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HB 276: "An Act relating to limitation of a driver's license."

00 HOUSE BILL NO. 276 01 "An Act relating to limitation of a driver's license." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.201(d) is amended to read: 04 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 05 a license under AS 28.15.181(c), or the department when revoking a driver's license, 06 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 07 limited license privileges if 08 (1) the revocation was for a misdemeanor conviction under 09 AS 28.35.030 or a similar municipal ordinance and not for a violation of 10 AS 28.35.032; 11 (2) the person 12 (A) has [NOT] been previously convicted once and the limited 13 license is not granted until the person successfully completes [DURING 14 THE FIRST] 30 days in a program established under AS 47.38.020 [OF 15 THE PERIOD OF REVOCATION]; or

01 (B) has been previously convicted two or more times and the 02 limited license is not granted until the person successfully completes 03 [DURING THE FIRST] 90 days in a program established under 04 AS 47.38.020 [OF THE PERIOD OF REVOCATION]; 05 (3) the court or department requires the person to use an ignition 06 interlock device during the period of the limited license whenever the person operates 07 a motor vehicle in a community not included in the list published by the department 08 under AS 28.22.011(b) and, when applicable, 09 (A) the person provides proof 10 (i) of installation of the ignition interlock device on 11 every vehicle the person operates; and 12 (ii) that a person working for a program established 13 under AS 47.38.020 has verified correct installation of the ignition 14 interlock device; 15 (B) the person signs an affidavit acknowledging that 16 (i) operation by the person of a vehicle that is not 17 equipped with an ignition interlock device is subject to penalties for 18 driving with a revoked license; 19 (ii) circumventing or tampering with the ignition 20 interlock device is a class A misdemeanor; and 21 (iii) the person is required to maintain the ignition 22 interlock device throughout the period of the limited license, to keep 23 up-to-date records in each vehicle showing that any required service 24 and calibration is current, and to produce those records immediately on 25 request; 26 (4) the person is enrolled in and is in compliance with or has 27 successfully completed the alcoholism screening, evaluation, referral, and program 28 requirements of the Department of Health and Social Services under AS 28.35.030(h); 29 (5) the person provides proof of insurance as required by AS 28.20.230 30 and 28.20.240; [AND] 31 (6) the person has not previously been convicted of violating the

01 limitations of an ignition interlock limited license or been convicted of violating the 02 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 03 sections; and 04 (7) the person complies with a program established under 05 AS 47.38.020. 06 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. AS 28.15.201(d), as amended by sec. 1 of this Act, applies to 09 limited license privileges granted on or after the effective date of sec. 1 of this Act.