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CSHB 82(STA) am: "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) am                                                                   
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 28.15.201(g) is amended to read:                                                                      
02 (g)  Notwithstanding (d) of this section, a court revoking a driver's license,                                          
03 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the                                      
04 department when revoking a driver's license, privilege to drive, or privilege to obtain a                               
05       license under AS 28.15.165(c), may grant limited license privileges if                                            
06                 (1)  the revocation was for a felony conviction under AS 28.35.030;                                     
07                 (2)  the person is participating in and has successfully participated for                               
08       at least six months in, or has successfully completed, a court-ordered treatment                                  
09       program under AS 28.35.028, and submits verification acceptable to the department;                                
10 (3)  the person provides proof of insurance as required by AS 28.20.230                                                 
11       and 28.20.240;                                                                                                    
12 (4)  the person is required to use an ignition interlock device during the                                              
13 period of the limited license whenever the person operates a motor vehicle in an area                               
14 [A COMMUNITY] not included in the list published by the department under                                                
15       AS 28.10.011(b) [AS 28.22.011(b)] and, when applicable,                                                       
16 (A)  the person provides proof of installation of the ignition                                                          
17            interlock device on every vehicle the person operates;                                                       
18                      (B)  the person signs an affidavit acknowledging that                                              
19 (i)  operation by the person of a vehicle that is not                                                                   
20 equipped with an ignition interlock device is subject to penalties for                                                  
21                 driving with a revoked license;                                                                         
22 (ii)  circumventing or tampering with the ignition                                                                      
23                 interlock device is a class A misdemeanor; and                                                          
24 (iii)  the person is required to maintain the ignition                                                                  
25 interlock device throughout the period of the limited license, to keep                                                  
26 up-to-date records in each vehicle showing that any required service                                                    
27 and calibration is current, and to produce those records immediately on                                                 
28                 request;                                                                                                
29 (5)  the person has not previously been granted a limited license under                                                 
30       this section and had the license revoked under (j) of this section.                                               
31                                                                                                                         
01    * Sec. 5. 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. 6. 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. 7. 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. 8. AS 28.22.011(b) is repealed.