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.