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HB 186: "An Act relating to vehicle registration; relating to off-road system restricted noncommercial drivers' licenses; relating to off-road system eligible areas; and relating to motor vehicle liability insurance."

00                             HOUSE BILL NO. 186                                                                          
01 "An Act relating to vehicle registration; relating to off-road system restricted                                        
02 noncommercial drivers' licenses; relating to off-road system eligible areas; and relating                               
03 to motor vehicle liability insurance."                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 28.10.011 is amended to read:                                                                      
06            Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven,                                    
07       moved, or parked upon a highway or other public parking place in the state shall be                               
08       registered under this chapter except when the vehicle is                                                          
09                 (1)  driven or moved on a highway only for the purpose of crossing the                                  
10       highway from one private property to another, including an implement of husbandry                                 
11       as defined by regulation;                                                                                         
12                 (2)  driven or moved on a highway under a dealer's plate or temporary                                   
13       permit as provided for in AS 28.10.031 and 28.10.181(j);                                                          
14                 (3)  special mobile equipment as defined by regulation;                                                 
01                 (4)  owned by the United States;                                                                        
02                 (5)  moved by human or animal power;                                                                    
03                 (6)  exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil                                  
04       Relief Act);                                                                                                      
05                 (7)  driven or parked only on private property;                                                         
06                 (8)  the vehicle of a nonresident as provided under AS 28.10.121;                                       
07                 (9)  transported under a special permit under AS 28.10.151;                                             
08                 (10)  being driven or moved in an off-road system eligible area by an                               
09       operator with a noncommercial driver's license, including an off-road system                                  
10       restricted noncommercial driver's license issued under AS 28.15.126 [ON A                                     
11       HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE                                                          
12       STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR                                                        
13       WAY TO                                                                                                            
14                      (A)  THE LAND-CONNECTED STATE HIGHWAY                                                              
15            SYSTEM; OR                                                                                                   
16                      (B)  A HIGHWAY OR VEHICULAR WAY WITH AN                                                            
17            AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499];                                                              
18                 (11)  an implement of husbandry operated in accordance with the                                         
19       provisions of AS 19.10.065;                                                                                       
20                 (12)  an electric personal motor vehicle.                                                               
21    * Sec. 2. AS 28.15 is amended by adding a new section to read:                                                     
22            Sec. 28.15.126. Off-road system restricted noncommercial driver's license.                                 
23       (a) The department shall waive the road test and issue an off-road system restricted                              
24       noncommercial driver's license to an applicant who resides and operates a motor                                   
25       vehicle in an off-road system eligible area of the state. A driver issued an off-road                             
26       system restricted noncommercial driver's license may operate a motor vehicle in an                                
27       off-road system eligible area of the state. A driver issued an off-road system restricted                         
28       noncommercial driver's license may not operate a motor vehicle                                                    
29                 (1)  outside the off-road system eligible area of the state on a highway,                               
30       vehicular way, or a public parking place in the state unless the person has or is                                 
31       accompanied by a person with a driver's license that is not restricted under this                                 
01       section; or                                                                                                       
02                 (2)  outside the state.                                                                                 
03            (b)  The department shall annually publish a list of off-road system eligible                                
04       areas. The department shall make the list available at each office of the department                              
05       and on the department's Internet website.                                                                         
06    * Sec. 3. AS 28.15.201(d) is amended to read:                                                                      
07            (d)  A court revoking a driver's license, privilege to drive, or privilege to obtain                         
08       a license under AS 28.15.181(c), or the department when revoking a driver's license,                              
09       privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant                             
10       limited license privileges if                                                                                     
11                 (1)  the revocation was for a misdemeanor conviction under                                              
12       AS 28.35.030 or a similar municipal ordinance and not for a violation of                                          
13       AS 28.35.032;                                                                                                     
14                 (2)  the person                                                                                         
15                      (A)  has not been previously convicted and the limited license is                                  
16            not granted during the first 30 days of the period of revocation; or                                         
17                      (B)  has been previously convicted and the limited license is not                                  
18            granted during the first 90 days of the period of revocation;                                                
19                 (3)  the court or department requires the person to use an ignition                                     
20       interlock device during the period of the limited license whenever the person operates                            
21       a motor vehicle in an area [A COMMUNITY] not included in the list published by                                
22       the department under AS 28.15.126 [AS 28.22.011(b)] and, when applicable,                                     
23                      (A)  the person provides proof of installation of the ignition                                     
24            interlock device on every vehicle the person operates;                                                       
25                      (B)  the person signs an affidavit acknowledging that                                              
26                           (i)  operation by the person of a vehicle that is not                                         
27                 equipped with an ignition interlock device is subject to penalties for                                  
28                 driving with a revoked license;                                                                         
29                           (ii)  circumventing or tampering with the ignition                                            
30                 interlock device is a class A misdemeanor; and                                                          
31                           (iii)  the person is required to maintain the ignition                                        
01                 interlock device throughout the period of the limited license, to keep                                  
02                 up-to-date records in each vehicle showing that any required service                                    
03                 and calibration is current, and to produce those records immediately on                                 
04                 request;                                                                                                
05                 (4)  the person is enrolled in and is in compliance with or has                                         
06       successfully completed the alcoholism screening, evaluation, referral, and program                                
07       requirements of the Department of Health and Social Services under AS 28.35.030(h);                               
08                 (5)  the person provides proof of insurance as required by AS 28.20.230                                 
09       and 28.20.240; and                                                                                                
10                 (6)  the person has not previously been convicted of violating the                                      
11       limitations of an ignition interlock limited license or been convicted of violating the                           
12       provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those                               
13       sections.                                                                                                         
14    * Sec. 4. AS 28.22.011(a) is amended to read:                                                                      
15            (a)  The operator or owner of a motor vehicle subject to registration under                                  
16       AS 28.10.011 when driven on a highway, vehicular way or area, or on other public                                  
17       property in the state, shall be insured under a motor vehicle liability policy that                               
18       complies with this chapter or a certificate of self-insurance that complies with                                  
19       AS 28.20.400 unless the operator                                                                              
20                 (1)  [THE MOTOR VEHICLE IS BEING DRIVEN OR MOVED ON                                                     
21       A HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE                                                        
22       STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR                                                        
23       WAY TO                                                                                                            
24                      (A)  THE LAND-CONNECTED STATE HIGHWAY                                                              
25            SYSTEM, OR                                                                                                   
26                      (B)  A HIGHWAY OR VEHICULAR WAY WITH AN                                                            
27            AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499]; AND                                                          
28                 (2)  THE OPERATOR] has not been cited within the preceding five                                         
29       years for a traffic law violation with a demerit point value of six or more on the point                          
30       schedule determined under regulations adopted by the department under                                             
31       AS 28.15.221;                                                                                                 
01                 (2)  has a noncommercial driver's license, including an off-road                                    
02       system restricted noncommercial driver's license issued under AS 28.15.126; and                               
03                 (3)  is operating the motor vehicle in an off-road system eligible                                  
04       area of the state.                                                                                            
05    * Sec. 5. AS 28.35.030(t) is amended to read:                                                                      
06            (t)  Notwithstanding (b) or (n) of this section, the court shall waive the                                   
07       requirement of the use of an ignition interlock device when a person operates a motor                             
08       vehicle in an area [A COMMUNITY] included on the list published by the                                        
09       department under AS 28.15.126 [AS 28.22.011(b)].                                                              
10    * Sec. 6. AS 28.35.032(t) is amended to read:                                                                      
11            (t)  Notwithstanding (g) or (p) of this section, the court shall waive the                                   
12       requirement of the use of an ignition interlock device when a person operates a motor                             
13       vehicle in an area [A COMMUNITY] included on the list published by the                                        
14       department under AS 28.15.126 [AS 28.22.011(b)].                                                              
15    * Sec. 7. AS 28.90.990(a) is amended by adding a new paragraph to read:                                            
16                 (32)  "off-road system eligible area" means an area of the state, as                                    
17       determined by the department, that does not have land-connected road access to an                                 
18       office that offers road testing at least once every three months and offers a sufficient                          
19       number of road tests to meet public demand.                                                                       
20    * Sec. 8. AS 28.22.011(b) is repealed.