HB 180: "An Act relating to revocation of a minor's driver's license; and providing for an effective date."
00HOUSE BILL NO. 180 01 "An Act relating to revocation of a minor's driver's license; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.183(a) is amended to read: 05 (a) If a peace officer has probable cause to believe that a person who is at 06 least 14 years of age but not yet 21 years of age has possessed or used a controlled 07 substance in violation of AS 11.71 [,] or a municipal ordinance with substantially 08 similar elements, or possessed or consumed alcohol in violation of AS 04.16.050 or 09 a municipal ordinance with substantially similar elements, operated a vehicle after 10 consuming alcohol in violation of AS 28.35.280, or refused to submit to a chemical 11 test under AS 28.35.285 and the peace officer has cited the person or arrested the 12 person for a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 28.35.285 or the 13 municipal ordinance with substantially similar elements, the peace officer shall read 14 a notice and deliver a copy to the person. The notice must advise that
01 (1) the department intends to revoke the person's driver's license or 02 permit, privilege to drive, or privilege to obtain a license or permit; 03 (2) the person has the right to administrative review of the revocation; 04 (3) if the person has a driver's license or permit, the notice itself is a 05 temporary driver's license or permit that expires seven days after it is delivered to the 06 person or after the person is convicted of violating AS 11.71, AS 04.16.050, 07 AS 28.35.280, 28.35.285, or the municipal ordinance, whichever is later; 08 (4) revocation of the person's driver's license or permit, privilege to 09 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 10 of the notice to the person unless 11 (A) the person, within seven days, requests an administrative 12 review; or 13 (B) the period of revocation is delayed under (j) of this 14 section; 15 (5) if the person has been cited under AS 28.35.280 or under 16 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, 17 aircraft, or watercraft during the 24 hours following issuance of the citation. 18 * Sec. 2. AS 28.15.183(c) is amended to read: 19 (c) Unless the person has requested an administrative review or the period of 20 revocation is delayed under (j) of this section, the department shall revoke the 21 person's driver's license or permit, privilege to drive, or privilege to obtain a license 22 or permit, effective seven days after delivery to the person of the notice required under 23 (a) of this section, upon receipt of a sworn report of a peace officer 24 (1) that the officer had probable cause to believe that the person is at 25 least 14 years of age but not yet 21 years of age and has possessed or used a 26 controlled substance in violation of AS 11.71, or a municipal ordinance with 27 substantially similar elements, or possessed or consumed alcohol in violation of 28 AS 04.16.050 or a municipal ordinance with substantially similar elements, operated 29 a vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit 30 to a chemical test of breath under AS 28.35.285; 31 (2) that the peace officer has cited the person or arrested the person for
01 (A) a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 02 28.35.285; or 03 (B) possession or use of a controlled substance or alcohol in 04 violation of a municipal ordinance with substantially similar elements; 05 (3) that notice under (a) of this section was provided to the person; and 06 (4) describing the circumstances surrounding the violation of the 07 controlled substances provisions of AS 11.71, the alcoholic beverages provisions of 08 AS 04.16.050, or the municipal ordinance with substantially similar elements, the 09 minor operating a vehicle after consuming alcohol [UNDER] provisions of 10 AS 28.35.280, or the minor refusing to submit to a chemical test of breath [UNDER] 11 provisions of AS 28.35.285. 12 * Sec. 3. AS 28.15.183 is amended by adding a new subsection to read: 13 (j) Notwithstanding the other provisions of this section, a license revocation 14 imposed under this section may not begin until the person is convicted, including 15 conviction following a plea of no contest, of the offense for which the person was 16 cited or arrested under (a) of this section. 17 * Sec. 4. AS 28.15.187(a) is amended to read: 18 (a) If a peace officer has probable cause based on personal observation that a 19 person has used a driver's license as fraudulent or false identification as prohibited by 20 AS 04.16.060(d), the peace officer shall read a notice and deliver a copy to the person. 21 The notice must advise that 22 (1) the department intends to revoke the person's driver's license, 23 privilege to drive, or privilege to obtain a license, or refuse to issue an original license 24 to the person; 25 (2) the person has the right to administrative review of the revocation 26 or determination not to issue an original license; 27 (3) if the person has a driver's license or a nonresident privilege to 28 drive, the notice itself is a temporary driver's license that expires seven days after it 29 is delivered to the person or after the person is convicted of violating 30 AS 04.16.060(d), whichever is later; 31 (4) revocation of the person's driver's license, privilege to drive, or
01 privilege to obtain a license, or a determination not to issue an original license takes 02 effect seven days after delivery of the notice to the person unless 03 (A) the person, within seven days, requests an administrative 04 review; or 05 (B) the period of revocation is delayed under (g) of this 06 section. 07 * Sec. 5. AS 28.15.187(c) is amended to read: 08 (c) Unless the person has requested an administrative review or the period of 09 revocation is delayed under (g) of this section, the department shall revoke the 10 person's driver's license, privilege to drive, or privilege to obtain a license, or refuse 11 to issue an original license, effective seven days after delivery to the person of the 12 notice required under (a) of this section, upon receipt of a sworn report of a peace 13 officer 14 (1) that the officer had probable cause based on personal observations 15 that the person used a driver's license as fraudulent or false identification as prohibited 16 by AS 04.16.060(d); 17 (2) that notice under (a) of this section was provided to the person; and 18 (3) describing the circumstances surrounding the violation of 19 AS 04.16.060(d). 20 * Sec. 6. AS 28.15.187 is amended by adding a new subsection to read: 21 (g) Notwithstanding the other provisions of this section, a license revocation 22 imposed under this section may not begin until the person is convicted, including 23 conviction following a plea of no contest, of violating AS 04.16.060(d) as a result of 24 being cited or arrested under (a) of this section. 25 * Sec. 7. This Act applies to offenses that occur on or after the effective date of this Act. 26 * Sec. 8. This Act takes effect July 1, 1997.