03/17/2014 01:30 PM Senate JUDICIARY

          SB 201-CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                      
                                                                                                                                
1:39:35 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  SB  201,"An  Act  relating to  the  crime  of                                                               
trespass." This was the first hearing.                                                                                          
                                                                                                                                
1:39:52 PM                                                                                                                    
SENATOR  STEDMAN,  Alaska   State  Legislature,  Juneau,  Alaska,                                                               
sponsor  of SB  201, introduced  the legislation  by reading  the                                                               
following   sponsor   statement   into  the   record:   [Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
     As  a  landowner,  you  have   the  right  to  regulate                                                                    
     activities  on  your   property.  However,  in  Alaska,                                                                    
     current  state  law gives  a  person  the privilege  to                                                                    
     enter  and remain  on unimproved  or apparently  unused                                                                    
     land  that isn't  posted with  "no trespassing"  signs.                                                                    
     Furthermore, a sign  must be placed at  each roadway or                                                                    
     access point onto the property.                                                                                            
     Many Alaskans own private  property in remote locations                                                                    
     with  inclement weather.  No trespassing  signs can  be                                                                    
     blown  down, removed  by vandals,  or covered  by snow.                                                                    
     The  lack   of  visible  signage  should   not  absolve                                                                    
     trespassers of guilt.                                                                                                      
                                                                                                                                
     Senate   Bill   201   would   repeal   Alaska   Statute                                                                    
     11.46.350(b) and (c),  thereby removing the requirement                                                                    
     that private  property be posted in  order for criminal                                                                    
     trespass  laws  to  be  enforced.   It  should  be  the                                                                    
     responsibility of  the individual to know  who owns the                                                                    
     property that  they want to access.  Today's technology                                                                    
     allows many options for  individuals to identify public                                                                    
     and private property boundaries  such as topo maps that                                                                    
     can  be  downloaded  on  a   smart  phone  or  GPS.  In                                                                    
     addition, the  public can access maps  showing property                                                                    
     boundaries  from   the  state  Department   of  Natural                                                                    
     Resources,  the  U.S.  Geological Survey,  as  well  as                                                                    
     municipal plats available at city hall.                                                                                    
                                                                                                                                
1:42:12 PM                                                                                                                    
SENATOR STEDMAN opined that "No  Trespassing" signs are offensive                                                               
to many  and putting them up  can create more problems  than they                                                               
solve. This  legislation is  intended to  eradicate the  need for                                                               
those signs.                                                                                                                    
                                                                                                                                
1:45:33 PM                                                                                                                    
SENATOR OLSON  asked if his attitude  would change if he  were to                                                               
find that  his own cabin  was used and  burned to the  ground. He                                                               
provided an example where someone might  need to use the cabin in                                                               
an emergency.                                                                                                                   
                                                                                                                                
SENATOR STEDMAN said  he didn't think so. When it's  a health and                                                               
safety issue  someone could  use the  cabin. He  did not  see the                                                               
effectiveness in that situation.                                                                                                
                                                                                                                                
CHAIR  COGHILL  noted  that Captain  Burke  Waldron  and  Quinlan                                                               
Steiner were available to answer questions.                                                                                     
                                                                                                                                
SENATOR  OLSON commented  that someone  in need  would break  the                                                               
lock to get into a cabin.                                                                                                       
                                                                                                                                
1:47:50 PM                                                                                                                    
SENATOR DYSON observed that this  didn't change the law regarding                                                               
vandalism of private property.                                                                                                  
                                                                                                                                
SENATOR STEDMAN said "not in a  literal form." He opined that the                                                               
bill would not incite people.                                                                                                   
                                                                                                                                
CHAIR  COGHILL asked  Captain Waldron  his  view of  the bill  in                                                               
terms of whether no trespassing  signs are an enticement or serve                                                               
a legal purpose of fair warning.                                                                                                
                                                                                                                                
1:49:44 PM                                                                                                                    
CAPTAIN  BURKE   WALDRON,  Operations  Commander,   Alaska  State                                                               
Troopers,  Division of  Alaska Wildlife  Troopers, Department  of                                                               
Public  Safety,   Anchorage,  Alaska,  advised  that   he's  seen                                                               
situations  where the  signs are  vandalized or  removed, but  he                                                               
couldn't  speak  to  whether  it  entices  further  vandalism  or                                                               
criminal mischief.                                                                                                              
                                                                                                                                
CHAIR COGHILL asked  if it's reasonable to expect  people to know                                                               
their location based on GPS information.                                                                                        
                                                                                                                                
CAPTAIN WALDRON said  he hasn't verified the accuracy  of any GPS                                                               
units,  but  found  some  of  them to  be  accurate.  The  Alaska                                                               
Department  of Fish  and  Game  (ADF&G) has  tested  some of  the                                                               
software and  found the  programs to be  accurate. He  noted that                                                               
not everyone has access to a GPS.                                                                                               
                                                                                                                                
CHAIR  COGHILL  asked  Mr.  Steiner  if  the  bill  removes  some                                                               
protections for private land owners.                                                                                            
                                                                                                                                
1:52:36 PM                                                                                                                    
QUINLAN STEINER, Director, Public  Defender Agency, Department of                                                               
Administration, Anchorage,  Alaska, replied  he didn't  think the                                                               
bill  would remove  protections for  private land  owners. People                                                               
who  inadvertently  or  recklessly   enter  land  could  be  held                                                               
criminally liable. The standard would probably be "reckless."                                                                   
                                                                                                                                
CHAIR COGHILL  offered that a  posted sign says what  is expected                                                               
of an  individual. He asked  if the  sign was not  there, whether                                                               
the  person could  reasonably  claim  to not  know  the land  was                                                               
private.                                                                                                                        
                                                                                                                                
MR.  STEINER  replied  they  could argue  they  didn't  know.  An                                                               
alternative would  be to handle  it as  a violation with  a civil                                                               
fine, rather than with a criminal penalty.                                                                                      
                                                                                                                                
SENATOR STEDMAN  said he didn't  believe that a  prosecutor would                                                               
bring charges against  Senator Dyson if he were  found on private                                                               
property.                                                                                                                       
                                                                                                                                
CHAIR COGHILL  commented on his  experience in Nenana  where land                                                               
was  not  posted, but  he  knew  not to  go  on  the land  unless                                                               
invited.                                                                                                                        
                                                                                                                                
SENATOR DYSON  highlighted that Mr.  Steiner made the  point that                                                               
this  doesn't  reduce  rights  and  protections  of  the  private                                                               
property owner. This just removes the  need for a sign. He opined                                                               
the bill is on target and said he agrees with the intent.                                                                       
                                                                                                                                
CHAIR COGHILL commented  that he appreciates the  behavior a sign                                                               
might elicit.                                                                                                                   
                                                                                                                                
SENATOR DYSON commented on a sign in Oregon.                                                                                    
                                                                                                                                
1:57:51 PM                                                                                                                    
CHAIR COGHILL  announced he  would hold SB  201 in  committee for                                                               
further consideration.