Legislature(2023 - 2024)GRUENBERG 120
04/15/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB386 | |
| HB105 | |
| HB338 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 386 | TELECONFERENCED | |
| *+ | HB 338 | TELECONFERENCED | |
| + | HB 105 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 386-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:19:23 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 386, "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."
1:19:51 PM
TREG TAYLOR, Attorney General, Office of the Attorney General,
Department of Law (DOL), on behalf of the House Rules Standing
Committee, sponsor by request of the governor, presented HB 386.
He directed attention to a PowerPoint presentation, entitled
"Obstruction of Access to Public Places" [hard copy included in
the committee packet]. He began on slide 2, "HB 386 Overview,"
which read as follows [original punctuation provided]:
Alaskans have a constitutional right to freedom of
movement within the state and to have free access to
public places.
Alaskans also have a constitutional right to peaceably
and lawfully assemble.
HB 386 is an Act to protect Alaskans' constitutional
rights.
1:21:00 PM
MR. TAYLOR continued to slide 3, "Freedom of Movement," which
read as follows [original punctuation provided]:
•Alaskans' right to freely move within the state is
violated when their access to public places and
facilities are unlawfully obstructed
•Unlawful obstruction presents a threat to public
safety - emergency vehicles are unable to respond when
a crucial roadway is obstructed
•Unlawful obstruction poses a threat to Alaska's
economy - businesses cannot operate normally; Alaskans
may be unable to get to work
•HB 386 imposes additional criminal penalties for
obstruction of public places and creates a civil cause
of action for a private citizen whose access is
unlawfully obstructed
•Penalties imposed by the bill discourage and deter
unlawful obstruction of public places
1:22:17 PM
MR. TAYLOR turned to slide 4, "Freedom of Assembly," which read
as follows [original punctuation provided]:
• Conduct that includes rendering highways,
roadways inaccessible or impassible is already
illegal.
• Freedom of expression is already subject to
time, place, and manner restrictions to prevent
interference with the rights of others
• Proposed bill targets the conduct of blocking
access to public places not Alaskans' right to
peaceably and lawfully assemble
• Provides Alaskans an avenue to remedy
against unlawful obstruction
1:23:03 PM
MR. TAYLOR advanced to slide 5, "Around the U.S.," which
featured two photos of protestors blocking traffic in
Washington, D.C. and a bridge in South Nyack, New York.
1:24:03 PM
MR. TAYLOR continued to slide 6, "Alaskans are Vulnerable,"
which read as follows [original punctuation provided]:
Dalton Highway
Obstructing the Haul Road during mobilization season
could have devastating effects on the oil patch
Seward Highway
Obstructing the Seward south of Anchorage blocks the
Kenai Peninsula from accessing the Port of Alaska and
the Ted Stevens Int'l Airport
Glenn Highway
Obstructing the Glenn north of Anchorage blocks every
community north of Anchorage from accessing the Port
of Alaska and the Ted Stevens Int'l Airport
Highway 2
Obstructing the road just inside the US/Canada border
blocks all traffic in and out of Alaska
1:25:32 PM
MR. TAYLOR deferred to Mr. Patterson for the sectional analysis.
1:25:42 PM
PARKER PATTERSON, Legislative Liaison, Department of Law (DOL),
on behalf of the House Rules Standing Committee, sponsor by
request of the governor, directed attention to slides 7-10,
"Sectional," which read as follows [original punctuation
provided]:
Section 1
Amends existing obstruction of airports statute to
prohibit general obstruction of runways
Section 2
Adds new penalties to the crime of obstruction of
airports and classifies specific conduct as class C
felony or class A misdemeanor
Section 3
Accounts for amendments in section 2 with a
conforming change
Section 4
Establishes strict liability in a civil case for
violations of any criminal statutes created or amended
by the bill and sets out provisions for civil cause of
action
Section 5
Amends the crime of criminal trespass in the first
degree to class C felony if the conduct creates a
substantial risk of physical injury or interferes with
an emergency response
Section 6
Amends the crime of criminal trespass in the second
degree to class A misdemeanor if the conduct creates a
substantial risk of physical injury or interferes with
an emergency response
Section 7
Accounts for amendments in section 8 with a
conforming change
Section 8
Makes obstructing a highway by dropping a substance
on the highway a class C felony if it creates a
substantial risk of physical injury or interferes with
an emergency response
Other highway obstruction class A misdemeanor
Section 9
Creates crime of obstruction of free passage in
public places, a class A misdemeanor if conduct
creates a substantial risk of physical injury or
interferes with an emergency response
Permitted conduct exempt
Section 10
Amends the crime of obstruction to navigable waters
to a class A misdemeanor if the conduct creates a
substantial risk of injury or interferes with an
emergency response
Other obstructions class B misdemeanor
Section 11
Provides prospective application of criminal offenses
amended in the bill
Section 12
Provides for a July 1, 2024 effective date
1:28:54 PM
MR. TAYLOR resumed the presentation on slide 11, "Summary,"
which read as follows [original punctuation provided]:
•The proposed bill is both content and viewpoint
neutral. It aims to
•Allow Alaskans to seek remedy when their right to
access public places is violated
•Deter and discourage unlawful conduct through
stronger criminal penalties
•Uphold Alaskans' constitutional right to assembly and
demonstration
CHAIR VANCE sought questions from committee members.
1:30:10 PM
REPRESENTATIVE GRAY asked Mr. Taylor to describe the specific
problems he had observed in Alaska, which the bill seeks to fix.
MR. TAYLOR listed several examples. He added that the bill
seeks to address future fights that the attorney general
anticipated would involve striking the right balance between
resource development and the environment. He said the bill is
intended to prevent damage from occurring.
1:31:55 PM
REPRESENTATIVE GRAY asked whether the bill would apply to Tribes
and whether Tribes would have the right to block the roads on
their own land.
MR. TAYLOR confirmed that the bill would apply to any person who
intentionally blocks or obstructs a highway in the state of
Alaska, including Tribes.
REPRESENTATIVE GRAY asked whether it would apply to homeless
people who may be blocking a sidewalk or alleyway.
MR. TAYLOR confirmed that it would apply to homeless individuals
who are blocking a road or sidewalk.
REPRESENTATIVE GRAY referenced a legal memorandum ("memo")
drafted by Claire Radford and Noah Klein, Legislative Legal
Services, that highlighted multiple constitutional issues with
the bill.
1:34:52 PM
REPRESENTATIVE ALLARD asked how the bill could be in violation
of a person's free right to assemble.
MR. TAYLOR said the bill was drafted at the behest of the
governor. He opined that the bill is constitutionally sound and
would stand up to legal challenges.
1:35:48 PM
The committee took a brief at-ease.
1:36:11 PM
REPRESENTATIVE ALLARD asked whether any bill could be
constitutionally challenged by any person at any time.
MR. TAYLOR confirmed that anybody can make a claim.
REPRESENTATIVE ALLARD expressed her appreciation for the
proposed legislation because [protestors] could be disruptive to
people's safety.
1:36:57 PM
REPRESENTATIVE CARPENTER directed attention to Section 4 and
asked whether someone outside the state could be held civilly
liable for promoting a particular event on social media.
MR. TAYLOR said it depend on what that person is saying. He,
added that if an individual or organization is directly
encouraging people to break the law in Alaska, that entity could
be held liable in violation of this law.
REPRESENTATIVE CARPENTER directed attention to Section 9 and
asked whether there is a distinction between subparagraph (B)
and subparagraphs (A) and (C).
MR. TAYLOR affirmed that interfering with access to a public
place that renders governmental or judicial services would bump
the penalty to a class A misdemeanor.
1:40:10 PM
REPRESENTATIVE CARPENTER highlighted the phrase "substantially
interferes" and asked how to define "impassable" and
"obstruction" and whether they're the same thing as
"unreasonable inconvenience."
MR. TAYLOR said those terms are not defined in statute.
Discernment would be left up to the judge or jury.
1:41:41 PM
REPRESENTATIVE CARPENTER asked whether whoever is in charge of
the public building would be in charge of determining an
"unreasonable interference."
MR. TAYLOR reiterated that discretion would be up to the
responding officer and the court.
1:42:26 PM
REPRESENTATIVE SUMNER recalled a dispute over the location of
the Iditarod trail in the Mat-Su borough and asked whether the
law would apply RS 2477 Rights-of-Way trails.
MR. TAYLOR shared his understanding that it would apply to that
scenario.
1:43:16 PM
REPRESENTATIVE GROH questioned whether lawsuits filed by private
citizens could attempt to financially bankrupt those with
unpopular opinions through the "very unusual" framework for
civil liability that's provided in Section 4.
MR. TAYLOR answered no, because if organizations follow the law,
they have nothing to worry about in this bill.
REPRESENTATIVE GROH asked whether the bill identifies a specific
period of time required before obstruction would be considered
criminal.
MR. TAYLOR answered no, the bill does not identify a time
period. He reiterated that it would be left up to the
discretion of the responding officers, prosecutors, judge, and
jury.
REPRESENTATIVE GROH asked whether the term "unreasonable
inconvenience" is defined in the bill.
MR. TAYLOR answered no.
REPRESENTATIVE GROH asked whether the legislation requires that
the obstruction prevents another person from passing.
MR. TAYLOR said that is one criterion. The other is
"unreasonably obstructs." He shared an example.
1:47:50 PM
REPRESENTATIVE GROH asked whether the lack of a definition of
"unreasonable inconvenience" could lead a court to declare the
legislation unconstitutional due to vagueness.
MR. TAYLOR replied that he does not have that worry.
1:48:33 PM
REPRESENTATIVE GROH asked whether it would be useful to hear
from legislative attorneys given the seven-page opinion from
Legislative Legal Services.
MR. TAYLOR reiterated that he is not concerned about the bill
violating the Alaska Constitution in any way.
CHAIR VANCE announced that the bill would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 386 - Transmittal Letter v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - Sectional Analysis v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - Highlights v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 338 - Sponsor Statement 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 Sectional Analysis 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 - Zero Fiscal Impact Statement.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| CSHB 105 - Sponsor Statement Parental Rights TL House.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - v.S.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC) Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC) Summary of Changes.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC)-EED-PEF-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC)-EED-FP-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 105 - Proposed CS v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 386 - PowerPoint Presentation.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| Judiciary CS to HB 105 - Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 338 - Supporting Documents.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| CSHB 105 - Sectional Analysis v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |