CSHB 151(JUD): "An Act relating to revocation and reinstatement of the driver's license of a person at least 14 but not yet 21 years of age."
00CS FOR HOUSE BILL NO. 151(JUD) 01 "An Act relating to revocation and reinstatement of the driver's license of a 02 person at least 14 but not yet 21 years of age." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.183(a) is amended to read: 05 (a) If a peace officer has probable cause to believe that a person who is at 06 least 14 years of age but not yet 21 years of age has possessed or used a controlled 07 substance in violation of AS 11.71 [,] or a municipal ordinance with substantially 08 similar elements, [OR] possessed or consumed alcohol in violation of AS 04.16.050 09 or a municipal ordinance with substantially similar elements and the possession or 10 consumption occurred while occupying a motor vehicle , operated a vehicle after 11 consuming alcohol in violation of AS 28.35.280, or refused to submit to a chemical 12 test under AS 28.35.285, and the peace officer has cited the person or arrested the 13 person for a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 28.35.285 , or the 14 municipal ordinance with substantially similar elements, the peace officer shall read
01 a notice and deliver a copy to the person. The notice must advise that 02 (1) the department intends to revoke the person's driver's license or 03 permit, privilege to drive, or privilege to obtain a license or permit; 04 (2) the person has the right to administrative review of the revocation; 05 (3) if the person has a driver's license or permit, the notice itself is a 06 temporary driver's license or permit that expires seven days after it is delivered to the 07 person; 08 (4) revocation of the person's driver's license or permit, privilege to 09 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 10 of the notice to the person unless the person, within seven days, requests an 11 administrative review; 12 (5) if the person has been cited under AS 28.35.280 or under 13 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, 14 aircraft, or watercraft during the 24 hours following issuance of the citation. 15 * Sec. 2. AS 28.15.183(c) is amended to read: 16 (c) Unless the person has requested an administrative review, the department 17 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 18 obtain a license or permit, effective seven days after delivery to the person of the 19 notice required under (a) of this section, upon receipt of a sworn report of a peace 20 officer 21 (1) that the officer had probable cause to believe that the person is at 22 least 14 years of age but not yet 21 years of age and has possessed or used a 23 controlled substance in violation of AS 11.71 [,] or a municipal ordinance with 24 substantially similar elements, [OR] possessed or consumed alcohol in violation of 25 AS 04.16.050 or a municipal ordinance with substantially similar elements and the 26 possession or consumption occurred while occupying a motor vehicle , operated a 27 vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit to 28 a chemical test of breath under AS 28.35.285; 29 (2) that the peace officer has cited the person or arrested the person for 30 (A) a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 31 28.35.285; or
01 (B) possession or use of a controlled substance or alcohol in 02 violation of a municipal ordinance with substantially similar elements; 03 (3) that notice under (a) of this section was provided to the person; and 04 (4) describing the circumstances surrounding the violation of the 05 controlled substances provisions of AS 11.71, the alcoholic beverages provisions of 06 AS 04.16.050, or the municipal ordinance with substantially similar elements when the 07 possession or consumption of the alcohol occurred while occupying a motor 08 vehicle , the minor operating a vehicle after consuming alcohol [UNDER] provisions 09 of AS 28.35.280, or the minor refusing to submit to a chemical test of breath 10 [UNDER] provisions of AS 28.35.285. 11 * Sec. 3. AS 28.15.183(f) is amended to read: 12 (f) A revocation imposed under this section shall be consecutive to a 13 revocation imposed under another provision of law, except that (1) a revocation 14 imposed under this section shall be concurrent with a prior revocation imposed 15 under this section; and (2) a revocation for an offense for which a revocation is 16 required under AS 28.15.185 shall be concurrent with a revocation imposed under 17 AS 28.15.185 that is based on the same incident. A [DEPARTMENT HEARING 18 OFFICER MAY GRANT LIMITED LICENSE PRIVILEGES IN ACCORDANCE 19 WITH THE STANDARDS SET OUT IN AS 28.15.201 TO A] person whose driver's 20 license, permit, or privilege was revoked under this section may apply for limited 21 license privileges under AS 28.15.201(d) or reinstatement as provided under (j) 22 of this section . 23 * Sec. 4. AS 28.15.183(g) is amended to read: 24 (g) Except as provided under (h) of this section, the department may not issue 25 a new license or reissue a license to a person whose driver's license, permit, or 26 privilege to drive has been revoked under this section unless the person is enrolled in 27 and is in compliance with, or has successfully completed, 28 (1) an alcoholism education or rehabilitation treatment program 29 approved under AS 47.37, if the revocation resulted from possession or consumption 30 of alcohol in violation of AS 04.16.050 or a municipal ordinance with substantially 31 similar elements and the possession or consumption occurred while occupying a
01 motor vehicle , from operating a vehicle after consuming alcohol in violation of 02 AS 28.35.280, or from refusal to submit to a chemical test of breath in violation of 03 AS 28.35.285; or 04 (2) a drug education or rehabilitation treatment program, if the 05 revocation resulted from possession or use of a controlled substance in violation of 06 AS 11.71 or a municipal ordinance with substantially similar elements. 07 * Sec. 5. AS 28.15.183 is amended by adding a new section to read: 08 (j) A person whose driver's license, permit, or privilege was revoked under 09 this section may apply for reinstatement of the person's driver's license as provided in 10 this subsection. A person may apply to the department for reinstatement by filing a 11 written request for review of the revocation imposed under this section with the 12 department. The department shall issue a new license or reissue the person's driver's 13 license as provided under AS 28.15.211(d) if 14 (1) the application for reinstatement is filed at least two years after the 15 person's license, permit, or privilege was revoked; 16 (2) the person complies with (g) of this section; 17 (3) the person has not violated a provision of this title or a regulation 18 of the department since the revocation; and 19 (4) the license will allow the person to attend school, care for a 20 dependent child, or earn a livelihood without creating a danger to the public. 21 * Sec. 6. AS 28.15.184(g) is amended to read: 22 (g) The hearing for review of a revocation by the department under 23 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 24 of age but not yet 21 years of age and whether the person possessed or used a 25 controlled substance in violation of AS 11.71 or a municipal ordinance with 26 substantially similar elements, or possessed or consumed alcohol in violation of 27 AS 04.16.050 or a municipal ordinance with substantially similar elements and the 28 possession or consumption occurred while occupying a motor vehicle , operated a 29 vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit to 30 a chemical test of breath in violation of AS 28.35.285. 31 * Sec. 7. AS 28.15.219 is amended by adding a new paragraph to read:
01 (4) "possessed alcohol" means having physical possession of an 02 alcoholic beverage. 03 * Sec. 8. APPLICABILITY. Sections 2 - 6 of this Act apply to violations that occur on 04 or after the effective date of this Act.