CSHB 95(JUD): "An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date."
00CS FOR HOUSE BILL NO. 95(JUD) 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 or cancels an automobile liability insurance policy in this state shall, before the 07 seventh day of the following calendar month, provide to the Department of 08 Administration a record of the issuance or cancellation. This subsection does not 09 preclude more frequent reporting by an insurer. In this subsection, 10 (1) "automobile" does not include a commercial motor vehicle; 11 (2) "commercial motor vehicle" has the meaning given in 12 AS 19.10.399. 13 (b) The record required under (a) of this section must include the 14 (1) name, date of birth, and driver license number of each insured;
01 (2) make, year, and vehicle identification number of each insured 02 vehicle; and 03 (3) policy number, effective date, and expiration date of each insurance 04 policy. 05 (c) An insurer shall provide the information required under this section in the 06 form required by the Department of Administration. 07 (d) In addition to any other penalty provided under this title, the director may, 08 after the director has provided the insurer with the opportunity for a hearing as 09 provided under AS 21.06.170 - 21.06.230, suspend or revoke the license of an insurer 10 who fails to comply with this section. 11 * Sec. 2. AS 28.10.021(a) is amended to read: 12 (a) The owner of a vehicle subject to registration shall apply for registration 13 under this chapter by properly completing the form prescribed by the commissioner 14 under AS 28.05.041. Before the issuance of a certificate of registration by the 15 department, the owner shall 16 (1) pay all registration fees and taxes required under this chapter and 17 federal heavy vehicle use taxes required under 26 U.S.C. 4481 (Internal Revenue Code 18 of 1954); 19 (2) unless the owner qualifies as a self-insurer under AS 28.20.400, 20 [OR] is exempted from obtaining liability insurance under AS 28.22.011, or the 21 department electronically verifies the existence of a motor vehicle liability policy 22 that complies with AS 28.22.011, provide evidence [CERTIFY] to the department 23 of the existence of a motor vehicle liability policy that complies with AS 28.22.011 24 for the vehicle being registered; in this paragraph, "evidence [CERTIFY]" means a 25 copy of the owner's valid insurance policy, binder notice, or renewal notice; a 26 card issued by an insurer as evidence of insurance required by AS 28.22.011; or 27 a letter from an insurance agent or insurer verifying insurance required by this 28 chapter [TO INDICATE BY CHECK-OFF ON THE VEHICLE REGISTRATION 29 FORM PRESCRIBED BY THE DEPARTMENT THE EXISTENCE OF A POLICY 30 OF INSURANCE, IF A POLICY IS REQUIRED AT THAT TIME, AND THE 31 INTENTION TO CONTINUE THE POLICY OR OBTAIN A POLICY
01 AS REQUIRED BY THIS SUBSECTION]; and 02 (3) comply with other applicable statutes and regulations. 03 * Sec. 3. AS 28.10.021(a) is amended to read: 04 (a) The owner of a vehicle subject to registration shall apply for registration 05 under this chapter by properly completing the form prescribed by the commissioner 06 under AS 28.05.041. Before the issuance of a certificate of registration by the 07 department, the owner shall 08 (1) pay all registration fees and taxes required under this chapter and 09 federal heavy vehicle use taxes required under 26 U.S.C. 4481 (Internal Revenue Code 10 of 1954); 11 (2) unless the owner qualifies as a self-insurer under AS 28.20.400 or 12 [,] is exempted from obtaining liability insurance under AS 28.22.011, certify [OR 13 THE DEPARTMENT ELECTRONICALLY VERIFIES THE EXISTENCE OF A 14 MOTOR VEHICLE LIABILITY POLICY THAT COMPLIES WITH AS 28.22.011, 15 PROVIDE EVIDENCE] to the department [OF] the existence of a motor vehicle 16 liability policy that complies with AS 28.22.011 for the vehicle being registered; in this 17 paragraph, "certify [EVIDENCE]" means to indicate by check-off on the vehicle 18 registration form prescribed by the department the existence of a policy of 19 insurance, if a policy is required at that time, and the intention to continue the 20 policy or obtain a policy as required by this subsection [A COPY OF THE 21 OWNER'S VALID INSURANCE POLICY, BINDER NOTICE, OR RENEWAL 22 NOTICE; A CARD ISSUED BY AN INSURER AS EVIDENCE OF INSURANCE 23 REQUIRED BY AS 28.22.011; OR A LETTER FROM AN INSURANCE AGENT 24 OR INSURER VERIFYING INSURANCE REQUIRED BY THIS CHAPTER]; and 25 (3) comply with other applicable statutes and regulations. 26 * Sec. 4. AS 28.10.041(a)(11) is amended to read: 27 (11) the applicant fails to provide proof [CERTIFY] to the department 28 of the existence of a motor vehicle liability policy that complies with AS 28.22.101 29 for the vehicle being registered unless the owner of the vehicle qualifies as a self- 30 insurer under AS 28.20.400, [OR] is exempted from obtaining liability insurance under 31 AS 28.22.011, or the department electronically verifies the existence of a motor vehicle
01 policy that complies with AS 28.22.011. 02 * Sec. 5. AS 28.10.041(a)(11) is amended to read: 03 (11) the applicant fails to certify [PROVIDE PROOF] to the 04 department [OF] the existence of a motor vehicle liability policy that complies with 05 AS 28.22.101 for the vehicle being registered unless the owner of the vehicle qualifies 06 as a self-insurer under AS 28.20.400 or [,] is exempted from obtaining liability 07 insurance under AS 28.22.011 [, OR THE DEPARTMENT ELECTRONICALLY 08 VERIFIES THE EXISTENCE OF A MOTOR VEHICLE POLICY THAT COMPLIES 09 WITH AS 28.22.011]. 10 * Sec. 6. AS 28.10.421(a) is amended to read: 11 (a) Unless otherwise provided by law, 12 (1) the fees prescribed in this section shall be paid to the department at 13 the times provided under AS 28.10.108 and 28.10.111; [AND] 14 (2) an additional fee of $10 shall be added to the registration fee set out 15 in this section for registration not conducted by mail or not conducted at an emissions 16 inspection station or contract office offering vehicle registration services; the 17 department may waive this additional fee for a good cause based on criteria established 18 in regulations adopted by the department; and 19 (3) at the time a person applies for registration or renewal of 20 registration of a motor vehicle under this chapter, the applicant shall pay an 21 insured motorist identification fee of $2 for each motor vehicle being registered; 22 a motor vehicle exempt from registration under another provision of this title is 23 also exempt from the fee required under this paragraph. 24 * Sec. 7. AS 28.10.421(a) is amended to read: 25 (a) Unless otherwise provided by law, 26 (1) the fees prescribed in this section shall be paid to the department at 27 the times provided under AS 28.10.108 and 28.10.111; and 28 (2) an additional fee of $10 shall be added to the registration fee set out 29 in this section for registration not conducted by mail or not conducted at an emissions 30 inspection station or contract office offering vehicle registration services; the 31 department may waive this additional fee for a good cause based on criteria established
01 in regulations adopted by the department [; AND 02 (3) AT THE TIME A PERSON APPLIES FOR REGISTRATION OR 03 RENEWAL OF REGISTRATION OF A MOTOR VEHICLE UNDER THIS 04 CHAPTER, THE APPLICANT SHALL PAY AN INSURED MOTORIST 05 IDENTIFICATION FEE OF $2 FOR EACH MOTOR VEHICLE BEING 06 REGISTERED; A MOTOR VEHICLE EXEMPT FROM REGISTRATION UNDER 07 ANOTHER PROVISION OF THIS TITLE IS ALSO EXEMPT FROM THE FEE 08 REQUIRED UNDER THIS PARAGRAPH]. 09 * Sec. 8. AS 28.15.211(e) is amended to read: 10 (e) At the end of a period of limitation, suspension, or revocation under this 11 chapter, the department may not issue a driver's license or a duplicate driver's license 12 to the licensee until the licensee has complied with AS 28.20 relating to proof of 13 financial responsibility or the department electronically verifies the existence of 14 motor vehicle liability insurance required under AS 28.22.011. 15 * Sec. 9. AS 28.15.211(e) is amended to read: 16 (e) At the end of a period of limitation, suspension, or revocation under this 17 chapter, the department may not issue a driver's license or a duplicate driver's license 18 to the licensee until the licensee has complied with AS 28.20 relating to proof of 19 financial responsibility [OR THE DEPARTMENT ELECTRONICALLY VERIFIES 20 THE EXISTENCE OF MOTOR VEHICLE LIABILITY INSURANCE REQUIRED 21 UNDER AS 28.22.011]. 22 * Sec. 10. AS 28.15.255(a) is amended to read: 23 (a) The department may not reinstate a driver's license that has been revoked 24 or suspended under AS 28.15.221 - 28.15.261 until the person whose license has been 25 revoked or suspended provides proof of financial responsibility for the future or the 26 department electronically verifies the existence of motor vehicle liability insurance 27 required by AS 28.22.011. 28 * Sec. 11. AS 28.15.255(a) is amended to read: 29 (a) The department may not reinstate a driver's license that has been revoked 30 or suspended under AS 28.15.221 - 28.15.261 until the person whose license has been 31 revoked or suspended provides proof of financial responsibility for the future [OR THE
01 DEPARTMENT ELECTRONICALLY VERIFIES THE EXISTENCE OF MOTOR 02 VEHICLE LIABILITY INSURANCE REQUIRED BY AS 28.22.011]. 03 * Sec. 12. AS 28.20 is amended by adding a new section to read: 04 Sec. 28.20.395. Proof by electronic verification. Proof of financial 05 responsibility may be made by the department by electronic verification. 06 * Sec. 13. AS 28.22.021 is amended to read: 07 Sec. 28.22.021. Requirement of proof of motor vehicle liability insurance. 08 Except as provided under (b) of this section, the [THE] owner or operator of a 09 motor vehicle required to have motor vehicle liability insurance that complies with this 10 chapter or a certificate of self-insurance that complies with AS 28.20.400 [,] shall 11 show proof of this insurance when that person is involved in a moving violation or 12 an accident that results in bodily injury to or death of a person, or damage to the 13 property of a person exceeding $501. 14 * Sec. 14. AS 28.22.021 is amended to read: 15 Sec. 28.22.021. Requirement of proof of motor vehicle liability insurance. 16 The [EXCEPT AS PROVIDED UNDER (b) OF THIS SECTION, THE] owner or 17 operator of a motor vehicle required to have motor vehicle liability insurance that 18 complies with this chapter or a certificate of self-insurance that complies with 19 AS 28.20.400, shall show proof of this insurance when that person is involved in an 20 accident that results in bodily injury to or death of a person, or damage to the property 21 of a person exceeding $501. 22 * Sec. 15. AS 28.22.021 is amended by adding a new subsection to read: 23 (b) A peace officer who responds to an accident or stops a motor vehicle for 24 a moving violation may electronically verify that the person who is an owner or 25 operator of the motor vehicle involved in the accident or moving violation is insured 26 as required by this chapter. If the peace officer electronically verifies that the person 27 is insured as required by this chapter or the person displays a certificate of self- 28 insurance that complies with AS 28.20.400, the person is not required to show proof of 29 insurance as required under (a) of this section. It is an affirmative defense to a citation or 30 charge for a violation of this section that the person being cited or charged was insured as 31 required by this chapter at the time the person was cited or charged.
01 * Sec. 16. AS 28.35 is amended by adding new sections to read: 02 Article 7. Insured Motorist Identification Program. 03 Sec. 28.35.300. Insured motorist identification program. (a) There is 04 created in the department the insured motorist identification program. The program 05 is created for the purpose of verifying compliance with the mandatory motor vehicle 06 insurance provisions of AS 28.22. The department shall, subject to appropriation, 07 contract with a third-party agent to establish an insured motorist data base and to track 08 compliance with the mandatory insurance provisions of AS 28.22. The contract 09 required under this subsection must include a provision requiring the third-party agent 10 to pay for an audit of the program established under this section if requested by the 11 department. 12 (b) The data base required under (a) of this section must be developed and 13 maintained as required by the department and must be designed to allow efficient 14 access by state and municipal law enforcement agencies. The third-party agent 15 selected by the department shall, at least monthly, 16 (1) update the data base; and 17 (2) compare all current motor vehicle registrations against the data 18 base. 19 Sec. 28.35.310. Notice of noncompliance. If the department determines that 20 a motor vehicle is not insured as required by AS 28.22 for a period of two consecutive 21 months, the department may require the third-party agent to provide notice to the 22 owner of the motor vehicle that, within 21 days, the owner must provide proof of 23 insurance as required under AS 28.22 or proof of exemption from the requirements of 24 AS 28.22. If the owner fails to provide proof as required under this section, the 25 department may require the third-party agent to provide further notices of 26 noncompliance. 27 Sec. 28.35.320. Nondisclosure of data base information. Information in a 28 data base established under AS 28.35.300 may not be disclosed by the third-party 29 agent or the department except as permitted under AS 28.10.505. Each name disclosed 30 in violation of this section is a separate offense. 31 * Sec. 17. AS 21.89.022; AS 28.20.395; AS 28.22.021(b); AS 28.35.300, 28.35.310, and
01 28.35.320 are repealed. 02 * Sec. 18. Sections 3, 5, 7, 9, 11, 14, and 17 of this Act take effect July 1, 2002. 03 * Sec. 19. Sections 1, 2, 4, 6, 8, 10, 12, 13, 15, and 16 of this Act take effect July 1, 1997.