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CSSB 194(STA): "An Act relating to penalties and civil damages for certain alcohol violations."

00                       CS FOR SENATE BILL NO. 194(STA)                                                                   
01 "An Act relating to penalties and civil damages for certain alcohol violations."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 04.16.049(e) is amended to read:                                                                   
04            (e)  A licensee may bring a civil action against a person who violates this                                  
05       section if the violation occurs on the premises of that licensee. If judgment is entered                          
06       in favor of the licensee, the court shall award civil damages in the amount of $1,500                         
07       [$1,000] and award reasonable costs and reasonable attorney fees allowed under the                                
08       Alaska Rules of Civil Procedure.                                                                                  
09    * Sec. 2. AS 04.16.065(a) is amended to read:                                                                      
10            (a)  A person who has attained 18 years of age, or an emancipated minor, who                                 
11       violates AS 04.16.060 is, in addition to any criminal penalty provided by law, liable in                          
12       a civil action to the licensee for a penalty of $1,500 [$1,000] plus costs and reasonable                     
13       attorney fees.                                                                                                    
14    * Sec. 3. AS 04.16.180 is amended by adding a new subsection to read:                                              
15            (e)  In addition to other penalties provided in this chapter, the court may                                  
01       require a person convicted of an offense under this chapter who was less than 21 years                            
02       of age at the time the person committed the offense to pay for and enroll in a juvenile                           
03       alcohol safety action program if one is available.                                                                
04    * Sec. 4. AS 04.21.080 is amended by adding a new paragraph to read:                                               
05                 (18)  "juvenile alcohol safety action program" means                                                    
06                      (A)  a juvenile alcohol safety action program developed and                                        
07            implemented or approved by the Department of Health and Social Services                                      
08            under AS 47.37;                                                                                              
09                      (B)  any other alcohol education or treatment program approved                                     
10            by the Department of Health and Social Services under AS 47.37 if a program                                  
11            described in (A) of this paragraph is not available in the community in which                                
12            the person resides; or                                                                                       
13                      (C)  a program or counseling approved by the court if a program                                    
14            or treatment described in (A) of this paragraph is not available in the                                      
15            community where the person resides.                                                                          
16    * Sec. 5. AS 04.16.050(l)(2) is repealed.