SCS CSHB 151(FIN): "An Act relating to revocation and reinstatement of the driver's license of a person at least 14 years of age but not yet 21 years of age."
00SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) 01 "An Act relating to revocation and reinstatement of the driver's license of a 02 person at least 14 years of age 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, operated a vehicle after 10 consuming alcohol in violation of AS 28.35.280, or refused to submit to a chemical 11 test under AS 28.35.285, and the peace officer has cited the person or arrested the 12 person for the offense [A VIOLATION OF AS 11.71, AS 04.16.050, AS 28.35.280, 13 OR 28.35.285 OR THE MUNICIPAL ORDINANCE WITH SUBSTANTIALLY 14 SIMILAR ELEMENTS], the peace officer shall read a notice and deliver a copy to the
01 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 10 [SEVEN] days after it is delivered 07 to the 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 10 [SEVEN] days after 10 delivery of the notice to the person unless the person, within 10 [SEVEN] days, 11 requests an 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 10 [SEVEN] days after delivery to the person of 19 the 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 violated one of the offenses 23 described in (a) of this section [POSSESSED OR USED A CONTROLLED 24 SUBSTANCE IN VIOLATION OF AS 11.71, OR A MUNICIPAL ORDINANCE 25 WITH SUBSTANTIALLY SIMILAR ELEMENTS, OR POSSESSED OR 26 CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL 27 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, OPERATED A 28 VEHICLE AFTER CONSUMING ALCOHOL IN VIOLATION OF AS 28.35.280, OR 29 REFUSED TO SUBMIT TO A CHEMICAL TEST OF BREATH UNDER 30 AS 28.35.285]; 31 (2) that the peace officer has cited or arrested the person [OR
01 ARRESTED THE PERSON] for 02 (A) a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 03 28.35.285; or 04 (B) possession or use of a controlled substance or alcohol in 05 violation of a municipal ordinance with substantially similar elements; 06 (3) that notice under (a) of this section was provided to the person; and 07 (4) describing the circumstances surrounding the offense [VIOLATION 08 OF THE CONTROLLED SUBSTANCES PROVISIONS OF AS 11.71, THE 09 ALCOHOLIC BEVERAGES PROVISIONS OF AS 04.16.050, OR THE MUNICIPAL 10 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, THE MINOR 11 OPERATING A VEHICLE AFTER CONSUMING ALCOHOL UNDER 12 PROVISIONS OF AS 28.35.280, OR THE MINOR REFUSING TO SUBMIT TO A 13 CHEMICAL TEST OF BREATH UNDER PROVISIONS OF AS 28.35.285]. 14 * Sec. 3. AS 28.15.183(d) is amended to read: 15 (d) The department shall impose the revocation required under this section 16 (1) for a first revocation, for a period of 30 [90] days; 17 (2) for a second revocation, for a period of 60 days [ONE YEAR]; 18 [OR] 19 (3) for a third [OR SUBSEQUENT] revocation, for a period of 90 20 days; or 21 (4) for a fourth or subsequent revocation, for a period of one year 22 [THREE YEARS]. 23 * Sec. 4. AS 28.15.183(f) is amended to read: 24 (f) A revocation imposed under this section shall be consecutive to a 25 revocation imposed under another provision of law, except that (1) a revocation 26 imposed under this section shall be concurrent with a prior revocation imposed 27 under this section; and (2) a revocation imposed under this section for an offense 28 for which a revocation is required under AS 28.15.185 shall be concurrent with a 29 revocation imposed under AS 28.15.185 that is based on the same incident. A 30 [DEPARTMENT HEARING OFFICER MAY GRANT LIMITED LICENSE 31 PRIVILEGES IN ACCORDANCE WITH THE STANDARDS SET OUT IN
01 AS 28.15.201 TO A] person whose driver's license, permit, or privilege was revoked 02 for a period of at least 60 days under this section may apply for limited license 03 privileges under AS 28.15.201(d). A person whose driver's license, permit, or 04 privilege to drive was revoked for a period of more than one year under this 05 section may apply for reinstatement as provided under (j) of this section . 06 * Sec. 5. AS 28.15.183 is amended by adding a new section to read: 07 (j) A person whose driver's license, permit, or privilege was revoked under 08 this section may apply for reinstatement of the person's driver's license as provided in 09 this subsection. A person may apply to the department for reinstatement by filing a 10 written request for review of the revocation imposed under this section with the 11 department. The department shall issue a new license or reissue the person's driver's 12 license 13 (1) as provided under AS 28.15.211(d) if the department finds that 14 (A) the application for reinstatement is filed at least one year 15 after the person's license, permit, or privilege was revoked; 16 (B) the person complies with (g) of this section; and 17 (C) the person has not violated a provision of this title or a 18 regulation of the department since the revocation; or 19 (2) immediately if 20 (A) the offense described under (a) of this section for which the 21 person was cited or arrested is not prosecuted or the prosecution results in 22 dismissal by a court; or 23 (B) a court or jury finds that the person is not guilty of the 24 offense described under (a) of this section for which the person was cited or 25 arrested. 26 * Sec. 6. AS 28.15.184(b) is amended to read: 27 (b) A request for review of the department's revocation under AS 28.15.183 28 shall be made within 10 [SEVEN] days after receipt of the notice under AS 28.15.183 29 or the right to review is waived and the action of the department under 30 AS 28.15.183(c) is final. If a written request for a review is made after expiration of 31 the 10-day [SEVEN-DAY] period, and if it is accompanied by the applicant's verified
01 statement explaining the failure to make a timely request for a review, the department 02 shall receive and consider the request. If the department finds that the person was 03 unable to make a timely request because of lack of actual notice of the revocation or 04 because of factors of physical incapacity such as hospitalization or incarceration, the 05 department shall waive the period of limitation, reopen the matter, and grant the review 06 request. 07 * Sec. 7. APPLICABILITY. (a) Section 5 of this Act applies to a driver's license 08 revocation occurring before, on, or after the effective date of this Act. 09 (b) Sections 1 - 4 and 6 of this Act apply to a driver's license revocation for an 10 offense that occurs on or after the effective date of this Act.