Legislature(2013 - 2014)SENATE FINANCE 532
04/07/2014 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| SB201 | |
| HB19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 119 | TELECONFERENCED | |
| + | SB 201 | TELECONFERENCED | |
| + | HB 19 | TELECONFERENCED | |
| + | HB 263 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 201
"An Act relating to the crime of trespass."
9:48:32 AM
SENATOR BERT STEDMAN, introduced SB 201. He related that
the bill gave some flexibility to private land owners, so
that they did not have to put up "no trespassing" signs all
over their property. He shared that 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(c), thereby removing the
requirement that no trespassing signs be posted at each
roadway and at every way of access to private property 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.
Vice-Chair Fairclough wondered how the courts would
perceive the actions of a person building a structure on
private property. Senator Stedman responded that there was
no intention to change a property owner rights. He stated
that the landowner would be allowed to post "no
trespassing" signs, but would not be required to post the
signs.
9:54:30 AM
Vice-Chair Fairclough wondered why the current version of
the bill was different than the original version. Senator
Stedman stated that it was originally proposed that there
would be no requirement to post a sign. He stated that the
Judiciary Committee felt that the requirement of at least
one posted sign was a better alternative to having no sign
posted.
Senator Hoffman remarked that 95 percent of land in Alaska
was owned by native corporations. He wondered if there were
any native or regional corporations that opposed the
legislation. Senator Stedman replied that he was not aware
of any issues with the regional corporations.
Senator Dunleavy wondered if the legislation would affect
recreationalists who might travel across private property.
Senator Stedman responded that the law already prohibited
someone to go on property without the property owner's
permission. The legislation would not change that.
10:00:48 AM
Senator Dunleavy wondered if the bill would change the
existing law regarding hunting, trapping, and fishing.
Senator Stedman responded that the legislation would
empower landowners to prosecute trespassers, even without
previously posting "no trespassing" signs.
Co-Chair Meyer noted that there was an issue of squatting,
so people decide to live on empty land. He wondered how
private land owner would be affected by the legislation.
Senator Stedman replied that the bill did not change the
landowner's rights to prosecute squatters.
Co-Chair Meyer wondered if the squatter could argue
ignorance, because of the lack of sign. Senator Stedman
responded that with or without signs, no one had the right
to build on a property without the owner's permission.
Co-Chair Meyer wondered if Senator Stedman had signs on his
private property. Senator Stedman replied that he removed
the "no trespassing" signs on his property, because he felt
that they were offensive and invited vandalism.
Senator Dunleavy wondered if the issue was transportation
through private property or activities conducted on the
private property Senator Stedman replied that the activity
on the land was an issue, rather than crossing through the
land.
10:06:17 AM
Senator Dunleavy surmised that traversing was not the
issue. Senator Stedman replied that there could be
prosecution, but that was not a common issue.
Senator Dunleavy noted that many there were large portions
of private land that may be traversed, without the traveler
knowing that they are moving through private property.
Senator Stedman replied that the legislation did not change
any of the rights of the property owner.
10:11:00 AM
NICOLENE JORDAN, SELF, PALMER (via teleconference),
testified in favor of the legislation. She stressed that
the issue was the requirement of the signs. She pointed out
that she was not against hunting and trapping, but she was
against trespassing. She stressed that current technology
allowed for people to determine if there was private
property. She stressed that the current issue was the
requirement to post "no trespassing" sign, and felt that
the signs provided an excuse for law enforcement to not
peruse action against trespassers.
AL BARRETTE, SELF, FAIRBANKS (via teleconference), spoke in
support of the current version of the legislation. He
stated that his income relied on wildlife resources from
his land. He pointed out that a global positioning system
(GPS) did not display the owner of the land; rather it only
showed where you are on the earth.
10:18:55 AM
MARY NANUWAK, SELF, ANCHORAGE (via teleconference),
remarked that some people did not have the financial
resources to pursue criminal action. She wondered if the
bill addressed the issue of building roads on private
property.
Co-Chair Meyer CLOSED public testimony.
Vice-Chair Fairclough stated that she knew someone who was
in support of the bill, and referred to a trooper who was
facing an issue related to the trespassing on private
property.
Senator Stedman looked at AS 136.03.30 stated that in the
prerequisites, the State was obligated to prove that
someone had trespassed on the land.
SB 201 was HEARD and HELD in committee for further
consideration.
10:25:23 AM
AT EASE
10:34:00 AM
RECONVENED