Legislature(2023 - 2024)BUTROVICH 205

03/26/2024 01:30 PM Senate TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 341 MARVIN THURMOND GALENA MAINT. STATION TELECONFERENCED
Moved HB 341 Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 81 VEHICLES/BOATS: TRANSFER ON DEATH TITLE TELECONFERENCED
Moved HB 81 Out of Committee
+= SB 255 OBSTRUCTION OF PUBLIC PLACES; TRESPASSING TELECONFERENCED
Moved SB 255 Out of Committee
        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