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CSHB 186(TRA): "An Act relating to vehicle registration; relating to off-road system restricted noncommercial drivers' licenses; relating to off-highway commercial drivers' licenses; relating to off-road system eligible areas; and relating to motor vehicle liability insurance."

00                       CS FOR HOUSE BILL NO. 186(TRA)                                                                    
01 "An Act relating to vehicle registration; relating to off-road system restricted                                        
02 noncommercial drivers' licenses; relating to off-highway commercial drivers' licenses;                                  
03 relating to off-road system eligible areas; and relating to motor vehicle liability                                     
04 insurance."                                                                                                             
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 28.10.011 is amended to read:                                                                      
07            Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven,                                    
08       moved, or parked on [UPON] a highway or other public parking place in the state                               
09       shall be registered under this chapter except when the vehicle is                                                 
10                 (1)  driven or moved on a highway only for the purpose of crossing the                                  
11       highway from one private property to another, including an implement of husbandry                                 
12       as defined by regulation;                                                                                         
13                 (2)  driven or moved on a highway under a dealer's plate or temporary                                   
14       permit as provided for in AS 28.10.031 and 28.10.181(j);                                                          
01                 (3)  special mobile equipment as defined by regulation;                                                 
02                 (4)  owned by the United States;                                                                        
03                 (5)  moved by human or animal power;                                                                    
04                 (6)  exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil                                  
05       Relief Act);                                                                                                      
06                 (7)  driven or parked only on private property;                                                         
07                 (8)  the vehicle of a nonresident as provided under AS 28.10.121;                                       
08                 (9)  transported under a special permit under AS 28.10.151;                                             
09                 (10)  [BEING] driven or moved by an operator with an off-highway                                    
10       commercial driver's license on a highway, vehicular way, or a public parking place                            
11       in the state that is not connected by a land highway or vehicular way to                                          
12                      (A)  the land-connected state highway system; or                                                   
13                      (B)  a highway or vehicular way with an average daily traffic                                      
14            volume greater than 499;                                                                                     
15                 (11)  driven or moved in an off-road system eligible area by an                                     
16       operator with a noncommercial driver's license, including an off-road system                                  
17       restricted noncommercial driver's license issued under AS 28.15.126;                                          
18                 (12) [(11)]  an implement of husbandry operated in accordance with the                              
19       provisions of AS 19.10.065;                                                                                       
20                 (13) [(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 has not been cited within the preceding five                                 
20       years for a traffic law violation with a demerit point value of six or more on the                            
21       point schedule determined under regulations adopted by the department under                                   
22       AS 28.15.221 and                                                                                              
23                 (1)  the motor vehicle is being driven or moved by an operator with                                 
24       an off-highway commercial driver's license on a highway, vehicular way, or a                                  
25       public parking place in the state that is not connected by a land highway or vehicular                            
26       way to                                                                                                            
27                      (A)  the land-connected state highway system; [,] or                                           
28                      (B)  a highway or vehicular way with an average daily traffic                                      
29            volume greater than 499; or [AND]                                                                        
30                 (2)  the operator has a noncommercial driver's license, including an                                
31       off-road system restricted noncommercial driver's license issued under                                        
01       AS 28.15.126 and is operating the motor vehicle in an off-road system eligible                                
02       area of the state [NOT BEEN CITED WITHIN THE PRECEDING FIVE YEARS                                             
03       FOR A TRAFFIC LAW VIOLATION WITH A DEMERIT POINT VALUE OF SIX                                                     
04       OR MORE ON THE POINT SCHEDULE DETERMINED UNDER REGULATIONS                                                        
05       ADOPTED BY THE DEPARTMENT UNDER AS 28.15.221].                                                                    
06    * Sec. 5. AS 28.35.030(t) is amended to read:                                                                      
07            (t)  Notwithstanding (b) or (n) of this section, the court shall waive the                                   
08       requirement of the use of an ignition interlock device when a person operates a motor                             
09       vehicle in an area [A COMMUNITY] included on the list published by the                                        
10       department under AS 28.15.126 [AS 28.22.011(b)].                                                              
11    * Sec. 6. AS 28.35.032(t) is amended to read:                                                                      
12            (t)  Notwithstanding (g) or (p) of this section, the court shall waive the                                   
13       requirement of the use of an ignition interlock device when a person operates a motor                             
14       vehicle in an area [A COMMUNITY] included on the list published by the                                        
15       department under AS 28.15.126 [AS 28.22.011(b)].                                                              
16    * Sec. 7. AS 28.90.990(a) is amended by adding a new paragraph to read:                                            
17                 (32)  "off-road system eligible area" means an area of the state, as                                    
18       determined by the department, that does not have land-connected road access to an                                 
19       office that offers road testing at least once every three months and offers a sufficient                          
20       number of road tests to meet public demand.                                                                       
21    * Sec. 8. AS 28.22.011(b) is repealed.