00                      CS FOR HOUSE BILL NO. 347(STA)                                                                    
01 "An Act relating to mandatory motor vehicle insurance, license suspensions, mandatory                                   
02 impoundments of vehicles used in certain offenses, and notices relating to motor vehicles                               
03 and driver's licenses."                                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 28.05.071 is amended by adding a new subsection to read:                                           
06            (b)  A person convicted of a violation of (a) of this section is guilty of an                                
07       infraction punishable by a fine not to exceed $300.                                                               
08    * Sec. 2. AS 28.15.291 is amended by adding a new subsection to read:                                              
09            (d)  It is an affirmative defense to a prosecution under (a) of this section that                            
10       the person's license was suspended under AS 28.22.041 and the person provides proof                               
11       of liability insurance meeting the requirements of AS 28.22 and proof that the                                    
12       insurance was in effect at the time of the accident that led to the suspension.                                   
13    * Sec. 3. AS 28.22.041(f) is amended to read:                                                                      
14            (f)  The department shall notify the licensee that the suspension becomes                                    

01       effective 30 days from the date of the notice and that the licensee has the right, within                         
02       the 30-day period, to make an oral or written answer controverting any point or issue,                            
03       or to present evidence and arguments for the consideration of the department.                                     
04       Notwithstanding AS 28.05.121, the department shall provide this notice to the                                 
05       address that appears to be the most recently provided from among the following:                               
06                 (1)  the address the department has for the person;                                                 
07                 (2)  the address shown on the report of the accident.                                               
08    * Sec. 4. AS 28.40 is amended by adding a new section to read:                                                     
09            Sec. 28.40.080. Impoundment of motor vehicle when arrested for certain                                     
10       offenses. On the arrest of a person for a violation of AS 28.15.291; AS 28.33.030,                              
11       28.33.031; AS 28.35.030 or 28.35.032, the motor vehicle used in the commission of                                 
12       the offense shall be impounded. The cost of towing and storage of the vehicle is a lien                           
13       on the vehicle. If another person claims an ownership or security interest in the motor                           
14       vehicle and establishes that the interest predated the offense and was acquired by the                            
15       other person in good faith, the vehicle may be released to that other person if the                               
16       person pays the accrued cost of towing and storage of the vehicle.