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CSHB 179(L&C): "An Act relating to motor vehicles and mobile homes: and providing for an effective date."

00CS FOR HOUSE BILL NO. 179(L&C) 01 "An Act relating to motor vehicles and mobile homes: and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.10.071(a) is amended to read: 05  (a) The department shall review each application for registration received and, 06 when satisfied that it is correct, register the vehicle and keep a record of the 07 registration in suitable books, index cards, or electronic or photographic recording and 08 storage media, or in any combination of them. The [RECORD IS REFERRED TO AS 09 THE "VEHICLE REGISTER" AND THE] vehicles are referred to as "registered 10 vehicles." The department may compile a record of the number and types of vehicles 11 registered in this state and may make statistical data available to the public for a fee 12 as prescribed in regulations adopted by the commissioner. The department may also 13 provide vehicle registration lists to the public for a fee, but only as an electronic 14 service or product under AS 09.25.115. The commissioner may prescribe, by

01 regulation, fees relating to the provision of vehicle registration lists. 02 * Sec. 2. AS 28.10.071(c) is amended to read: 03  (c) The department shall keep a record of the registrations of vehicles used in 04 law enforcement work when secrecy is necessary. This record is separate from the 05 record [VEHICLE REGISTER] required by (a) of this section and may be disclosed 06 only to and upon the request of the chief peace officer of a municipality, a state 07 trooper district commander, the chief federal law enforcement officer assigned to the 08 state, or to a court upon an appropriate order. 09 * Sec. 3. AS 28.10.181(c) is amended to read: 10  (c) Special request plates. Upon application by the owner of a passenger 11 vehicle, motorcycle, noncommercial van or pick-up truck, or motor home, the 12 department shall design and issue registration plates containing a series of not more 13 than six letters or numbers or combination of letters and numbers as requested by the 14 owner. The department may, in its discretion, disapprove the issuance of registration 15 plates under this subsection when the requested symbols are a duplication of an 16 existing registration or when the symbols are considered unacceptable by the 17 department. The department may also design and issue special registration plates 18 depicting Alaska plant life, fish, wildlife, geography, history, or other depictions 19 of the state. 20 * Sec. 4. AS 28.10.181(d) is repealed and reenacted to read: 21  (d) Vehicles owned by disabled veterans, including persons disabled in the line 22 of duty while serving in the Alaska Territorial Guard, or other persons with disabilities. 23 Upon the request of a person with a disability that limits or impairs the ability to walk, 24 as defined in 23 C.F.R. 1235.2, the department shall 25  (1) register one passenger vehicle in the name of the person without 26 charge; and 27  (2) issue a specially designed registration plate that displays 28  (A) recognition of the disabled veteran if the applicant's 29 disability originated from the applicant's service with the Alaska Territorial 30 Guard or the armed forces of the United States; or 31  (B) the standard symbol of disability (the wheelchair logo).

01 * Sec. 5. AS 28.10.181(j) is amended to read: 02  (j) Vehicles owned by dealers. A state-registered and bonded vehicle dealer 03 may apply for dealer registration plates. A plate issued under this subsection may be 04 used only on dealer-owned vehicles during the routine and normal course of the 05 dealer's business, excluding service vehicles, or for transporting an unregistered vehicle 06 from a port of entry to the dealer's facilities or from one dealer to another or, in the 07 case of a house trailer, from the retail facility to a trailer space. A vehicle permitted 08 to have dealer plates must be affixed with two plates issued under this subsection. 09 If the dealer sells or transfers the vehicle, the dealer plates may be used on the vehicle 10 by the new owner or transferee for a period of not more than five days after the sale 11 or transfer. The department may seize the dealer plates if it has reason to believe that 12 the plates are being used to defeat the purposes of, or are in violation of, this chapter. 13 * Sec. 6. AS 28.10.201(b) is amended to read: 14  (b) The owner of a vehicle described in AS 28.10.011 as being exempt from 15 registration and the owner of a snowmobile or off-highway vehicle may not apply for, 16 nor may the department issue, a certificate of title for such a vehicle. However, the 17 department may issue a certificate of title to the owner of a vehicle exempt from 18 registration under AS 28.10.011(3), (6), (7), or (11) [, OR (12)] only upon application 19 by that owner. 20 * Sec. 7. AS 28.10.411(f) is amended to read: 21  (f) A resident 65 years of age or older on January 1 of the year the vehicle is 22 registered is entitled to an exemption once each calendar year from the registration 23 fee required under this section for one motor vehicle subject to registration under 24 AS 28.10.421(b)(1), (2), (5), or (6). An exemption may not be granted except upon 25 written application for the exemption on a form prescribed by the department. 26 * Sec. 8. AS 28.10.421(a) is amended to read: 27  (a) Unless otherwise provided by law, 28  (1) the fees prescribed in this section shall be paid to the department 29 at the times provided under AS 28.10.108 and 28.10.111; and. 30  (2) an additional fee of $10 shall be added to the registration fee 31 set out in this section for registration not conducted by mail; the department may

01 waive this additional fee for a good cause based on criteria established in 02 regulations adopted by the department. 03 * Sec. 9. AS 28.10.421(c) is amended to read: 04  (c) The annual registration fees under this subsection are imposed and are 05 based upon the actual unladen weight as established by the manufacturer's advertised 06 weight or upon the actual weight which the owner shall furnish, subject to the approval 07 of the commissioner or the commissioner's representative, for a vehicle, including a 08 motor vehicle pulling a trailer or semi-trailer, that is registered in the name of a 09 company or business, or is used or maintained for the transportation of passengers 10 for hire, excepting taxicabs and buses under (b) of this section, or for the transportation 11 of property for hire or for other commercial purposes [USE], including [A 12 COMMERCIAL VEHICLE SUCH AS] a trailer, semi-trailer, truck, wrecker, tow car, 13 hearse, ambulance, and tractor, as follows: 14  (1) up to and including 5,000 pounds. . . . . . . . . . . . . . . . . $51; 15  (2) more than 5,000 pounds to and including 12,000 pounds . . . . . . $86; 16  (3) more than 12,000 pounds to and including 18,000 pounds. . . . . .$156; 17  (4) more than 18,000 pounds . . . . . . . . . . . . . . . . . . . . .$221. 18 * Sec. 10. AS 28.10.431(b) is amended to read: 19  (b) The tax is levied upon motor vehicles subject to the license tax under 20 AS 28.10.411 and 28.10.421 [, NOT INCLUDING MOBILE HOMES,] and is based 21 upon the age of vehicles as determined by model year according to the following 22 schedule: 23 Tax According to Age of Vehicle Since Model Year 24 1st 2nd 3rd 4th 5th 6th 7th 8th 25 or over 26 Motor Vehicle 27 (1) motorcycle $ 11 $ 9 $ 8 $ 7 $ 5 $ 4 $ 3 $ 3 28 [$ 8] [$ 7] [$ 6] [$ 5] [$ 4] [$ 3] [$ 2] [$ 2] 29 (2) vehicles speci- 81 68 54 41 27 20 14 7 30 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 31 421(b)(1)

01 (3) vehicles speci- 81 68 54 41 27 20 14 7 02 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 03 421(b)(3) 04 (4) vehicles speci- 05 fied in AS 28.10.- 06 421(c)(1) - (4) 07 5,000 pounds or 81 68 54 41 27 20 14 7 08 less [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 09 5,001 - 12,000 135 108 81 68 54 41 27 14 10 pounds [100] [ 80] [ 60] [ 50] [ 40] [ 30] [ 20] [ 10] 11 12,001 - 18,000 203 162 135 108 81 54 41 27 12 pounds [150] [120] [100] [ 80] [ 60] [ 40] [ 30] [ 20] 13 18,001 pounds 270 216 176 135 108 81 54 27 14 or over [200] [160] [130] [100] [ 80] [ 60] [ 40] [ 20] 15 (5) vehicles speci- 135 108 81 68 54 41 27 14 16 fied in AS 28.10.- [100] [ 80] [ 60] [ 50] [ 40] [ 30] [ 20] [ 10] 17 421(b)(4) 18 (6) vehicles speci- 11 9 8 7 5 4 3 3 19 fied in AS 28.10.- [ 8] [ 7] [ 6] [ 5] [ 4] [ 3] [ 2] [ 2] 20 421(b)(6) 21 (7) vehicles speci- 81 68 54 41 27 20 14 7 22 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 23 421(d)(9) 24 (8) vehicles speci- 81 68 54 41 27 20 14 7 25 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [15] [ 10] [ 5] 26 421(b)(2) 27 (9) vehicles eligible 54 28 for dealer plates [ 40] 29 under AS 28.10.- 30 421(d)(10). 31 * Sec. 11. AS 28.10.431(b) is repealed and reenacted to read:

01  (b) The tax is levied upon motor vehicles subject to the license tax under 02 AS 28.10.411 and 28.10.421 and is based upon the age of vehicles as determined by 03 model year according to the following schedule: 04 Tax According to Age of Vehicle Since Model Year 05 1st 2nd 3rd 4th 5th 6th 7th 8th 06 or over 07 Motor Vehicle 08 (1) motorcycle $ 14 $ 12 $ 10 $ 9 $ 7 $ 5 $ 3 $ 3 09 (2) vehicles specified in 102 85 68 51 34 26 17 9 10 AS 28.10.421(b)(1) 11 (3) vehicles specified in 102 85 68 51 34 26 17 9 12 AS 28.10.421(b)(3) 13 (4) vehicles specified in 14 AS 28.10.421(c)(1) - (4) 15 5,000 pounds or less 102 85 68 51 34 26 17 9 16 5,001 - 12,000 pounds 170 136 102 85 68 51 34 17 17 12,001 - 18,000 pounds 255 204 170 136 102 68 51 34 18 18,001 pounds or over 340 272 221 170 136 102 68 51 19 (5) vehicles specified in 170 136 102 85 68 51 34 17 20 AS 28.10.421(b)(4) 21 (6) vehicles specified in 14 12 10 9 7 5 3 3 22 AS 28.10.421(b)(6) 23 (7) vehicles specified in 102 85 68 51 34 26 17 9 24 AS 28.10.421(d)(9) 25 (8) vehicles specified in 102 85 68 51 34 26 17 9 26 AS 28.10.421(b)(2) 27 (9) vehicles eligible for 68 28 dealer plates under 29 AS 28.10.421(d)(10). 30 * Sec. 12. AS 28.10.431(e) is amended to read: 31  (e) The department shall refund money collected under this section, less eight

01 [FIVE] percent as collection costs, to a municipality for which the money was 02 collected, as determined by (1) the address of residence of an individual required to 03 pay the tax, or (2) the situs of the vehicle if the vehicle is not owned by an individual; 04 the tax situs is the location at which the motor vehicle is usually, normally, or 05 regularly kept or used. For the first year in which the tax is levied within a 06 municipality, the department may retain actual costs of collection of the tax within the 07 municipality as determined by the department. 08 * Sec. 13. AS 28.10.431 is amended by adding a new subsection to read: 09  (j) The Department of Labor shall adjust the schedule under (b) of this section 10 every three years to reflect changes in the transportation new vehicle segment of the 11 Consumer Price Index for all urban consumers for all items compiled by the Bureau 12 of Labor Statistics, United States Department of Labor for the second half of the 13 preceding calendar year. The semiannual index for the second half of 1994 is the 14 reference base index. The Department of Labor shall round each scheduled amount 15 adjusted under this subsection to the nearest dollar. The Department of Community 16 and Regional Affairs shall provide the revised schedule to each municipality in the 17 state that imposes a tax under this section and to the Department of Public Safety, and 18 shall make the schedule available to the public by February 28th of each year in which 19 the schedule is revised. A tax imposed under an adjusted schedule takes effect on 20 July 1 of the year in which the schedule is adjusted. 21 * Sec. 14. AS 28.10.495(c) is amended to read: 22  (c) Proof of disablement or medical handicap, for the purpose of this section, 23 shall be the same as that required for the purposes of [PROVIDED AS SPECIFIED 24 IN] AS 28.10.181(d). 25 * Sec. 15. AS 28.40.100(a)(21) is amended to read: 26  (21) "vehicle" means a device in, upon, or by which a person or 27 property may be transported or drawn upon or immediately over a highway or 28 vehicular way or area; "vehicle" does not include 29  (A) [EXCEPT] devices used exclusively upon stationary rails 30 or tracks; 31  (B) mobile homes;

01 * Sec. 16. AS 28.10.011(12), 28.10.181(k), 28.10.421(d)(12), and AS 28.22.011(a)(3) are 02 repealed. 03 * Sec. 17. Sections 1 - 9 and 14 - 16 this Act take effect July 1, 1993. 04 * Sec. 18. Sections 10 and 12 of this Act take effect January 1, 1994. 05 * Sec. 19. Section 11 of this Act takes effect January 1, 1995. 06 * Sec. 20. Section 13 of this Act takes effect January 1, 1998.