00 SENATE BILL NO. 114 01 "An Act relating to avoidance of ignition interlock device; relating to the limitation of 02 drivers' licenses; relating to the administrative suspension of drivers' licenses; relating 03 to suspension of a license until a judgment is stayed or satisfied; and relating to driving 04 while under the influence." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 11.76.140(a) is amended to read: 07 (a) A person commits the crime of avoidance of ignition interlock device or  08 remote continuous alcohol monitoring technology if the person knowingly 09 (1) circumvents or tampers with 10 (A) an ignition interlock device in a manner intended to allow a 11 person on probation under AS 12.55.102, with a condition of sentence under 12 AS 12.55.102 or another section, or who has an ignition interlock limited 13 license to avoid using the device; or  14 (B) remote continuous alcohol monitoring technology in a  01 manner intended to allow a person who has a remote continuous alcohol  02 monitoring technology limited license to avoid using the technology; 03 (2) rents a motor vehicle to a person and with criminal negligence 04 disregards the fact that the person is on probation under AS 12.55.102, has a condition 05 of sentence under AS 12.55.102 or another section, or has an ignition interlock limited 06 license, unless the vehicle is equipped with an ignition interlock device described in 07 AS 12.55.102; or 08 (3) loans a motor vehicle to a person and knowingly disregards the fact 09 that the person is on probation under AS 12.55.102, has a condition of sentence under 10 AS 12.55.102 or another section, or has an ignition interlock limited license, unless the 11 vehicle is equipped with an ignition interlock device described in AS 12.55.102. 12  * Sec. 2. AS 28.15.201(d) is amended to read: 13 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 14 a license under AS 28.15.181(c), or the department when revoking a driver's license, 15 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 16 limited license privileges if 17 (1) the revocation was for a misdemeanor conviction under 18 AS 28.35.030 or 28.35.032 or a similar municipal ordinance [AND NOT FOR A 19 VIOLATION OF AS 28.35.032]; 20 (2) the person 21 (A) has not been previously convicted and the limited license is 22 not granted during the first 30 days of the period of revocation; or 23 (B) has been previously convicted and the limited license is not 24 granted during the first 90 days of the period of revocation; 25 (3) the court [OR DEPARTMENT] requires the person to 26 (A) use an ignition interlock device during the period of the 27 limited license whenever the person operates a motor vehicle in a community 28 not included in the list published by the department under AS 28.22.011(b);  29 (B) use remote continuous alcohol monitoring technology;  30 or  31 (C) participate in a program established under  01 AS 47.38.020 [AND, WHEN APPLICABLE, 02 (A) THE PERSON PROVIDES PROOF OF INSTALLATION 03 OF THE IGNITION INTERLOCK DEVICE ON EVERY VEHICLE THE 04 PERSON OPERATES; 05 (B) THE PERSON SIGNS AN AFFIDAVIT 06 ACKNOWLEDGING THAT 07 (i) OPERATION BY THE PERSON OF A VEHICLE 08 THAT IS NOT EQUIPPED WITH AN IGNITION INTERLOCK 09 DEVICE IS SUBJECT TO PENALTIES FOR DRIVING WITH A 10 REVOKED LICENSE; 11 (ii) CIRCUMVENTING OR TAMPERING WITH 12 THE IGNITION INTERLOCK DEVICE IS A CLASS A 13 MISDEMEANOR; AND 14 (iii) THE PERSON IS REQUIRED TO MAINTAIN 15 THE IGNITION INTERLOCK DEVICE THROUGHOUT THE 16 PERIOD OF THE LIMITED LICENSE, TO KEEP UP-TO-DATE 17 RECORDS IN EACH VEHICLE SHOWING THAT ANY 18 REQUIRED SERVICE AND CALIBRATION IS CURRENT, AND 19 TO PRODUCE THOSE RECORDS IMMEDIATELY ON 20 REQUEST]; 21 (4) the person is enrolled in and is in compliance with or has 22 successfully completed the alcoholism screening, evaluation, referral, and program 23 requirements of the Department of Health and Social Services under AS 28.35.030(h); 24 (5) the person provides proof of insurance as required by AS 28.20.230 25 and 28.20.240; and 26 (6) the person has not previously been convicted of violating the 27 limitations of an ignition interlock limited license or remote continuous alcohol  28 monitoring technology or been convicted of violating the provisions of AS 28.35.030 29 or 28.35.032 while on probation for a violation of those sections. 30  * Sec. 3. AS 28.15.201(g) is amended to read: 31 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 01 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 02 department when revoking a driver's license, privilege to drive, or privilege to obtain a 03 license under AS 28.15.165(c), may grant limited license privileges if 04 (1) the revocation was for a felony conviction under AS 28.35.030 or  05 28.35.032; 06 (2) the person is participating in and has successfully participated for 07 at least six months in, or has successfully completed, a court-ordered treatment 08 program under AS 28.35.028, and submits verification acceptable to the department; 09 (3) the person provides proof of insurance as required by AS 28.20.230 10 and 28.20.240; 11 (4) the court requires the person [IS REQUIRED] to 12 (A) use an ignition interlock device during the period of the 13 limited license whenever the person operates a motor vehicle in a community 14 not included in the list published by the department under AS 28.22.011(b);  15 (B) use remote continuous alcohol monitoring technology;  16 or  17 (C) participate in a program established under  18 AS 47.38.020 [AND, WHEN APPLICABLE, 19 (A) THE PERSON PROVIDES PROOF OF INSTALLATION 20 OF THE IGNITION INTERLOCK DEVICE ON EVERY VEHICLE THE 21 PERSON OPERATES; 22 (B) THE PERSON SIGNS AN AFFIDAVIT 23 ACKNOWLEDGING THAT 24 (i) OPERATION BY THE PERSON OF A VEHICLE 25 THAT IS NOT EQUIPPED WITH AN IGNITION INTERLOCK 26 DEVICE IS SUBJECT TO PENALTIES FOR DRIVING WITH A 27 REVOKED LICENSE; 28 (ii) CIRCUMVENTING OR TAMPERING WITH 29 THE IGNITION INTERLOCK DEVICE IS A CLASS A 30 MISDEMEANOR; AND 31 (iii) THE PERSON IS REQUIRED TO MAINTAIN 01 THE IGNITION INTERLOCK DEVICE THROUGHOUT THE 02 PERIOD OF THE LIMITED LICENSE, TO KEEP UP-TO-DATE 03 RECORDS IN EACH VEHICLE SHOWING THAT ANY 04 REQUIRED SERVICE AND CALIBRATION IS CURRENT, AND 05 TO PRODUCE THOSE RECORDS IMMEDIATELY ON 06 REQUEST]; 07 (5) the person has not previously been granted a limited license under 08 this section and had the license revoked under (j) of this section. 09  * Sec. 4. AS 28.15.201(j) is amended to read: 10 (j) The court or the department may immediately revoke a limited license 11 granted under (g) of this section if the person is convicted of a violation of 12 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 13 or if the person is not in compliance with a court-ordered treatment program under 14 AS 28.35.028, [OR] a rehabilitative treatment program under (h) of this section, or a  15 court-ordered program established under AS 47.38.020. 16  * Sec. 5. AS 28.15.201 is amended by adding a new subsection to read: 17 (k) If, under (d)(3) or (g)(4) of this section, the court orders a person to use an 18 ignition interlock device whenever the person operates a motor vehicle in a 19 community not included in the list published by the department under 20 AS 28.22.011(b), the court shall require the person to 21 (1) provide proof of installation of the ignition interlock device on 22 every vehicle the person operates; 23 (2) sign an affidavit acknowledging that 24 (A) operation by the person of a vehicle that is not equipped 25 with an ignition interlock device is subject to penalties for driving with a 26 revoked license; 27 (B) circumventing or tampering with the ignition interlock 28 device is a class A misdemeanor; and 29 (C) the person is required to maintain the ignition interlock 30 device throughout the period of the limited license, to keep up-to-date records 31 in each vehicle showing that any required service and calibration is current, 01 and to produce those records immediately upon request. 02  * Sec. 6. AS 28.20.330(b) is amended to read: 03 (b) The proof required by (a) of this section shall be maintained for 10 years  04 from the date the judgment is stayed or satisfied [DURING THE PERIOD THE 05 PERSON HAS A LICENSE OR NONRESIDENT'S OPERATING PRIVILEGE]. 06  * Sec. 7. AS 28.22.041(a) is amended to read: 07 (a) If [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, IF] a person 08 fails to provide proof required under AS 28.22.021 and 28.22.031, the department 09 shall suspend the driver's license of that person until the person files proof of  10 financial responsibility for the future under AS 28.20 [FOR THE FOLLOWING 11 PERIODS: 12 (1) NOT LESS THAN 90 DAYS IF, WITHIN THE PRECEDING 10 13 YEARS, THE PERSON HAS NOT HAD A DRIVER'S LICENSE SUSPENDED 14 FOR VIOLATION OF AS 28.22.011 OR FORMER AS 28.22.200; 15 (2) NOT LESS THAN ONE YEAR IF, WITHIN THE PRECEDING 16 10 YEARS, THE PERSON HAS HAD A DRIVER'S LICENSE SUSPENDED ONE 17 OR MORE TIMES FOR VIOLATION OF AS 28.22.011 OR FORMER 18 AS 28.22.200]. 19  * Sec. 8. AS 28.22.041(e) is repealed and reenacted to read: 20 (e) After the termination of a suspension imposed under (a) of this section, the 21 person may apply for a new license under AS 28.15.211(c). 22  * Sec. 9. AS 28.22.041(g) is amended to read: 23 (g) Upon receipt of an oral or written answer from the licensee, the department 24 shall make findings on the matter under consideration within 15 days and shall notify 25 the person involved of its decision in writing by certified, [OR] registered, or  26 electronic mail. If the department's decision is to sustain an action against the 27 licensee's driver's license, the department shall notify the licensee of the opportunity 28 for a hearing under AS 28.05.121 - 28.05.141. Suspension of a person's license is 29 stayed until final disposition of the hearing under this section. 30  * Sec. 10. AS 28.22.061(a) is amended to read: 31 (a) A person whose license is suspended under AS 28.22.041 shall file proof 01 of financial responsibility for the future under AS 28.20 before full driving privileges 02 may be restored [OR LIMITED LICENSE PRIVILEGES ARE GRANTED UNDER 03 AS 28.22.041(c)]. 04  * Sec. 11. AS 28.35.030(o) is amended to read: 05 (o) Upon request, the department shall review a driver's license revocation 06 imposed under (n)(3) of this section and 07 (1) may restore the driver's license if 08 (A) the license has been revoked for a period of at least 10 09 years; 10 (B) the person has not been convicted of a violation of  11 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another  12 jurisdiction [DRIVING-RELATED CRIMINAL OFFENSE] since the license 13 was revoked; and 14 (C) the person provides proof of financial responsibility; 15 (2) shall restore the driver's license if 16 (A) the person has been granted limited license privileges 17 under AS 28.15.201(g) and has successfully driven under that limited license 18 for three years without having the limited license privileges revoked; 19 (B) the person has successfully completed a court-ordered 20 treatment program under AS 28.35.028 or a rehabilitative treatment program 21 under AS 28.15.201(h); 22 (C) the person has not been convicted of a violation of 23 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 24 jurisdiction since the license was revoked; 25 (D) the person is otherwise eligible to have the person's driving 26 privileges restored as provided in AS 28.15.211; in an application under this 27 subsection, a person whose license was revoked for a violation of 28 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 29 required under AS 28.35.030(h) or 28.35.032(l); and 30 (E) the person provides proof of financial responsibility. 31  * Sec. 12. AS 28.35.032(q) is amended to read: 01 (q) Upon request, the department shall review a driver's license revocation 02 imposed under (p)(3) of this section and may restore the driver's license if 03 (1) the license has been revoked for a period of at least 10 years; 04 (2) the person has not been convicted of a violation of AS 28.35.030  05 or 28.35.032 or a similar law in this or another jurisdiction [CRIMINAL 06 OFFENSE] since the license was revoked; and 07 (3) the person provides proof of financial responsibility. 08  * Sec. 13. AS 28.22.041(c), 28.22.041(d), and 28.22.041(h) are repealed. 09  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. (a) AS 28.15.201(d), as amended by sec. 2 of this Act, 12 AS 28.15.201(g), as amended by sec. 3 of this Act, AS 28.15.201(j), as amended by sec. 4 of 13 this Act, AS 28.15.201(k), enacted by sec. 5 of this Act, AS 28.35.030(o), as amended by sec. 14 11 of this Act, and AS 28.35.032(q), as amended by sec. 12 of this Act, apply to revocations 15 of a driver's license, privilege to drive, or privilege to obtain a license occurring before, on, or 16 after the effective date of secs. 2 - 5, 11, and 12 of this Act, for conduct occurring before, on, 17 or after the effective date of secs. 2 - 5, 11, and 12 of this Act. 18 (b) AS 28.20.330(b), as amended by sec. 6 of this Act, AS 28.22.041(a), as amended 19 by sec. 7 of this Act, AS 28.22.041(e), as repealed and reenacted by sec. 8 of this Act, and 20 AS 28.22.041(g), as amended by sec. 9 of this Act, apply to suspensions of a driver's license 21 occurring before, on, or after the effective date of secs. 6 - 9 of this Act, for conduct occurring 22 before, on, or after the effective date of secs. 6 - 9 of this Act. 23 (c) AS 11.76.140(a), as amended by sec. 1 of this Act, applies to offenses committed 24 on or after the effective date of sec. 1 of this Act.