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

00                       CS FOR SENATE BILL NO. 194(JUD)                                                                   
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 04.16.047(b) is amended to read:                                                                   
04            (b)  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 04.16.049(e) is amended to read:                                                                      
10            (e)  A licensee may bring a civil action against a person who violates this                                  
11       section if the violation occurs on the premises of that licensee. If judgment is entered                          
12       in favor of the licensee, the court shall award civil damages in the amount of $1,500                         
13       [$1,000] and award reasonable costs and reasonable attorney fees allowed under the                                
14       Alaska Rules of Civil Procedure.                                                                                  
15    * Sec. 3. AS 04.16.065(a) is amended to read:                                                                      
01            (a)  A person who has attained 18 years of age, or an emancipated minor, who                                 
02       violates AS 04.16.060 is, in addition to any criminal penalty provided by law, liable in                          
03       a civil action to the licensee for a penalty of $1,500 [$1,000] plus costs and reasonable                     
04       attorney fees.                                                                                                    
05    * Sec. 4. AS 04.16.180 is amended by adding a new subsection to read:                                              
06            (e)  In addition to other penalties provided in this chapter, the court may                                  
07       require a person convicted of an offense under this chapter who was less than 21 years                            
08       of age at the time the person committed the offense to pay for and enroll in a juvenile                           
09       alcohol safety action program if one is available.                                                                
10    * Sec. 5. AS 04.21.080 is amended by adding a new paragraph to read:                                               
11                 (18)  "juvenile alcohol safety action program" means                                                    
12                      (A)  a juvenile alcohol safety action program developed and                                        
13            implemented or approved by the Department of Health and Social Services                                      
14            under AS 47.37;                                                                                              
15                      (B)  any other alcohol education or treatment program approved                                     
16            by the Department of Health and Social Services under AS 47.37 if a program                                  
17            described in (A) of this paragraph is not available in the community in which                                
18            the person resides; or                                                                                       
19                      (C)  a program or counseling approved by the court if a program                                    
20            or treatment described in (A) of this paragraph is not available in the                                      
21            community where the person resides.                                                                          
22    * Sec. 6. AS 28.15.183(g) is amended to read:                                                                      
23            (g)  Except as provided under (h) of this section, the department may not issue                              
24       a new license or reissue a license to a person whose driver's license, permit, or                                 
25       privilege to drive has been revoked under this section unless the person, if required to                          
26       participate in a juvenile alcohol safety action program, as defined in AS 04.21.080                           
27       [AS 04.16.050], has successfully completed any education or treatment recommended.                                
28    * Sec. 7. AS 28.15.211(g) is amended to read:                                                                      
29            (g)  Except as provided under AS 28.15.183(h), the department may not issue a                                
30       new license or reissue a license to a person whose driver's license has been revoked                              
31       under AS 04.16.050, AS 28.15.183, or 28.15.185 unless the person, if required to                                  
01       participate in a juvenile alcohol safety action program, has successfully completed any                           
02       education or treatment recommended. In this subsection, "juvenile alcohol safety                                  
03       action program" has the meaning given in AS 04.21.080 [AS 04.16.050].                                         
04    * Sec. 8. AS 04.16.050(l)(2) is repealed.