00 HOUSE BILL NO. 138 01 "An Act relating to limitations on a drivers' license; imposing a limited license 02 fee; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.201(d) is amended to read: 05  (d) A court revoking a driver's license under AS 28.15.181(c), or the 06 department [A HEARING OFFICER] revoking a driver's license under 07 AS 28.15.165(c), may grant limited license privileges if (1) the court or the 08 department [HEARING OFFICER] determines that the person's ability to earn a 09 livelihood would be severely impaired; (2) a limitation under (a) of this section can 10 be placed on the license that will enable the person to earn a livelihood without 11 excessive danger to the public; and (3) the court or the department [HEARING 12 OFFICER] determines that the person has successfully completed an alcoholism 13 education and rehabilitation treatment program and the cost of the program has been 14 paid. Limited license privileges may only be granted to the person for the final 60 01 days during which the license was revoked if the person has not been previously 02 convicted more than once, for the final two years during which the license was 03 revoked if the person has not been previously convicted more than twice, and for the 04 final five years during which the license was revoked if the person has not been 05 previously convicted more than five times. The court or the department [HEARING 06 OFFICER] may not grant limited license privileges if the person has been previously 07 convicted more than five times. 08 * Sec. 2. AS 28.15.201(e) is repealed and reenacted to read: 09  (e) Notwithstanding (d) of this section, a court revoking a driver's license 10 under AS 28.15.181(c), or the department revoking a driver's license under 11 AS 28.15.165(c), may grant limited license privileges for the period specified under 12 (g) of this section to a person who has been previously convicted if 13  (1) the court or the department determines that the person's ability to 14 earn a livelihood would be severely impaired and a limitation under (a) of this section 15 can be placed on the license that will enable the person to earn a livelihood without 16 excessive danger to the public; 17  (2) the offense for which the license was revoked occurred before 18 January 1, 1991; and 19  (3) the court or the department determines that the person has 20 successfully completed an alcoholism education and rehabilitation treatment program 21 and the cost of the program has been paid. 22 * Sec. 3. AS 28.15.201 is amended by adding new subsections to read: 23  (g) If the person qualifies under (e) of this section, a court or the department 24 may grant limited license privileges for the final 25  (1) 60 days during which the license was revoked if the person has 26 been previously convicted once and not more than once; 27  (2) seven years during which the license was revoked if the revocation 28 is for the person's third conviction; or 29  (3) five years during which the license was revoked if the person has 30 been previously convicted three, four, or five times and not more than five times. 31  (h) If a person has been previously convicted and under the provisions of (d) 01 or (e) of this section the person is eligible for more than one period of limited license 02 privileges, the limited license eligibility periods shall be combined and the court or the 03 department may grant limited license privileges for the combined period. A combined 04 period of limited license eligibility may not commence until the accumulated periods 05 of any license revocations have been completed. 06  (i) A person may not apply for a limited license under this section if the 07 person is more than 180 days from being eligible for the limited license. 08 * Sec. 4. AS 28.15.271(b) is amended to read: 09  (b) In addition to the fees under (a) of this section, 10  (1) a person who renews a driver's license by mail shall pay [BE 11 CHARGED] a fee of $1; and 12  (2) a person who applies for a limited driver's license under 13 AS 28.15.201 shall pay a fee of $100. 14 * Sec. 5. Section 36, ch. 119, SLA 1990, is amended to read: 15  Sec. 36. APPLICABILITY. (a) Except as provided in (b) of this section, 16 the [THE] provisions of this Act apply to judicial proceeding and administrative 17 proceedings by the Department of Public Safety relating to offenses that are committed 18 after December 31, 1990. 19  (b) The limited license provisions contained in AS 28.15.201(d) and (e), 20 enacted in sec. 18 of this Act, apply to judicial proceedings and to administrative 21 proceedings by the Department of Public Safety, relating to offenses that are 22 committed before, on, or after December 31, 1990. 23 * Sec. 6. AS 28.15.201(d) and (e), as amended by secs. 1 and 2 of this Act, and 24 AS 28.15.201(g) - (i), as added by sec. 3 of this Act, apply, according to their terms, to 25 offenses committed before, on, or after the effective date of this Act. 26 * Sec. 7. Sections 1 - 3 and 5 of this Act are retroactive to January 1, 1991. 27 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).