Legislature(2025 - 2026)BELTZ 105 (TSBldg)
04/10/2025 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB49 | |
| SB53 | |
| Confirmation Hearing Alaska Public Offices Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 49 | TELECONFERENCED | |
| *+ | SB 53 | TELECONFERENCED | |
SB 49-WORKPLACE VIOLENCE PROTECTIVE ORDERS
3:33:07 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."
3:33:17 PM
CHAIR KAWASAKI announced Senator Wielechowski joined the
meeting.
3:33:22 PM
CHAIR KAWASAKI solicited a motion.
3:33:23 PM
SENATOR BJORKMAN moved to adopt the committee substitute (CS)
for SB 49, work order 34-LS0186\I, as the working document.
3:33:36 PM
CHAIR KAWASAKI objected for purposes of discussion.
3:33:55 PM
BREANNA KAKARUK, Staff, Alaska State Legislature, Juneau,
Alaska, explained changes from version N to version I for SB 49:
[Original punctuation provided.]
The Senate State Affairs Committee Substitute to SB 49
contains the following changes described below.
Prohibit attorney fee awards against the petitioner
in:
• Domestic violence restraining order proceedings
under AS 18.66.100-18.66.180
• Stalking and sexual assault protective orders
under AS 18.65.850-18.65.870; and
• Ex parte protective orders under AS 13.26.450-
13.26.460
3:34:32 PM
SENATOR WIELECHOWSKI asked how many people are charged with
attorney fees by judges for frivolous protective orders.
3:35:01 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 49 answered that its rare for
attorney fees to be ordered in domestic violence proceedings. He
noted that some individuals whose cases were assessed questioned
whether they were truly frivolous, yet they were still charged
attorney's fees.
3:35:45 PM
SENATOR WIELECHOWSKI asked the intent of SB 49 regarding civil
liability.
3:36:03 PM
MS. KAKARUK replied that in the first hearing on SB 49, version
N, Senator Wielechowski brought up AS 18.65.897, on page 7, line
21-23, regarding civil liability. He questioned employer
liability if a protective order was not obtained after threats
were reported and customers were later injured. She said that
legal review clarified the bill's narrow scope does not create
new grounds for suing the employer over failing to secure such
an order, though customers could still pursue civil action under
existing law.
3:37:13 PM
SENATOR WIELECHOWSKI focused on removing potential attorney's
fees for frivolous cases and acknowledged the high volume of
such cases and the scrutiny by judges. He emphasized the
importance of not discouraging individuals who feel at risk from
filing claims. He stressed the need to ensure that people are
not put in a position where they might have to defend against
frivolous claims, while recognizing the high bar for a case to
be deemed frivolous.
3:38:21 PM
SENATOR CLAMAN noted that similar laws in other states have not
led to many workplace violence protective orders being
requested. He emphasized that if issues arise after the
legislation is enacted, a review would be appropriate, but
currently, there should be no barriers preventing individuals
from seeking an order when they genuinely need it.
3:39:13 PM
CHAIR KAWASAKI asked if a person employed at a store in a mall
would be covered at the mall as their workplace or only the
specific store.
3:39:32 PM
SENATOR CLAMAN replied that it depends on who applied for the
protective order. He said if the mall owner applied, the
protective order would likely cover the entire mall, but if an
individual shop applied, the order would apply only to that shop
and not to other businesses within the mall.
3:40:16 PM
SENATOR YUNDT stated his belief that protective orders usually
include distance restrictions. He hoped such an order would at
least keep the individual away from the affected area of the
mall, if not entirely out of the mall.
3:40:43 PM
SENATOR CLAMAN replied that SB 49 does not specify distance
setbacks and argued legislation should not prescribe them, since
malls vary greatly in size. He said setting rigid standards
could create problems, so flexibility is preferable.
[CHAIR KAWASAKI removed his objection; found no further
objection and CSSB 49 was adopted as the working document.]
3:41:31 PM
CHAIR KAWASAKI opened public testimony on SB 49.
3:41:49 PM
RANDI BREAGER, Executive Director, Abused Womens Aid in Crisis
(AWAIC), Anchorage, Alaska, testified in support of SB 49 and
emphasized that the legislation would be crucial for improving
safety in domestic violence shelters and safe homes. She
described barriers victims face when reporting threats, noting
that one threat can endanger all residents and staff. Two recent
incidents involving armed abusers that threatened shelters and
attempted forced entry. Both offenders were quickly released,
left victims and staff vulnerable. She said allowing
organizations to petition for workplace protective orders on
behalf of residents would provide a faster, more effective tool
for protection, reflect the seriousness of threats in legal
records, and reduce the burden on individual victims.
3:44:27 PM
SENATOR GRAY-JACKSON joined the meeting.
3:44:46 PM
CHERYL HUMME, Advocate, Arctic Women in Crisis, Utqiagvik,
Alaska, testified in support of SB 49 and described rising
incidents of violence at her shelter from disgruntled community
members, including people evicted from other facilities. She
argued workplace protective orders would provide critical legal
protection by restricting perpetrators from entering the
shelter, contacting residents or staff, or engaging in threats.
She said such orders would enhance safety, deter future violence
through enforceable consequences, protect both people and
property, and give staff greater peace of mind.
[CHAIR KAWASAKI closed public testimony on SB 49.]
3:47:24 PM
CHAIR KAWASAKI solicited the will of the committee.
3:47:28 PM
SENATOR BJORKMAN moved to report CSSB 49, work order 34-
LS0186\I, from committee with individual recommendations and
attached fiscal note(s).
3:48:08 PM
CHAIR KAWASAKI found no objection and CSSB 49(STA) was reported
from the Senate State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0053A.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| SB 53 Sponsor Statement.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| SB 53 Sectional Analysis 01.11.2025.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| SB 49 Summary of Changes Version N to Version I 4.9.25.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 49 |
| SB 49.I.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 49 |
| SB 53 Fiscal Note.PS1.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| SB 53 Fiscal Note.PS2.pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| SB 53 Presentation .pdf |
SSTA 4/10/2025 3:30:00 PM |
SB 53 |
| Walter Monegan APOC Resume_Redacted.pdf |
SSTA 4/10/2025 3:30:00 PM |
Alaska Public Offices Commission |