Legislature(2023 - 2024)BARNES 124
03/21/2024 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB332 | |
| HB386 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 332 | TELECONFERENCED | |
| *+ | SB 141 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 386 | TELECONFERENCED | |
HB 386-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
2:17:00 PM
CHAIR MCCABE announced that the final 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."
2:17:35 PM
CHAIR VANCE moved to report HB 386 out of committee with
individual recommendations and the accompanying fiscal notes.
REPRESENTATIVE MINA objected.
2:17:52 PM
REPRESENTATIVE MINA spoke to her objection. She questioned the
role in balancing community safety, individual safety, and the
right to assembly. She said the testimony that she heard was
primarily in opposition to the bill due to its broad nature in
relation to First Amendment rights. She said she was not
confident that the bill would lead to de-escalation and she
reflected that it was too broad.
2:20:48 PM
REPRESENTATIVE STUTES expressed concern that she did not hear
one single testimony in favor of the bill, which could be a
solution looking for a problem. She commented on the vast
nature of the proposed legislation.
2:21:51 PM
REPRESENTATIVE MCKAY highlighted the riots from 2020, noting
that entire cities and blocks were destroyed. He said he
believed that the legislation was to ensure that nothing similar
happens in Alaska. He spoke against certain acts of protest and
stated that he supported the bill.
2:23:14 PM
REPRESENTATIVE C. JOHNSON clarified that it had happened in
Alaska. He recalled a group that chained themselves to the
railroad to prevent timber sales in the Tongass in the 1970s.
He expressed concern that Alaska was a "stand your ground"
state. He said he would hate to see a shootout between two
groups who were both in the right. He opined that a bill like
this would make obstruction of commerce unacceptable in Alaska.
2:26:15 PM
REPRESENTATIVE VANCE pointed out that it was already a crime to
chain oneself to the railroad. One cannot obstruct someone
else's right to freedom of movement, she said. She pointed to
Section 2 which would criminalize with a class 2 felony, similar
to the religious liberty bill that was recently passed. She
said that she viewed the bill as a matter of public safety and
opined that it would not limit the constitutional rights of
Alaskans. She agreed with the right to peacefully assemble and
referenced her community of Homer. She opined that the bill was
simple and straightforward and aligned with other areas of law.
She stated that she would help protect Alaskans.
2:28:59 PM
CHAIR MCCABE stated that one man's protest is another man's
vandalism. He questioned where one right ends and another
begins. He shared examples of blocking fishermen or blocking
ambulances. He added that the attorney general viewed the bill
as a preventative bill. He commented on the "protest du jour"
and put forth consideration for the rights of people who need to
get to work or pick their children up from school.
2:31:02 PM
REPRESENTATIVE MINA said she appreciated the conversation. She
agreed that there was violence and destruction of property, but
she believed that there were ways to enforce the violation of
property rights in those circumstances. She responded to the
scenario in which boats were blocked from fishing, suggesting
that it does not happen. She reiterated her concern about the
broadness of the bill and the importance of protecting First
Amendment rights. She encouraged committee members to be
mindful and she believed that most protestors would let
emergency services through.
2:34:29 PM
CHAIR MCCABE commented that if the Glenn Highway was blocked off
during afternoon traffic, one would not know that there was an
ambulance in the back of the traffic line, and the protestors
might not know. He said the ability to arrest protestors and
move them out of the way could help, and he stressed the need
for more discussion.
REPRESENTATIVE MINA maintained her objection.
2:35:58 PM
A roll call vote was taken. Representatives C. Johnson, McKay,
Vance, Stutes, Sumner, and McCabe voted in favor of reporting HB
386 from committee. Representative Mina voted against it.
Therefore, HB 386 was reported out of the House Transportation
Standing Committee by a vote of 6-1.