00 SENATE CS FOR 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, 28.35.032, or a similar municipal ordinance or as a condition of
10 probation or parole from a conviction under AS 28.35.030, 28.35.032, or a similar
11 municipal ordinance. The privilege to purchase alcoholic beverages is restricted during
12 the period that the person is required to refrain from consuming alcoholic beverages
13 under the sentence or condition of probation or parole. A person whose privilege to
14 purchase alcohol has been restricted shall be required to pay an enhanced fee to have a
15 driver's license or identification card issued with the information required under
16 AS 28.15.111(a)(6).
17 (b) A court imposing a restriction on a person under (a) of this section, and the
18 Department of Corrections, shall notify the person that an identification card issued
19 under AS 18.65.310 must list the restriction imposed for the period of the person's
20 probation or parole.
21 * Sec. 3. AS 04.21.050(b) is amended to read:
22 (b) Except as provided in AS 04.16.160, a [A] valid driver's license or a
23 valid identification card is acceptable as proof of age when used for identification in
24 the purchase of alcoholic beverages and for securing entry to and remaining on
25 premises where alcoholic beverages are sold if the license or identification card is
26 made of or encased in plastic and contains a photograph of the licensee [LICENSE] or
27 card holder and a statement of age or date of birth.
28 * Sec. 4. AS 18.65.310 is amended by adding new subsections to read:
29 (h) The department shall cancel the identification card of a person on whom a
30 restriction has been imposed under AS 04.16.160 unless the person's identification
31 card contains the information required by (i) of this section. A cancellation under this
01 subsection remains in effect only during the period of time that the privilege to
02 purchase alcoholic beverages is restricted under AS 04.16.160.
03 (i) The department shall, to the extent it is able, mark the identification card of
04 an applicant whose privilege to purchase alcohol is restricted under AS 04.16.160 in
05 the same manner required for a driver's license under AS 28.15.111. A person who has
06 received a marked identification card under this subsection may apply for an
07 unmarked card when the period of restriction under AS 04.16.160 has expired.
08 (j) The department may by regulation set a fee for issuance of an identification
09 card under (i) of this section. The fee must meet the requirements of AS 04.16.160.
10 * Sec. 5. AS 28.15.111(a) is amended to read:
11 (a) Upon successful completion of the application and all required
12 examinations, and upon payment of the required fee, the department shall issue to
13 every qualified applicant a driver's license indicating the type or general class of
14 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a
15 distinguishing number assigned to the license; (2) display the licensee's full name,
16 address, date of birth, brief physical description, and color photograph; (3) display
17 either a facsimile of the signature of the licensee or a space upon which the licensee
18 must write the licensee's usual signature with pen and ink; (4) display a holographic
19 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a
20 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and
21 (6) to the extent the department is able, be designed to allow the electronic
22 reading and electronic display of the information described under (2) of this
23 subsection and the electronic reading and display and a physical display on the
24 license of the letters "COAR" if the person's privilege to purchase alcohol has
25 been restricted under AS 04.16.160. A license may not display the licensee's social
26 security number and is not valid until signed by the licensee. If facilities are not
27 available for the taking of the photograph required under this section, the department
28 shall endorse on the license, the words "valid without photograph." In this subsection,
29 "COAR" is an abbreviation for "court ordered alcohol restriction."
30 * Sec. 6. AS 28.15.161(a) is amended to read:
31 (a) The department shall cancel a driver's license upon determination that
01 (1) the licensee is not medically or otherwise entitled to the issuance or
02 retention of the license, or has been adjudged incompetent to drive a motor vehicle;
03 (2) there is an error or defect in the license;
04 (3) the licensee failed to give the required or correct information in the
05 licensee's application; [OR]
06 (4) the license was obtained fraudulently; or
07 (5) the licensee is restricted from purchasing alcoholic beverages
08 under AS 04.16.160; if a license is cancelled under this paragraph, when a new
09 license is issued, it must reflect that restriction and the requirements of
10 AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect.
11 * Sec. 7. AS 28.15.191 is amended by adding new subsections to read:
12 (g) A court that has ordered a person to refrain from consuming alcoholic
13 beverages as part of a sentence for conviction of a crime under AS 28.35.030,
14 28.35.032, or a similar municipal ordinance or as a condition of probation or parole
15 following a conviction under those sections or a similar municipal ordinance shall
16 (1) require the surrender of the person's license and forward the license
17 to the department;
18 (2) report the order to the department within two days; and
19 (3) inform the person that the person's license is subject to cancellation
20 under AS 28.15.161 and, if the person is otherwise qualified to receive a license, when
21 the person obtains a new license the license must list the restriction imposed by
22 AS 04.16.160 for the period of probation or parole.
23 (h) The board of parole shall notify the department within two days whenever
24 a person has been ordered to refrain from consuming alcoholic beverages as a
25 condition of parole and shall inform the person that the person's license is subject to
26 cancellation under AS 28.15.161, and that, if the person is otherwise qualified to
27 receive a license, when the person obtains a new license the license must list the
28 restriction imposed by AS 04.16.160.
29 * Sec. 8. AS 28.15.271 is amended by adding a new subsection to read:
30 (e) The department may by regulation set a fee for issuance of a new license to
31 replace a license cancelled under AS 28.15.161(a)(5) because the person's privilege to
01 purchase alcoholic beverages under AS 04.16.160 has been restricted or revoked. The
02 fee must meet the requirements of AS 04.16.160.