Bill Text 30th Legislature
- Session Laws
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.
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
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
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
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
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
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
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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