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CSHB 82(STA): "An Act relating to vehicle registration; relating to off-highway restricted areas; and relating to motor vehicle liability insurance."

00 CS FOR HOUSE BILL NO. 82(STA) 01 "An Act relating to vehicle registration; relating to off-highway restricted areas; and 02 relating to motor vehicle liability insurance." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.10.011 is amended to read: 05 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 06 moved, or parked on [UPON] a highway or other public parking place in the state 07 shall be registered under this chapter except when the vehicle is 08 (1) driven or moved on a highway only for the purpose of crossing the 09 highway from one private property to another, including an implement of husbandry 10 as defined by regulation; 11 (2) driven or moved on a highway under a dealer's plate or temporary 12 permit as provided for in AS 28.10.031 and 28.10.181(j); 13 (3) special mobile equipment as defined by regulation; 14 (4) owned by the United States;

01 (5) moved by human or animal power; 02 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 03 Relief Act); 04 (7) driven or parked only on private property; 05 (8) the vehicle of a nonresident as provided under AS 28.10.121; 06 (9) transported under a special permit under AS 28.10.151; 07 (10) a noncommercial motor vehicle and is [BEING] driven or 08 moved in an area included on the list published by the department under (b) of 09 this section [ON A HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING 10 PLACE IN THE STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY 11 OR VEHICULAR WAY TO 12 (A) THE LAND-CONNECTED STATE HIGHWAY 13 SYSTEM; OR 14 (B) A HIGHWAY OR VEHICULAR WAY WITH AN 15 AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499]; 16 (11) an implement of husbandry operated in accordance with the 17 provisions of AS 19.10.065; 18 (12) an electric personal motor vehicle. 19 * Sec. 2. AS 28.10.011 is amended by adding a new subsection to read: 20 (b) The department shall annually publish a list of areas of the state that do not 21 have land-connected road access to a location where the driver skills test is conducted 22 at least once every 12 months. The department shall make the list available at each 23 office of the department and on the department's Internet website. 24 * Sec. 3. AS 28.15.201(d) is amended to read: 25 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 26 a license under AS 28.15.181(c), or the department when revoking a driver's license, 27 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 28 limited license privileges if 29 (1) the revocation was for a misdemeanor conviction under 30 AS 28.35.030 or a similar municipal ordinance and not for a violation of 31 AS 28.35.032;

01 (2) the person 02 (A) has not been previously convicted and the limited license is 03 not granted during the first 30 days of the period of revocation; or 04 (B) has been previously convicted and the limited license is not 05 granted during the first 90 days of the period of revocation; 06 (3) the court or department requires the person to use an ignition 07 interlock device during the period of the limited license whenever the person operates 08 a motor vehicle in an area [A COMMUNITY] not included in the list published by 09 the department under AS 28.10.011(b) [AS 28.22.011(b)] and, when applicable, 10 (A) the person provides proof of installation of the ignition 11 interlock device on every vehicle the person operates; 12 (B) the person signs an affidavit acknowledging that 13 (i) operation by the person of a vehicle that is not 14 equipped with an ignition interlock device is subject to penalties for 15 driving with a revoked license; 16 (ii) circumventing or tampering with the ignition 17 interlock device is a class A misdemeanor; and 18 (iii) the person is required to maintain the ignition 19 interlock device throughout the period of the limited license, to keep 20 up-to-date records in each vehicle showing that any required service 21 and calibration is current, and to produce those records immediately on 22 request; 23 (4) the person is enrolled in and is in compliance with or has 24 successfully completed the alcoholism screening, evaluation, referral, and program 25 requirements of the Department of Health and Social Services under AS 28.35.030(h); 26 (5) the person provides proof of insurance as required by AS 28.20.230 27 and 28.20.240; and 28 (6) the person has not previously been convicted of violating the 29 limitations of an ignition interlock limited license or been convicted of violating the 30 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 31 sections.

01 * Sec. 4. AS 28.22.011(a) is amended to read: 02 (a) The operator or owner of a motor vehicle subject to registration under 03 AS 28.10.011 when driven on a highway, vehicular way or area, or on other public 04 property in the state, shall be insured under a motor vehicle liability policy that 05 complies with this chapter or a certificate of self-insurance that complies with 06 AS 28.20.400 unless 07 (1) the noncommercial motor vehicle is being driven or moved in an 08 area included on the list published by the department under AS 28.10.011(b) [ON 09 A HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE 10 STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR 11 WAY TO 12 (A) THE LAND-CONNECTED STATE HIGHWAY 13 SYSTEM, OR 14 (B) A HIGHWAY OR VEHICULAR WAY WITH AN 15 AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499]; and 16 (2) the operator has not been cited within the preceding five years for a 17 traffic law violation with a demerit point value of six or more on the point schedule 18 determined under regulations adopted by the department under AS 28.15.221. 19 * Sec. 5. AS 28.35.030(t) is amended to read: 20 (t) Notwithstanding (b) or (n) of this section, the court shall waive the 21 requirement of the use of an ignition interlock device when a person operates a motor 22 vehicle in an area [A COMMUNITY] included on the list published by the 23 department under AS 28.10.011(b) [AS 28.22.011(b)]. 24 * Sec. 6. AS 28.35.032(t) is amended to read: 25 (t) Notwithstanding (g) or (p) of this section, the court shall waive the 26 requirement of the use of an ignition interlock device when a person operates a motor 27 vehicle in an area [A COMMUNITY] included on the list published by the 28 department under AS 28.10.011(b) [AS 28.22.011(b)]. 29 * Sec. 7. AS 28.22.011(b) is repealed.