CSHB 95(TRA): "An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date."

00CS FOR HOUSE BILL NO. 95(TRA) 01 "An Act relating to motor vehicle registration, licensing, and insurance; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 21.89 is amended by adding a new section to read: 05  Sec. 21.89.022. Reporting of motor vehicle insurance. (a) An insurer that 06 issues an automobile liability insurance policy in this state shall, within 15 days after 07 the date a policy is issued or cancelled, provide to the Department of Public Safety a 08 record of the issuance or cancellation. This subsection does not preclude more 09 frequent reporting by an insurer. 10  (b) The record required under (a) of this section must include the 11  (1) name, date of birth, and driver license number of each insured; 12  (2) make, year, and vehicle identification number of each insured 13 vehicle; and 14  (3) policy number, effective date, and expiration date of each insurance

01 policy. 02  (c) An insurer shall provide the information required under this section in the 03 form required by the Department of Public Safety. 04  (d) In addition to any other penalty provided under this title, the director may, 05 after the director has provided the insurer with the opportunity for a hearing as 06 provided under AS 21.06.170 - 21.06.230, suspend or revoke the license of an insurer 07 who fails to comply with this section. 08 * Sec. 2. AS 28.10.021(a) is amended to read: 09  (a) The owner of a vehicle subject to registration shall apply for registration 10 under this chapter by properly completing the form prescribed by the commissioner 11 under AS 28.05.041. Before the issuance of a certificate of registration by the 12 department, the owner shall 13  (1) pay all registration fees and taxes required under this chapter and 14 federal heavy vehicle use taxes required under 26 U.S.C. 4481 (Internal Revenue Code 15 of 1954); 16  (2) unless the owner qualifies as a self-insurer under AS 28.20.400, 17 [OR] is exempted from obtaining liability insurance under AS 28.22.011, or the 18 department electronically verifies the existence of a motor vehicle liability policy 19 that complies with AS 28.22.011, provide evidence [CERTIFY] to the department 20 of the existence of a motor vehicle liability policy that complies with AS 28.22.011 21 for the vehicle being registered; in this paragraph, "evidence [CERTIFY]" means a 22 copy of the owner's valid insurance policy, binder notice, or renewal notice; a 23 card issued by an insurer as evidence of insurance required by AS 28.22.011; or 24 a letter from an insurance agent or insurer verifying insurance required by this 25 chapter [TO INDICATE BY CHECK-OFF ON THE VEHICLE REGISTRATION 26 FORM PRESCRIBED BY THE DEPARTMENT THE EXISTENCE OF A POLICY 27 OF INSURANCE, IF A POLICY IS REQUIRED AT THAT TIME, AND THE 28 INTENTION TO CONTINUE THE POLICY OR OBTAIN A POLICY 29 AS REQUIRED BY THIS SUBSECTION]; and 30  (3) comply with other applicable statutes and regulations. 31 * Sec. 3. AS 28.10.041(a)(11) is amended to read:

01  (11) the applicant fails to provide proof [CERTIFY] to the department 02 of the existence of a motor vehicle liability policy that complies with AS 28.22.101 03 for the vehicle being registered unless the owner of the vehicle qualifies as a self- 04 insurer under AS 28.20.400, [OR] is exempted from obtaining liability insurance under 05 AS 28.22.011, or the department electronically verifies the existence of a motor vehicle 06 policy that complies with AS 28.22.011. 07 * Sec. 4. AS 28.10.421(a) is amended to read: 08 (a) Unless otherwise provided by law, 09  (1) the fees prescribed in this section shall be paid to the department at 10 the times provided under AS 28.10.108 and 28.10.111; [AND] 11  (2) an additional fee of $10 shall be added to the registration fee set out 12 in this section for registration not conducted by mail or not conducted at an emissions 13 inspection station or contract office offering vehicle registration services; the 14 department may waive this additional fee for a good cause based on criteria established 15 in regulations adopted by the department; and 16  (3) at the time a person applies for registration or renewal of 17 registration of a motor vehicle under this chapter, the applicant shall pay an 18 insured motorist identification fee of $1 for each motor vehicle being registered; 19 a motor vehicle exempt from registration under another provision of this title is 20 also exempt from the fee required under this paragraph. 21 * Sec. 5. AS 28.15.211(e) is amended to read: 22  (e) At the end of a period of limitation, suspension, or revocation under this 23 chapter, the department may not issue a driver's license or a duplicate driver's license 24 to the licensee until the licensee has complied with AS 28.20 relating to proof of 25 financial responsibility or the department electronically verifies the existence of 26 motor vehicle liability insurance required under AS 28.22.011. 27 * Sec. 6. AS 28.15.255(a) is amended to read: 28  (a) The department may not reinstate a driver's license that has been revoked 29 or suspended under AS 28.15.221 - 28.15.261 until the person whose license has been 30 revoked or suspended provides proof of financial responsibility for the future or the 31 department electronically verifies the existence of motor vehicle liability insurance

01 required by AS 28.22.011. 02 * Sec. 7. AS 28.20 is amended by adding a new section to read: 03  Sec. 28.20.395. Proof by electronic verification. Proof of financial 04 responsibility may be made by the department by electronic verification. 05 * Sec. 8. AS 28.22.021 is amended to read: 06  Sec. 28.22.021. Requirement of proof of motor vehicle liability insurance. 07 Except as provided under (b) of this section, the [THE] owner or operator of a 08 motor vehicle required to have motor vehicle liability insurance that complies with this 09 chapter or a certificate of self-insurance that complies with AS 28.20.400 [,] shall 10 show proof of this insurance when that person is involved in an accident that results 11 in bodily injury to or death of a person, or damage to the property of a person 12 exceeding $501. 13 * Sec. 9. AS 28.22.021 is amended by adding a new subsection to read: 14  (b) A peace officer who responds to an accident that results in bodily injury, 15 death, or property damage that exceeds $501 may electronically verify that the person 16 who is an owner or operator of a motor vehicle involved in the accident is insured as 17 required by this chapter. If the peace officer electronically verifies that the person is 18 insured as required by this chapter or the person displays a certificate of self-insurance 19 that complies with AS 28.20.400, the person is not required to show proof of insurance 20 as required under (a) of this section. It is an affirmative defense to a citation or charge 21 for a violation of this section that the person being cited or charged was insured as 22 required by this chapter at the time the person was cited or charged. 23 * Sec. 10. AS 28.35 is amended by adding new sections to read: 24 Article 7. Insured Motorist Identification Program. 25  Sec. 28.35.300. Insured motorist identification program. (a) There is 26 created in the department the insured motorist identification program. The program 27 is created for the purpose of verifying compliance with the mandatory motor vehicle 28 insurance provisions of AS 28.22. The department shall, subject to appropriation, 29 contract with a third-party agent to establish an insured motorist data base and to track 30 compliance with the mandatory insurance provisions of AS 28.22. 31  (b) The data base required under (a) of this section must be developed and

01 maintained as required by the department and must be designed to allow efficient 02 access by state and municipal law enforcement agencies. The third-party agent 03 selected by the department shall, at least monthly, 04  (1) update the data base; and 05  (2) compare all current motor vehicle registrations against the data 06 base. 07  Sec. 28.35.310. Notice of noncompliance. If the department determines that 08 a motor vehicle is not insured as required by AS 28.22 for a period of three 09 consecutive months, the department may require the third-party agent to provide notice 10 to the owner of the motor vehicle that, within 45 days, the owner must provide proof 11 of insurance as required under AS 28.22 or proof of exemption from the requirements 12 of AS 28.22. If the owner fails to provide proof as required under this section, the 13 department may require the third-party agent to provide further notices of 14 noncompliance. 15  Sec. 28.35.320. Nondisclosure of data base information. Information in a 16 data base established under AS 28.35.300 may not be disclosed by the third-party 17 agent or the department except as permitted under AS 28.10.505. 18 * Sec. 11. This Act takes effect July 1, 1997.