Legislature(2023 - 2024)BUTROVICH 205

03/14/2024 01:30 PM Senate TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 255 OBSTRUCTION OF PUBLIC PLACES; TRESPASSING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 218 VEHICLE WEIGHT LIMITS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        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