troops, Inc. shall determine the design and color of the plates. The                                  
29       department may disapprove the issuance of registration plates under this subsection                               
30       when the requested plates are a duplication of an existing registration. "Support Our                             
31       Troops" shall appear at the bottom of the plate and may be alternated with "Support                               
01       Our Heroes" if Support Our Troops, Inc., agrees to be responsible for any costs                                   
02       incurred from lack of sale of plates.                                                                             
03    * Sec. 4. AS 28.10.411(f) is amended to read:                                                                      
04            (f)  A resident 65 years of age or older on January 1 of the year the vehicle is                             
05       registered or a resident with a disability that limits or impairs the ability to walk                         
06       and who provides proof of that disability as provided in 23 C.F.R. 1235.2 is                                  
07       entitled to an exemption from the registration fee required under this section for one                            
08       vehicle subject to registration under AS 28.10.421(b)(1), (2), (5), or (6). An exemption                          
09       may not be granted except upon written application for the exemption on a form                                    
10       prescribed by the department.                                                                                     
11    * Sec. 5. AS 28.10.421(d) is amended by adding a new paragraph to read:                                            
12                 (17)  special request plates commemorating and supporting troops .....                                  
13       ..................................................................................................................
14       plus the fee required for that vehicle under (b), (c), (h), or (i) of this section; the $40                       
15       fee required by this paragraph shall be collected on issuance and biennial renewal in                             
16       the same manner as the fee required under (b), (c), (h), or (i) of this section; the                              
17       commissioner of administration shall separately account for the fees received under                               
18       this paragraph that the department deposits in the general fund; notwithstanding (g) of                           
19       this section, the annual estimated balance in the account that is in excess of the cost of                        
20       issuing special request plates may be appropriated by the legislature solely for the                              
21       purpose of providing benefits within the State of Alaska to troops and their families.                            
22    * Sec. 6. AS 28.15.291 is amended by adding a new subsection to read:                                              
23            (d)  It is an affirmative defense to a prosecution under (a) of this section that                            
24       the person's license was suspended under AS 28.22.041 and the person provides proof                               
25       of liability insurance meeting the requirements of AS 28.22 and proof that the                                    
26       insurance was in effect at the time of the accident that led to the suspension.                                   
27    * Sec. 7. AS 28.22.019 is amended by adding a new subsection to read:                                              
28            (d)  A person convicted under this section is guilty of a class B misdemeanor                                
29       and may be punished as provided in AS 12.55, except that a fine of at least $500 must                             
30       be imposed.                                                                                                       
31    * Sec. 8. AS 28.22.041(f) is amended to read:                                                                      
01            (f)  The department shall notify the licensee that the suspension becomes                                    
02       effective 30 days from the date of the notice and that the licensee has the right, within                         
03       the 30-day period, to make an oral or written answer controverting any point or issue,                            
04       or to present evidence and arguments for the consideration of the department.                                     
05       Notwithstanding AS 28.05.121, the department shall provide this notice to the                                 
06       address that appears to be the most recently provided from among the following:                               
07                 (1)  the address the department has for the person;                                                 
08                 (2)  the address shown on the report of the accident.                                               
09    * Sec. 9. AS 28.40 is amended by adding a new section to read:                                                     
10            Sec. 28.40.080. Impoundment of motor vehicle when person arrested for                                      
11       certain offenses. On the arrest of a person for a violation of AS 28.15.291;                                    
12       AS 28.33.030, 28.33.031; AS 28.35.030 or 28.35.032, the motor vehicle used in the                                 
13       commission of the offense shall be impounded. The cost of towing and storage of the                           
14       vehicle is a lien on the vehicle. If another person claims an ownership or security                               
15       interest in the motor vehicle and establishes that the interest predated the offense and                          
16       was acquired by the other person in good faith, the vehicle may be released to that                               
17       other person if the person pays the accrued cost of towing and storage of the vehicle.                            
18    * Sec. 10. Sections 2 - 5 of this Act take effect July 1, 2007.