SCS HB 11(RLS): "An Act relating to driver's licensing; and providing for an effective date."
00SENATE CS FOR HOUSE BILL NO. 11(RLS) 01 "An Act relating to driver's licensing; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.031(a) is amended to read: 04 (a) The department may not issue a driver's license to a person who is 05 (1) under the age of 16 years, except that the department may issue a 06 permit under AS 28.15.051 or a restricted license under AS 28.15.121 ; or 07 (2) at least 16 years of age but not yet 18 years of age unless the 08 person meets the requirements of AS 28.15.057 . 09 * Sec. 2. AS 28.15.051(a) is amended to read: 10 (a) Except as provided in (b) of this section, a person who is at least 14 years 11 of age may apply to the department for an instruction permit. The department may, 12 after the applicant has successfully passed all parts of the examination under 13 AS 28.15.081 other than the driving test, issue to the applicant an instruction permit. 14 The permit allows a person, while having the permit in the person's immediate
01 possession, to drive a specified type or class of motor vehicle on a highway or 02 vehicular way or area for a period not to exceed two years. The permittee shall 03 [MUST] be accompanied by a person at least 21 [19] years of age who has been 04 licensed at least one year to drive the type or class of vehicle being used, who is 05 capable of exercising control over the vehicle and who occupies a seat beside the 06 driver, or who accompanies and immediately supervises the driver when the permittee 07 drives a motorcycle. An instruction permit may be renewed. 08 * Sec. 3. AS 28.15 is amended by adding new sections to read: 09 Sec. 28.15.055. Provisional driver's license. Upon application, the 10 department may issue a provisional driver's license to a person who is at least 16 years 11 of age but not yet 18 years of age if the person has been licensed under an instruction 12 permit issued under AS 28.15.051 or under the law of another state with substantially 13 similar requirements for at least six months. 14 Sec. 28.15.057. Restrictions on driver's license issued to a person under 18. 15 Except as provided under AS 28.15.051, a person who is at least 16 years of age but 16 not yet 18 years of age may not be issued a driver's license unless the person has been 17 licensed under an instruction permit issued under AS 28.15.051 for at least six months 18 and has held a valid provisional driver's license issued under AS 28.15.055 for at least 19 one year. 20 * Sec. 4. AS 28.15.183(f) is amended to read: 21 (f) A revocation imposed under this section shall be consecutive to a 22 revocation imposed under another provision of law, except that a revocation imposed 23 under this section for an offense for which a revocation is required under 24 AS 28.15.185 shall be concurrent with a revocation imposed under AS 28.15.185 that 25 is based on the same incident. A department hearing officer may grant limited license 26 privileges in accordance with the standards set out in AS 28.15.201 to a person whose 27 driver's license, permit, or privilege was revoked under this section. 28 * Sec. 5. AS 28.15.183(g) is amended to read: 29 (g) Except as provided under (h) of this section, the department may not issue 30 a new license or reissue a license to a person whose driver's license, permit, or 31 privilege to drive has been revoked under this section unless the person is enrolled in
01 and is in compliance with, or has successfully completed , 02 (1) an alcoholism education or rehabilitation treatment program 03 approved under AS 47.37 , if the revocation resulted from possession or consumption 04 of alcohol in violation of AS 04.16.050 or a municipal ordinance with substantially 05 similar elements, from operating a vehicle after consuming alcohol in violation of 06 AS 28.35.280, or from refusal to submit to a chemical test of breath in violation of 07 AS 28.35.285; or 08 (2) a drug education or rehabilitation treatment program, if the 09 revocation resulted from possession or use of a controlled substance in violation of 10 AS 11.71 or a municipal ordinance with substantially similar elements. 11 * Sec. 6. AS 28.15.185(a) is amended to read: 12 (a) A person who is at least 13 years of age but not older than 17 years of age 13 is subject to revocation, under (b) of this section, of the person's driver's license, 14 privilege to drive, or privilege to obtain a license if the person [WHO] is convicted 15 of or [WHO] is adjudicated a delinquent minor by a [JUVENILE] court for [OF] 16 (1) misconduct involving a controlled substance under AS 11.71 or a 17 municipal ordinance with substantially similar elements; or 18 (2) [POSSESSION OR CONSUMPTION OF ALCOHOL UNDER 19 AS 04.16.050 OR A MUNICIPAL ORDINANCE WITH SUBSTANTIALLY 20 SIMILAR ELEMENTS; OR 21 (3)] an offense involving the illegal use or possession of a firearm that 22 is punishable under AS 11 or a municipal ordinance with substantially similar elements 23 [IS SUBJECT TO REVOCATION OF THE PERSON'S DRIVER'S LICENSE, 24 PRIVILEGE TO DRIVE, OR PRIVILEGE TO OBTAIN A LICENSE UNDER (b) OF 25 THIS SECTION]. 26 * Sec. 7. AS 28.15.185(c) is amended to read: 27 (c) When a person described in (a) of this section has been convicted of 28 or adjudicated a delinquent minor for [UPON CONVICTION OR ADJUDICATION 29 OF] an offense listed in (a) of this section, the court may, upon petition of the person, 30 review the revocation and may restore the driver's license, except a court may not 31 restore the driver's license until
01 (1) at least one-half of the period of revocation imposed under this 02 section has expired; and 03 (2) the person has taken and successfully completed a state approved 04 program of drug education or rehabilitation if convicted or adjudicated of misconduct 05 involving a controlled substance under AS 11.71 or a municipal ordinance with 06 substantially similar elements [, OR ALCOHOL EDUCATION OR 07 REHABILITATION IF CONVICTED OR ADJUDICATED OF POSSESSION OR 08 CONSUMPTION OF ALCOHOL UNDER AS 04.16.050 OR A MUNICIPAL 09 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS]; however, this 10 paragraph does not apply to a person who resides in an area that does not offer a state 11 approved drug [OR ALCOHOL] education or rehabilitation program or a person that 12 the court determines does not need [ALCOHOL OR] drug education or rehabilitation. 13 * Sec. 8. AS 28.15.211(d) is amended to read: 14 (d) At the end of a period of revocation or limitation following a revocation, 15 a person whose driver's license has been revoked may apply to the department for the 16 issuance of a new license, but shall submit to reexamination, pay all required fees 17 including a reinstatement fee, and , if the license was revoked under AS 28.15.181(a)(5) 18 or (8), submit proof of 19 (1) enrollment in and compliance with or completion of an alcoholism 20 education and rehabilitation treatment program approved under AS 47.37 if the 21 person was sentenced under AS 28.15.181(c)(1); or 22 (2) completion of and payment for an alcoholism education and 23 rehabilitation treatment program approved under AS 47.37 if the person was 24 convicted under AS 28.15.181(c)(2) - (4). 25 * Sec. 9. AS 28.15.241(b) is amended to read: 26 (b) In addition to (a) of this section, two points shall be deducted from the 27 assessed total upon the driver's furnishing to the department adequate proof of 28 successful completion, within 12 months of the date of the driver's last violation, of 29 a driver improvement course approved by the department or an alcohol information 30 course approved by the Department of Health and Social Services, except that 31 (1) not [. NO] more than one driver improvement or one alcohol
01 information course may be used to obtain a reduction in points in any 12-month 02 period ; and 03 (2) a driver improvement course for a person under 21 years of age 04 must be a course that is designed to benefit persons under 21 years of age and 05 must be certified by a national organization . 06 * Sec. 10. AS 28.15.253 is amended to read: 07 Sec. 28.15.253. Driver improvement or alcohol information courses 08 [COURSE]. Upon conviction of a violation of a traffic law that results in a driver 09 accumulating six or more points from offenses committed during any consecutive 12- 10 month period or nine or more points from offenses committed during any 24-month period, 11 (1) on request of the department , the court may, in addition to any other penalty authorized 12 by law, require the driver to successfully complete a driver improvement course approved by 13 the department or an alcohol information course approved by the Department of Health 14 and Social Services within a period of time prescribed by the court ; and (2) the department 15 shall require a person licensed under a provisional license to complete a driver 16 improvement course approved by the department within a time period prescribed by the 17 department. A driver improvement course approved under this section for a person who 18 is under 21 years of age must be a course that is designed to benefit persons under 21 19 years of age and must be certified by a national organization . The department may 20 suspend, revoke, or deny the driver's license of a person who fails to successfully complete 21 the driver improvement course or the alcohol information course required by the court under 22 this section within the prescribed time period. 23 * Sec. 11. AS 28.40.100(a)(8) is amended to read: 24 (8) "driver's license" or "license," when used in relation to driver 25 licensing, means a license , provisional license, or permit to drive a motor vehicle, or 26 the privilege to drive or to obtain a license to drive a motor vehicle, under the laws 27 of this state [,] whether or not a person holds a valid license issued in this or another 28 jurisdiction; 29 * Sec. 12. AS 47.37.040(14) is amended to read: 30 (14) cooperate with the Department of Public Safety and the 31 Department of Transportation and Public Facilities in establishing and conducting
01 programs designed to deal with the problem of persons operating motor vehicles while 02 intoxicated or under the influence of drugs , and develop and approve alcohol 03 information courses required to be taken by drivers under AS 28.15 or made 04 available to drivers to reduce points assessed for violation of traffic laws ; 05 * Sec. 13. AS 47.37.045(c) is amended to read: 06 (c) Community action against substance abuse grant funds awarded under this 07 section may be used for 08 (1) Police-In-School Liaison programs staffed by officers that are 09 certified by the Alaska Police Standards Council; 10 (2) technical assistance for neighborhood based substance abuse 11 prevention or treatment programs; 12 (3) coordinators for court ordered community service; 13 (4) preventative or educational programs for youth that involve the 14 community, parents, youth, and local schools; 15 (5) programs or projects that the division determines are effective in 16 preventing or treating substance abuse at the community level; [OR] 17 (6) supervised youth recreation programs that focus on preventing or 18 treating substance abuse ; or 19 (7) youth assessment and referral programs that provide substance 20 abuse screening services to and monitor compliance for a minor required to 21 participate in an alcoholism or drug education or rehabilitation treatment 22 program under AS 28.15.183 or before the minor's driver's license may be 23 reinstated under AS 28.15.211 . 24 * Sec. 14. APPLICABILITY. Sections 4, 6, and 7 of this Act apply to offenses committed 25 on or after the effective date of this Act. However, references to previous convictions include 26 violations and offenses committed on, before, or after the effective date of this Act. 27 * Sec. 15. This Act takes effect January 1, 1999.