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CSHB 190(FIN): "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license; and requiring the surrender and cancellation of driver's licenses under certain circumstances."

00                       CS FOR HOUSE BILL NO. 190(FIN)                                                                    
01 "An Act relating to the purchase of alcoholic beverages and to access to licensed                                       
02 premises; relating to civil liability for certain persons accessing licensed premises;                                  
03 requiring driver's licenses and identification cards to be marked if a person is restricted                             
04 from consuming alcoholic beverages as a result of a conviction or condition of probation                                
05 or parole and relating to fees for the marked license; and requiring the surrender and                                  
06 cancellation of driver's licenses under certain circumstances."                                                         
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 04.16 is amended by adding a new section to read:                                                  
09            Sec. 04.16.047. Access of persons with restricted privileges. (a) A person                                 
10       who is not privileged to purchase alcohol under AS 04.16.160 may not knowingly                                    
11       enter or remain in premises licensed under this title to obtain or consume alcohol.                               
12            (b)  A licensee may bring a civil action against a person who violates this                                  
13       section if the violation occurs on the premises of that licensee. If judgment is entered                          
01       in favor of the licensee, the court shall award civil damages in the amount of $1,000                             
02       and award reasonable costs and reasonable attorney fees allowed under the Alaska                                  
03       Rules of Civil Procedure.                                                                                         
04    * Sec. 2. AS 04.16 is amended by adding a new section to read:                                                     
05            Sec. 04.16.160. Privilege to purchase alcoholic beverages. (a) Except as                                   
06       otherwise provided by law, a person who is 21 years of age or older has a privilege to                            
07       purchase alcoholic beverages, unless the person has been ordered to refrain from                                  
08       consuming alcoholic beverages as part of a sentence for conviction of a crime under                               
09       AS 28.35.030 or 28.35.032 or as a condition of probation or parole from a conviction                              
10       under AS 28.35.030 or 28.35.032. A person whose privilege to purchase alcohol has                                 
11       been restricted shall be required to pay an enhanced fee to have a driver's license or                            
12       identification card issued with the information required under AS 28.15.111(a)(6).                                
13            (b)  A court imposing a restriction on a person under (a) of this section, and the                           
14       Department of Corrections, shall notify the person that an identification card issued                             
15       under AS 18.65.310 must list the restriction imposed for the period of the person's                               
16       probation or parole.                                                                                              
17    * Sec. 3. AS 04.21.050(b) is amended to read:                                                                      
18            (b)  Except as provided in AS 04.16.160, a [A] valid driver's license or a                               
19       valid identification card is acceptable as proof of age when used for identification in                           
20       the purchase of alcoholic beverages and for securing entry to and remaining on                                    
21       premises where alcoholic beverages are sold if the license or identification card is                              
22       made of or encased in plastic and contains a photograph of the licensee [LICENSE] or                          
23       card holder and a statement of age or date of birth.                                                              
24    * Sec. 4. AS 18.65.310 is amended by adding  new subsections to read:                                              
25            (h)  The department shall cancel the identification card of a person on whom a                               
26       restriction has been imposed under AS 04.16.160 unless the person's identification                                
27       card contains the information required by (i) of this section.                                                    
28            (i)  The department shall, to the extent it is able, mark the identification card of                         
29       an applicant whose privilege to purchase alcohol has been restricted under                                        
30       AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111.                               
31            (j)  The department may by regulation set a fee for issuance of an identification                            
01       card under (i) of this section. The fee must meet the requirements of AS 04.16.160.                               
02    * Sec. 5. AS 28.15.111(a) is amended to read:                                                                      
03            (a)  Upon successful completion of the application and all required                                          
04       examinations, and upon payment of the required fee, the department shall issue to                                 
05       every qualified applicant a driver's license indicating the type or general class of                              
06       vehicles that the licensee may drive. The license must [DISPLAY] (1) display a                                
07       distinguishing number assigned to the license; (2) display the licensee's full name,                          
08       address, date of birth, brief physical description, and color photograph; (3) display                         
09       either a facsimile of the signature of the licensee or a space upon which the licensee                            
10       must write the licensee's usual signature with pen and ink; (4) display a holographic                         
11       symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a                        
12       qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and                         
13       (6) to the extent the department is able, be designed to allow the electronic                                 
14       reading and electronic display of the information described under (2) of this                                 
15       subsection and the electronic reading and display and a physical display on the                               
16       license of the letters "ROC" if the person's privilege to purchase alcohol has been                           
17       restricted under AS 04.16.160. A license may not display the licensee's social                                
18       security number and is not valid until signed by the licensee. If facilities are not                              
19       available for the taking of the photograph required under this section, the department                            
20       shall endorse on the license, the words "valid without photograph." In this subsection,                       
21       "ROC" is an abbreviation for "restriction on consumption."                                                    
22    * Sec. 6. AS 28.15.161(a) is amended to read:                                                                      
23            (a)  The department shall cancel a driver's license upon determination that                                  
24                 (1)  the licensee is not medically or otherwise entitled to the issuance or                             
25       retention of the license, or has been adjudged incompetent to drive a motor vehicle;                              
26                 (2)  there is an error or defect in the license;                                                        
27                 (3)  the licensee failed to give the required or correct information in the                             
28       licensee's application; [OR]                                                                                      
29                 (4)  the license was obtained fraudulently; or                                                      
30                 (5)  the licensee has been restricted from purchasing alcoholic                                     
31       beverages under AS 04.16.160; if a license is cancelled under this paragraph,                                 
01       when a new license is issued, it must reflect that restriction and the requirements                           
02       of AS 28.15.111.                                                                                              
03    * Sec. 7. AS 28.15.191 is amended by adding new subsections to read:                                               
04            (g)  A court that has ordered a person to refrain from consuming alcoholic                                   
05       beverages as part of a sentence for conviction of a crime under AS 28.35.030 or                                   
06       28.35.032 or as a condition of probation or parole following a conviction under those                             
07       sections shall                                                                                                    
08                 (1)  require the surrender of the person's license and forward the license                              
09       to the department;                                                                                                
10                 (2)  report the order to the department within two days; and                                            
11                 (3)  inform the person that the person's license is subject to cancellation                             
12       under AS 28.15.161 and, if the person is otherwise qualified to receive a license, when                           
13       the person obtains a new license the license must list the restriction imposed by                                 
14       AS 04.16.160 for the period of probation or parole.                                                               
15            (h)  The board of parole shall notify the department within two days whenever                                
16       a person has been ordered to refrain from consuming alcoholic beverages as a                                      
17       condition of parole and shall inform the person that the person's license is subject to                           
18       cancellation under AS 28.15.161, and that, if the person is otherwise qualified to                                
19       receive a license, when the person obtains a new license the license must list the                                
20       restriction imposed by AS 04.16.160.                                                                              
21    * Sec. 8. AS 28.15.271 is amended by adding a new subsection to read:                                              
22            (e)  The department may by regulation set a fee for issuance of a new license to                             
23       replace a license cancelled under AS 28.15.161(a)(5) because the person's privilege to                            
24       purchase alcoholic beverages under AS 04.16.160 has been restricted or revoked. The                               
25       fee must meet the requirements of AS 04.16.160.