SB 201-CRIMINAL TRESPASS ON PRIVATE PROPERTY  1:39:35 PM CHAIR COGHILL reconvened the meeting and announced the consideration of SB 201,"An Act relating to the crime of trespass." This was the first hearing. 1:39:52 PM SENATOR STEDMAN, Alaska State Legislature, Juneau, Alaska, sponsor of SB 201, introduced the legislation by reading the following sponsor statement into the record: [Original punctuation provided.] As a landowner, you have the right to regulate activities on your property. However, in Alaska, current state law gives a person the privilege to enter and remain on unimproved or apparently unused land that isn't posted with "no trespassing" signs. Furthermore, a sign must be placed at each roadway or access point onto the property. Many Alaskans own private property in remote locations with inclement weather. No trespassing signs can be blown down, removed by vandals, or covered by snow. The lack of visible signage should not absolve trespassers of guilt. Senate Bill 201 would repeal Alaska Statute 11.46.350(b) and (c), thereby removing the requirement that private property be posted in order for criminal trespass laws to be enforced. It should be the responsibility of the individual to know who owns the property that they want to access. Today's technology allows many options for individuals to identify public and private property boundaries such as topo maps that can be downloaded on a smart phone or GPS. In addition, the public can access maps showing property boundaries from the state Department of Natural Resources, the U.S. Geological Survey, as well as municipal plats available at city hall. 1:42:12 PM SENATOR STEDMAN opined that "No Trespassing" signs are offensive to many and putting them up can create more problems than they solve. This legislation is intended to eradicate the need for those signs. 1:45:33 PM SENATOR OLSON asked if his attitude would change if he were to find that his own cabin was used and burned to the ground. He provided an example where someone might need to use the cabin in an emergency. SENATOR STEDMAN said he didn't think so. When it's a health and safety issue someone could use the cabin. He did not see the effectiveness in that situation. CHAIR COGHILL noted that Captain Burke Waldron and Quinlan Steiner were available to answer questions. SENATOR OLSON commented that someone in need would break the lock to get into a cabin. 1:47:50 PM SENATOR DYSON observed that this didn't change the law regarding vandalism of private property. SENATOR STEDMAN said "not in a literal form." He opined that the bill would not incite people. CHAIR COGHILL asked Captain Waldron his view of the bill in terms of whether no trespassing signs are an enticement or serve a legal purpose of fair warning. 1:49:44 PM CAPTAIN BURKE WALDRON, Operations Commander, Alaska State Troopers, Division of Alaska Wildlife Troopers, Department of Public Safety, Anchorage, Alaska, advised that he's seen situations where the signs are vandalized or removed, but he couldn't speak to whether it entices further vandalism or criminal mischief. CHAIR COGHILL asked if it's reasonable to expect people to know their location based on GPS information. CAPTAIN WALDRON said he hasn't verified the accuracy of any GPS units, but found some of them to be accurate. The Alaska Department of Fish and Game (ADF&G) has tested some of the software and found the programs to be accurate. He noted that not everyone has access to a GPS. CHAIR COGHILL asked Mr. Steiner if the bill removes some protections for private land owners. 1:52:36 PM QUINLAN STEINER, Director, Public Defender Agency, Department of Administration, Anchorage, Alaska, replied he didn't think the bill would remove protections for private land owners. People who inadvertently or recklessly enter land could be held criminally liable. The standard would probably be "reckless." CHAIR COGHILL offered that a posted sign says what is expected of an individual. He asked if the sign was not there, whether the person could reasonably claim to not know the land was private. MR. STEINER replied they could argue they didn't know. An alternative would be to handle it as a violation with a civil fine, rather than with a criminal penalty. SENATOR STEDMAN said he didn't believe that a prosecutor would bring charges against Senator Dyson if he were found on private property. CHAIR COGHILL commented on his experience in Nenana where land was not posted, but he knew not to go on the land unless invited. SENATOR DYSON highlighted that Mr. Steiner made the point that this doesn't reduce rights and protections of the private property owner. This just removes the need for a sign. He opined the bill is on target and said he agrees with the intent. CHAIR COGHILL commented that he appreciates the behavior a sign might elicit. SENATOR DYSON commented on a sign in Oregon. 1:57:51 PM CHAIR COGHILL announced he would hold SB 201 in committee for further consideration.