2025-01-27                     House Journal                      Page 0080
HB 71                                                                                                                         
HOUSE BILL NO. 71 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to obstruction; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Transportation and Judiciary                                                        
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Zero, Dept. of Public Safety                                                                                                 
                                                                                                                                
The Governor's transmittal letter dated January 24 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to obstruction of access                                                        
to public places.                                                                                                               
                                                                                                                                
Alaskans have a constitutional liberty interest in freely moving about                                                          
the State. This bill will protect the right to freedom of movement                                                              
against infringement by increasing and expanding existing criminal                                                              
prohibitions on obstructing public places and rights-of-way and by                                                              
establishing new civil liability for obstruction of public places.                                                              
                                                                                                                                
This bill establishes a new crime of obstruction in public places, which                                                        
involves the obstructing or blocking a public place, or dropping a                                                              
substance that creates a substantial risk of physical injury. The bill also                                                     
increases the penalties for obstructing public places, including airport                                                        
runways and navigable waterways, where there is substantial risk of                                                             
physical harm or interference with emergency response.                                                                          

2025-01-27                     House Journal                      Page 0081
Finally, the bill creates a new civil cause of action by any person who                                                         
is obstructed and provides for statutory damages in addition to                                                                 
compensatory and other damages. Liability extends to persons and                                                                
organizations that conspire with or encourage, with actual malice,                                                              
anyone who engages in public obstruction. There is no liability for                                                             
those who obtain a permit or other appropriate authorization to utilize                                                         
a public place, nor are governmental entities subject to liability for                                                          
obstructing public places in the course of their management and                                                                 
control of such places.                                                                                                         
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"