01/17/2024 01:30 PM Senate JUDICIARY

          SB  28-WORKPLACE VIOLENCE PROTECTIVE ORDERS                                                                       
                                                                                                                                
        [CSSB 28, version B, was before the committee.]                                                                         
                                                                                                                                
1:32:49 PM                                                                                                                    
CHAIR CLAMAN  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."                                                                  
                                                                                                                                
CHAIR CLAMAN said this is the  second hearing of this bill in the                                                               
Senate Judiciary Standing Committee.  He noted that the committee                                                               
substitute  (CS)  for  SB  28,  version B,  was  adopted  in  the                                                               
previous  committee  hearing.  The  intention is  to  consider  a                                                               
proposed new committee  substitute (CS) for SB 28,  version U. He                                                               
invited Ms.  Lubke to explain  the changes between version  B and                                                               
version U.                                                                                                                      
                                                                                                                                
1:33:25 PM                                                                                                                    
CLAIRE   LUBKE,  Staff,   Senator  Matt   Claman,  Alaska   State                                                               
Legislature,  Juneau,  Alaska,   presented  committee  substitute                                                               
changes between  version B and version  U for SB 28.  She said SB
 creates a  new type of protective order,  a workplace violence                                                               
protective  order.  Version U  of  the  bill includes  one  minor                                                               
change on page  8, lines 2 -  5. She said that  the definition of                                                               
employee is now  written out in statute, noting  the substance of                                                               
that  definition  is unchanged.  The  definition  of employer  is                                                               
modified  to  include   nonprofit  organizations.  The  corrected                                                               
definition  ensures that  any  entity that  employs  one or  more                                                               
persons may apply for a workplace violence protective order.                                                                    
                                                                                                                                
1:34:21 PM                                                                                                                    
CHAIR CLAMAN  noted that discussions  with the Division  of Legal                                                               
Services, Legislative  Affairs Agency, concluded  that  shelters                                                                
are included in the definition of workplace.                                                                                    
                                                                                                                                
CHAIR CLAMAN solicited a motion.                                                                                                
                                                                                                                                
1:34:49 PM                                                                                                                    
SENATOR KIEHL  moved to adopt  the committee substitute  (CS) for                                                               
SB 28, work order 33-LS0242\U, as the working document.                                                                         
                                                                                                                                
1:35:05 PM                                                                                                                    
CHAIR  CLAMAN found  no objection  and  CSSB 28,  work order  33-                                                               
LS0242\U, was adopted.                                                                                                          
                                                                                                                                
1:35:23 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on SB 28.                                                                                  
                                                                                                                                
1:35:41 PM                                                                                                                    
BRENDA STANFILL,  Executive Director, Alaska Network  on Domestic                                                               
Violence and  Sexual Assault (ANDVSA), Juneau,  Alaska, testified                                                               
in support of  SB 28. She discussed the  challenges that domestic                                                               
violence  and   sexual  assault  direct  service   providers  and                                                               
shelters encounter.  She said  that for  every person  they help,                                                               
there  is somebody  they anger.  She  spoke about  the fear  that                                                               
victims experience and  that no one should  ever force victimized                                                               
persons to get  a protective order. It  discloses their location,                                                               
creating a potential threat to the safety of victims.                                                                           
                                                                                                                                
MS. STANFILL highlighted the necessity  for agencies to safeguard                                                               
themselves. She  pointed out that  agencies may  receive threats,                                                               
even  when  the  victim  is   no  longer  on  the  premises.  She                                                               
highlighted a concern for the  Emmonak Women's Shelter, where law                                                               
enforcement is  limited, and  it can  take considerable  time for                                                               
troopers  to reach  that  location.  She said  that  SB 28  makes                                                               
violating  the provisions  of  a protective  order  a crime.  She                                                               
expressed hope that Emmonak would  provide testimony. The goal of                                                               
SB  28  is to  provide  an  additional  layer of  protection  for                                                               
domestic violence and sexual assault organizations statewide.