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HB 175: "An Act relating to issuance of motor vehicle registrations and titles, and to licenses and permits to operate a motor vehicle."

00HOUSE BILL NO. 175 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 testing. (a) The 07 department shall 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 07 as required under AS 28.15.081 and issue licenses or permits as provided under 08 AS 28.15. 09 (b) The department shall use third-party agents, registrars, and examiners to 10 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 examiners. (a) An 17 application for third-party agent, registrar, or examiner certification shall be filed with 18 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 recordkeeping 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 department may 02 not certify an individual as a third-party agent unless the individual meets all of the 03 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 to the department at least once each month the fees 10 imposed under this title that are collected as required under AS 28.12.100; 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- 17 party agent; 18 (7) attend all training courses, workshops, seminars, and other 19 instructional meetings, as required by the department; 20 (8) provide information and reports to the department, upon request, 21 concerning a criminal or driving skills testing administration complaint against the 22 third-party agent; 23 (9) transmit to the department all fees imposed under this title that are 24 collected as required under AS 28.12.100; 25 (10) ensure that at least 95 percent of the forms submitted to the 26 department are error free; 27 (11) comply with the provisions of AS 28.12.050(2) and (5) - (8). 28 Sec. 28.12.040. Requirements for third-party registrars. The department 29 may not certify an individual as a third-party registrar unless the individual complies 30 with provisions of AS 28.12.030(1) - (4), (7), (9), and (10). 31 Sec. 28.12.050. Requirements for third-party examiners. An examiner

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

01 Sec. 28.12.060. Professional conduct. (a) A third-party agent or examiner 02 may not provide a driver's license applicant answers to questions on a knowledge or 03 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 the 12 prescribed drug affects the ability of the person to safely operate a motor vehicle. 13 Sec. 28.12.070. Notification requirements. (a) A third-party agent, registrar, 14 or examiner shall notify the department in writing 15 (1) within 30 days before a change in name or address; 16 (2) within 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 conducted 30 strictly in accordance with the provisions of this title and the test specifications and 31 procedures prescribed by the department. A driving skills test shall be conducted in

01 a vehicle that is representative of the class and type of vehicle for which the applicant 02 seeks to be licensed and for which the third-party agent or examiner is qualified to 03 test. Before testing, the third-party agent or examiner shall inspect the vehicle to 04 verify that it is empty, meets applicable motor carrier safety regulations, and is 05 otherwise safe to operate. 06 Sec. 28.12.090. Termination of third-party agent, registrar, or examiner 07 certificate. (a) The department may cancel or suspend the certificate of a third-party 08 agent, registrar, or examiner after determining that the agent, registrar, or examiner has 09 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 26 failure 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 agents. If the third- 30 party agent, registrar, or examiner performs a function for which a fee is imposed under this 31 title, the third-party agent, registrar, or examiner shall collect the statutory fee on behalf of

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

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

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

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

01 II. THE DEPARTMENT AGREES TO: 02 (1) Permit the third-party registrar to administer registration and titling 03 described under AS 28.12.010(a)(2), under the terms of this agreement and all of the 04 provisions set out in AS 28.12 and applicable provisions of other state and federal law. 05 (2) Administer and enforce the provisions of AS 28.12. 06 (3) Conduct an on-site inspection of third-party registrar facilities, and a 07 periodic electronic audit of third-party registrar books and records. 08 (4) Prepare a written report of the results of each inspection and audit and 09 provide a copy of the report to the third-party registrar. 10 (5) Provide the following materials and equipment: 11 12 13 III. THE THIRD-PARTY REGISTRAR AGREES: 14 (1) To comply with all applicable statutes and administrative regulations of the 15 State of Alaska, with all applicable federal laws, including regulations of the Federal 16 Highway Administration, and with all applicable municipal ordinances. 17 (2) That the state and its employees are not civilly liable for an act or omission 18 of the third-party registrar in performing duties described under AS 28.12 or an act or 19 omission under this agreement. 20 (3) To cooperate with the Department of Public Safety in performing the duties 21 imposed under this contract and AS 28.12. 22 (4) To keep all driver's licensing records confidential. 23 IV. COMMUNICATIONS. 24 The third-party registrar 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 registrar 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 registrar's certification are not assignable 14 by the third-party registrar, 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 17 waiver of another provision of this agreement. If a provision of this agreement is for 18 any reason declared invalid, illegal, or unenforceable, that declaration does not affect 19 the remainder 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 REGISTRAR) 27 SIGNATURE: 28 NAME: 29 TITLE: 30 (DEPARTMENT OF PUBLIC SAFETY) 31 SIGNATURE:

01 NAME: 02 TITLE: Director, Division of Motor Vehicles. 03 (c) The contract required under AS 28.12.010(b) for a third-party examiner 04 must read as follows: 05 AGREEMENT 06 between the 07 DEPARTMENT OF PUBLIC SAFETY 08 and a 09 THIRD-PARTY EXAMINER 10 THIS AGREEMENT is made and entered into this day of 11 , 19 , by and between the Department of Public Safety 12 (hereinafter the department) and _____________________________________________ 13 ____________________________(hereinafter the third-party examiner) 14 LOCATED AT (third-party examiner address) 15 16 17 This agreement authorizes the named third-party examiner to administer driver's 18 license examinations and issue licenses or permits as required under 19 AS 28.12.010(a)(3) on behalf of the department. The department and the third-party 20 examiner, for good and valuable consideration and under the terms and conditions set 21 out in this agreement, mutually agree as follows: 22 I. TERM OF AGREEMENT: RENEWALS. 23 This agreement is effective on the date of execution and shall replace any 24 comparable agreement previously executed between the parties. This agreement shall 25 expire three years after execution, but may be renewed for additional periods, provided 26 that any renewal is set out in writing and that the renewal is signed by a duly 27 authorized representative of each party. 28 II. THE DEPARTMENT AGREES TO: 29 (1) Permit the third-party examiner to administer testing described under 30 AS 28.12.010(a)(3), including driver's license skills tests, under the terms of this 31 agreement and all of the provisions set out in AS 28.12 and applicable provisions of

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

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

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

01 (b) A third-party agent, registrar, or examiner that is certified by the 02 department may advertise that the third-party agent, registrar, or examiner is 03 "certified," but may not indicate that the agent, registrar, or examiner is approved, 04 sanctioned, or in any other way endorsed by the department and may not use any other 05 name besides the name on the application for certification. A third-party agent, 06 registrar, or examiner may not use "state" in any part of the third-party agent's, 07 registrar's, or examiner's business name, except when the name does not contain a 08 reference to the individual's status as a third-party agent, registrar, or examiner. 09 Sec. 28.12.150. Insurance requirements. (a) A third-party agent or examiner 10 shall maintain insurance coverage that meets the requirements of AS 28.22.101 on 11 motor vehicles owned by or registered to a third-party agent or examiner. 12 (b) In addition to the requirements of (a) of this section, a third-party agent or 13 examiner shall maintain bodily injury and property damage liability insurance coverage 14 on motor vehicles owned or used by the third-party agent or examiner to administer 15 skills tests in this state. The amount of insurance coverage required under this 16 subsection may not be less than $1,000,000 for bodily injury to or death of one or 17 more persons in any one accident and not less than $250,000 for injury to or 18 destruction of property of others in any one accident. 19 (c) A third-party agent or examiner shall maintain insurance coverage that does 20 not exclude from coverage a person taking a driving skills test administered by the 21 third-party agent or examiner or any person suffering bodily injury or sustained 22 property damage as a result of a driving skills test administered by the third-party 23 agent or examiner. 24 (d) As evidence of required insurance coverage, a third-party agent or 25 examiner shall file with the department a certificate of insurance issued by an 26 insurance company licensed to do business in this state or a certificate of self-insurance 27 approved by the department. A certificate of insurance or self-insurance must include 28 the make, model, year, and vehicle identification number of each vehicle that is used 29 by the third-party 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 03 of 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 examiner 05 authorized under this section to perform a registration, titling, or licensing function 06 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 08 the state to recover civil damages resulting from an act or omission of a third-party 09 agent, registrar, or examiner in performing duties described under this chapter. 10 * Sec. 2. TRANSITION. The Department of Public Safety shall implement the provisions 11 of this Act by July 1 of the year following the effective date of this Act.