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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 355                                                                                                         
01 Relating to the crime of criminally negligent burning; relating to protection of and fire                               
02 management on forested land; relating to prohibited acts and penalties for prohibited acts on                           
03 forested land; requiring the Alaska Supreme Court to establish a bail schedule; and providing                           
04 for an effective date.                                                                                                  
05                           _______________                                                                               
06    * Section 1. AS 11.46.427(a) is amended to read:                                                                     
07            (a)  A person commits the crime of criminally negligent burning in the first                                 
08       degree if the person                                                                                              
09                 (1)  violates AS 11.46.430; and                                                                         
10                 (2)  within the preceding 10 years, has been convicted on two separate                                  
11       occasions of violating                                                                                            
12                      (A)  AS 11.46.400 - 11.46.430;                                                                 
13                      (B)  misdemeanor crimes under AS 41.15.060 - 41.15.120; or                                       
14                      (C)  [AS 41.15.150 OR] a law or ordinance of this or another                                     
01            jurisdiction with elements similar to the [THOSE] offenses in (A) or (B) of                              
02            this paragraph.                                                                                            
03    * Sec. 2. AS 41.15.010 is amended to read:                                                                           
04 Sec. 41.15.010. Intent. It is the intent of AS 41.15.010 - 41.15.170 to provide                                         
05 protection from wildland fire and other destructive agents, commensurate with the                                       
06 values at risk, on forested land that is owned privately, by the state, or by a                                       
07       municipality.                                                                                                     
08    * Sec. 3. AS 41.15.040 is amended to read:                                                                           
09            Sec. 41.15.040. Right of entry to control and suppress fires. Upon approval                                  
10 by the commissioner or an authorized agent, an employee of the division of forestry                                   
11 [LANDS], or of any organization authorized to prevent, control, or suppress a fire or a                                 
12 destructive agent, and others assisting in the control or suppression of a fire upon                                    
13 request of an officer or employee of the United States or the state may, when                                         
14 responding to a wildland fire or suspected wildland fire or administering the                                         
15 provisions of this chapter, [AT ANY TIME] enter upon any land, whether publicly                                       
16 or privately owned, for the purpose of preventing, investigating, suppressing, or                                     
17       controlling a wildland fire or a destructive agent.                                                               
18    * Sec. 4. AS 41.15.040 is amended by adding a new subsection to read:                                                
19 (b)  A person may not interfere with or prohibit the access authorized under (a)                                        
20       of this section.                                                                                                  
21    * Sec. 5. AS 41.15.050 is amended to read:                                                                           
22 Sec. 41.15.050. Fire season. The period from April 1 to August 31, inclusive,                                           
23 of each year is designated the fire season. [THE COMMISSIONER MAY                                                       
24 DESIGNATE OTHER PERIODS AS FIRE SEASON.] The commissioner may, at                                                     
25 any time, proclaim an additional period for all or any portion of the state when                                      
26 weather or other conditions require action for the protection of forested land. The                                     
27 commissioner may also, at any time [DURING THE FIRE SEASON], prohibit, or                                             
28 allow only by permit, the setting of fires, smoking, entry, or other use on the land,                                   
29 when, in the judgment of the commissioner, the activities would unduly increase the                                     
30       fire danger.                                                                                                      
31    * Sec. 6. AS 41.15.060 is amended to read:                                                                           
01 Sec. 41.15.060. Permits. The commissioner shall, by regulation, prescribe the                                           
02 conditions of and the manner for obtaining a permit for the setting of fires, use of                                  
03 burning devices, and other activities and uses of land that increase fire danger [.                                   
04 FAILURE TO OBTAIN THE REQUIRED PERMIT, OR VIOLATION OF A                                                                
05       CONDITION OF THE PERMIT IS A MISDEMEANOR].                                                                        
06    * Sec. 7. AS 41.15.060 is amended by adding a new subsection to read:                                                
07            (b)  A person may not set fires, use burning devices, or conduct other activities                            
08       or use land that increases fire danger without a permit as prescribed by the                                      
09       commissioner in regulation under (a) of this section.                                                             
10    * Sec. 8. AS 41.15.070 is amended to read:                                                                           
11 Sec. 41.15.070. Disposal of burning materials. During the fire season, a                                              
12 burn closure, or restriction established under AS 41.15.050, a [A] person may not                                   
13 discard any [WHO, DURING THE FIRE SEASON, THROWS AWAY] lighted                                                        
14 tobacco, cigar, cigarette, match, firecracker, or other burning material on forested land                               
15       [, WHETHER PUBLIC OR PRIVATE, IS GUILTY OF A MISDEMEANOR].                                                        
16    * Sec. 9. AS 41.15.090 is amended to read:                                                                           
17 Sec. 41.15.090. Building or leaving fires. A person may not start [WHO                                                
18 BUILDS] a fire in or near forested land [TIMBER, BRUSH, GRASS, OR OTHER                                               
19 INFLAMMABLE MATERIAL] without first clearing the ground immediately around                                              
20 it free from materials that will carry fire [OR WHO LEAVES THE FIRE BEFORE                                              
21       TOTALLY EXTINGUISHING IT, IS GUILTY OF A MISDEMEANOR].                                                            
22    * Sec. 10. AS 41.15.090 is amended by adding a new subsection to read:                                               
23 (b)  A person who starts a fire in or near forested land may not leave the fire                                         
24       before totally extinguishing the fire.                                                                            
25    * Sec. 11. AS 41.15.100 is amended to read:                                                                          
26 Sec. 41.15.100. Setting fires without consent. A person may not set [WHO                                              
27 SETS] on fire forested land [TIMBER, BRUSH, GRASS,] or other inflammable                                              
28 material located or growing on land that is not owned, possessed, or controlled by the                                  
29 person, without the consent of the owner or lawful occupant of the land [, IS GUILTY                                    
30       OF A MISDEMEANOR].                                                                                                
31    * Sec. 12. AS 41.15.110 is amended to read:                                                                          
01 Sec. 41.15.110. Uncontrolled spread of fire; leaving fire unattended. (a) A                                             
02 person who knows of a fire or sets a fire on forested land owned, possessed, or                                         
03 controlled by the person, shall exercise due care to prevent the uncontrolled spread of                                 
04 the fire. [A PERSON FAILING TO EXERCISE DUE CARE WHICH RESULTS IN                                                       
05 SPREAD OF THE FIRE AND DAMAGE TO PROPERTY OF ANOTHER IS                                                                 
06       GUILTY OF A MISDEMEANOR.]                                                                                         
07 (b)  A person shall [WHO NEGLECTS TO] make every effort possible to                                                   
08 extinguish a fire the person knowingly sets on forested land and may not leave a fire                                 
09 unattended [OR WHO LEAVES SUCH A FIRE UNATTENDED IS GUILTY OF A                                                       
10       MISDEMEANOR].                                                                                                     
11 (c)  In a criminal action brought under this section, the escape of the fire may                                      
12 be considered by a court as [IS PRESUMPTIVE] evidence that [OF NEGLIGENCE                                           
13 BY] the person responsible for starting the fire acted knowingly [AND UNLESS                                          
14       REBUTTED IS SUFFICIENT TO SUSTAIN A CONVICTION].                                                                  
15    * Sec. 13. AS 41.15.120 is amended to read:                                                                          
16 Sec. 41.15.120. Failure to assist in preventing or suppressing fires. If an                                             
17 officer or employee of the United States or the state who is authorized to prevent,                                   
18 investigate, or suppress fires requests a person to assist in the prevention or                                       
19 suppression of a fire and informs the person of the officer or employee's official status,                              
20 [AND] the person shall [FAILS TO] assist the officer or employee [IN THE                                              
21 PERFORMANCE OF DUTIES, THE PERSON IS GUILTY OF A                                                                        
22       MISDEMEANOR].                                                                                                     
23    * Sec. 14. AS 41.15.130 is amended to read:                                                                          
24 Sec. 41.15.130. Backfires and burnouts excluded. AS 41.15.010 - 41.15.040                                           
25 and 41.15.050 - 41.15.170 [AS 41.15.010 - 41.15.170] do not apply to the setting of                                   
26 backfires, burnouts, and other burning or clearing of land [A BACKFIRE] under                                         
27 the direction of an officer or employee of the United States or the state who is                                        
28       authorized to prevent or suppress fires.                                                                          
29    * Sec. 15. AS 41.15.140 is repealed and reenacted to read:                                                           
30            Sec. 41.15.140. Penalty. Except as provided in AS 41.15.150, a person who                                    
31 (1)  knowingly violates a provision of AS 41.15.040 - 41.15.130 is                                                      
01       guilty of a class A misdemeanor punishable as provided in AS 12.55;                                               
02                 (2)  without any culpable mental state, violates a provision of                                         
03       AS 41.15.040 - 41.15.130 or a regulation adopted under AS 41.15.040 - 41.15.130 is                                
04       guilty of a violation and upon conviction is punishable by a fine under AS 12.55.                                 
05    * Sec. 16. AS 41.15.150 is repealed and reenacted to read:                                                           
06            Sec. 41.15.150. Criminal burning of forested land in the first degree. (a) A                                 
07       person commits the crime of criminal burning of forested land in the first degree if                              
08                 (1)  the person violates AS 41.15.155; and                                                              
09                 (2)  the person's actions or conduct violate a provision of AS 41.15.010                                
10       - 41.15.130 or a regulation adopted under AS 41.15.010 - 41.15.130.                                               
11 (b)  Criminal burning of forested land in the first degree is a class B felony                                          
12       punishable as provided in AS 12.55.                                                                               
13    * Sec. 17. AS 41.15 is amended by adding a new section to read:                                                      
14 Sec. 41.15.155. Criminal burning of forested land in the second degree. (a)                                             
15 A person commits the crime of criminal burning of forested land in the second degree                                    
16       if                                                                                                                
17                 (1)  the person knowingly sets a fire;                                                                  
18                 (2)  with criminal negligence, the person                                                               
19                      (A)  permits the fire to spread beyond the person's control; or                                    
20 (B)  fails to prevent the fire from spreading to forested land or                                                       
21            other flammable material; and                                                                                
22 (3)  as a result, the fire burns forested land or other flammable material                                              
23       located or growing on land that is not owned, possessed, or controlled by the person.                             
24 (b)  Criminal burning of forested land in the second degree is a class C felony                                         
25       punishable as provided in AS 12.55.                                                                               
26    * Sec. 18. AS 41.15.160 is amended to read:                                                                          
27 Sec. 41.15.160. Double damages in civil actions. In addition to the criminal                                            
28 punishment provided for by AS 11.46.400 - 11.46.450, AS 41.15.140, 41.15.150, and                                     
29 41.15.155 [AS 41.15.010 - 41.15.170], the United States, the state, a municipality, or                                
30 any person may recover in a civil action double the amount of damages sustained as a                                    
31 consequence of a violation of AS 11.46.400 - 11.46.450, AS 41.15.010 - 41.15.155                                      
01 [AS 41.15.010 - 41.15.170]. In a civil action brought under AS 41.15.010 - 41.15.170                                    
02 or any other law relating to the subject matter of AS 41.15.010 - 41.15.170, the escape                                 
03 of a fire is presumptive evidence of negligence by the person responsible for starting                                  
04       the fire and unless rebutted is sufficient to sustain the recovery.                                               
05    * Sec. 19. AS 41.15.170 is amended by adding new paragraphs to read:                                                 
06                 (5)  "criminal negligence" has the meaning given in AS 11.81.900;                                       
07                 (6)  "knowingly" has the meaning given in AS 11.81.900.                                                 
08    * Sec. 20. AS 41.15.950(b) is amended to read:                                                                       
09            (b)  A person designated in (a) of this section may, when enforcing the                                      
10       provisions of this chapter or a regulation adopted under this chapter,                                            
11 (1)  execute a warrant or other process issued by an officer or court of                                                
12       competent jurisdiction;                                                                                           
13                 (2)  administer or take an oath, affirmation, or affidavit; [AND]                                       
14 (3)  arrest a person who violates a provision of this chapter or a                                                      
15       regulation adopted under this chapter; and                                                                      
16 (4)  issue a citation to a person who violates a provision of                                                         
17       AS 41.15.010 - 41.15.170 or a regulation adopted under this chapter.                                            
18    * Sec. 21. AS 41.15.950 is amended by adding a new subsection to read:                                               
19 (c)  A person is not required under this section to disclose a deadly weapon                                            
20       under AS 11.61.220(a)(1)(A) to a peace officer described under (a)(1) of this section.                            
21    * Sec. 22. AS 41.15 is amended by adding a new section to read:                                                      
22 Sec. 41.15.960. Bail schedules. The supreme court shall establish by rule or                                            
23 order a schedule of bail amounts for offenses under this chapter or under regulations                                   
24 adopted under this chapter that allow the disposition of a citation without a court                                     
25 appearance. The bail amount may not exceed the maximum fine authorized by law for                                       
26       that offense.                                                                                                     
27    * Sec. 23. AS 41.15.080 is repealed.                                                                                 
28    * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to                           
29 read:                                                                                                                   
30 TRANSITION: REGULATIONS. The Department of Natural Resources may adopt                                                  
31 regulations necessary to implement the changes made by this Act. The regulations take effect                            
01 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                             
02 implemented by the regulation.                                                                                          
03    * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to                           
04 read:                                                                                                                   
05       TRANSITION: SCHEDULE OF BAIL AMOUNTS. Notwithstanding AS 41.15.960,                                               
06 enacted by sec. 22 of this Act, the supreme court shall establish the bail schedule required                            
07 under sec. 22 of this Act within 120 days after the effective date of sec. 22 of this Act.                              
08    * Sec. 26. Sections 24 and 25 of this Act take effect immediately under AS 01.10.070(c).                             
09    * Sec. 27. Except as provided in sec. 26 of this Act, this Act takes effect July 1, 2018.                            
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