Legislature(2023 - 2024)BUTROVICH 205
03/14/2024 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB255 | |
| SB218 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 255 | TELECONFERENCED | |
| *+ | SB 218 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 255-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:32:54 PM
CHAIR KAUFMAN announced the consideration of SENATE BILL NO.
255. 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."
1:33:17 PM
CORI MILLS, Deputy Attorney General, Civil Division, Department
of Law (DOL), Juneau, Alaska, presented SB 255 on behalf of the
administration. Ms. Mills opened the presentation with slide 1
and called the committees attention to news reports of
obstructions to public places through intentional choice:
• A recent gathering blocked all 3 lower Manhattan bridges,
impacting tens of thousands of people crossing, by car, by
bike and by foot.
• A man in South Carolina blocked the entry to a health care
facility.
• Individuals blocked an interstate in Virginia.
She quoted the Governor of Virginia: "It is unacceptable to
block interstates, endanger the lives of Virginians and cause
mayhem on our roads." She said this was the impetus for SB 255.
MS. MILLS moved to slide 2 of the presentation and said SB 255
seeks to balance two constitutional rights: the right to freedom
of movement free access to public spaces and the right to
peaceably and lawfully assemble. She stated that SB 255 does not
impact people's freedom of assembly or freedom of speech. It
does seek to prevent people from unlawfully obstructing access
for others while also providing opportunities for peaceful
assembly. She said SB 255 has no viewpoint discrimination, she
said it is a time, place and manner restriction and complies
with the constitution.
[Original punctuation provided.]
SB 255 Overview
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.
SB 255 is an Act to protect Alaskans' constitutional
rights.
1:36:21 PM
MS. MILLS moved to slide 3. She emphasized the potential public
safety, supply chain and economic system impacts of obstructing
access. She opined that free speech can be exercised in the
proper place without blocking public access. SB 255 would ensure
that Alaskan citizens whose lives are significantly impacted by
[an incident of] obstructed access are provided the opportunity
to take action through criminal penalties and by creating a new
civil course of action for private citizens. She clarified that
a "public place" is already defined under AS.11.81.900 and she
read the definition to the committee.
[Original punctuation provided.]
Freedom of Movement
• 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
1:38:49 PM
SENATOR WILSON asked how prisons are "public".
1:38:58 PM
MS. MILLS replied that it is in the definition. She stated her
belief that [the definition] refers to access to visitors to the
facilities, not access to the cells.
1:39:41 PM
MS. MILLS moved to slide 4 and reiterated that it is not the
intent of SB 255 to restrict freedom of expression. She proposed
that there are many opportunities and venues for groups and
individuals to gather and freely express their views. She said
SB 255 seeks to prevent obstruction of public spaces.
[Original punctuation provided.]
Freedom of Assembly
• Conduct that includes rendering highways,
roadways inaccessible or impassable 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.
1:40:22 PM
MS. MILLS moved to slide 5. She deferred to Parker Patterson for
the presentation of the sectional analysis.
1:40:38 PM
PARKER PATTERSON, Assistant Attorney General, Department of Law
(DOL), Juneau, Alaska, moved to Slides 6 - 8 and presented the
sectional analysis for SB 255.
[Original punctuation provided.]
Sectional
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
1:44:17 PM
SENATOR WILSON said Big Lake has a regular Fourth of July
gathering that is generally peaceable and wouldn't be subject to
municipal permitting. He described an incident that required
emergency services during the event and asked whether SB 255
would apply to [an obstruction during] that gathering,
considering that the conditions of the incident appear to be
described in the bill.
1:45:00 PM
MS. MILLS said there were two areas of discretion to consider
for legal action to proceed:
• Prosecutorial discretion would apply to whether
participants knowingly obstructed.
• Law Enforcement discretion: considers how law
enforcement would deal with the situation.
MS. MILLS proposed that this is a good example of circumstances
which would benefit from a law like SB 255: to give law
enforcement tools to deal with a situation in which fire safety
or public safety is at risk.
1:46:11 PM
SENATOR WILSON asked about events for which it is known that an
obstruction will occur and isn't practically avoidable, and for
which there isn't provision for a permitting process. He
wondered how SB 255 would be applied and how it would be
communicated to people. He also expressed concern that
discretion is not always applied equitably to all within the
state.
1:47:25 PM
MS. MILLS said he makes good policy points for consideration.
She noted that many components in SB 255 are already unlawful.
SB 255 provides specific tools and increased penalties to deter
undesirable behavior. She maintained that in the absence of a
municipal authority, Department of Natural Resources or
Department of Transportation should be consulted.
1:48:04 PM
SENATOR WILSON described a hypothetical peaceful, civil protest
in a rural area, Delta Junction, for example and wondered how
that would be handled. He expressed concern that enforcement
might keep people from having the opportunity to peacefully
protest.
MS. MILLS noted the "knowingly" component.
1:48:50 PM
SENATOR WILSON maintained that if there is a parade or a march,
organizers knowingly know a road is going to be blocked. He
asserted that is the premise. He asserted that if the intent is
to cause a disruption to gain more media and press attention,
that is something different. He said, with any type of
demonstration, it is knowingly known that someone will be
inconvenienced.
1:49:19 PM
MS. MILLS replied with a definition of "knowingly" from AS
11.81.900. She read the definition to the committee and said she
would defer to the Department of Public Safety as to how they
would respond to a complaint. She said if the situation fits the
elements [of the definitions] and, in her opinion, the elements
do exist [in the described hypothetical], there is commitment of
a crime. What happens thereafter is up to discretion. She
emphasized the important role discretion plays in carrying out
the law.
1:50:07 PM
SENATOR MYERS referred to a protest that blocked the Nenana-
Totchaket bridge. He asked how SB 255 would apply to that
protest.
1:50:35 PM
MS. MILLS replied with her assumption that the bridge was
already a highway, and so the protest was unlawful under
existing law. She said SB 255 would provide for an upgrade to
the penalties, depending on different elements. She referenced
the Class A, B and C felony parameters and explained that SB 255
allowed for greater penalties, especially in the case of
physical harm or interference of emergency services. She said
the underlying conduct was already unlawful.
1:51:39 PM
SENATOR MYERS referred to truck protests in Canada where roads
were blocked and asked if SB 255 would apply to a similar
protest in Alaska.
1:52:15 PM
MS. MILLS replied yes.
1:52:23 PM
SENATOR WILSON asked whether SB 255 is intended to be a
deterrent to stop activities. He referenced the percentage of
misdemeanors that are cited and dismissed due to staffing
shortage issues. He wondered if SB 255 would act primarily as a
warning.
1:53:27 PM
MS. MILLS replied that the intent is deterrence. Other places
have this happening regularly, especially when organized groups
are encouraging unlawful behavior. By increasing penalties, the
public can see how serious the issue is and that the
administration is concerned with public safety and freedom of
movement. She then noted the civil aspects of SB 255. She said
that even if law enforcement does not pursue criminal
prosecution, individuals who may have been impacted would have
the right to be compensated for any harm they experienced. She
concluded SB 255 is intended to deter negative impacts to access
and public safety, especially in the event of blocked emergency
vehicles, in which case law enforcement could come in and arrest
individuals, clearing the issue immediately.
1:55:06 PM
SENATOR MYERS asked for an explanation of the difference between
first class and second class criminal trespass.
1:55:20 PM
MS. MILLS invited Ms. Schroeder to respond.
1:55:48 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), Anchorage, Alaska, answered that
criminal trespass in the first degree is when a person enters or
remains unlawfully on land with intent to commit a crime on the
land or in a dwelling. Criminal trespass in the first degree,
under current law is a Class A misdemeanor. She said criminal
trespass in the second degree is when a person enters or remains
unlawfully in or upon a premises or in a propelled vehicle and,
under current law, a criminal trespass in the second degree is a
Class B misdemeanor, punishable by up to 90 days.
1:56:21 PM
SENATOR MYERS asked for clarification on the difference between
premises and property.
1:56:33 PM
MS. SCHROEDER further clarified criminal trespass in the second
degree is a lower offence and is the broader and more general
offence. Criminal trespass in the first degree describes
trespass in a dwelling or land and is more egregious conduct,
thus elevated to Class A misdemeanor.
1:57:18 PM
CHAIR KAUFMAN announced invited testimony on SB 255
1:58:04 PM
At ease.
1:58:45 PM
CHAIR KAUFMAN reconvened the meeting.
1:59:04 PM
MS. MILLS moved to slide 9 and said it is important to send a
strong message that the administration respects people's freedom
of movement as well as the need to keep the economy moving and
to keep public safety personnel free to respond to situations.
1:59:28 PM
CHAIR KAUFMAN held SB 255 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 255 Transmittal Letter version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Highlights version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Sectional Analysis version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Presentation 3.14.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Public Testimony recieved as of 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 218 Sponsor Statement version S 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Sectional Analysis version S 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Fiscal Note DOTP&F 3.9.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Support Documents 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Additional Support Documents 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Presentation 3.14.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Testimony Received as of 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |