00 CS FOR SENATE BILL NO. 58(HES) 01 "An Act relating to the penalty for the consumption or possession of alcoholic 02 beverages by persons under 21 years of age, to the issuance, suspension, 03 limitation, revocation, and reinstatement of drivers' licenses, permits, or privileges 04 to drive concerning alcohol-related offenses, to youth assessment and referral 05 programs for minor drivers, and to alcohol information courses for driver 06 improvement and for reduction of points assessed for violation of traffic laws; 07 and relating to the use of money collected from fines imposed for the offenses 08 of possession, control, or consumption of alcoholic beverages by persons under 09 21 years of age that are punishable as violations." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 04.16.050(b) is amended to read: 12  (b) A person who violates (a) of this section is guilty of 13   (1) a violation, and, upon [. UPON] conviction of the violation in the 14 district court, the court shall [MAY] impose a fine of $250; 01  (2) a class B misdemeanor if, during the preceding two years, the 02 person was convicted of a violation of (a) of this section or of a municipal 03 ordinance with substantially similar elements [NOT LESS THAN $100]. 04 * Sec. 2. AS 04.16.050 is amended by adding a new subsection to read: 05  (c) Money collected from fines imposed under (b)(1) of this section shall be 06 deposited in the general fund. The legislature may use the money collected from fines 07 imposed under (b)(1) of this section to make appropriations for assessment and referral 08 programs that provide substance abuse screening services to and monitor compliance 09 for a minor required to participate in an alcoholism or drug education or rehabilitation 10 treatment program under AS 28.15.183(g) or before the minor's driver's license may 11 be reinstated under AS 28.15.211(d). 12 * Sec. 3. AS 28.15.183(f) is amended to read: 13  (f) A revocation imposed under this section shall be consecutive to a 14 revocation imposed under another provision of law, except that a revocation imposed 15 under this section for an offense for which a revocation is required under 16 AS 28.15.185 shall be concurrent with a revocation imposed under AS 28.15.185 that 17 is based on the same incident. A department hearing officer may grant limited license 18 privileges in accordance with the standards set out in AS 28.15.201 to a person whose 19 driver's license, permit, or privilege was revoked under this section. 20 * Sec. 4. AS 28.15.183(g) is amended to read: 21  (g) Except as provided under (h) of this section, the department may not issue 22 a new license or reissue a license to a person whose driver's license, permit, or 23 privilege to drive has been revoked under this section unless the person is enrolled in 24 and is in compliance with, or has successfully completed, 25  (1) an alcoholism education or rehabilitation treatment program 26 approved under AS 47.37, if the revocation resulted from possession or consumption 27 of alcohol in violation of AS 04.16.050 or a municipal ordinance with substantially 28 similar elements, from operating a vehicle after consuming alcohol in violation of 29 AS 28.35.280, or from refusal to submit to a chemical test of breath in violation of 30 AS 28.35.285; or 31  (2) a drug education or rehabilitation treatment program, if the 01 revocation resulted from possession or use of a controlled substance in violation of 02 AS 11.71 or a municipal ordinance with substantially similar elements. 03 * Sec. 5. AS 28.15.185(a) is amended to read: 04  (a) A person who is at least 13 years of age but not older than 17 years of age 05 is subject to revocation, under (b) of this section, of the person's driver's license, 06 privilege to drive, or privilege to obtain a license if the person [WHO] is convicted 07 of or [WHO] is adjudicated a delinquent minor by a [JUVENILE] court for [OF] 08  (1) misconduct involving a controlled substance under AS 11.71 or a 09 municipal ordinance with substantially similar elements; or 10  (2) [POSSESSION OR CONSUMPTION OF ALCOHOL UNDER 11 AS 04.16.050 OR A MUNICIPAL ORDINANCE WITH SUBSTANTIALLY 12 SIMILAR ELEMENTS; OR 13  (3)] an offense involving the illegal use or possession of a firearm that 14 is punishable under AS 11 or a municipal ordinance with substantially similar elements 15 [IS SUBJECT TO REVOCATION OF THE PERSON'S DRIVER'S LICENSE, 16 PRIVILEGE TO DRIVE, OR PRIVILEGE TO OBTAIN A LICENSE UNDER (b) OF 17 THIS SECTION]. 18 * Sec. 6. AS 28.15.185(c) is amended to read: 19  (c)  When a person described in (a) of this section has been convicted of 20 or adjudicated a delinquent minor for [UPON CONVICTION OR ADJUDICATION 21 OF] an offense listed in (a) of this section, the court may, upon petition of the person, 22 review the revocation and may restore the driver's license, except a court may not 23 restore the driver's license until 24  (1) at least one-half of the period of revocation imposed under this 25 section has expired; and 26  (2) the person has taken and successfully completed a state approved 27 program of drug education or rehabilitation if convicted or adjudicated of misconduct 28 involving a controlled substance under AS 11.71 or a municipal ordinance with 29 substantially similar elements [, OR ALCOHOL EDUCATION OR 30 REHABILITATION IF CONVICTED OR ADJUDICATED OF POSSESSION OR 31 CONSUMPTION OF ALCOHOL UNDER AS 04.16.050 OR A MUNICIPAL 01 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS]; however, this 02 paragraph does not apply to a person who resides in an area that does not offer a state 03 approved drug [OR ALCOHOL] education or rehabilitation program or a person that 04 the court determines does not need [ALCOHOL OR] drug education or rehabilitation. 05 * Sec. 7. AS 28.15.211(d) is amended to read: 06  (d) At the end of a period of revocation or limitation following a revocation, 07 a person whose driver's license has been revoked may apply to the department for the 08 issuance of a new license, but shall submit to reexamination, pay all required fees 09 including a reinstatement fee, and, if the license was revoked under AS 28.15.181(a)(5) 10 or (8), submit proof of 11  (1) enrollment in and compliance with or completion of an alcoholism 12 education and rehabilitation treatment program approved under AS 47.37 if the 13 person was sentenced under AS 28.15.181(c)(1); or 14  (2) completion of and payment for an alcoholism education and 15 rehabilitation treatment program approved under AS 47.37 if the person was 16 convicted under AS 28.15.181(c)(2) - (4). 17 * Sec. 8. AS 28.15.241(b) is amended to read: 18  (b) In addition to (a) of this section, two points shall be deducted from the 19 assessed total upon the driver's furnishing to the department adequate proof of 20 successful completion, within 12 months of the date of the driver's last violation, of 21 a driver improvement course approved by the department or an alcohol information 22 course approved by the Department of Health and Social Services. No more than 23 one driver improvement or one alcohol information course may be used to obtain 24 a reduction in points in any 12-month period. 25 * Sec. 9. AS 28.15.253 is amended to read: 26  Sec. 28.15.253. Driver improvement or alcohol information courses 27 [COURSE]. Upon conviction of a violation of a traffic law that results in a driver's 28 [DRIVER] accumulating six or more points from offenses committed during any 29 consecutive 12-month period or nine or more points from offenses committed during 30 any 24-month period, on request of the department, the court may, in addition to any 31 other penalty authorized by law, require the driver to successfully complete a driver 01 improvement course approved by the department or an alcohol information course 02 approved by the Department of Health and Social Services within a period of time 03 prescribed by the court. The department may suspend, revoke, or deny the driver's 04 license of a person who fails to successfully complete the driver improvement course 05 or the alcohol information course required by the court under this section within the 06 prescribed time period. 07 * Sec. 10. AS 47.37.040(14) is amended to read: 08  (14) cooperate with the Department of Public Safety and the 09 Department of Transportation and Public Facilities in establishing and conducting 10 programs designed to deal with the problem of persons operating motor vehicles while 11 intoxicated or under the influence of drugs, and develop and approve alcohol 12 information courses required to be taken by drivers under AS 28.15 or made 13 available to drivers to reduce points assessed for violation of traffic laws; 14 * Sec. 11. AS 47.37.045(c) is amended to read: 15  (c) Community action against substance abuse grant funds awarded under this 16 section may be used for 17  (1) Police-In-School Liaison programs staffed by officers that are 18 certified by the Alaska Police Standards Council; 19  (2) technical assistance for neighborhood based substance abuse 20 prevention or treatment programs; 21  (3) coordinators for court ordered community service; 22  (4) preventative or educational programs for youth that involve the 23 community, parents, youth, and local schools; 24  (5) programs or projects that the division determines are effective in 25 preventing or treating substance abuse at the community level; [OR] 26  (6) supervised youth recreation programs that focus on preventing or 27 treating substance abuse; or 28  (7) youth assessment and referral programs that provide substance 29 abuse screening services to and monitor compliance for a minor required to 30 participate in an alcoholism or drug education or rehabilitation treatment 31 program under AS 28.15.183 or before the minor's driver's license may be 01 reinstated under AS 28.15.211. 02 * Sec. 12. APPLICABILITY. Sections 1 - 3, 5, and 6 of this Act apply to offenses 03 committed on or after the effective date of this Act. However, references to previous 04 convictions include violations and offenses committed on, before, or after the effective date 05 of this Act.