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CSHB 179(FIN) AM: "An Act relating to motor vehicles and mobile homes; and providing for an effective date."

00CS FOR HOUSE BILL NO. 179(FIN) am 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 as an electronic service or 14 product under AS 09.25.115. The commissioner may prescribe, by regulation, fees

01 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 AS 28.10.181(d) is repealed and reenacted to read: 10  (d) Vehicles owned by disabled veterans, including persons disabled in the line 11 of duty while serving in the Alaska Territorial Guard, or other persons with disabilities. 12 Upon the request of a person with a disability that limits or impairs the ability to walk, 13 as defined in 23 C.F.R. 1235.2, the department shall (1) register one passenger vehicle 14 in the name of the person without charge; and (2) issue a specially designed 15 registration plate that displays (A) recognition of the disabled veteran if the applicant's 16 disability originated from the applicant's service with the Alaska Territorial Guard or 17 the armed forces of the United States; and (B) the standard symbol of disability (the 18 wheelchair logo). A disabled veteran who is not otherwise qualified under this 19 subsection, but who presents to the department written proof that the person is at least 20 70 percent disabled or medically handicapped as a consequence of service in the 21 Alaska Territorial Guard or the armed forces of the Unites States, may register one 22 passenger vehicle without charge and the department shall issue a specially designed 23 registration plate that displays recognition of the disabled veteran that does not display 24 the standard handicap symbol and does not carry with it special parking privileges. 25 * Sec. 4. AS 28.10.181(j) is amended to read: 26  (j) Vehicles owned by dealers. A state-registered and bonded vehicle dealer 27 may apply for dealer registration plates. A plate issued under this subsection may be 28 used only on dealer-owned vehicles during the routine and normal course of the 29 dealer's business, excluding service vehicles, or for transporting an unregistered vehicle 30 from a port of entry to the dealer's facilities or from one dealer to another or, in the 31 case of a house trailer, from the retail facility to a trailer space. A vehicle permitted

01 to have dealer plates must be affixed with two plates issued under this subsection. 02 If the dealer sells or transfers the vehicle, the dealer plates may be used on the vehicle 03 by the new owner or transferee for a period of not more than five days after the sale 04 or transfer. The department may seize the dealer plates if it has reason to believe that 05 the plates are being used to defeat the purposes of, or are in violation of, this chapter. 06 * Sec. 5. AS 28.10.201(b) is amended to read: 07  (b) The owner of a vehicle described in AS 28.10.011 as being exempt from 08 registration and the owner of a snowmobile or off-highway vehicle may not apply for, 09 nor may the department issue, a certificate of title for such a vehicle. However, the 10 department may issue a certificate of title to the owner of a vehicle exempt from 11 registration under AS 28.10.011(3), (6), (7), or (11) [, OR (12)] only upon application 12 by that owner. 13 * Sec. 6. AS 28.10.411(f) is amended to read: 14  (f) A resident 65 years of age or older on January 1 of the year the vehicle is 15 registered is entitled to an exemption once each calendar year from the registration 16 fee required under this section for one motor vehicle subject to registration under 17 AS 28.10.421(b)(1), (2), (5), or (6). An exemption may not be granted except upon 18 written application for the exemption on a form prescribed by the department. 19 * Sec. 7. AS 28.10.421(a) is amended to read: 20  (a) Unless otherwise provided by law, 21  (1) the fees prescribed in this section shall be paid to the department 22 at the times provided under AS 28.10.108 and 28.10.111; and. 23  (2) an additional fee of $10 shall be added to the registration fee 24 set out in this section for registration not conducted by mail; the department may 25 waive this additional fee for a good cause based on criteria established in 26 regulations adopted by the department. 27 * Sec. 8. AS 28.10.421(c) is amended to read: 28  (c) The annual registration fees under this subsection are imposed and are 29 based upon the actual unladen weight as established by the manufacturer's advertised 30 weight or upon the actual weight which the owner shall furnish, subject to the approval 31 of the commissioner or the commissioner's representative, for a vehicle, including a

01 motor vehicle pulling a trailer or semi-trailer, that is registered in the name of a 02 company or business, or is used or maintained for the transportation of passengers 03 for hire, excepting taxicabs and buses under (b) of this section, or for the transportation 04 of property for hire or for other commercial purposes [USE], including [A 05 COMMERCIAL VEHICLE SUCH AS] a trailer, semi-trailer, truck, wrecker, tow car, 06 hearse, ambulance, and tractor, as follows: 07  (1) up to and including 5,000 pounds. . . . . . . . . . . . . . . . . $51; 08  (2) more than 5,000 pounds to and including 12,000 pounds . . . . . . $86; 09  (3) more than 12,000 pounds to and including 18,000 pounds. . . . . .$156; 10  (4) more than 18,000 pounds . . . . . . . . . . . . . . . . . . . . .$221. 11 * Sec. 9. AS 28.10.431(b) is amended to read: 12  (b) The tax is levied upon motor vehicles subject to the license fee [TAX] 13 under AS 28.10.411 and 28.10.421 [, NOT INCLUDING MOBILE HOMES,] and is 14 based upon the age of vehicles as determined by model year according to the following 15 schedule: 16 Tax According to Age of Vehicle Since Model Year 17 1st 2nd 3rd 4th 5th 6th 7th 8th 18 or over 19 Motor Vehicle 20 (1) motorcycle $ 9 $ 8 $ 7 $ 6 21 [$ 8] [$ 7] [$ 6] [$ 5] $ 4 $ 3 $ 2 $ 2 22 (2) vehicles speci- 66 55 44 33 22 17 11 8 23 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 24 421(b)(1) 25 (3) vehicles speci- 66 55 44 33 22 17 11 8 26 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 27 421(b)(3) 28 (4) vehicles speci- 29 fied in AS 28.10.- 30 421(c)(1) - (4) 31 5,000 pounds or 66 55 44 33 22 17 11 8

01 less [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 02 5,001 - 12,000 110 88 66 55 44 33 22 11 03 pounds [100] [ 80] [ 60] [ 50] [ 40] [ 30] [ 20] [ 10] 04 12,001 - 18,000 165 132 110 88 66 44 33 22 05 pounds [150] [120] [100] [ 80] [ 60] [ 40] [ 30] [ 20] 06 18,001 pounds 220 176 143 110 88 66 44 22 07 or over [200] [160] [130] [100] [ 80] [ 60] [ 40] [ 20] 08 (5) vehicles speci- 110 88 66 55 44 33 22 11 09 fied in AS 28.10.- [100] [ 80] [ 60] [ 50] [ 40] [ 30] [ 20] [ 10] 10 421(b)(4) 11 (6) vehicles speci- 9 8 7 6 12 fied in AS 28.10.- [ 8] [ 7] [ 6] [ 5] 4 3 2 2 13 421(b)(6) 14 (7) vehicles speci- 66 55 44 33 22 17 11 8 15 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [ 15] [ 10] [ 5] 16 421(d)(9) 17 (8) vehicles speci- 66 55 44 33 22 17 11 8 18 fied in AS 28.10.- [ 60] [ 50] [ 40] [ 30] [ 20] [15] [ 10] [ 5] 19 421(b)(2) 20 (9) vehicles eligible 44 21 for dealer plates [ 40] 22 under AS 28.10.- 23 421(d)(10). 24 * Sec. 10. AS 28.10.431(e) is amended to read: 25  (e) The department shall refund money collected under this section, less eight 26 [FIVE] percent as collection costs, to a municipality for which the money was 27 collected, as determined by (1) the address of residence of an individual required to 28 pay the tax, or (2) the situs of the vehicle if the vehicle is not owned by an individual; 29 the tax situs is the location at which the motor vehicle is usually, normally, or 30 regularly kept or used. For the first year in which the tax is levied within a 31 municipality, the department may retain actual costs of collection of the tax within the

01 municipality as determined by the department. 02 * Sec. 11. AS 28.10.495(c) is amended to read: 03  (c) Proof of disablement or medical handicap, for the purpose of this section, 04 shall be the same as that required for the purposes of AS 28.10.181(d)(2) 05 [PROVIDED AS SPECIFIED IN AS 28.10.181(d)]. 06 * Sec. 12. AS 28.40.100(a)(21) is amended to read: 07  (21) "vehicle" means a device in, upon, or by which a person or 08 property may be transported or drawn upon or immediately over a highway or 09 vehicular way or area; "vehicle" does not include 10  (A) [EXCEPT] devices used exclusively upon stationary rails 11 or tracks; 12  (B) mobile homes; 13 * Sec. 13. AS 28.10.011(12), 28.10.181(k), 28.10.421(d)(12), and AS 28.22.011(a)(3) are 14 repealed. 15 * Sec. 14. Sections 1 - 8 and 11 - 13 of this Act take effect July 1, 1993. 16 * Sec. 15. Sections 9 and 10 of this Act take effect January 1, 1994.