SB 255: "An Act relating to the obstruction of airports and runways; relating to the obstruction of highways; establishing the crime of obstruction of free passage in public places; relating to the obstruction of public places; relating to the crime of trespassing; relating to the obstruction of navigable waters; and providing for an effective date."
00 SENATE BILL NO. 255 01 "An Act relating to the obstruction of airports and runways; relating to the obstruction 02 of highways; establishing the crime of obstruction of free passage in public places; 03 relating to the obstruction of public places; relating to the crime of trespassing; relating 04 to the obstruction of navigable waters; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 02.20.050(a) is amended to read: 07 (a) A person may not 08 (1) place an object on the surface of a public use airport that because of 09 its nature or location might cause injury or damage to an aircraft or person riding in 10 the aircraft; or 11 (2) otherwise obstruct a runway. 12 * Sec. 2. AS 02.20.050 is amended by adding new subsections to read: 13 (e) A person who violates (a)(1) of this section is guilty of a class C felony. 14 (f) A person who violates (a)(2) or (b) of this section is guilty of a class A
01 misdemeanor. 02 * Sec. 3. AS 02.20.060(b) is amended to read: 03 (b) A person who violates [THIS CHAPTER, OR] a regulation adopted under 04 this chapter [,] is punishable, upon conviction, for each offense by a fine of not more 05 than $500, or by imprisonment for not more than six months, or by both. 06 * Sec. 4. AS 09.65 is amended by adding a new section to read: 07 Sec. 09.65.360. Civil liability for obstruction of free passage in public 08 places. (a) In addition to other civil damages and criminal penalties provided by law, a 09 person who obstructs access in violation of AS 02.20.050, AS 11.61.150, 11.61.155, 10 or AS 38.05.128 is strictly liable in a civil action to another person whose passage is 11 obstructed for no less than the following damages for each incident: 12 (1) $10,000 to a person who suffers only nominal damages; 13 (2) $50,000 to a person who suffers injury to property; 14 (3) $100,000 to a person who suffers bodily injury; and 15 (4) $500,000 to a person who suffers death. 16 (b) A person is jointly and severally liable for conduct under (a) of this section 17 if the person directly or indirectly, by words or action, aids, encourages, or authorizes 18 the conduct, including by 19 (1) participating in the conduct; 20 (2) directing, advising, encouraging, or soliciting another person to 21 engage in or participate in the conduct; or 22 (3) conspiring to engage in the conduct. 23 (c) The liability of a person for damages under this section is in addition to 24 liability for an award of full reasonable attorney fees and costs to a claimant who, as 25 plaintiff, counterclaimant, or cross claimant in the action, is the prevailing party. 26 (d) A plaintiff under this section may be entitled to temporary and permanent 27 injunctive relief. 28 (e) A court of this state has personal jurisdiction over a person outside the 29 state who is liable under (b) of this section if the person knew or had reason to know 30 that the person's acts or omissions were likely to lead to the obstruction of public 31 access in the state.
01 (f) In this section, "nominal damages" means the infraction of a legal right 02 under the section that does not result in death, bodily injury, or injury to property. 03 * Sec. 5. AS 11.46.320(b) is amended to read: 04 (b) Criminal trespass in the first degree is 05 (1) a class C felony if the conduct 06 (A) creates a substantial risk of physical injury to another 07 person; or 08 (B) interferes with a firefighting, medical, or other 09 emergency response; or 10 (2) a class A misdemeanor. 11 * Sec. 6. AS 11.46.330(b) is amended to read: 12 (b) Criminal trespass in the second degree is 13 (1) a class A misdemeanor if the conduct 14 (A) creates a substantial risk of physical injury to another 15 person; or 16 (B) interferes with a firefighting, medical, or other 17 emergency response; or 18 (2) a class B misdemeanor. 19 * Sec. 7. AS 11.61.150(a) is amended to read: 20 (a) A person commits the crime [OFFENSE] of obstruction of highways if the 21 person knowingly 22 (1) places, drops, or permits to drop on a highway any substance that 23 creates a substantial risk of physical injury to others using the highway; or 24 (2) renders a highway impassable or passable only with unreasonable 25 inconvenience or hazard. 26 * Sec. 8. AS 11.61.150(c) is amended to read: 27 (c) Obstruction of highways is 28 (1) a class C felony if the person 29 (A) violates (a)(1) of this section; or 30 (B) violates (a)(2) of this section and the conduct 31 (i) creates a substantial risk of physical injury to
01 another person; or 02 (ii) interferes with a firefighting, medical, or other 03 emergency response; or 04 (2) a class A misdemeanor [A VIOLATION PUNISHABLE BY A 05 FINE OF NOT MORE THAN $1,000]. 06 * Sec. 9. AS 11.61 is amended by adding a new section to read: 07 Sec. 11.61.155. Obstruction of free passage in public places. (a) A person 08 commits the crime of obstruction of free passage in public places if, under 09 circumstances not proscribed under AS 02.20.050, AS 11.61.150, or AS 38.05.128, 10 the person knowingly renders a public place impassable or passable only with 11 unreasonable inconvenience or hazard. 12 (b) This section does not apply to 13 (1) the obstruction of free passage in public places authorized by a 14 permit issued by a state agency or municipality of the state; or 15 (2) conduct otherwise authorized by law or the person in charge of the 16 premises. 17 (c) Obstruction of free passage in public places is 18 (1) a class A misdemeanor if the obstruction 19 (A) creates a substantial risk of physical injury to another 20 person; 21 (B) substantially interferes with a person's access to a public 22 place that renders governmental or judicial services; or 23 (C) interferes with a firefighting, medical, or other emergency 24 response; or 25 (2) a class B misdemeanor. 26 * Sec. 10. AS 38.05.128(f) is amended to read: 27 (f) A violation [OF (a)] of this section is 28 (1) a class A misdemeanor if the obstruction or interference 29 (A) creates a substantial risk of physical injury to another 30 person; or 31 (B) interferes with a firefighting, medical, or other
01 emergency; or 02 (2) a class B misdemeanor. 03 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to offenses committed on or after the effective 06 date of this Act. 07 * Sec. 12. This Act takes effect July 1. 2024.