03/13/2025 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB49 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 64 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| *+ | SB 120 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 13, 2025
3:30 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Jesse Bjorkman, Vice Chair
Senator Bill Wielechowski
Senator Robert Yundt
MEMBERS ABSENT
Senator Elvi Gray-Jackson
COMMITTEE CALENDAR
SENATE BILL NO. 64
"An Act relating to elections; relating to voters; relating to
voting; relating to voter preregistration for minors at least 16
years of age; relating to voter registration; relating to the
Alaska Public Offices Commission; relating to synthetic media in
electioneering communications; relating to campaign signs;
relating to public official financial disclosures; relating to
the crime of unlawful interference with voting in the first
degree; and providing for an effective date."
- HEARD & HELD
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."
- HEARD & HELD
SENATE BILL NO. 120
"An Act establishing the Alaska Climate Change Emergency
Response Commission; and relating to the powers and duties of
the Alaska Climate Change Emergency Response Commission."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 64
SHORT TITLE: ELECTIONS
SPONSOR(s): RULES
01/24/25 (S) READ THE FIRST TIME - REFERRALS
01/24/25 (S) STA, FIN
01/30/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
01/30/25 (S) Heard & Held
01/30/25 (S) MINUTE(STA)
02/04/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/04/25 (S) Heard & Held
03/11/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/11/25 (S) Heard & Held
03/11/25 (S) MINUTE(STA)
03/13/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 49
SHORT TITLE: WORKPLACE VIOLENCE PROTECTIVE ORDERS
SPONSOR(s): CLAMAN
01/17/25 (S) PREFILE RELEASED 1/17/25
01/22/25 (S) READ THE FIRST TIME - REFERRALS
01/22/25 (S) STA, JUD
03/13/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DAVID DUNSMORE, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a summary of SB 64.
CAROL BEECHER, Director
Division of Elections
Anchorage, Alaska
POSITION STATEMENT: Provided concerns on SB 64.
AYDEN NICHOL, Democracy Fellow
Alaska Center
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 64.
DONNA GOLDSMITH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 64.
MARLENE WATSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 64.
LINDA MORNING, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in support of SB 64.
SENATOR MATT CLAMAN, District H
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 49.
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for SB 49.
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault (ANDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified by invitation on SB 49.
EILEEN ARNOLD, Executive Director
Tundra Women's Coalition
Bethel, Alaska
POSITION STATEMENT: Testified by invitation on SB 49.
JAMES COCKRELL, Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 49.
ACTION NARRATIVE
3:30:45 PM
CHAIR KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Bjorkman, Wielechowski, Yundt and Chair
Kawasaki.
SB 64-ELECTIONS
3:31:53 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 64
"An Act relating to elections; relating to voters; relating to
voting; relating to voter preregistration for minors at least 16
years of age; relating to voter registration; relating to the
Alaska Public Offices Commission; relating to synthetic media in
electioneering communications; relating to campaign signs;
relating to public official financial disclosures; relating to
the crime of unlawful interference with voting in the first
degree; and providing for an effective date."
On March 11, 2025, the committee adopted a committee substitute
(CS), version H, as the working document.
3:32:39 PM
DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, stated that SB 64 is the omnibus
election package from the Senate Rules Committee and the
previously adopted committee substitute is the working document.
3:33:36 PM
SENATOR WIELECHOWSKI asked Director Beecher to state the
concerns the Division of Elections has regarding SB 64. He said
his office has been struggling to find a way to adequately and
successfully track ballots without spending a lot of money.
3:33:30 PM
CAROL BEECHER, Director, Division of Elections, Anchorage,
Alaska, provided the divisions three concerns with SB 64. The
first concern is ballot tracking. She said the division has
heard of new technologies that might allow for tracking ballots
in transit between other states and Alaska but currently lacks
that capability to track an envelope during its entire journey.
While outgoing ballot envelopes have barcodes, there is no
system in place to track its return. She said Alaska's mail must
route through the Anchorage hub to have the postal code read;
rural post offices can't read postal codes. Ballots can't be
tracked like Amazon packages; the divisions technology isn't
capable of that.
3:36:55 PM
SENATOR WIELECHOWSKI asked if the division can achieve the same
ability as Anchorage, where a person can check the status of
their ballot online.
3:37:10 PM
MS. BEECHER answered that the division currently has the
capability for voters to go online and see if their ballot was
received but that's the extent of what the division can do.
3:37:39 PM
SENATOR WIELECHOWSKI asked what other concerns the division has
concerning SB 64.
3:37:47 PM
MS. BEECHER stated that another concern would be another part of
ballot curing found in Section 41, page 21. The division's
voting system doesn't show when a voter certificate is reviewed
or if a ballot has been counted. Ballots are reviewed by boards
and put through a series of different codes. The public list
shows a time and date stamp once the ballot has been counted and
the public list will only show if a ballot was fully counted,
partially counted, or rejected.
3:39:33 PM
CHAIR KAWASAKI read the six items located in Section 41, page
21. He said these are the six items the ballot tracking system
would allow a voter to do:
[Original punctuation provided.]
• Confirm that the voter's ballot has been sent by
the division;
• Track the date of the ballot's delivery to the
voter;
• Confirm the division's receipt of the voter's
ballot;
• Determine whether the voter's certificate has
been reviewed;
• Determine whether the voter's ballot has been
counted; and
• Provide the information necessary to cure a
rejected ballot.
He stated that some of these elements are doable, and some would
be a problem or maybe impossible to do.
3:40:18 PM
MS. BEECHER said another concern was regarding Section 25, on
page 13, and raises a question about whether the ranking result
requirements also apply to hand counts. The division is
interpreting this as asking if poll workers in hand-count
precincts are expected to report all rankings on election night.
She said the division's last concern is Section 26, on page 14,
and may need further discussion with the Division to determine
what data level is truly useful to the public. She said too much
information or detail at a precinct level may risk voter
privacy.
3:42:19 PM
SENATOR BJORKMAN asked what precinct level data the division
would be concerned with.
3:42:38 PM
MS. BEECHER answered that when you are reporting detailed count
codes, like partial rejections, at the precinct level it can
risk voter privacy. She said with tiny precincts it's easier for
IT individuals to analyze data and infer how the entire precinct
had voted. Many states limit reporting to the house district
level to protect voter anonymity.
3:44:05 PM
SENATOR BJORKMAN stated he is not understanding what the codes
are, what the codes mean and the concern about releasing data.
He asked Ms. Beecher to talk offline for more clarity.
3:44:46 PM
SENATOR WIELECHOWSKI stated that the current version of SB 64 is
not the final bill. He said his office has heard the concerns
from constituents about same day voter registration and the
synthetic media provision that was removed. The committee will
continue to work on ballot tracking and solutions that will best
accommodate everyone.
3:46:00 PM
SENATOR YUNDT said he wasn't aware that the synthetic media
portion of the bill was removed and asked for an explanation.
3:46:25 PM
MR. DUNSMORE answered that the synthetic media portion of SB 64
was removed at the last committee meeting with version H. He
said there is discussion about possibly reintroducing parts of
the synthetic media portion that protects broadcasters from
unnecessary liability.
3:47:13 PM
CHAIR KAWASAKI explained that the committee removed the
synthetic media provision because the provision had less to do
with elections than other items. There's currently an artificial
intelligence (AI) task force and other bills addressing AI. He
said there is an interest within the committee in revisiting
synthetic media provision for SB 64.
3:48:17 PM
CHAIR KAWASAKI opened public testimony on SB 64.
3:48:47 PM
AYDEN NICHOL, Democracy Fellow, The Alaska Center, Anchorage,
Alaska, testified in support of SB 64:
[Original punctuation provided.]
Alongside protecting our air and water and producing
clean energy, building a strong democracy is an
important part of our work toward a sustainable and
just Alaska.
As you know, the state has a longstanding track record
of failing to protect the right to vote in rural
areas. Routinely, polling places open late or fail
to open entirely. Post office closures and delays
prevent ballots cast on-time from being counted.
Ballots are discarded without giving voters the
opportunity to correct mistakes.
Fortunately, many of the provisions in Senate Bill 64
would address these failures. We are particularly
encouraged by the proposed addition of a rural
community liaison to make sure that the Division of
Elections is addressing rural voters' needs.
But while we support the passage of this bill, we also
believe that it may go further to protect Alaskans'
voting rights. House Bill 43, introduced by
Representative Schrage, holds a provision that would
begin early voting 30 days before the election, rather
than the current 15 days. We can't, in one session,
address the huge array of logistical challenges that
delay and prevent rural voting, but we can give voters
and the Division more time to respond as they arise.
The more time they have, the less likely it is that a
properly-cast ballot will go uncounted.
We urge you to work to make sure that this provision
is included in the final version of the bill. And we
appreciate your hard work to make sure that every
Alaskan's vote is counted in every election.
3:50:51 PM
DONNA GOLDSMITH, representing self, Anchorage, Alaska, testified
in support of SB 64 and stated that voting is a fundamental
right and civic duty. SB 64 strengthens that right by removing
key barriers by:
• Allowing same-day registration
• Eliminating the outdated witness signature requirement-
which caused hundreds of ballots to be voided in the last
election for no rational reason
• Providing a ballot curing process
• Including prepaid return envelopes
SB 64 makes voting more accessible and ensures more voices are
heard.
3:52:37 PM
MARLENE WATSON, representing self, Anchorage, Alaska, testified
in support of SB 64 and agreed with the previous testifier. She
stated her belief that special needs ballots should not be
thrown out because of mistakes made by election officials,
creating a recurring absentee voter base list would reduce the
number of mail-in ballot applications and appointing a community
liaison would help elections run smoother in rural areas.
3:54:04 PM
LINDA MORNING, representing self, Kenai, Alaska, testified in
support of SB 64 and agreed with the previous testifiers.
3:56:04 PM
SENATOR WIELECHOWSKI stated that his office supports and wants
the witness verification system, but the state cant afford a $5
million dollar system right now.
3:57:31 PM
CHAIR KAWASAKI held SB 64 in committee.
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.
4:22:58 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 4:22 p.m.
| 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 |