Alaska SB 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.

Bill Text

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 SENATE BILL NO. 255 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - SECOND SESSION 
 
BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR 
 
Introduced:  2/21/24 
Referred:  Transportation, Judiciary  
 
 
A BILL 
 
FOR AN ACT ENTITLED 
 
"An Act relating to the obstruction of airports and runways; relating to the obstruction 1 
of  highways;  establishing  the  crime  of  obstruction  of  free  passage  in  public  places; 2 
relating to the obstruction of public places; relating to the crime of trespassing; relating 3 
to the obstruction of navigable waters; and providing for an effective date." 4 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 
   * Section 1.  AS 02.20.050(a) is amended to read: 6 
(a)  A person may not 7 
(1)  place an object on the surface of a public use airport that because of 
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its nature or location might cause injury or damage to an aircraft or person riding in 9 
the aircraft; or 
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(2)  otherwise obstruct a runway. 
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   * Sec. 2.  AS 02.20.050 is amended by adding new subsections to read: 12 
(e)  A person who violates (a)(1) of this section is guilty of a class C felony. 13 
(f)  A person who violates (a)(2) or (b) of this section is guilty of a class A 14 

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misdemeanor. 1 
   * Sec. 3.  AS 02.20.060(b) is amended to read: 2 
(b)  A person who violates [THIS CHAPTER, OR] a regulation adopted under 3 
this chapter [,] is punishable, upon conviction, for each offense by a fine of not more 4 
than $500, or by imprisonment for not more than six months, or by both. 5 
   * Sec. 4.  AS 09.65 is amended by adding a new section to read: 6 
Sec.  09.65.360.  Civil  liability  for  obstruction  of  free  passage  in  public 7 
places. (a) In addition to other civil damages and criminal penalties provided by law, a 8 
person who obstructs access in violation of AS 02.20.050, AS 11.61.150, 11.61.155, 9 
or AS 38.05.128 is strictly liable in a civil action to another person whose passage is 10 
obstructed for no less than the following damages for each incident: 11 
(1)  $10,000 to a person who suffers only nominal damages; 12 
(2)  $50,000 to a person who suffers injury to property; 13 
(3)  $100,000 to a person who suffers bodily injury; and 14 
(4)  $500,000 to a person who suffers death. 15 
(b)  A person is jointly and severally liable for conduct under (a) of this section 16 
if the person directly or indirectly, by words or action, aids, encourages, or authorizes 17 
the conduct, including by 18 
(1)  participating in the conduct; 19 
(2)  directing, advising, encouraging, or soliciting another person to 20 
engage in or participate in the conduct; or 21 
(3)  conspiring to engage in the conduct. 22 
(c)  The liability of a person for damages under this section is in addition to 23 
liability for an award of full reasonable attorney fees and costs to a claimant who, as 24 
plaintiff, counterclaimant, or cross claimant in the action, is the prevailing party. 25 
(d)  A plaintiff under this section may be entitled to temporary and permanent 26 
injunctive relief. 27 
(e)  A court of this state has personal jurisdiction over a person outside the 28 
state who is liable under (b) of this section if the person knew or had reason to know 29 
that the person's acts or omissions were likely to lead to the obstruction of public 30 
access in the state. 31 

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(f)  In this section, "nominal damages" means the infraction of a legal right 1 
under the section that does not result in death, bodily injury, or injury to property. 2 
   * Sec. 5.  AS 11.46.320(b) is amended to read: 3 
(b)  Criminal trespass in the first degree is  4 
(1)  a class C felony if the conduct 
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(A)  creates a substantial risk of physical injury to another 
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person; or 
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(B)    interferes  with  a  firefighting,  medical,  or  other 8 
emergency response; or 9 
(2)  a class A misdemeanor. 
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   * Sec. 6.  AS 11.46.330(b) is amended to read: 11 
(b)  Criminal trespass in the second degree is  12 
(1)  a class A misdemeanor if the conduct 13 
(A)  creates a substantial risk of physical injury to another 14 
person; or 15 
(B)    interferes  with  a  firefighting,  medical,  or  other 16 
emergency response; or 
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(2)  a class B misdemeanor. 18 
   * Sec. 7.  AS 11.61.150(a) is amended to read: 19 
(a)  A person commits the crime [OFFENSE] of obstruction of highways if the 20 
person knowingly 21 
(1)  places, drops, or permits to drop on a highway any substance that 22 
creates a substantial risk of physical injury to others using the highway; or 23 
(2)  renders a highway impassable or passable only with unreasonable 24 
inconvenience or hazard