SCS CSHB 190(FIN): "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license; and requiring the surrender and cancellation of driver's licenses under certain circumstances."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 190(FIN) 01 "An Act relating to the purchase of alcoholic beverages and to access to licensed 02 premises; relating to civil liability for certain persons accessing licensed premises; 03 requiring driver's licenses and identification cards to be marked if a person is restricted 04 from consuming alcoholic beverages as a result of a conviction or condition of probation 05 or parole and relating to fees for the marked license; and requiring the surrender and 06 cancellation of driver's licenses under certain circumstances." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.16 is amended by adding a new section to read: 09 Sec. 04.16.047. Access of persons with restricted privileges. (a) A person 10 who is not privileged to purchase alcohol under AS 04.16.160 may not knowingly 11 enter or remain in premises licensed under this title to obtain or consume alcohol. 12 (b) A licensee may bring a civil action against a person who violates this 13 section if the violation occurs on the premises of that licensee. If judgment is entered
01 in favor of the licensee, the court shall award civil damages in the amount of $1,000 02 and award reasonable costs and reasonable attorney fees allowed under the Alaska 03 Rules of Civil Procedure. 04 * Sec. 2. AS 04.16 is amended by adding a new section to read: 05 Sec. 04.16.160. Privilege to purchase alcoholic beverages. (a) Except as 06 otherwise provided by law, a person who is 21 years of age or older has a privilege to 07 purchase alcoholic beverages, unless the person has been ordered to refrain from 08 consuming alcoholic beverages as part of a sentence for conviction of a crime under 09 AS 28.35.030, 28.35.032, or a similar municipal ordinance or as a condition of 10 probation or parole from a conviction under AS 28.35.030, 28.35.032, or a similar 11 municipal ordinance. The privilege to purchase alcoholic beverages is restricted during 12 the period that the person is required to refrain from consuming alcoholic beverages 13 under the sentence or condition of probation or parole. A person whose privilege to 14 purchase alcohol has been restricted shall be required to pay an enhanced fee to have a 15 driver's license or identification card issued with the information required under 16 AS 28.15.111(a)(6). 17 (b) A court imposing a restriction on a person under (a) of this section, and the 18 Department of Corrections, shall notify the person that an identification card issued 19 under AS 18.65.310 must list the restriction imposed for the period of the person's 20 probation or parole. 21 * Sec. 3. AS 04.21.050(b) is amended to read: 22 (b) Except as provided in AS 04.16.160, a [A] valid driver's license or a 23 valid identification card is acceptable as proof of age when used for identification in 24 the purchase of alcoholic beverages and for securing entry to and remaining on 25 premises where alcoholic beverages are sold if the license or identification card is 26 made of or encased in plastic and contains a photograph of the licensee [LICENSE] or 27 card holder and a statement of age or date of birth. 28 * Sec. 4. AS 18.65.310 is amended by adding new subsections to read: 29 (h) The department shall cancel the identification card of a person on whom a 30 restriction has been imposed under AS 04.16.160 unless the person's identification 31 card contains the information required by (i) of this section. A cancellation under this
01 subsection remains in effect only during the period of time that the privilege to 02 purchase alcoholic beverages is restricted under AS 04.16.160. 03 (i) The department shall, to the extent it is able, mark the identification card of 04 an applicant whose privilege to purchase alcohol is restricted under AS 04.16.160 in 05 the same manner required for a driver's license under AS 28.15.111. A person who has 06 received a marked identification card under this subsection may apply for an 07 unmarked card when the period of restriction under AS 04.16.160 has expired. 08 (j) The department may by regulation set a fee for issuance of an identification 09 card under (i) of this section. The fee must meet the requirements of AS 04.16.160. 10 * Sec. 5. AS 28.15.111(a) is amended to read: 11 (a) Upon successful completion of the application and all required 12 examinations, and upon payment of the required fee, the department shall issue to 13 every qualified applicant a driver's license indicating the type or general class of 14 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a 15 distinguishing number assigned to the license; (2) display the licensee's full name, 16 address, date of birth, brief physical description, and color photograph; (3) display 17 either a facsimile of the signature of the licensee or a space upon which the licensee 18 must write the licensee's usual signature with pen and ink; (4) display a holographic 19 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a 20 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and 21 (6) to the extent the department is able, be designed to allow the electronic 22 reading and electronic display of the information described under (2) of this 23 subsection and the electronic reading and display and a physical display on the 24 license of the letters "COAR" if the person's privilege to purchase alcohol has 25 been restricted under AS 04.16.160. A license may not display the licensee's social 26 security number and is not valid until signed by the licensee. If facilities are not 27 available for the taking of the photograph required under this section, the department 28 shall endorse on the license, the words "valid without photograph." In this subsection, 29 "COAR" is an abbreviation for "court ordered alcohol restriction." 30 * Sec. 6. AS 28.15.161(a) is amended to read: 31 (a) The department shall cancel a driver's license upon determination that
01 (1) the licensee is not medically or otherwise entitled to the issuance or 02 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 03 (2) there is an error or defect in the license; 04 (3) the licensee failed to give the required or correct information in the 05 licensee's application; [OR] 06 (4) the license was obtained fraudulently; or 07 (5) the licensee is restricted from purchasing alcoholic beverages 08 under AS 04.16.160; if a license is cancelled under this paragraph, when a new 09 license is issued, it must reflect that restriction and the requirements of 10 AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect. 11 * Sec. 7. AS 28.15.191 is amended by adding new subsections to read: 12 (g) A court that has ordered a person to refrain from consuming alcoholic 13 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 14 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 15 following a conviction under those sections or a similar municipal ordinance shall 16 (1) require the surrender of the person's license and forward the license 17 to the department; 18 (2) report the order to the department within two days; and 19 (3) inform the person that the person's license is subject to cancellation 20 under AS 28.15.161 and, if the person is otherwise qualified to receive a license, when 21 the person obtains a new license the license must list the restriction imposed by 22 AS 04.16.160 for the period of probation or parole. 23 (h) The board of parole shall notify the department within two days whenever 24 a person has been ordered to refrain from consuming alcoholic beverages as a 25 condition of parole and shall inform the person that the person's license is subject to 26 cancellation under AS 28.15.161, and that, if the person is otherwise qualified to 27 receive a license, when the person obtains a new license the license must list the 28 restriction imposed by AS 04.16.160. 29 * Sec. 8. AS 28.15.271 is amended by adding a new subsection to read: 30 (e) The department may by regulation set a fee for issuance of a new license to 31 replace a license cancelled under AS 28.15.161(a)(5) because the person's privilege to
01 purchase alcoholic beverages under AS 04.16.160 has been restricted or revoked. The 02 fee must meet the requirements of AS 04.16.160.