Legislature(2023 - 2024)BUTROVICH 205
03/26/2024 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB341 | |
| HB81 | |
| SB255 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 341 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 81 | TELECONFERENCED | |
| += | SB 255 | TELECONFERENCED | |
SB 255-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:55:57 PM
CHAIR KAUFMAN reconvened the meeting and 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."
CHAIR KAUFMAN noted there were representatives from Department
of Law (DOL) and Department of Transportation and Public
Facilities (DOTPF), available to answer questions. He invited
Parker Patterson, Department of Law (DOL) to answer follow up
questions from prior hearing of SB 255.
1:56:46 PM
PARKER PATTERSON, Senior Assistant Attorney General, Department
of Law (DOL), Juneau, Alaska recalled that Senator Kiehl
described a hypothetical event in which a municipality plowed
streets and caused snow to accumulate on sidewalks. The question
was whether the snow accumulation on the sidewalks would create
civil liability under SB 255 for the municipality directly or
for the drivers. Mr. Parker said Department of Law does not
believe that it would create a liability. He explained that a
municipal street has a right of way that the municipality
controls. The right of way extends outward from the center of
the street and encompasses sidewalks, granting the municipality
authority to control and regulate sidewalks. This authority also
allows the municipality to close a sidewalk in the case of
construction or a permitted event. He said SB 255 would not
alter the municipality's ability to exercise its right of way
authority He said, in the case of the plow, snow would simply be
relocated from one part of a right of way to another part of the
same right of way and the municipality would have the legal
authority to do that.
MR. PATTERSON read SB 255, Section 9, subsection (b)(1): This
section does not apply to the obstruction of free passage in
public places authorized by a permit issued by a state agency or
municipality of the state.
MR. PATTERSON said that, if the municipality has the authority
to authorize private citizens to obstruct, then they may
authorize the plow driver to do the same. He read SB 255,
Section 9 (b)(2): conduct otherwise authorized by law or the
person in charge of the premises. In this case, he said, the
person in charge would be the municipality. The municipality may
authorize the plow drivers to create an obstruction on the
sidewalks, over which they have authority. Department of Law
does not interpret SB 255 to create a liability in the scenario
described by Senator Kiehl.
1:59:28 PM
SENATOR WILSON asked whether the same rule would apply to the
right of way part of a driveway. He posed a hypothetical in
which a twelve to eighteen inch berm is built by those providing
snow removal services and a vehicle gets stuck, [causing
obstruction]. He asked whether SB 255 would allow for an
individual to take civil action against those providing snow
removal.
1:59:58 PM
MR. PATTERSON questioned whether a driveway would be considered
a public place.
2:00:04 PM
SENATOR WILSON clarified that the obstruction would be at the
edge of the driveway in that easement or [right of way] area and
blocking joint access to the street.
2:00:30 PM
ANDY MILLS, Special Assistant and Legislative Liaison,
Department of Transportation and Public Facilities (DOTPF),
Juneau, Alaska answered that for snow removal activities, all
driveways are permitted by DOT as access points to roads
maintained by the state. He referred to the regulations
concerning berms, AAC 17.10.020 and said DOTPF often hears from
legislators and from constituents that are not pleased with the
berms. He said DOTPF has maintained that, by law, the state's
responsibility is to clear roadways and driveway owners' is to
clear berms. He said he is not aware of eighteen-inch parameter
and clearing individual driveways would be a significant
maintenance activity for DOTPF to add.
2:01:51 PM
SENATOR WILSON said he understands the approach for state roads.
He discussed various parameters and agreements for municipal
streets and roads and asked if SB 255 would give a private
individual more authority to sue their local government if an
oversize berm creates an obstruction.
2:02:50 PM
MR. MILLS said he didn't know about [agreements for clearing
berms] in every locality and that it would likely depend on each
jurisdiction and the particular entity tasked with snow removal.
For a legal perspective he deferred to lawyers from the local
municipalities or from the state.
2:03:27 PM
MR. PATTERSON sought clarification about the snow berm being in
a public place but also not something that the municipality
would be authorized to do.
2:03:56 PM
SENATOR WILSON clarified that, in his area, there is a twelve
inch berm allowance. He described a situation in which an 18
inch to two foot berm is left in a driveway. He said that a
Prius, for example, will not be able to get through, potentially
resulting in obstruction and significant inconvenience for the
driver. He asked whether SB 255 allows more options for those
individuals to seek legal civil liability action against the
municipality or the plow driver for knowingly leaving the berm.
He agreed with the spirit of SB 255 as a deterrent, but
expressed discomfort with it's civil liabilities and the
potential for unintended consequences.
2:05:41 PM
MR. PATTERSON reiterated that the municipality would maintain
authority over the right of way. He said it would not be
difficult to add to SB 255 provision that it would not apply to
municipalities.
2:06:10 PM
SENATOR WILSON said that seemed worse. He said that would result
in civil liabilities applying unequally to municipal and state
roads, depending on the area and what authority the roads are
under. He acknowledged that he did not have an answer and
understood the concept of the law, but was hesitant to create an
opportunity for frivolous law suits.
2:06:56 PM
TREG TAYLOR, Attorney General, Department of Law, Anchorage,
Alaska, sought to clarify that there would first have to be a
determination that a criminal violation occurred. He explained
that discretion would have been exercised by law enforcement and
by prosecutors and he expressed confidence that discretion would
prevent a silly position in which a berm accidentally left leads
to unlimited liability. He said he does not anticipate the civil
liability provisions likely to lead to problems because of the
requirement to establish that a crime occurred [before civil
liability may be pursued].
2:08:14 PM
SENATOR MYERS sought clarification on SB 255, Section 7. He
asked whether obstruction of highways applies to roads in road
service areas and other smaller roads or only to main highways,
like the Parks, Glenn and Richardson Highways.
2:08:41 PM
MR. PATTERSON stated that is a criminal provision and he
deferred the question to someone with greater familiarity with
criminal law.
2:08:57 PM
KACI SCHROEDER, Assistant Attorney General, Department of Law,
Juneau, Alaska offered the definition for highway from criminal
code, AS 11.81.900: a highway is a public road, road right of
way, street, alley, bridge, walk, trail, tunnel, path or similar
or related facility as well as ferries and similar or related
facilities. She characterized the definition as relatively
broad.
2:09:37 PM
SENATOR MYERS sought to confirm that the definition would
include a road in a road service area.
2:09:44 PM
MS. SCHROEDER said she was not an expert in road service areas,
but it seems that if it was a public road, it would apply.
2:09:52 PM
SENATOR MYERS related a concern from a constituent. He described
a mechanic business operated out of a home from which vehicles
were often left on the roadway for significant periods of time,
creating challenges for snow removal and for traffic to pass. He
asked whether this situation would qualify under SB 255 as
obstruction of highways.
2:10:52 PM
MS. SCHROEDER said that the described situation could fit the
conditions described by SB 255. She explained that if the
definition of highway were met and it was found that the highway
was knowingly made impassable or passable only with unreasonable
inconvenience or hazard, this hypothetical would describe a
violation of the law.
2:11:12 PM
SENATOR TOBIN asked for clarification about discretion. She said
it appeared that SB 255 would treat the state and municipalities
differently than we would be treating private citizens. She
asked if there would be concern about equal protection.
2:11:48 PM
MR. TAYLOR explained that discretion would be applied regardless
of whether it is a municipality, the state or an individual.
[Law enforcement] officers that respond always have discretion
and prosecutors who are deciding what charges to bring also
exercise discretion regardless of who the actor is. He said
individuals would be given the same discretionary treatment as a
state or a municipality.
2:12:23 PM
SENATOR TOBIN sought to verify that Department of Law has no
concern with regard to equal protection laws and that the intent
of SB 255 was to treat private citizens differently and hold
them more accountable than municipalities or states.
2:12:43 PM
MR. TAYLOR replied that there was no intent to treat
municipalities or states differently than private individuals.
He said he has no concerns that SB 255 causes any constitutional
challenges.
2:13:07 PM
CHAIR KAUFMAN finding no further questions; solicited a motion.
2:13:20 PM
SENATOR TOBIN moved to adopt Amendment 1, work order 33-
GS2378\A.6.
33-GS2378\A.6
C. Radford
3/25/24
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR TOBIN
Page 1, line 4, following "waters;":
Insert "relating to the Office of the Governor;"
Page 5, following line 2:
Insert a new bill section to read:
"* Sec. 11. AS 44.19.010 is amended by adding a new
subsection to read:
(b) The governor shall designate a person
in the executive branch to assist applicants in
submitting a public use permit application to the
appropriate state agency."
Renumber the following bill sections accordingly.
2:13:26 PM
CHAIR KAUFMAN objected for purposes of discussion.
2:13:28 PM
SENATOR TOBIN explained that her intent with Amendment 1 was to
provide Alaskans who wish to utilize the right to assemble and
the right to free speech the opportunity to request a permit to
ensure that they do not fall into violation of the liability
clauses contained in SB 255. She sought to ensure that they have
the opportunity to peacefully protest and have a legal means to
exercise that right. She emphasized the importance of not
leaving things solely up to the discretion of [law enforcement]
officer but to provide the opportunity to comply with the law
and ensure that [citizens] do not experience undue financial
hardship for the constitutionally protected right to peacefully
assemble and peacefully protest.
SENATOR TOBIN noted that [Senate Transportation Committee] is
not the appropriate committee for this amendment and she
therefore withdrew Amendment 1. She said she would wait to hear
the bill in a later committee and work to ensure that it does
not violate the protections of the constitution.
2:15:32 PM
CHAIR KAUFMAN noted that several intriguing points arose during
the discussion, which might warrant additional refinements to
the legislation.
2:16:08 PM
At ease
2:16:14 PM
CHAIR KAUFMAN reconvened the meeting and solicited the will of
the committee.
2:16:20 PM
SENATOR WILSON moved to report SB 255, work order 33-GS2378\A,
from committee with individual recommendations and attached
fiscal note(s).
2:16:34 PM
CHAIR KAUFMAN found no objection and SB 255 was reported from
the Senate Transportation Committee.
#
2:16:43 PM
At ease
2:18:33 PM
There being no further business to come before the committee,
Chair Kaufman adjourned the Senate Transportation Standing
Committee meeting at 2:18 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB341 Sponsor Statement Version A 2.27.24.pdf |
HTRA 3/5/2024 2:00:00 PM STRA 3/26/2024 1:30:00 PM |
HB 341 |
| HB341 Sectional Analysis Version A 2.27.24.pdf |
STRA 3/26/2024 1:30:00 PM |
HB 341 |
| HB341 Supporting Documentation Citation 2.27.24.pdf |
HTRA 3/5/2024 2:00:00 PM STRA 3/26/2024 1:30:00 PM |
HB 341 |
| HB341 Supporting Documentation DOT 2.27.24.pdf |
HTRA 3/5/2024 2:00:00 PM STRA 3/26/2024 1:30:00 PM |
HB 341 |
| HB341 Supporting Letters 3.5.24.pdf |
HTRA 3/5/2024 2:00:00 PM STRA 3/26/2024 1:30:00 PM |
HB 341 |
| SB 255 Public Testimony received as of 3.25.24.24 |
STRA 3/26/2024 1:30:00 PM |
SB 255 |
| SB 255 Amendment 1.pdf |
STRA 3/26/2024 1:30:00 PM |
SB 255 |