00                              HOUSE BILL NO. 65                                                                          
01 "An Act relating to forfeiture of a motor vehicle, airplane, or vessel for illegal                                      
02 transportation of alcohol."                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.16.220(a) is amended to read:                                                                  
05            (a)  The following are subject to forfeiture:                                                                
06                 (1)  alcoholic beverages manufactured, sold, offered for sale or                                        
07       possessed for sale, bartered or exchanged for goods and services in this state in                                 
08       violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or                                 
09       otherwise stored in violation of AS 04.21.060; alcoholic beverages sold, or offered for                           
10       sale in violation of a local option adopted under AS 04.11.491; alcoholic beverages                               
11       transported into the state and sold to persons not licensed under this chapter in                                 
12       violation of AS 04.16.170(b);                                                                                     
13                 (2)  materials and equipment used in the manufacture, sale, offering for                                
14       sale, possession for sale, barter or exchange of alcoholic beverages for goods and                                
01       services in this state in violation of AS 04.11.010; materials and equipment used in the                          
02       stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060;                            
03       materials and equipment used in the sale or offering for sale of an alcoholic beverage                            
04       in an area in violation of a local option adopted under AS 04.11.491;                                             
05                 (3)  aircraft, vehicles, or vessels used to transport, or facilitate the                                
06       transportation of                                                                                                 
07                      (A)  alcoholic beverages manufactured, sold, offered for sale or                                   
08            possessed for sale, bartered or exchanged for goods and services in this state in                            
09            violation of AS 04.11.010;                                                                                   
10                      (B)  property stocked, warehoused, or otherwise stored in                                          
11            violation of AS 04.21.060;                                                                                   
12                      [(C)  ALCOHOLIC BEVERAGES IMPORTED INTO A                                                          
13            MUNICIPALITY OR ESTABLISHED VILLAGE IN VIOLATION OF                                                          
14            AS 04.11.499;]                                                                                               
15                 (4)  alcoholic beverages found on licensed premises that do not bear                                    
16       federal excise stamps if excise stamps are required under federal law;                                            
17                 (5)  alcoholic beverages, materials or equipment used in violation of                                   
18       AS 04.16.175.                                                                                                     
19    * Sec. 2.  AS 04.16.220(e) is amended to read:                                                                     
20            (e)  The owner of property subject to forfeiture under                                                       
21                 (1)  subsection (a) of this section is entitled to relief from the forfeiture                       
22       in the nature of remission of the forfeiture if, in an action under (d) of this section, the              
23       owner shows that the owner was not a party to the violation and had no actual                                     
24       knowledge that the property was used or was to be used in violation of the law; and                           
25                 (2)  subsection (i) of this section is entitled to relief from the                                  
26       forfeiture in the nature of remission of the forfeiture if, in an action under (d) of                         
27       this section, the owner shows that the owner was not a party to the violation, had                            
28       no actual knowledge or reasonable cause to believe that the property was to be                                
29       used in violation of the law, and had no actual knowledge or reasonable cause to                              
30       believe that the person committing the violation had a criminal record or                                     
31       reputation for violating this title.                                                                          
01    * Sec. 3.  AS 04.16.220(f) is amended to read:                                                                     
02            (f)  A person other than the owner holding, or the assignee of, a lien, mortgage,                            
03       conditional sales contract on, or the right to possession to property subject to forfeiture                       
04       under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of                   
05       remission of the forfeiture if, in an action under (d) of this section, the person shows                  
06       that the person was not a party to the violation subjecting the property to forfeiture,                       
07       [AND] had no actual knowledge or reasonable cause to believe that the property was                            
08       [USED OR WAS] to be used in violation of the law, and had no actual knowledge                                 
09       or reasonable cause to believe that the person committing the violation had a                                 
10       criminal record or reputation for violating this title.                                                       
11    * Sec. 4.  AS 04.16.220 is amended by adding a new subsection to read:                                             
12            (i)  Upon conviction of a person for a violation of AS 04.11.499, the state shall                            
13       seek forfeiture of an aircraft, vehicle, or vessel used to transport or facilitate the                            
14       transportation of alcoholic beverages imported into a municipality or established                                 
15       village in violation of AS 04.11.499.