SB 28-WORKPLACE VIOLENCE PROTECTIVE ORDERS  3:33:18 PM CHAIR KAWASAKI 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." 3:34:18 PM SENATOR MATT CLAMAN, District H, sponsor of SB 28, introduced the legislation paraphrasing the following sponsor statement: When individuals make credible threats of violence against an employer's worksite or an employee, the attorney representing the employer may need to file a civil lawsuit and ask for a temporary restraining order to protect the business. It can take several days to complete and obtain the order. In contrast, people seeking a domestic violence restraining order can usually get the court order within one day. Senate Bill 28, modeled after Alaska's domestic violence protective order process, allows an employer to file a petition for a protective order against an individual who the employer reasonably believes committed an act of violence against the employer or an employee, or 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. The intent of Senate Bill 28 is to help prevent incidents such as the fatal shooting of a hospital employee by an ex-employee at the Soldotna Central Peninsula General Hospital in November 2008. Eight states have laws providing for the issuance of workplace restraining orders (WROs) and three states have the option for employers to file for the same type of orders that are available to victims. Several others are currently considering related legislation. Senate Bill 28 gives employers a more effective way to protect their workplace and their employees from threats of violence. 3:36:19 PM LIZZIE KUBITZ, Staff, Senator Matt Claman, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 28 on behalf of the sponsor. 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." 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. 3:37:37 PM 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. Section 6 Amends AS 18.65 to add 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. Section (b) specifies that the court shall schedule a hearing and provide at least 10 days' notice to the respondent. Section (c) details prohibited behavior of the respondent after the protective order is issued. Section (d) describes the court's responsibilities related to issuing a protective order. Section (e) clarifies a court may not deny a petition for a protective order solely because of a lapse of time between an act of violence or a threat of violence and the filing of the petition. Sec. 18.65.877. Ex parte protective orders for  workplace violence. Gives employers the ability to file a petition for an ex parte protective ordera temporary order that would grant immediate protection. Sec. 18.65.880. Modification of workplace violence  protective order. Creates a process for either the petitioner or the respondent to request modification of a protective order. Sec. 18.65.885. Specific protective orders. Specifies that an invitation by the petitioner or a named designated employee of the petitioner to have the prohibited contact or to be present at or enter the workplace, residence, vehicle, or other place does not in any way invalidate or nullify the protective order. Sec. 18.65.890. Forms for petitions and orders; fees.  Clarifies that the court system will prepare forms for petitions, protective orders, and instructions for their use by an employer seeking a protective order. Sec. 18.65.895. Service of process. Clarifies that protective orders should be promptly served and executed. 3:40:01 PM Sec. 18.65.897. Civil liability Creates civil liability provisions. Sec. 18.65.899. Definitions Makes the definitions of "course of conduct," "employee," "employer," "threat of violence," "violence," and "workplace" apply to the workplace violence protective statutes. 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, and 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. Section 10 Effective Date If sec. 9 takes effect, it takes effect on January 1, 2024. 3:41:30 PM At ease 3:42:22 PM CHAIR KAWASAKI reconvened the meeting and listed the individuals who were available to answer questions. 3:43:00 PM CHAIR KAWASAKI opened public testimony on SB 28. 3:43:41 PM BRENDA STANFIELD, Executive Director, Alaska Network on Domestic Violence and Sexual Assault (ANDVSAA), Juneau, Alaska, spoke of the fear that victims experience when they are threatened at home or in the workplace. She noted that getting a trespass order doesn't help if the person stands just off the victim's property and isn't committing a crime. Law enforcement won't respond in those situations. ANDVSAA victim service providers have reported that this can be a particular problem in rural communities. MS. STANFIELD stated that SB 28 provides a mechanism for employers to protect themselves and their staff when somebody has made a threat against an employer's workplace or an employee. It will help to reduce the fear that victims experience. She said ANDVSAA is working closely with the sponsor and is very supportive of the bill. 3:45:23 PM CHAIR KAWASAKI closed public testimony on SB 28 and held the bill in committee.