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CSSB 165(JUD): "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure."

00                       CS FOR SENATE BILL NO. 165(JUD)                                                                   
01 "An Act relating to the presence of minors in the licensed premises of manufacturers,                                   
02 wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage                                   
03 Control Board; relating to background checks for persons applying to operate                                            
04 marijuana establishments; relating to the offense of minor consuming; relating to                                       
05 revocation of a driver's license for a minor consuming offense; relating to the effect of                               
06 the revocation of a driver's license for a minor consuming offense on a motor vehicle                                   
07 liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense                                         
08 Procedure."                                                                                                             
09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
10    * Section 1. AS 04.06.020 is repealed and reenacted to read:                                                       
11            Sec. 04.06.020. Appointment and qualifications. (a) The board consists of                                  
12       five members appointed by the governor and confirmed by a majority of the members                                 
01       of the legislature in joint session. A member of the board may not hold any other state                           
02       or federal office, either elective or appointive.                                                                 
03            (b)  Except as provided in (c) of this section, at the time of appointment or                                
04       reappointment, one member of the board shall be actively engaged in the public safety                             
05       sector, one member of the board shall be actively engaged in the public health sector,                            
06       one member of the board shall have resided in a rural area within the previous five                               
07       years, and two members of the board shall be actively engaged in the alcoholic                                    
08       beverage industry.                                                                                                
09            (c)  A member of the board may not hold a wholesale alcoholic beverage                                       
10       license or be an officer, agent, or employee of a wholesale alcoholic beverage                                    
11       enterprise. Not more than two members of the board may be engaged in the same                                     
12       business, occupation, or profession. A board member actively engaged in the public                                
13       safety sector or public health sector, from a rural area, or representing the general                             
14       public may not have, or have an immediate family member who has, a financial                                      
15       interest in a business for which a license is issued.                                                             
16            (d)  In this section,                                                                                        
17                 (1)  "immediate family member" means a spouse, child, or parent;                                        
18                 (2)  "public health sector" means a profession that primarily has the                                   
19       responsibility to protect the safety and improve the health of communities through                                
20       education, policy making, and research for disease and injury prevention;                                         
21                 (3)  "public safety sector" means a peace officer, a municipal or state                                 
22       prosecutor, a former judicial officer, or a profession that primarily has the authority to                        
23       provide for the welfare and protection of the general public through the enforcement                              
24       of municipal, state, or federal laws;                                                                             
25                 (4)  "rural area" means a community with a population of 7,000 or less                                  
26       that is not connected by road or rail to Anchorage or Fairbanks or with a population of                           
27       2,000 or less that is connected by road or rail to Anchorage or Fairbanks; in this                                
28       paragraph,                                                                                                        
29                      (A)  "community" means a city as that term is defined in                                           
30            AS 29.71.800, and an established village that is located in a borough or the                                 
31            unorganized borough;                                                                                         
01                      (B)  "population" means the population of a community as                                           
02            determined under AS 29.60.860(c).                                                                            
03    * Sec. 2. AS 04.06.030(c) is amended to read:                                                                      
04            (c)  The board shall select a chair [CHAIRMAN] from among its members.                                   
05    * Sec. 3. AS 04.06.050 is amended to read:                                                                         
06            Sec. 04.06.050. Meetings. The board shall meet at the call of the chair                                
07       [CHAIRMAN]. The board shall also meet at least once each year in each judicial                                    
08       district of the state to study this title and to modify existing board regulations in light                       
09       of statewide and local problems.                                                                                  
10    * Sec. 4. AS 04.16.049(a) is amended to read:                                                                      
11            (a)  A person under [THE AGE OF] 21 years of age may not knowingly enter                                 
12       or remain in premises licensed under this title unless                                                            
13                 (1)  accompanied by a parent, guardian, or spouse who has attained                                      
14       [THE AGE OF] 21 years of age;                                                                                 
15                 (2)  the person is at least 16 years of age, the premises are designated                                
16       by the board as a restaurant for the purposes of this section, and the person enters and                          
17       remains only for dining;                                                                                          
18                 (3)  the person is under [THE AGE OF] 16 years of age, is                                           
19       accompanied by a person over [THE AGE OF] 21 years of age, the parent or guardian                             
20       of the underaged person consents, the premises are designated by the board as a                                   
21       restaurant for the purposes of this section, and the person enters and remains only for                           
22       dining; [OR]                                                                                                      
23                 (4)  the person is permitted on the premises under a club license issued                            
24       under AS 04.11.110(g); or                                                                                 
25                 (5)  otherwise provided under (c), (d), or (g) of this section.                                     
26    * Sec. 5. AS 04.16.049(b) is amended to read:                                                                      
27            (b)  Notwithstanding (a) of this section, a licensee or an agent or employee of                              
28       the licensee may refuse entry to a person under [THE AGE OF] 21 years of age to that                          
29       part of licensed premises in which alcoholic beverages are sold, served, or consumed,                             
30       may refuse service to a person under [THE AGE OF] 21 years of age, or may require                             
31       a person under [THE AGE OF] 21 years of age to leave the portion of the licensed                              
01       premises in which alcoholic beverages are sold, served, or consumed.                                              
02    * Sec. 6. AS 04.16.049(c) is amended to read:                                                                      
03            (c)  Notwithstanding any other provision in this section, a person 16 or 17                                  
04       years of age may enter and remain within the licensed premises of a hotel, golf course,                       
05       or restaurant [,] or eating place in the course of employment if (1) the employment                           
06       does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages;                           
07       (2) the person has the written consent of a parent or guardian; and (3) an exemption                              
08       from the prohibition of AS 23.10.355 is granted by the Department of Labor and                                    
09       Workforce Development. The board, with the approval of the governing body having                                  
10       jurisdiction and at the licensee's request, shall designate which premises are hotels,                            
11       golf courses, restaurants, or eating places for the purposes of this subsection.                              
12    * Sec. 7. AS 04.16.049(d) is amended to read:                                                                      
13            (d)  Notwithstanding any other provision in this section, a person 18, 19, or 20                             
14       years of age may be employed within the licensed premises of a hotel, golf course, or                         
15       restaurant [,] or eating place, may enter and remain within those premises for the                                
16       purpose of employment, but may not, in the course of employment, sell, serve, deliver,                            
17       or dispense alcoholic beverages.                                                                                  
18    * Sec. 8. AS 04.16.049 is amended by adding new subsections to read:                                               
19            (g)  Notwithstanding any other provision in this section, a person under 21                                  
20       years of age may be present on licensed premises on a golf course for the purpose of                              
21       playing golf or attending golf-related activities if the person                                                   
22                 (1)  is at least 16 years of age; or                                                                    
23                 (2)  is under 16 years of age and                                                                       
24                      (A)  the person is accompanied by a person who is at least 21                                      
25            years of age; and                                                                                            
26                      (B)  a parent or guardian of the underage person consents.                                         
27            (h)  A person under 21 years of age who knowingly enters or remains on                                       
28       premises licensed under this title except as allowed in this section commits the offense                          
29       of unauthorized presence by a person under 21 years of age on licensed premises.                                  
30            (i)  Unauthorized presence by a person under 21 years of age on licensed                                     
31       premises is a violation, punishable by a fine of $500. The violation must be charged                              
01       and filed with the court as a separate case and may not be combined or joined with any                            
02       other minor offense or criminal charge in one action at the time of filing. A court may                           
03       reduce the fine to $50 if the person provides the court, not later than six months after a                        
04       judgment of conviction is entered, with proof of completion of                                                    
05                 (1)  an alcohol safety action program or a juvenile alcohol safety action                               
06       program developed, designated, or approved by the Department of Health and Social                                 
07       Services under AS 47.37; or                                                                                       
08                 (2)  a community diversion panel.                                                                       
09    * Sec. 9. AS 04.16.050 is repealed and reenacted to read:                                                          
10            Sec. 04.16.050. Possession, control, or consumption by persons under 21                                    
11       years of age. (a) A person under 21 years of age may not knowingly consume,                                     
12       possess, or control alcoholic beverages except those furnished to persons under                                   
13       AS 04.16.051(b).                                                                                                  
14            (b)  A person under 21 years of age who knowingly consumes, possesses, or                                    
15       controls an alcoholic beverage other than an alcoholic beverage furnished under                                   
16       AS 04.16.051(b) commits the offense of minor consuming or in possession or control.                               
17            (c)  Minor consuming or in possession or control is a violation, punishable by a                             
18       fine of $500. The violation must be charged and filed with the court as a separate case                           
19       and may not be combined or joined with any other minor offense or criminal charge in                              
20       one action at the time of filing. A court may reduce the fine to $50 if the person                                
21       provides the court, not later than six months after a judgment of conviction is entered,                          
22       with proof of completion of                                                                                       
23                 (1)  an alcohol safety action program or a juvenile alcohol safety action                               
24       program developed, designated, or approved by the Department of Health and Social                                 
25       Services under AS 47.37; or                                                                                       
26                 (2)  a community diversion panel.                                                                       
27    * Sec. 10. AS 04.21.065(b) is amended to read:                                                                     
28            (b)  The warning signs required by (a) of this section must be at least 11 inches                            
29       by 14 inches, and the lettering must be at least one-half inch high and in contrasting                        
30       colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as                                  
31       beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy                            
01       can cause birth defects." The second sign must read, "WARNING: A person who                                       
02       provides alcoholic beverages to a person under 21 years of age, if convicted under                                
03       AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The                              
04       third sign must read, "WARNING: An unaccompanied [A] person under 21 years of                                 
05       age who enters these premises in violation of law may [COULD], under                                          
06       AS 04.16.049(e), be civilly liable for damages of $1,500." The license or permit                                  
07       holder shall display the first and second signs in a manner that would make them                                  
08       conspicuous to a person who will be purchasing or consuming alcoholic beverages or                                
09       smoking cigarettes on the licensed or designated premises and shall conspicuously                                 
10       display the third sign at each door through which customers enter the licensed                                    
11       premises.                                                                                                         
12    * Sec. 11. AS 04.21 is amended by adding a new section to read:                                                    
13            Sec. 04.21.078. Court records of persons under 21 years of age. The Alaska                                 
14       Court System may not publish on a publicly available website the court records of a                               
15       violation of AS 04.16.049 or 04.16.050, or a similar ordinance of a municipality, if the                          
16       violation was charged separately and was not joined with any other minor offense or                               
17       criminal charge at the time of filing.                                                                            
18    * Sec. 12. AS 04.21.080(b) is amended by adding a new paragraph to read:                                           
19                 (20)  "community diversion panel" means a youth court or other group                                    
20       serving as a sentencing option for a person convicted under this section.                                         
21    * Sec. 13. AS 12.62.400(a) is amended to read:                                                                     
22            (a)  To obtain a national criminal history record check for determining a                                    
23       person's qualifications for a license, permit, registration, employment, or position, a                           
24       person shall submit the person's fingerprints to the department with the fee established                          
25       by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau                                 
26       of Investigation to obtain a national criminal history record check of the person for the                         
27       purpose of evaluating a person's qualifications for                                                               
28                 (1)  a license or conditional contractor's permit to manufacture, sell,                                 
29       offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage                           
30       under AS 04.11;                                                                                                   
31                 (2)  licensure as a mortgage lender, a mortgage broker, or a mortgage                                   
01       loan originator under AS 06.60;                                                                                   
02                 (3)  admission to the Alaska Bar Association under AS 08.08;                                            
03                 (4)  licensure as a collection agency operator under AS 08.24;                                          
04                 (5)  a certificate of fitness to handle explosives under AS 08.52;                                      
05                 (6)  licensure as a massage therapist under AS 08.61;                                                   
06                 (7)  licensure to practice nursing or certification as a nurse aide under                               
07       AS 08.68;                                                                                                         
08                 (8)  certification as a real estate appraiser under AS 08.87;                                           
09                 (9)  a position involving supervisory or disciplinary power over a minor                                
10       or dependent adult for which criminal justice information may be released under                                   
11       AS 12.62.160(b)(9);                                                                                               
12                 (10)  a teacher certificate under AS 14.20;                                                             
13                 (11)  licensure as a security guard under AS 18.65.400 - 18.65.490;                                     
14                 (12)  a concealed handgun permit under AS 18.65.700 - 18.65.790;                                        
15                 (13)  licensure as an insurance producer, managing general agent,                                       
16       reinsurance intermediary broker, reinsurance intermediary manager, surplus lines                                  
17       broker, or independent adjuster under AS 21.27;                                                                   
18                 (14)  serving and executing process issued by a court by a person                                       
19       designated under AS 22.20.130;                                                                                    
20                 (15)  a school bus driver license under AS 28.15.046;                                                   
21                 (16)  licensure as an operator or an instructor for a commercial driver                                 
22       training school under AS 28.17;                                                                                   
23                 (17)  registration as a broker-dealer, agent, investment adviser                                        
24       representative, or state investment adviser under AS 45.55.030 - 45.55.060;                                   
25                 (18)  a registration or license to operate a marijuana establishment                                
26       under AS 17.38.                                                                                               
27    * Sec. 14. AS 17.38.200(a) is amended to read:                                                                     
28            (a)  Each application or renewal application for a registration to operate a                                 
29       marijuana establishment shall be submitted to the board. A renewal application may be                             
30       submitted up to 90 days before [PRIOR TO] the expiration of the marijuana                                     
31       establishment's registration. When filing an application under this subsection, the                           
01       applicant shall submit the applicant's fingerprints and the fees required by the                              
02       Department of Public Safety under AS 12.62.160 for criminal justice information                               
03       and a national criminal history record check. The board shall forward the                                     
04       fingerprints and fees to the Department of Public Safety to obtain a report of                                
05       criminal justice information under AS 12.62 and a national criminal history                                   
06       record check under AS 12.62.400.                                                                              
07    * Sec. 15. AS 21.36.210(a) is amended to read:                                                                     
08            (a)  An insurer may not exercise its right to cancel a policy of personal                                    
09       automobile insurance except for the following reasons:                                                            
10                 (1)  nonpayment of premium; or                                                                          
11                 (2)  the driver's license or motor vehicle registration of either the named                             
12       insured or of an operator who resides in the same household as the named insured or                               
13       who customarily operates a motor vehicle insured under the policy has been under                                  
14       suspension or revocation during the policy period or, if the policy is a renewal, during                          
15       its policy period or the 180 days immediately preceding its effective date [; THIS                                
16       PARAGRAPH DOES NOT APPLY TO REVOCATION AS DESCRIBED UNDER                                                         
17       AS 21.96.027].                                                                                                    
18    * Sec. 16. AS 28.15.057(a) is amended to read:                                                                     
19            (a)  Except as provided under AS 28.15.051, a person who is at least 16 years                                
20       of age but not yet 18 years of age may not be issued a driver's license unless the                                
21       person has                                                                                                        
22                 (1)  been licensed under an instruction permit issued under                                             
23       AS 28.15.051 or under the law of another state with substantially similar requirements                            
24       for at least six months;                                                                                          
25                 (2)  held a valid provisional driver's license issued under AS 28.15.055                                
26       for at least six months; and                                                                                      
27                 (3)  not been convicted of violating a traffic law [, OR BEEN                                           
28       CONVICTED OF VIOLATING AS 04.16.050(c),] during the six months before                                             
29       applying for a driver's license; in this paragraph, "traffic law" has the meaning given to                        
30       "traffic laws" in AS 28.15.261.                                                                                   
31    * Sec. 17. AS 28.15.191(a) is amended to read:                                                                     
01            (a)  A court that convicts a person of an offense under this title or a regulation                           
02       adopted under this title, or another law or regulation of this state or a municipal                               
03       ordinance that regulates the driving of vehicles [, OR A VIOLATION OF                                             
04       AS 04.16.050] shall forward a record of the conviction to the department within five                              
05       working days. A conviction of a standing or parking offense need not be reported.                                 
06    * Sec. 18. AS 28.15.211(g) is amended to read:                                                                     
07            (g)  Except as provided under AS 28.15.183(h), the department may not issue a                                
08       new license or reissue a license to a person whose driver's license has been revoked                              
09       under [AS 04.16.050,] AS 28.15.183 [,] or 28.15.185 unless the person, if required to                             
10       participate in a juvenile alcohol safety action program, has successfully completed any                           
11       education or treatment recommended. In this subsection, "juvenile alcohol safety                                  
12       action program" has the meaning given in AS 04.21.080.                                                            
13    * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15            DIRECT COURT RULE AMENDMENT. Rule 17(a), Alaska Rules of Minor                                               
16       Offense Procedure, is amended to read:                                                                            
17            (a)  Except as provided in subsection (g), a [A] prosecutor may join a minor                             
18       offense with a related criminal offense under the circumstances described in Criminal                             
19       Rule 8(a).                                                                                                        
20    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22            DIRECT COURT RULE AMENDMENT. Rule 17, Alaska Rules of Minor                                                  
23       Offense Procedure, is amended by adding a new subsection to read:                                                 
24            (g)  A prosecutor may not join a minor offense for a violation of AS 04.16.049                               
25       or 04.16.050 with a related criminal offense.                                                                     
26    * Sec. 21. AS 21.96.027; AS 28.15.176(1), 28.15.181(h), 28.15.185(e); AS 47.12.030(b)(5),                          
27 47.12.060(b)(4), and 47.12.120(k) are repealed.                                                                         
28    * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       APPLICABILITY. AS 04.16.049(a) - (d), as amended by secs. 4 - 7 of this Act,                                      
31 AS 04.16.049(g) - (i), added by sec. 8 of this Act, AS 04.16.050, as repealed and reenacted by                          
01 sec. 9 of this Act, and AS 04.21.080(b)(20), added by sec. 12 of this Act, apply to offenses                            
02 committed on or after the effective date of this Act.                                                                   
03    * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05       TRANSITION. A person who is a member of the Alcoholic Beverage Control Board                                      
06 on the day before the effective date of this Act continues to serve until the expiration of the                         
07 member's term. The governor shall take the requirements of AS 04.06.020, as repealed and                                
08 reenacted by sec. 1 of this Act, into account in making new appointments.