This page is no longer used please use www.akleg.gov
28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 206                                                                                                         
01 Relating to motor vehicle registration and fees; relating to licensing of school bus drivers;                           
02 relating to notice of an accident involving a motor vehicle; and providing for an effective                             
03 date.                                                                                                                   
04                           _______________                                                                               
05    * Section 1. AS 28.10.108(h) is amended to read:                                                                   
06            (h)  The department shall mail or deliver notice of registration expiration to                           
07       the registered owner of record at the owner's mailing address or electronic mail                              
08       address as shown in the records of the department.  An owner of a vehicle subject to                          
09       registration who has received notice under this subsection may renew registration of                              
10       the vehicle on the department's Internet website or by returning the notice form,                             
11       together with appropriate fees, to the department by mail postmarked not [NO] later                           
12       than the fifth day of the registration renewal period shown on [UPON] the vehicle's                           
13       current registration or notice form.  Upon receipt of a timely [POSTMARKED]                                       
14       registration renewal application and the appropriate fees and taxes, the department                           
01       shall renew the registration and mail the current registration card and registration                              
02       plates or tabs to the owner at the owner's mailing address as shown in the department's                           
03       records.                                                                                                          
04    * Sec. 2. AS 28.10.421(a) is amended to read:                                                                      
05            (a)  Unless otherwise provided by law,                                                                       
06                 (1)  the fees prescribed in this section shall be paid to the department at                             
07       the times provided under AS 28.10.108 and 28.10.111; and                                                          
08                 (2)  an additional fee of $10 shall be added to the registration fee set out                            
09       in this section for registration not conducted by mail, on the department's Internet                          
10       website, or [NOT CONDUCTED] at an emissions inspection station or contract office                             
11       offering vehicle registration services; the department may waive this additional fee for                          
12       a good cause based on criteria established in regulations adopted by the department.                              
13    * Sec. 3. AS 28.15.046(b) is amended to read:                                                                      
14            (b)  The department may not issue a license under this section unless the                                    
15       applicant                                                                                                         
16                 (1)  is at least 21 years of age;                                                                       
17                 (2)  has had a license to operate a motor vehicle at least three years                                  
18       before the date of application;                                                                                   
19                 (3)  has successfully completed all required driving, written, and                                      
20       physical examinations;                                                                                            
21                 (4)  has submitted the applicant's fingerprints, the fees required by the                               
22       Department of Public Safety under AS 12.62.160 for criminal justice information and                               
23       a national criminal history record check, and other information sufficient to complete a                          
24       background check consisting of a fingerprint check of national criminal records and                               
25       state criminal records of the state or states in which the applicant has resided for the                          
26       past 10 [TWO] years; the department shall submit the fingerprints and fees to the                             
27       Department of Public Safety for a report of criminal justice information under                                    
28       AS 12.62 and a national criminal history record check under AS 12.62.400;                                         
29                 (5)  has completed a state approved school bus driver training course                                   
30       established under AS 14.07.020(a)(14) or has for the previous two years been licensed                             
31       by the state to operate a school bus.                                                                             
01    * Sec. 4. AS 28.15.046(c) is repealed and reenacted to read:                                                       
02            (c)  The department may not issue a license under this section to an applicant                               
03                 (1)  who has been convicted of any of the following offenses:                                           
04                      (A)  a violation, or an attempt, solicitation, or conspiracy to                                    
05            commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320,                                      
06            11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530;                                      
07                      (B)  a felony violation of endangering the welfare of a child in                                   
08            the first degree under AS 11.51.100;                                                                         
09                      (C)  felony indecent viewing or photography under                                                  
10            AS 11.61.123;                                                                                                
11                      (D)  distribution of child pornography under AS 11.61.125;                                         
12                      (E)  possession of child pornography under AS 11.61.127;                                           
13                      (F)  distribution of indecent material to minors under                                             
14            AS 11.61.128;                                                                                                
15                      (G)  felony prostitution under AS 11.66.100(c);                                                    
16                      (H)  sex trafficking in the first, second, or third degree under                                   
17            AS 11.66.110 - 11.66.130;                                                                                    
18                      (I)  a felony involving distribution of a controlled substance                                     
19            under AS 11.71 or imitation controlled substance under AS 11.73;                                             
20                      (J)  a felony violation under AS 28.35.030(n) or 28.35.032(p);                                     
21            or                                                                                                           
22                 (2)  who has been convicted of any of the following offenses and less                                   
23       than two years have elapsed since the applicant's date of conviction for the offense:                             
24                      (A)  assault in the fourth degree under AS 11.41.230;                                              
25                      (B)  reckless endangerment under AS 11.41.250;                                                     
26                      (C)  contributing to the delinquency of a minor under                                              
27            AS 11.51.130;                                                                                                
28                      (D)  misdemeanor prostitution under AS 11.66.100(a)(2);                                            
29                      (E)  a misdemeanor violation of endangering the welfare of a                                       
30            child in the first degree under AS 11.51.100.                                                                
31    * Sec. 5. AS 28.15.046(d) is repealed and reenacted to read:                                                       
01            (d)  The department may not issue a license under this section if, at the time of                            
02       application                                                                                                       
03                 (1)  and under circumstances other than those described in (2) of this                                  
04       subsection, less than two years have elapsed from the date of the applicant's first                               
05       conviction of either driving while under the influence of an alcoholic beverage,                                  
06       inhalant, or controlled substance under AS 28.35.030 or refusal to submit to a                                    
07       chemical test under AS 28.35.032;                                                                                 
08                  (2)  less than 10 years have elapsed from the date of the applicant's                                  
09       conviction for                                                                                                    
10                      (A)  refusal to submit to a chemical test under AS 28.35.032 if                                    
11            the offense occurred while driving a commercial motor vehicle; or                                            
12                      (B)  an offense described in AS 28.33.140(a)(1), (4), (5), or                                      
13            (10);                                                                                                        
14                 (3)  the applicant has been convicted two or more times of                                              
15       misdemeanor driving while under the influence of an alcoholic beverage, inhalant, or                              
16       controlled substance under AS 28.35.030 or misdemeanor refusal to submit to a                                     
17       chemical test under AS 28.35.032, or a combination of those offenses.                                             
18    * Sec. 6. AS 28.15.046(e) is amended to read:                                                                      
19            (e)  For purposes of determining whether an applicant has been convicted of an                               
20       offense listed under (c) or (d) of this section, a conviction under prior state law or in                         
21       another jurisdiction of an offense having elements [SUBSTANTIALLY] similar to                                     
22       those of the offenses listed in (c) or (d) of this section is considered a conviction.                            
23    * Sec. 7. AS 28.15.046 is amended by adding new subsections to read:                                               
24            (g)  Conviction of an offense described in (c) or (d) of this section is grounds                             
25       for the immediate cancellation of a license issued under this section.                                            
26            (h)  To qualify for a license, an applicant who has been convicted of an offense                             
27       described in (c)(2) or (d) of this section shall supply proof that is acceptable to the                           
28       department of the date of the applicant's conviction for the offense.                                             
29            (i)  A license issued under this section expires unless renewed within five years                            
30       after the date of its issuance.  A person may renew a license under this section within                           
31       one year before its expiration upon proper application, payment of the required fee,                              
01       and the completion of a background check under (b)(4) of this section.                                            
02            (j)  The holder of a school bus driver's license under this section shall, at the                            
03       time of renewal, report, on a form provided by the department, a conviction for an                                
04       offense listed in (c), (d), or (e) of this section.                                                               
05            (k)  Notwithstanding (c) or (d) of this section, the department may, under                                   
06       standards set by regulation, issue a license to a person who                                                      
07                 (1)  may otherwise not be issued a license under (d)(3) of this section if,                             
08       in the 10-year period immediately preceding the application under this subsection, the                            
09       person has not been convicted of a violation of driving while under the influence of an                           
10       alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or refusal to                            
11       submit to a chemical test under AS 28.35.032;                                                                     
12                 (2)  has been convicted of an offense listed under (c)(2)(A) - (D) of this                              
13       section if less than two years have elapsed since the date of conviction and the offense                          
14       was not against a child.                                                                                          
15             (l)  In this section, the date of conviction is the date that sentence is imposed                           
16       for the offense.                                                                                                  
17    * Sec. 8. AS 28.15.101(c) is amended to read:                                                                      
18            (c)  A driver's license may be renewed by mail or on the department's                                    
19       Internet website if the licensee complies with (a) of this section, except that a license                     
20       may not be renewed by mail or on the department's Internet website if                                         
21                 (1)  the most recent renewal of the applicant's license was by mail or                              
22       on the department's Internet website; or                                                                      
23                 (2)  the applicant is 69 years of age or older on the expiration date of                                
24       the driver's license being renewed.                                                                               
25    * Sec. 9. AS 28.15.161(a) is amended to read:                                                                      
26            (a)  The department shall cancel a driver's license upon determination that                                  
27                 (1)  the licensee is not medically or otherwise entitled to the issuance or                             
28       retention of the license, or has been adjudged incompetent to drive a motor vehicle;                              
29                 (2)  there is an error or defect in the license;                                                        
30                 (3)  the licensee failed to give the required or correct information in the                             
31       licensee's application;                                                                                           
01                 (4)  the license was obtained fraudulently; [OR]                                                        
02                 (5)  the licensee is restricted from purchasing alcoholic beverages under                               
03       AS 04.16.160; if a license is cancelled under this paragraph, when a new license is                               
04       issued, it must reflect that restriction and the requirements of AS 28.15.111 if the                              
05       period of restriction under AS 04.16.160 is still in effect; or                                               
06                 (6)  the licensee has a license issued under AS 28.15.046 and has                                   
07       been convicted of an offense described in AS 28.15.046(c) or (d) that would                                   
08       disqualify the licensee from obtaining a license under that section.                                          
09    * Sec. 10. AS 28.35.080(b) is amended to read:                                                                     
10            (b)  The driver of a vehicle involved in an accident resulting in bodily injury to                           
11       or death of a person or total property damage to an apparent extent of $2,000 or more                             
12       shall, within 10 days after the accident, forward a written or electronic report of the                       
13       accident to the Department of Administration and to the local police department if the                            
14       accident occurs within a municipality.  A report is not required under this subsection if                         
15       the accident is investigated by a peace officer.                                                                  
16    * Sec. 11. AS 28.35.080(c) is amended to read:                                                                     
17            (c)  The form of accident report required under (b) of this section can be                                   
18       obtained from the department's Internet website, any local police department, or the                      
19       Department of Public Safety.                                                                                      
20    * Sec. 12. AS 28.35.080(e) is amended to read:                                                                     
21            (e)  Every law enforcement officer who, in the regular course of duty,                                       
22       investigates a motor vehicle accident for which a report must be made, either at the                              
23       time of and at the scene of the accident or thereafter by interviewing the participants or                        
24       witnesses, shall, within 24 hours after completing the investigation, forward an                              
25       electronic [A WRITTEN] report of the accident to the Department of Administration.                            
26       However, the law enforcement officer may submit a written report if the law                                   
27       enforcement agency employing the officer has received an exemption from the                                   
28       Department of Public Safety because the law enforcement agency does not have                                  
29       the technological capacity to submit reports of motor vehicle accidents                                       
30       electronically.  The commissioner of public safety shall notify the Department of                             
31       Administration of the exemption and the period for which the exemption was                                    
01       granted under this subsection.                                                                                
02    * Sec. 13. AS 28.35.080 is amended by adding a new subsection to read:                                             
03            (g)  The Department of Administration shall consider accident reports under                                  
04       this section to satisfy any requirements for reporting of motor vehicle crashes in the                            
05       state.                                                                                                            
06    * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       APPLICABILITY. (a) Except as provided in (b) of this section, secs. 4 - 7 of this Act                             
09 apply to offenses committed before, on, or after the effective date of this Act.                                        
10       (b)  For a person applying for renewal of a license under AS 28.15.046, secs. 4 - 7 of                            
11 this Act do not apply to an offense for which the person was unconditionally discharged                                 
12 before July 1, 2004.                                                                                                    
13       (c)  In this section, "unconditional discharge" has the meaning given in AS 12.55.185.                            
14    * Sec. 15. This Act takes effect July 1, 2014.                                                                     
New Text Underlined     [DELETED TEXT BRACKETED]