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CSHB 210(TRA) Detail
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CSHB 210(TRA): "An Act relating to issuance of motor vehicle registrations and titles, and to licenses and permits to operate a motor vehicle."

00CS FOR HOUSE BILL NO. 210(TRA) 01 "An Act relating to issuance of motor vehicle registrations and titles, and to 02 licenses and permits to operate a motor vehicle." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28 is amended by adding a new chapter to read: 05 CHAPTER 12. THIRD-PARTY REGISTRATION, TITLING, AND TESTING. 06 Sec. 28.12.010. THIRD-PARTY REGISTRATION, TITLING, AND 07 TESTING. (a) The department may establish a program that authorizes 08 (1) third-party agents to 09 (A) process applications for registration of motor vehicles and 10 issue registration certificates and plates as required under AS 28.10; 11 (B) process applications for certificates of titles and issue 12 certificates of title as required under AS 28.10.201 - 28.10.261; and 13 (C) administer driver's license examinations as required under 14 AS 28.15.081 and issue licenses or permits as provided under AS 28.15;

01 (2) third-party registrars to 02 (A) process applications for registration of motor vehicles and 03 issue registration certificates and plates as required under AS 28.10; and 04 (B) process applications for certificates of titles and issue 05 certificates of title as required under AS 28.10.201 - 28.10.261; 06 (3) third-party examiners to administer driver's license examinations as 07 required under AS 28.15.081 and issue licenses or permits as provided under 08 AS 28.15. 09 (b) The department may utilize third-party agents, registrars, and examiners 10 to perform the functions described under (a) of this section. A third-party agent, 11 registrar, or examiner must be an individual. An individual may not be or act as a 12 third-party agent, registrar, or examiner unless the individual satisfies the requirements 13 of this chapter and other applicable law and enters into a contract with the department 14 as set out in AS 28.12.120 that specifies the duties of the third-party agent, registrar, 15 or examiner. 16 Sec. 28.12.020. CERTIFICATION OF AGENTS, REGISTRARS, AND 17 EXAMINERS. (a) An application for third-party agent, registrar, or examiner 18 certification shall be filed with the department on a form prescribed by the department. 19 (b) If the department determines that an individual is qualified under this 20 chapter as a third-party agent, registrar, or examiner, the department shall issue to the 21 individual an identification number for electronic record keeping purposes and a 22 certificate indicating the individual is qualified and authorized to perform the functions 23 as provided under AS 28.12.010(a). A third-party agent, registrar, or examiner shall 24 prominently display the certificate in the agent's place of business. 25 (c) A certificate is effective on the date of issuance and expires three years 26 after issuance. A renewal application form must be filed with the department not less 27 than 30 days before the time the certification expires. 28 (d) In reviewing an application submitted by a third-party agent or examiner, 29 the department shall also review the individual's driving record. If the record is 30 satisfactory and the individual is otherwise qualified under this chapter, the prospective 31 agent or examiner shall be scheduled for third-party agent or examiner training.

01 Sec. 28.12.030. REQUIREMENTS FOR THIRD-PARTY AGENTS. The 02 department may not certify an individual as a third-party agent unless the individual 03 meets all of the conditions set out in this section. The individual shall 04 (1) meet all applicable requirements of law; 05 (2) allow the department to conduct random examinations, inspections, 06 and audits of operating facilities and records as provided under AS 28.12.130; 07 (3) allow the department to conduct annual on-site inspections, 08 evaluations, and audits of operations, facilities, and records; 09 (4) transmit the original forms and reports to the department as required 10 by the department; 11 (5) conduct skills tests as required under AS 28.15 and provide that 12 applicants who fail to successfully complete driving skills testing are not tested more 13 than once in a seven-day period, unless the original test failure was due to vehicle or 14 document deficiencies; 15 (6) issue written certification, on a form provided by the department, 16 to each driver-applicant who passes the driving skills test administered by the third-party agent; 17 (7) attend all training courses, workshops, seminars, and other 18 instructional meetings, as required by the department; 19 (8) provide information and reports to the department, upon request, 20 concerning a criminal or driving skills testing administration complaint against the 21 third-party agent; 22 (9) transmit to the department all fees imposed under this title that are 23 collected as required under AS 28.12.100; 24 (10) ensure that at least 95 percent of the forms submitted to the 25 department are error free; 26 (11) comply with the provisions of AS 28.12.050(2), and (5) - (8). 27 Sec. 28.12.040. REQUIREMENTS FOR THIRD-PARTY REGISTRARS. The 28 department may not certify an individual as a third-party registrar unless the individual 29 complies with provisions of AS 28.12.030(1) - (4), (7), (9), and (10). 30 Sec. 28.12.050. REQUIREMENTS FOR THIRD-PARTY EXAMINERS. An 31 examiner applicant shall meet the conditions set out in this section in order to qualify

01 and maintain qualification as a third-party examiner. The individual shall 02 (1) comply with the provisions of AS 28.12.030(1) - (3), (5), (6), and 03 (8) - (10); 04 (2) hold a valid driver's license required for operation of the motor 05 vehicle used in the driving skills test conducted by the examiner; 06 (3) have successfully completed an examiner training workshop and 07 certified examiner program conducted or approved by the department; 08 (4) attend all training courses, workshops, seminars, and other 09 instructional meetings as required by the department; 10 (5) have a driving record that indicates the applicant is competent to 11 operate a motor vehicle safely; 12 (6) have not had a conviction or administrative license action for any 13 of the following violations under the law of this state or a local ordinance or a law or 14 local ordinance of another state substantially similar to the law of this state, during the 15 five-year period preceding application or during the time the individual is an examiner: 16 (A) operating a vehicle while intoxicated in violation of 17 AS 28.33.030 or AS 28.35.030; 18 (B) refusal to submit to a blood alcohol or breath test in 19 violation of AS 28.35.032; 20 (C) failure to stop and provide identification after a personal 21 injury or property damage accident in violation of AS 28.35.060; 22 (D) driving without insurance in violation of AS 28.22.011; 23 (E) a felony; 24 (7) while performing duties as an examiner and during the five-year 25 period preceding application, have not had a driver's license suspended, revoked, 26 denied, cancelled or disqualified, or been subjected to a driver's license sanction 27 ordered by the department or a court; 28 (8) be at least 21 years of age and have at least three years of 29 experience in driving a motor vehicle; 30 (9) transmit the original forms and reports to the department as required 31 by the department.

01 Sec. 28.12.060. PROFESSIONAL CONDUCT. (a) A third-party agent or 02 examiner may not provide a driver's license applicant answers to questions on a 03 knowledge or driving skills test or other driver examination. 04 (b) A third-party agent, registrar, or examiner shall provide services in a 05 professional manner. 06 (c) A third-party agent, registrar, or examiner may not consume intoxicating 07 beverages or controlled substances within eight hours before or during licensing or 08 testing activities and may not be under the influence of intoxicating beverages during 09 licensing or testing activities. In this subsection, "controlled substance" has the 10 meaning given in AS 28.33.190 but does not include a drug prescribed for that person 11 by a physician licensed in this state and used as required by the prescription, unless 12 the prescribed drug affects the ability of a person to safely operate a motor vehicle. 13 Sec. 28.12.070. NOTIFICATION REQUIREMENTS. (a) A third-party agent, 14 registrar, or examiner shall notify the department in writing within 15 (1) 30 days before a change in name or address; 16 (2) 10 days of any of the following: 17 (A) a complaint regarding criminal or civil actions, or driving 18 skills test administration received by the agent or examiner; 19 (B) ceasing business operations in the state. 20 (b) A third-party agent or examiner shall notify the department as follows: 21 (1) before the end of the next business day after the agent or examiner 22 receives notice of any suspension, revocation, cancellation, or disqualification of the 23 agent's or examiner's driver's license ordered by a court or the department; 24 (2) within 10 days after being convicted or found responsible for 25 violation of a law or local ordinance of any state relating to motor vehicle traffic 26 control, other than a parking violation; 27 (3) before the end of the next business day after the agent or examiner 28 is charged with a crime. 29 Sec. 28.12.080. TEST ADMINISTRATION. A driving skills test shall be 30 conducted strictly in accordance with the provisions of this title and the test 31 specifications and procedures prescribed by the department. A driving skills test shall

01 be conducted in a vehicle that is representative of the class and type of vehicle for 02 which the applicant seeks to be licensed and for which the third-party examiner is 03 qualified to test. Before testing, the third-party agent or examiner shall inspect the 04 vehicle to verify that it is empty, meets applicable motor carrier safety regulations, 05 is equipped as required by law, and is otherwise safe to operate. 06 Sec. 28.12.090. TERMINATION OF THIRD-PARTY AGENT, REGISTRAR, 07 OR EXAMINER CERTIFICATE. (a) The department may cancel or suspend the 08 certificate of a third-party agent, registrar, or examiner after determining that the agent, 09 registrar, or examiner has done one or more of the following: 10 (1) failed to comply with or satisfy any of the provisions of the contract 11 required under AS 28.12.120; 12 (2) falsified a record or information relating to the third-party agent, 13 registrar, or examiner program; 14 (3) committed any act or omission that compromises the integrity of 15 the third-party agent, registrar, or examiner program; before making a determination 16 under this paragraph, the department and the agent, registrar, or examiner shall submit 17 the issue to arbitration as provided under AS 09.43; the department may not cancel or 18 suspend a certificate or card under this paragraph unless the cancellation or suspension 19 is supported by the decision of the arbitrator; or 20 (4) acted as a third-party agent or examiner without a valid driver's 21 license, when the agent's or examiner's driver's license has been suspended or revoked, 22 when the agent's or examiner's certificate has been cancelled, or when the agent's or 23 examiner's application for a driver's license has been denied. 24 (b) If the department determines that grounds for termination of a third-party 25 agent's, registrar's, or examiner's certificate exist and that the grounds relate to a failure 26 to comply with or satisfy the requirements for a certificate or under the contract 27 required under AS 28.12.120, the department shall suspend the certificate until the 28 third-party agent, registrar, or examiner corrects the deficiency. 29 Sec. 28.12.100. COLLECTION OF FEES AND COMPENSATION TO 30 AGENTS. If the third-party agent, registrar, or examiner performs a function for 31 which a fee is imposed under this title, the third-party agent, registrar, or examiner

01 shall collect the statutory fee on behalf of the department and may collect and retain 02 a fee as compensation for performing the function. The fee due the third-party agent, 03 registrar, or examiner shall be set by the agent, registrar, or examiner. The third-party 04 agent, registrar, or examiner shall retain any amount due the agent, registrar, or 05 examiner as provided under this section and remit the amount collected on behalf of 06 the department as determined by contract. 07 Sec. 28.12.110. DEPARTMENT REVIEW OF LICENSING APPLICATIONS. 08 The department may reject an application approved by a third-party agent, registrar, or 09 examiner if the application fails to comply with a provision of AS 28.10 or AS 28.15. 10 The department shall allow an individual whose application is rejected under this section 11 to reapply to the department. 12 Sec. 28.12.120. REQUIRED CONTRACT. (a) The contract required under 13 AS 28.12.010(b) for a third-party agent must read as follows: 14 AGREEMENT 15 between the 16 DEPARTMENT OF PUBLIC SAFETY 17 and a 18 THIRD-PARTY AGENT 19 THIS AGREEMENT is made and entered into this day of 20 , 19 , by and between the Department of Public Safety 21 (hereinafter the department) and ____________________________________________ 22 ____________________________ (hereinafter the third-party agent) 23 LOCATED AT (third-party agent address) 24 25 26 This agreement authorizes the named third-party agent to administer registration, 27 titling, and testing as required under AS 28.12.010 on behalf of the department. The 28 department and the third-party agent, for good and valuable consideration and under the 29 terms and conditions set out in this agreement, mutually agree as follows: 30 I. TERM OF AGREEMENT: RENEWALS. 31 This agreement is effective on the date of execution and shall replace any

01 comparable agreement previously executed between the parties. This agreement shall 02 expire three years after execution, but may be renewed for additional periods, provided 03 that any renewal is set out in writing and that the renewal is signed by a duly authorized 04 representative of each party. 05 II. THE DEPARTMENT AGREES TO: 06 (1) Permit the third-party agent to administer registration, titling, and testing 07 described under AS 28.12.010(a), including driver's license skills tests, under the terms 08 of this agreement and all of the provisions set out in AS 28.12 and applicable provisions 09 of other state and federal law. 10 (2) Administer and enforce the provisions of AS 28.12. 11 (3) Conduct an on-site inspection of third-party agent facilities, and regular 12 electronic audits of third-party agent books and records. 13 (4) Conduct an annual performance evaluation and audit of the driving skills test 14 administered by the third-party agent. 15 (5) Prepare a written report of the results of each inspection and audit and 16 provide a copy of the report to the third-party agent. 17 (6) Provide the following materials and equipment: 18 19 III. THE THIRD-PARTY AGENT AGREES: 20 (1) To comply with all applicable statutes and administrative regulations of the 21 State of Alaska, with all applicable federal laws, including regulations of the Federal 22 Highway Administration, and with all applicable municipal ordinances. 23 (2) To provide insurance as required by AS 28.12.150. 24 (3) That the state and its employees are not civilly liable for an act or omission 25 of the third-party agent in performing duties described under AS 28.12 or an act or 26 omission under this agreement. 27 (4) To cooperate with the Department of Public Safety in performing the duties 28 imposed under this contract and AS 28.12. 29 (5) To keep all driver licensing records confidential. 30 IV. COMMUNICATIONS. 31 The third-party agent designates the following individual at the following address

01 to be its representative to receive the written notices and communications that are desired 02 or required under this agreement: 03 04 Telephone ( ) 05 The department designates the following individual at the following address to 06 be its representative to receive the written notices and communications that are desired 07 or required under this agreement: 08 Director 09 Division of Motor Vehicles 10 _____________________________ 11 _____________________________ 12 Telephone ( ) 13 Fax ( ) 14 A mailed notice shall be considered given when mailed at a United States post 15 office or official United States mail depository. 16 V. TERMINATION OF CONTRACT. 17 A third-party agent or the department may terminate this agreement for any 18 reason by providing 60-days' written notice of termination to the other party. 19 VI. NONASSIGNABILITY. 20 This agreement and the third-party agent's certification are not assignable by the 21 third-party agent, either in whole or in part. 22 VII. WAIVERS AND SEVERABILITY. 23 A waiver by either party of a provision of this agreement may not act as a waiver 24 of another provision of this agreement. If a provision of this agreement is for any reason 25 declared invalid, illegal, or unenforceable, that declaration does not affect the remainder 26 of the provisions of this agreement. 27 VIII. APPLICABLE LAW. 28 A dispute between the parties in this agreement as to the application, meaning, 29 or interpretation of any part of this agreement shall be resolved in the State of Alaska 30 by application of Alaska law. 31 IN WITNESS WHEREOF, the parties hereto have executed this agreement on

01 the date written above. 02 (THIRD-PARTY AGENT) 03 SIGNATURE: 04 NAME: 05 TITLE: 06 (DEPARTMENT OF PUBLIC SAFETY) 07 SIGNATURE: 08 NAME: 09 TITLE: Director, Division of Motor Vehicles. 10 (b) The contract required under AS 28.12.010(b) for a third-party registrar must 11 read as follows: 12 AGREEMENT 13 between the 14 DEPARTMENT OF PUBLIC SAFETY 15 and a 16 THIRD-PARTY REGISTRAR 17 THIS AGREEMENT is made and entered into this ____________ day of 18 ____________________, 19_____, by and between the Department of Public Safety 19 (hereinafter the department) and ___________________________________________ 20 ____________________________(hereinafter the third-party registrar) 21 LOCATED AT (third-party registrar address) 22 23 This agreement authorizes the named third-party registrar to administer 24 registration and titling as provided under AS 28.12.010(a)(2) on behalf of the department. 25 The department and the third-party registrar, for good and valuable consideration and 26 under the terms and conditions set out in this agreement, mutually agree as follows: 27 I. TERM OF AGREEMENT: RENEWALS. 28 This agreement is effective on the date of execution and shall replace any 29 comparable agreement previously executed between the parties. This agreement shall 30 expire three years after execution, but may be renewed for additional periods, provided 31 that any renewal is set out in writing and that the renewal is signed by a duly authorized

01 representative of each party. 02 II. THE DEPARTMENT AGREES TO: 03 (1) Permit the third-party registrar to administer registration and titling described 04 under AS 28.12.010(a)(2), under the terms of this agreement and all of the provisions set 05 out in AS 28.12 and applicable provisions of other state and federal law. 06 (2) Administer and enforce the provisions of AS 28.12. 07 (3) Conduct an on-site inspection of third-party registrar facilities, and regular 08 electronic audits of third-party registrar books and records. 09 (4) Prepare a written report of the results of each inspection and audit and 10 provide a copy of the report to the third-party registrar. 11 (5) Provide the following materials and equipment: 12 13 14 III. THE THIRD-PARTY REGISTRAR AGREES: 15 (1) To comply with all applicable statutes and administrative regulations of the 16 State of Alaska, with all applicable federal laws, including regulations of the Federal 17 Highway Administration, and with all applicable municipal ordinances. 18 (2) That the state and its employees are not civilly liable for an act or omission 19 of the third-party registrar in performing duties described under AS 28.12 or an act or 20 omission under this agreement. 21 (3) To cooperate with the Department of Public Safety in performing the duties 22 imposed under this contract and AS 28.12. 23 (4) To keep all driver licensing records confidential. 24 IV. COMMUNICATIONS. 25 The third-party registrar designates the following individual at the following 26 address to be its representative to receive the written notices and communications that 27 are desired or required under this agreement: 28 29 Telephone ( ) 30 The department designates the following individual at the following address to 31 be its representative to receive the written notices and communications that are desired

01 or required under this agreement: 02 Director 03 Division of Motor Vehicles 04 _____________________________ 05 _____________________________ 06 Telephone ( ) 07 Fax ( ) 08 A mailed notice shall be considered given when mailed at a United States post 09 office or official United States mail depository. 10 V. TERMINATION OF CONTRACT. 11 A third-party registrar or the department may terminate this agreement for any 12 reason by providing 60-days' written notice of termination to the other party. 13 VI. NONASSIGNABILITY. 14 This agreement and the third-party registrar's certification are not assignable by 15 the third-party registrar, either in whole or in part. 16 VII. WAIVERS AND SEVERABILITY. 17 A waiver by either party of a provision of this agreement may not act as a waiver 18 of another provision of this agreement. If a provision of this agreement is for any reason 19 declared invalid, illegal, or unenforceable, that declaration does not affect the remainder 20 of the provisions of this agreement. 21 VIII. APPLICABLE LAW. 22 A dispute between the parties in this agreement as to the application, meaning, 23 or interpretation of any part of this agreement shall be resolved in the State of Alaska 24 by application of Alaska law. 25 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 26 the date written above. 27 (THIRD-PARTY REGISTRAR) 28 SIGNATURE: 29 NAME: 30 TITLE: 31 (DEPARTMENT OF PUBLIC SAFETY)

01 SIGNATURE: 02 NAME: 03 TITLE: Director, Division of Motor Vehicles. 04 (c) The contract required under AS 28.12.010(b) for a third-party examiner must 05 read as follows: 06 AGREEMENT 07 between the 08 DEPARTMENT OF PUBLIC SAFETY 09 and a 10 THIRD-PARTY EXAMINER 11 THIS AGREEMENT is made and entered into this day of 12 , 19 , by and between the Department of Public Safety 13 (hereinafter the department) and _____________________________________________ 14 ____________________________(hereinafter the third-party examiner) 15 LOCATED AT (third-party examiner address) 16 17 18 This agreement authorizes the named third-party examiner to administer driver's 19 license examinations and issue licenses or permits as required under AS 28.12.010(a)(3) 20 on behalf of the department. The department and the third-party examiner, for good and 21 valuable consideration and under the terms and conditions set out in this agreement, 22 mutually agree as follows: 23 I. TERM OF AGREEMENT: RENEWALS. 24 This agreement is effective on the date of execution and shall replace any 25 comparable agreement previously executed between the parties. This agreement shall 26 expire three years after execution, but may be renewed for additional periods, provided 27 that any renewal is set out in writing and that the renewal is signed by a duly authorized 28 representative of each party. 29 II. THE DEPARTMENT AGREES TO: 30 (1) Permit the third-party examiner to administer testing described under 31 AS 28.12.010(a)(3), including driver's license skills tests, under the terms of this

01 agreement and all of the provisions set out in AS 28.12 and applicable provisions of 02 other state and federal law. 03 (2) Administer and enforce the provisions of AS 28.12. 04 (3) Conduct an on-site inspection of third-party examiner facilities, and regular 05 electronic audits of third-party examiner books and records. 06 (4) Conduct an annual performance evaluation and audit of the driving skills test 07 administered by the third-party examiner. 08 (5) Prepare a written report of the results of each inspection and audit and 09 provide a copy of the report to the third-party examiner. 10 (6) Provide the following materials and equipment: 11 12 III. THE THIRD-PARTY EXAMINER AGREES: 13 (1) To comply with all applicable statutes and administrative regulations of the 14 State of Alaska, with all applicable federal laws, including regulations of the Federal 15 Highway Administration, and with all applicable municipal ordinances. 16 (2) To provide insurance as required by AS 28.12.150. 17 (3) That the state and its employees are not civilly liable for an act or omission 18 of the third-party examiner in performing duties described under AS 28.12 or an act or 19 omission under this agreement. 20 (4) To cooperate with the Department of Public Safety in performing the duties 21 imposed under this contract and AS 28.12. 22 (5) To keep all driver licensing records confidential. 23 IV. COMMUNICATIONS. 24 The third-party examiner designates the following individual at the following 25 address to be its representative to receive the written notices and communications that 26 are desired or required under this agreement: 27 28 Telephone ( ) 29 The department designates the following individual at the following address to 30 be its representative to receive the written notices and communications that are desired 31 or required under this agreement:

01 Director 02 Division of Motor Vehicles 03 _____________________________ 04 _____________________________ 05 Telephone ( ) 06 Fax ( ) 07 A mailed notice shall be considered given when mailed at a United States post 08 office or official United States mail depository. 09 V. TERMINATION OF CONTRACT. 10 A third-party examiner or the department may terminate this agreement for any 11 reason by providing 60-days' written notice of termination to the other party. 12 VI. NONASSIGNABILITY. 13 This agreement and the third-party examiner's certification are not assignable by 14 the third-party examiner, either in whole or in part. 15 VII. WAIVERS AND SEVERABILITY. 16 A waiver by either party of a provision of this agreement may not act as a waiver 17 of another provision of this agreement. If a provision of this agreement is for any reason 18 declared invalid, illegal, or unenforceable, that declaration does not affect the remainder 19 of the provisions of this agreement. 20 VIII. APPLICABLE LAW. 21 A dispute between the parties in this agreement as to the application, meaning, 22 or interpretation of any part of this agreement shall be resolved in the State of Alaska 23 by application of Alaska law. 24 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 25 the date written above. 26 (THIRD-PARTY EXAMINER) 27 SIGNATURE: 28 NAME: 29 TITLE: 30 (DEPARTMENT OF PUBLIC SAFETY) 31 SIGNATURE:

01 NAME: 02 TITLE: Director, Division of Motor Vehicles. 03 Sec. 28.12.130. ON-SITE INSPECTIONS AND AUDITS. (a) An applicant for 04 a third-party agent, registrar, or examiner certificate shall permit the department to 05 conduct preapproval inspections and to electronically audit its operations, facilities, and 06 records relating to its third-party agent, registrar, or examiner program, for the purpose 07 of determining whether the applicant is qualified to participate in the program. A third-party agent, registrar, or ex 08 who has been certified and has executed an agreement 09 described under AS 28.12.120 shall permit the department to inspect and audit its third-party agent, registrar, or exam 10 program to determine whether it continues in 11 compliance with the requirements of this chapter. The department may perform an 12 inspection or audit with or without prior notice to the third-party agent, registrar, or 13 examiner. 14 (b) An inspection or audit must include, at a minimum, an examination of 15 (1) records relating to the third-party agent, registrar, or examiner 16 program; 17 (2) evidence of compliance with this title; 18 (3) the following if the individual is a third-party agent or examiner, 19 (A) skills testing procedures, practices, and operations; 20 (B) vehicles used for testing; and 21 (C) effectiveness of the driving skills test program by either 22 testing a sample of drivers who have been issued certificates evidencing that they 23 have passed the driving skills test administered by the third-party agent or 24 examiner or by having department employees or designees take the driving skills 25 test from a third-party agent or examiner. 26 (c) The department shall prepare a written report of an inspection or audit. A 27 copy of the report shall be provided to the third-party agent, registrar, or examiner. 28 Sec. 28.12.140. ADVERTISING. (a) A third-party agent or examiner may not 29 advertise in a manner that indicates in any way that the third-party agent or examiner can 30 guarantee the issuance of a driver's license or imply that the third-party agent or 31 examiner can in any way influence the department in the issuance of a driver's license

01 or imply that preferential or advantageous treatment from the department can be 02 obtained. 03 (b) A third-party agent, registrar, or examiner that is certified by the department 04 may advertise that the third-party agent, registrar, or examiner is "certified," but may not 05 indicate that the agent, registrar, or examiner is approved, sanctioned, or in any other 06 way endorsed by the department, and may not use any other name besides the name on 07 the application for certification. A third-party agent, registrar, or examiner may not use 08 "state" in any part of the third-party agent's, registrar's, or examiner's business name, 09 except when the name does not contain a reference to the individual's status as a third-party agent, registrar, or exam 10 Sec. 28.12.150. INSURANCE REQUIREMENTS. (a) A third-party agent or 11 examiner shall maintain insurance coverage that meets the requirements of AS 28.22.101 12 on motor vehicles owned by or registered to a third-party agent or examiner. 13 (b) In addition to the requirements of (a) of this section, a third-party agent or 14 examiner shall maintain bodily injury and property damage liability insurance coverage 15 on motor vehicles owned or used by the third-party agent or examiner to administer 16 skills tests in this state. The amount of insurance coverage required under this subsection 17 may not be less than $1,000,000 for bodily injury to or death of one or more persons in 18 any one accident and not less than $250,000 for injury to or destruction of property of 19 others in any one accident. 20 (c) A third-party agent or examiner shall maintain insurance coverage that does 21 not exclude from coverage a person taking a driving skills test administered by the third-party agent or examiner, any 22 person suffering bodily injury or sustained property damage 23 as a result of a driving skills test administered by the third-party agent or examiner. 24 (d) As evidence of required insurance coverage, a third-party agent or examiner 25 shall file with the department a certificate of insurance issued by an insurance company 26 licensed to do business in this state or a certificate of self-insurance approved by the 27 department. A certificate of insurance or self-insurance must include the make, model, 28 year, and vehicle identification number of each vehicle that is used by the third-party 29 agent or examiner to administer a driving skills test. 30 (e) A third-party agent or examiner may not use a motor vehicle to administer 31 a driving skills test unless the vehicle is insured as required by law.

01 (f) The department may cancel a contract with a third-party agent or examiner 02 upon determining that the third-party agent or examiner has failed to file a certificate of 03 insurance or self-insurance or has failed to maintain insurance coverage. 04 Sec. 28.12.160. CIVIL LIABILITY. (a) A third-party agent, registrar, or 05 examiner authorized under this section to perform a registration, titling, or licensing 06 function may not be held civilly liable for performing or failing to perform the function. 07 (b) A person may not bring a civil action against the state or an employee of the 08 state to recover civil damages resulting from an act or omission of a third-party agent, 09 registrar, or examiner in performing duties described under this chapter. 10 * Sec. 2. AS 36.30.850(b) is amended by adding a new paragraph to read: 11 (33) a contract between the Department of Public Safety and a third-party 12 agent, registrar, or examiner under AS 28.12. 13 * Sec. 3. TRANSITION. The Department of Public Safety shall implement the provisions 14 of this Act by July 1 of the year following the effective date of this Act.