HB 198

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                                        HOUSE BILL NO. 198
                     IN THE LEGISLATURE OF THE STATE OF ALASKA
                     THIRTY-FOURTH LEGISLATURE - FIRST SESSION
 BY REPRESENTATIVE JOSEPHSON
 Introduced: 4/16/25
 Referred: Judiciary, Resources
                                             A BILL
                                    FOR AN ACT ENTITLED
1 "An Act relating to the obstruction or hindrance of lawful trapping of game; and
2 providing for an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4   * Section 1. AS 16.05.790(c) is amended to read:
5(c) It is an affirmative defense in [IN] a prosecution under this section
6(1) [, IT IS AN AFFIRMATIVE DEFENSE] that the person was
7lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish
8or game; or
9(2) for disabling a trap or snare on public land that the person
10(A) was lawfully using a public trail, park, campsite, or
11other facility; and
12(B)   disabled the trap or snare based on the person's
13objectively reasonable belief that disabling the trap or snare was
14necessary to protect the welfare of the public or private property.
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1  * Sec. 2. AS 16.05.791(b) is amended to read:
2(b) Except as provided in (d) of this section, a [A] person aggrieved by a
3violation of AS 16.05.790 is entitled to recover general damages and special damages,
4including license and permit fees, travel costs, guide-outfitting fees, costs for special
5equipment and supplies, and other related expenses.
6  * Sec. 3. AS 16.05.791(c) is amended to read:
7(c) Except as provided in (d) of this section, a [A] court may award punitive
8damages in addition to the damages set out in (b) of this section.
9  * Sec. 4. AS 16.05.791 is amended by adding a new subsection to read:
10(d) A person may not recover damages under this section from an individual
11who committed a violation of AS 16.05.790 if the individual successfully raises an
12affirmative defense to the violation under AS 16.05.790(c)(2).
13  * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).
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