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21 privilege to drive has been revoked under this section unless the person, if required to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