Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/23/2023 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB28 | |
| SB32 | |
| SB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 28 | TELECONFERENCED | |
| *+ | SB 31 | TELECONFERENCED | |
| *+ | SB 32 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 28-WORKPLACE VIOLENCE PROTECTIVE ORDERS
3:33:18 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 28
"An Act relating to workplace violence protective orders;
relating to the crime of violating a protective order; relating
to the powers of district judges and magistrates; amending Rules
4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska
Rules of Administration; and providing for an effective date."
3:34:18 PM
SENATOR MATT CLAMAN, District H, sponsor of SB 28, introduced
the legislation paraphrasing the following sponsor statement:
When individuals make credible threats of violence
against an employer's worksite or an employee, the
attorney representing the employer may need to file a
civil lawsuit and ask for a temporary restraining
order to protect the business. It can take several
days to complete and obtain the order. In contrast,
people seeking a domestic violence restraining order
can usually get the court order within one day.
Senate Bill 28, modeled after Alaska's domestic
violence protective order process, allows an employer
to file a petition for a protective order against an
individual who the employer reasonably believes
committed an act of violence against the employer or
an employee, or made a threat of violence against the
employer or an employee that can reasonably be
construed as a threat that may be carried out at the
employer's workplace.
The intent of Senate Bill 28 is to help prevent
incidents such as the fatal shooting of a hospital
employee by an ex-employee at the Soldotna Central
Peninsula General Hospital in November 2008. Eight
states have laws providing for the issuance of
workplace restraining orders (WROs) and three states
have the option for employers to file for the same
type of orders that are available to victims. Several
others are currently considering related legislation.
Senate Bill 28 gives employers a more effective way to
protect their workplace and their employees from
threats of violence.
3:36:19 PM
LIZZIE KUBITZ, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 28 on behalf of the sponsor.
Section 1
AS 11.56.740. Violating a protective order.
Amends AS 11.56.740(a) by adding a new subsection (4)
to specify that a person commits the crime of
violating a protective order if the person knowingly
commits or attempts to commit an act that violates the
provisions listed under the workplace violence
protective order statutes.
Section 2
AS 11.56.740. Violating a protective order.
Amends AS 11.56.740(c) by adding the workplace
violence protective order statutes to the meaning of
"protective order."
Section 3
AS 18.65.530. Mandatory arrest for crimes involving
domestic violence, violation of protective orders, and
violation of conditions of release.
Amends AS 18.65.530(a) by clarifying that the
mandatory arrest statute for crimes involving domestic
violence, violation of protective orders, and
violation of conditions of release is subject to the
requirements of sec. 1.
Section 4
AS 18.65.540. Central registry of protective orders.
Amends AS 18.65.540(a) to add the workplace violence
protective order statutes to the central registry of
protective orders maintained by the Department of
Public Safety.
3:37:37 PM
Section 5
AS 18.65.540. Central registry of protective orders.
Amends AS 18.65.540(b) to add the workplace violence
protective order statutes to the list of protective
orders a peace officer enters into the central
registry within 24 hours of receiving.
Section 6
Amends AS 18.65 to add new section: "Article 12A.
Workplace Violence Protective Orders."
Sec. 18.65.875. Protective orders; eligible
petitioners; relief.
Section (a) gives employers the ability to file a
petition for a protective order against an individual
who the employer reasonably believes: (1) committed an
act of violence against the employer or an employee;
or (2) made a threat of violence against the employer
or an employee that can reasonably be construed as a
threat that may be carried out at the employer's
workplace.
Section (b) specifies that the court shall schedule a
hearing and provide at least 10 days' notice to the
respondent.
Section (c) details prohibited behavior of the
respondent after the protective order is issued.
Section (d) describes the court's responsibilities
related to issuing a protective order.
Section (e) clarifies a court may not deny a petition
for a protective order solely because of a lapse of
time between an act of violence or a threat of
violence and the filing of the petition.
Sec. 18.65.877. Ex parte protective orders for
workplace violence.
Gives employers the ability to file a petition for an
ex parte protective ordera temporary order that would
grant immediate protection.
Sec. 18.65.880. Modification of workplace violence
protective order.
Creates a process for either the petitioner or the
respondent to request modification of a protective
order.
Sec. 18.65.885.
Specific protective orders. Specifies that an
invitation by the petitioner or a named designated
employee of the petitioner to have the prohibited
contact or to be present at or enter the workplace,
residence, vehicle, or other place does not in any way
invalidate or nullify the protective order.
Sec. 18.65.890. Forms for petitions and orders; fees.
Clarifies that the court system will prepare forms for
petitions, protective orders, and instructions for
their use by an employer seeking a protective order.
Sec. 18.65.895. Service of process.
Clarifies that protective orders should be promptly
served and executed.
3:40:01 PM
Sec. 18.65.897. Civil liability
Creates civil liability provisions.
Sec. 18.65.899. Definitions
Makes the definitions of "course of conduct,"
"employee," "employer," "threat of violence,"
"violence," and "workplace" apply to the workplace
violence protective statutes.
Section 7
AS 22.15.100. Functions and powers of district judge
and magistrate.
Amends AS 22.15.100(9) by adding a new section (C) to
give district judges and magistrates the power to
issue a protective order in cases involving workplace
violence.
Section 8
Uncodified law Indirect court rule amendments
Specifies amendments to: Rule 4, Alaska Rules of Civil
Procedure, and Rule 9, Alaska Rules of Administration,
relating to fees and service of process for a
workplace violence protective order; and Rule 65,
Alaska Rules of Civil Procedure, by changing the
method for obtaining and the timing of temporary
restraining orders.
Section 9
Uncodified law - applicability
Makes sec. 8 conditional on approval by the two-thirds
majority vote of each house required by art. IV, sec.
15, Constitution of the State of Alaska.
Section 10
Effective Date
If sec. 9 takes effect, it takes effect on January 1,
2024.
3:41:30 PM
At ease
3:42:22 PM
CHAIR KAWASAKI reconvened the meeting and listed the individuals
who were available to answer questions.
3:43:00 PM
CHAIR KAWASAKI opened public testimony on SB 28.
3:43:41 PM
BRENDA STANFIELD, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSAA), Juneau, Alaska, spoke of
the fear that victims experience when they are threatened at
home or in the workplace. She noted that getting a trespass
order doesn't help if the person stands just off the victim's
property and isn't committing a crime. Law enforcement won't
respond in those situations. ANDVSAA victim service providers
have reported that this can be a particular problem in rural
communities.
MS. STANFIELD stated that SB 28 provides a mechanism for
employers to protect themselves and their staff when somebody
has made a threat against an employer's workplace or an
employee. It will help to reduce the fear that victims
experience. She said ANDVSAA is working closely with the sponsor
and is very supportive of the bill.
3:45:23 PM
CHAIR KAWASAKI closed public testimony on SB 28 and held the
bill in committee.