Legislature(2023 - 2024)BUTROVICH 205
03/14/2024 01:30 PM Senate TRANSPORTATION
Note: the audio
and video
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
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 |