Legislature(2025 - 2026)BELTZ 105 (TSBldg)
03/13/2025 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 64 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| *+ | SB 120 | TELECONFERENCED | |
SB 49-WORKPLACE VIOLENCE PROTECTIVE ORDERS
3:57:35 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 49
"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."
3:58:00 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 49, introduced the bill:
[Original punctuation provided.]
A few years ago, a member of the legal community
contacted our office about a situation where a former
employee made a credible threat that he intended to go
into the employer's worksite and shoot as many people
as he could. When the attorney representing the
employer tried to obtain a restraining order, she
realized that to protect the employer, she would need
to file a civil lawsuit and ask for a temporary
restraining order. That process takes several days to
complete and often costs thousands of dollars. In
contrast, people seeking a domestic violence
protective order can usually get the court order
within one day.
Senate Bill 49, modeled after Alaska's domestic
violence protective order process, allows an employer
to file a petition for a protective order against an
individual under two circumstances: first, an
individual has committed an act of violence against an
employer or employee at the workplace and second, an
individual made a threat of violence against the
employer or employee that may be carried out at the
workplace. A violation of the provisions of the
protective order would be the crime of violating a
protective order, which is a class A misdemeanor.
We worked closely with the Alaska Network on Domestic
Violence and Sexual Assault on our legislation last
year that is now Senate Bill 49 to ensure that this
legislation provides employers with a more effective
way to protect their workplace without reaching into
the personal lives of their employees.
Eleven states have laws providing for the issuance of
protective or restraining orders that are specific to
workplace violence. Utah is the most recent addition
to this list, which passed a workplace violence
protective order law in 2023.
4:00:13 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, provided the sectional analysis for
SB 49:
[Original punctuation provided.]
Senate Bill 49
Sectional Analysis Version N
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."
4:00:48 PM
MS. KAKARUK continued the sectional analysis:
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.
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.
4:00:59 PM
MS. KAKARUK continued with the sectional analysis:
Section 6
Amends AS 18.65 to add a 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. 1
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, 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 for a court rule
change.
Section 10
Effective Date If sec. 9 takes effect, it takes effect
on January 1, 2026.
4:01:57 PM
SENATOR WIELECHOWSKI stated that in Section 6, line 8-9, the
sectional says employer. He asked why the section is limited
to employers, what if an employee feels an individual is
dangerous to an employee of a company or a threat is directed at
a customer.
4:02:44 PM
SENATOR CLAMAN answered that the reason behind the employer
being allowed to file a workplace claim directly was that the
employer should have control over the workplace. He noted that
other states follow this approach and if an employee feels
threatened the employee should go to their employer to pursue a
workplace protective order, as should a customer.
4:04:04 PM
CHAIR KAWASAKI asked if the legislative information offices
would be considered a workplace.
4:04:25 PM
SENATOR CLAMAN answered yes.
4:04:57 PM
CHAIR KAWASAKI announced invited testimony on SB 49.
4:05:15 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), Juneau, Alaska, testified
by invitation on SB 49 and stated that ANDVSA, representing 24
programs statewide, served over 7,500 victims last year. In
response to these programs support of victims, abusers or their
families sometimes target shelters, especially in small
communities where privacy is limited. She said since it's not
always safe for victims to seek protective orders, SB 49 would
allow programs to request workplace protective orders, helping
protect both staff and clients.
4:07:58 PM
SENATOR WIELECHOWSKI asked would a shelter be classified as an
employer if someone at the shelter was threatened.
4:08:23 PM
MS. STANFILL answered SB 49 would not apply to the situation if
the threat was not directed at the shelter or the staff of the
shelter. She said the individual being threatened would need to
get a personal protective order. If a staff member receives a
phone call about a possible threat to the shelter or location,
then SB 49 would apply.
4:09:14 PM
SENATOR WIELECHOWSKI asked for clarification that "a person" can
mean a company, organization, or non-profit.
4:09:30 PM
MS. STANFILL answered that with ANDVSA being a business, the
shelter programs would be included in SB 49.
4:09:50 PM
SENATOR WIELECHOWSKI asked if a victim at a shelter is
threatened but isn't an employee and the threat isn't against
the employer, under SB 49 would the victim need to seek a
domestic violence order.
4:10:27 PM
MS. STANFILL answered correct, if there wasn't a direct threat
to the organization then the organization would not qualify
under SB 49.
4:10:39 PM
CHAIR KAWASAKI stated that there may need to be more clarity in
the definition section [AS 18.65.899] of "employer" on page 7,
as it currently refers specifically to a person who employs
others. It's unclear how this applies to organizations or
nonprofits.
4:11:12 PM
SENATOR WIELECHOWSKI said a court would define an organization
or non-profit as a person; regarding Section AS 18.65.899.
4:11:43 PM
EILEEN ARNOLD, Executive Director, Tundra Women's Coalition
(TWC), Bethel, Alaska, testified by invitation on SB 49 and
stated that workplaces like TWC, which shelter victims of
violence, are sometimes directly threatened. In her 10 years as
a director, she's rarely had to put staff on high alert, but
when she has, it's been memorable. She said many victims don't
seek protective orders due to fear, distrust of law enforcement,
or concern about revealing their location. She said remote
shelters face dangers, with abusers lingering nearby and
threatening staff. Programs like TWC need tools to set clear
boundaries and keep everyone safe.
[CHAIR KAWASAKI concluded invited testimony on SB 49.]
4:15:19 PM
CHAIR KAWASAKI [opened public testimony on SB 49; finding none,]
he closed public testimony.
4:15:51 PM
SENATOR CLAMAN commented that he agreed that under the
definition of an employer in Section 7(3), AS. 18.65.899, a
business would be a person, in the same way a business is a sole
proprietorship.
4:16:18 PM
SENATOR WIELECHOWSKI referenced page 7, lines 21-23, which says,
"a person may not bring civil action for damages against an
employer for seeking or failing to seek a protective order,
unless an employer seeks a protective order for an illegitimate
purpose." He gave an example of someone threatening to bomb a
workplace and gives specific details of the crime, but no
protective order is sought. However, later that person follows
through with the bombing. He asked if the employer would still
be shielded from liability.
4:17:17 PM
SENATOR CLAMAN answered that since the situation represents an
employer-employee relationship, it falls under workers'
compensation. Creating separate civil liability outside that
system might conflict with existing workers' compensation laws.
4:17:41 PM
SENATOR WIELECHOWSKI wondered if the wording might be changed to
cover situations where a neighbor or customer nearby is injured
and might otherwise be prevented from filing a lawsuit.
4:18:12 PM
SENATOR CLAMAN responded that he would review the wording.
4:19:23 PM
SENATOR BJORKMAN asked for an explanation on how the protective
orders will work and what happens if a person comes back after a
protective order is in place.
4:19:41 PM
JAMES COCKRELL, Commissioner, Department of Public Safety,
Anchorage, Alaska, answered questions on SB 49 and said to issue
a protective order, a judge or magistrate must first find
probable cause. Once approved, law enforcement serves the order,
and if the person violates the protective order by showing up at
the workplace, the violator may be arrested. He said the order
is also entered into APSIN so officers know it's been served and
can act accordingly, resulting in an arrest.
4:21:51 PM
CHAIR KAWASAKI held SB 49 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 49 Version N 1.22.25.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Sponsor Statement Version N 2.19.25.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Sectional Analysis Version N 2.19.25.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Research- Utah WVPO law Fiscal Note 2023.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Research- Utah WVPO law 2023.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Research- BJS Indicators of Workplace Violence 2019.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB 49 Research - State Laws on Workplace Restraining Orders 9.1.2015.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB049-JUD-ACS-03-07-25.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 49 |
| SB0120A.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 120 |
| SB120 Climate Change Commission Sponsor.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 120 |
| SB120 Climate Change Commission Sectional Analysis.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 120 |
| SB 120 Ltr of Opposition.pdf |
SSTA 3/13/2025 3:30:00 PM |
SB 120 |