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HB 162: "An Act relating to administrative revocation of a driver's license; and repealing Rule 603(a)(3), Alaska Rules of Appellate Procedure."

00                             HOUSE BILL NO. 162                                                                          
01 "An Act relating to administrative revocation of a driver's license; and repealing Rule                                 
02 603(a)(3), Alaska Rules of Appellate Procedure."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.55.102(a) is amended to read:                                                                   
05            (a)  The court may order as a condition of probation or generally as part of a                               
06       sentence that a defendant convicted of an offense involving the use, consumption, or                              
07       possession of an alcoholic beverage may not operate a motor vehicle during the period                             
08       of probation unless the vehicle is equipped with a properly functioning, monitored,                               
09       and maintained ignition interlock device. A condition of probation or sentence                                    
10       imposed under this subsection takes effect after any period of license revocation                                 
11       imposed under AS 28.15.181(c) [AS 28.15.165(d) OR 28.15.181(c)].                                              
12    * Sec. 2. AS 28.15.181(c) is amended to read:                                                                      
13            (c)  A court convicting a person of an offense described in (a)(5) or (8) of this                            
14       section arising out of the operation of a motor vehicle, commercial motor vehicle, or                             
01       aircraft shall revoke that person's driver's license, privilege to drive, or privilege to                         
02       obtain a license. [THE REVOCATION MAY BE CONCURRENT WITH OR                                                       
03       CONSECUTIVE TO AN ADMINISTRATIVE REVOCATION UNDER                                                                 
04       AS 28.15.165.] The court may not, except as provided in AS 28.15.201, grant limited                               
05       license privileges during the minimum period of revocation. Except as provided under                              
06       AS 28.35.030(n)(3) and 28.35.032(p)(3), the minimum periods of revocation are                                     
07                 (1)  not less than 90 days if the person has not been previously                                        
08       convicted;                                                                                                        
09                 (2)  not less than one year if the person has been previously convicted                                 
10       once;                                                                                                             
11                 (3)  not less than 3 years if the person has been previously convicted                                  
12       twice;                                                                                                            
13                 (4)  not less than 5 years if the person has been previously convicted                                  
14       more than twice.                                                                                                  
15    * Sec. 3. AS 28.15.182(b) is amended to read:                                                                      
16            (b)  The license revocation imposed under (a) of this section may be for a                                   
17       period of up to three years. This period is concurrent with any other period of                                   
18       revocation under AS 28.15.181 [AS 28.15.165 OR 28.15.181,] or any other action                                
19       imposed by the department or court in connection with the accident.                                               
20    * Sec. 4. AS 28.15.201(d) is amended to read:                                                                      
21            (d)  A court revoking a driver's license, privilege to drive, or privilege to obtain                         
22       a license under AS 28.15.181(c) [, OR THE DEPARTMENT WHEN REVOKING A                                              
23       DRIVER'S LICENSE, PRIVILEGE TO DRIVE, OR PRIVILEGE TO OBTAIN A                                                    
24       LICENSE UNDER AS 28.15.165(c),] may grant limited license privileges if                                           
25                 (1)  the revocation was for a misdemeanor conviction under                                              
26       AS 28.35.030 or a similar municipal ordinance and not for a violation of                                          
27       AS 28.35.032;                                                                                                     
28                 (2)  the person                                                                                         
29                      (A)  has not been previously convicted and the limited license is                                  
30            not granted during the first 30 days of the period of revocation; or                                         
31                      (B)  has been previously convicted and the limited license is not                                  
01            granted during the first 90 days of the period of revocation;                                                
02                 (3)  the court [OR DEPARTMENT] requires the person to use an                                            
03       ignition interlock device during the period of the limited license whenever the person                            
04       operates a motor vehicle in a community not included in the list published by the                                 
05       department under AS 28.22.011(b) and, when applicable,                                                            
06                      (A)  the person provides proof of installation of the ignition                                     
07            interlock device on every vehicle the person operates;                                                       
08                      (B)  the person signs an affidavit acknowledging that                                              
09                           (i)  operation by the person of a vehicle that is not                                         
10                 equipped with an ignition interlock device is subject to penalties for                                  
11                 driving with a revoked license;                                                                         
12                           (ii)  circumventing or tampering with the ignition                                            
13                 interlock device is a class A misdemeanor; and                                                          
14                           (iii)  the person is required to maintain the ignition                                        
15                 interlock device throughout the period of the limited license, to keep                                  
16                 up-to-date records in each vehicle showing that any required service                                    
17                 and calibration is current, and to produce those records immediately on                                 
18                 request;                                                                                                
19                 (4)  the person is enrolled in and is in compliance with or has                                         
20       successfully completed the alcoholism screening, evaluation, referral, and program                                
21       requirements of the Department of Health and Social Services under AS 28.35.030(h);                               
22                 (5)  the person provides proof of insurance as required by AS 28.20.230                                 
23       and 28.20.240; and                                                                                                
24                 (6)  the person has not previously been convicted of violating the                                      
25       limitations of an ignition interlock limited license or been convicted of violating the                           
26       provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those                               
27       sections.                                                                                                         
28    * Sec. 5. AS 28.33.031(b) is amended to read:                                                                      
29            (b)  Refusal to submit to a chemical test authorized under this section is                                   
30       punishable under AS 28.35.032. A chemical test may be administered without consent                                
31       under AS 28.35.035. [A PERSON WHO IS DISQUALIFIED AS THE RESULT OF                                                
01       DEPARTMENT ACTION UNDER AS 28.15.165, FOLLOWING A TEST                                                            
02       ADMINISTERED UNDER THIS SECTION, CAN OBTAIN REVIEW OF THAT                                                        
03       ACTION UNDER AS 28.15.166.]                                                                                       
04    * Sec. 6. AS 28.35.034 is amended to read:                                                                         
05            Sec. 28.35.034. Surrender of license or permit.   A person whose license or                                
06       permit to operate or drive a motor vehicle has been revoked under AS 28.15.181                                
07       [AS 28.15.165 OR 28.15.181] shall surrender the license or permit to the department                               
08       on receipt of notice of the revocation. After the period of revocation has expired, the                           
09       person may make application for a new license as provided by law.                                                 
10    * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12       REPEAL OF COURT RULE. Rule 603(a)(3), Alaska Rules of Appellate Procedure, is                                     
13 repealed.                                                                                                               
14    * Sec. 8. AS 28.15.165 and 28.15.166 are repealed.                                                                 
15    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       APPLICABILITY. The Department of Administration shall dismiss an administrative                                   
18 revocation proceeding against a person, and return a driver's license or commercial driver's                            
19 license to the person, who has received the notice described in AS 28.15.165, repealed by sec.                          
20 8 of this Act, before the effective date of this Act, if the administrative revocation has not                          
21 been completed before the effective date of this Act.                                                                   
22    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24       TRANSITION. (a) A person whose driver's license or commercial driver's license was                                
25 revoked under AS 28.15.165, repealed by sec. 8 of this Act, and who was not convicted under                             
26 AS 28.33.030, AS 28.35.030, or 28.35.032 for the same conduct giving rise to the revocation                             
27 may apply to the Department of Administration under AS 28.15.211(d) for issuance to the                                 
28 person of a new driver's license or commercial driver's license. The Department of                                      
29 Administration shall treat the effective date of this Act as the end of the person's revocation                         
30 period.                                                                                                                 
31       (b)  The Department of Administration may continue to administer a driver's license                               
01 revocation that occurred before the effective date of this Act for a person who was convicted                           
02 under AS 28.33.030, AS 28.35.030, or 28.35.032 or who pled guilty or nolo contendere, in                                
03 accordance with AS 28.15.165 and 28.15.166 as they read on the day before the effective date                            
04 of this Act.