04/16/2014 09:00 AM House RULES

                 SB 201-NOTICE AGAINST TRESPASS                                                                             
                                                                                                                                
9:12:12 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON announced that the  next order of business would be                                                               
CS FOR  SENATE BILL NO. 201(JUD),  "An Act relating to  the crime                                                               
of trespass."                                                                                                                   
                                                                                                                                
9:12:45 AM                                                                                                                    
                                                                                                                                
DARWIN  PETERSON,  Staff,  Senator  Bert  Stedman,  Alaska  State                                                               
Legislature, speaking on behalf  of the sponsor, Senator Stedman,                                                               
paraphrased   from  the   following  written   sponsor  statement                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Current state law gives a  person who enters or remains                                                                    
     on unimproved  or apparently unused land  the privilege                                                                    
     to  do  so unless  notice  against  trespass is  given.                                                                    
     There  are  two ways  notice  against  trespass can  be                                                                    
     given:     1)if   the   landowner   or  an   authorized                                                                    
     representative  personally communicates  to the  person                                                                    
     that  trespass is  prohibited;  or  2)if "no  trespass"                                                                    
     signs  are  posted.    AS  11.46.350(c)  specifies  the                                                                    
     requirements  for  posting  "no trespass"  signs  which                                                                    
     are:                                                                                                                       
             o It must be printed in English                                                                                    
             o It must be at least 144 square inches in                                                                         
               size;                                                                                                            
             o It must contain the name and address of the                                                                      
               landlord or an authorized representative;                                                                        
             o It must be posted at every roadway or access                                                                     
               point to the property;                                                                                           
             o In the case of an island, it must be posted                                                                      
               on the perimeter of each cardinal point of                                                                       
               the island;                                                                                                      
             o Furthermore, the sign must state what                                                                            
               specific activities are prohibited such as                                                                       
               "no hunting", "no fishing", or "no digging."                                                                     
                                                                                                                                
     [SB]  201 would  repeal AS  11.46.350(c) from  statute,                                                                    
     thereby   removing  the   excessive  requirements   for                                                                    
     posting  numerous  no  trespassing signs  in  order  to                                                                    
     protect access  to private  property.   If we  don't do                                                                    
     this,  intentional  trespassers  will continue  to  use                                                                    
     this section  of statute  as a  legal defense  to enter                                                                    
     and remain  on private land.   All  they have to  do is                                                                    
     find an access point that isn't posted.                                                                                    
                                                                                                                                
     Many Alaskans own private  property in remote locations                                                                    
     with  severe  weather.   No  trespassing  signs can  be                                                                    
     blown  down, removed  by vandals,  or covered  by snow.                                                                    
     The lack  of visible signage  at every access  point to                                                                    
     your  property should  not be  a legitimate  excuse for                                                                    
     trespassers.   It should be  the responsibility  of the                                                                    
     individual to find out beforehand  if the property they                                                                    
     want to use is public or private.                                                                                          
                                                                                                                                
     This  won't  result in  a  flood  of criminal  trespass                                                                    
     charges against  the average citizen  who is out  for a                                                                    
     hike or wanders across someone's  private land.  In the                                                                    
     1987 case of Johnson v.  State, the court established a                                                                    
     prerequisite   for  conviction   for  the   offense  of                                                                    
     criminal  trespass.   The state  is obligated  to prove                                                                    
     beyond a reasonable doubt  that the defendant knowingly                                                                    
     remained  on   the  premises  after   personally  being                                                                    
     ordered  to  leave.   Finally,  this  won't change  the                                                                    
     legal right of  a person to use private  property in an                                                                    
     emergency.    AS   11.46.340  provides  an  affirmative                                                                    
     defense against prosecution if  someone enters and uses                                                                    
     private  property in  the case  of  immediate and  dire                                                                    
     need.                                                                                                                      
                                                                                                                                
9:15:15 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON opened public testimony on SB 201.                                                                                
                                                                                                                                
9:15:40 AM                                                                                                                    
                                                                                                                                
ROD ARNO,  Executive Director, Alaska  Outdoor Council,  began by                                                               
noting that the Alaska Outdoor  Council (AOC) represents about 48                                                               
clubs and 10,000 Alaskans.   Mr. Arno related his appreciation of                                                               
the timeliness of  this legislation since at least  12 percent of                                                               
the state  is private property  much of which is  undeveloped and                                                               
Alaska Native  Claims Settlement Act  (ANCSA) land that  has been                                                               
transferred.   Although  the AOC  does  support private  property                                                               
rights,  he expressed  concern with  having  the availability  of                                                               
adequate mapping of  what land is state, public  domain land from                                                               
the Department of Natural Resources  (DNR).  He suggested that at                                                               
this point the  state would be unable to  provide coordinates for                                                               
state public land to Alaskans.   Mr. Arno said that at this point                                                               
AOC  doesn't oppose  this legislation,  but  would like  concerns                                                               
addressed later.                                                                                                                
                                                                                                                                
9:17:35 AM                                                                                                                    
                                                                                                                                
AL BARRETTE  echoed Mr.  Arno's suggestion  that the  state begin                                                               
mapping the state  lands and make that  information available for                                                               
public technologies.   He explained that  without the boundaries,                                                               
the  currently  available  technologies  won't  work.    He  then                                                               
related the  following unintended consequences of  posting or not                                                               
posting property.  In July 2009,  he was dipnetting on the Chitna                                                               
River and was  approached by land officers of  the local [Native]                                                               
corporation who claimed he was  trespassing on their property and                                                               
demanded a $20  fine.  He paid the $20  fine with the stipulation                                                               
that he didn't believe he  was trespassing and would research the                                                               
matter.   After  researching  the state  maps,  he determined  he                                                               
wasn't  on the  [Native] corporation's  land.   However, it  took                                                               
until December  1, 2009, to be  reimbursed the $20 fine  that was                                                               
collected.  The situation illustrates  that the trespassing issue                                                               
can go both ways  in terms of claiming what is  or is not private                                                               
property.   Mr. Barrette  then noted  that he uses  a lot  of the                                                               
R.S. 2477  rights-of-way, which aren't  mapped or surveyed.   The                                                               
aforementioned  could  result  in   a  troublesome  situation  in                                                               
determining  whether one  is trespassing  on private  property or                                                               
not.   He encouraged the  committee to approach  this legislation                                                               
cautiously as there are many pitfalls to it.                                                                                    
                                                                                                                                
9:19:55 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON,  upon determining no  one else wished  to testify,                                                               
closed public testimony on SB 201.                                                                                              
                                                                                                                                
9:20:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER  mentioned   that  the   House  Judiciary                                                               
Standing Committee  heard the companion  legislation and  came to                                                               
the  same conclusion:   that  although the  legislation is  not a                                                               
perfect solution, it is good  legislation.  He stated support for                                                               
CSSB 201(JUD).                                                                                                                  
                                                                                                                                
9:20:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  pointed   out   that  the   companion                                                               
legislation  to SB  201  is HB  375,  both of  which  - in  their                                                               
original forms  - repealed subsection AS  11.46.350(b).  However,                                                               
both  SB  201   and  HB  375  were  amended  to   not  repeal  AS                                                               
11.46.350(b).                                                                                                                   
                                                                                                                                
9:22:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON moved  to report  SB 201  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  SB 201 was reported  from the                                                               
House Rules Standing Committee.                                                                                                 
                                                                                                                                
9:22:21 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:22 a.m. to 9:24 a.m.                                                                       
                                                                                                                                
9:24:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON moved that  the committee rescind its action                                                               
in  reporting SB  201 from  the House  Rules Standing  Committee.                                                               
There  being   no  objection,  CSSB   201(JUD)  was   before  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:24:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON  then moved to  report CSSB 201(JUD)  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  201(JUD)  was                                                               
reported  from   the  House  Rules  Standing   Committee  and  is                                                               
available for calendaring.