00               SENATE CS FOR CS FOR HOUSE BILL NO. 101(STA)                                                             
01 "An Act relating to uniform traffic laws and to operating a vehicle while under the                                     
02 influence of an alcoholic beverage, inhalant, or controlled substance."                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 28.01.010(a) is amended to read:                                                                   
05            (a)  The provisions of this title and the regulations adopted under this title are                           
06       applicable within all municipalities of the state. A municipality may not enact or                            
07       enforce an ordinance that is inconsistent with the provisions of this title or the                            
08       regulations adopted under this title. A municipality may not incorporate into a                                   
09       publication of traffic ordinances a provision of this title or the regulations adopted                            
10       under this title without specifically identifying the provision or regulation as a state                          
11       statute or regulation.                                                                                            
12    * Sec. 2. AS 28.35.030(r) is amended to read:                                                                      
13            (r)  When [IF] a person is convicted under (a) of this section, the court shall                      
14       determine by a preponderance of the evidence if [AND IT IS DETERMINED BY                                      

01       THE TRIER OF FACT THAT], as determined by a chemical test taken within four                                       
02       hours after the offense was committed,                                                                            
03                 (1)  there was at least 0.16 percent by weight of alcohol in the person's                               
04       blood but less than 0.24 percent by weight of alcohol in the person's blood or at least                           
05       160 milligrams of alcohol for each [PER] 100 milliliters of blood, but less than 240                          
06       milligrams of alcohol for each [PER] 100 milliliters of blood, or [WHEN] there was                            
07       at least 0.16 grams of alcohol for each [PER] 210 liters of the person's breath, but less                     
08       than 0.24 grams of alcohol for each [PER] 210 liters of the person's breath, and,                         
09       having made that determination, the court shall require the person to use an ignition                         
10       interlock device as provided in AS 12.55.102 for a minimum of six months after the                                
11       person regains the privilege, including any limited privilege, to operate a motor                                 
12       vehicle;                                                                                                          
13                 (2)  there was 0.24 percent or more by weight of alcohol in the person's                                
14       blood or 240 milligrams or more of alcohol for each [PER] 100 milliliters of blood, or                        
15       [WHEN] there was 0.24 grams or more of alcohol for each [PER] 210 liters of the                               
16       person's breath, and, having made that determination, the court shall require the                             
17       person to use an ignition interlock device as provided in AS 12.55.102 for a minimum                              
18       of one year after the person regains the privilege, including any limited privilege, to                           
19       operate a motor vehicle.