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HB 139: "An Act adding to the powers and duties of the State Commission for Human Rights; and relating to and prohibiting discrimination based on sexual orientation or gender identity or expression."

00                             HOUSE BILL NO. 139                                                                          
01 "An Act adding to the powers and duties of the State Commission for Human Rights;                                       
02 and relating to and prohibiting discrimination based on sexual orientation or gender                                    
03 identity or expression."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.80.060(a) is amended to read:                                                                   
06            (a)  In addition to the other powers and duties prescribed by this chapter, the                              
07       commission shall                                                                                                  
08                 (1)  appoint an executive director approved by the governor;                                            
09                 (2)  hire other administrative staff as may be necessary to the                                         
10       commission's function;                                                                                            
11                 (3)  exercise general supervision and direct the activities of the                                      
12       executive director and other administrative staff;                                                                
13                 (4)  accept complaints under AS 18.80.100;                                                              
14                 (5)  study the problems of discrimination in all or specific fields of                                  
01       human relationships, foster through community effort or goodwill, cooperation and                                 
02       conciliation among the groups and elements of the population of the state, and publish                            
03       results of investigations and research as in its judgment will tend to eliminate                                  
04       discrimination because of race, religion, color, national ancestry, physical or mental                            
05       disability, age, sex, sexual orientation, gender identity or expression, marital status,                      
06       changes in marital status, pregnancy, or parenthood;                                                              
07                 (6)  make an overall assessment, at least once every three years, of the                                
08       progress made toward equal employment opportunity by every department of state                                    
09       government; results of the assessment shall be included in the annual report made                                 
10       under AS 18.80.150.                                                                                               
11    * Sec. 2. AS 18.80.200 is amended to read:                                                                         
12            Sec. 18.80.200. Purpose. (a) It is determined and declared as a matter of                                  
13       legislative finding that discrimination against an inhabitant of the state because of                             
14       race, religion, color, national origin, age, sex, sexual orientation, gender identity or                      
15       expression, physical or mental disability, marital status, changes in marital status,                         
16       pregnancy, or parenthood is a matter of public concern and that this discrimination not                           
17       only threatens the rights and privileges of the inhabitants of the state but also menaces                         
18       the institutions of the state and threatens peace, order, health, safety, and general                             
19       welfare of the state and its inhabitants.                                                                         
20            (b)  Therefore, it is the policy of the state and the purpose of this chapter to                             
21       eliminate and prevent discrimination in employment, in credit and financing practices,                            
22       in places of public accommodation, in the sale, lease, or rental of real property because                         
23       of race, religion, color, national origin, sex, sexual orientation, gender identity or                        
24       expression, age, physical or mental disability, marital status, changes in marital status,                    
25       pregnancy or parenthood. It is also the policy of the state to encourage and enable                               
26       physically and mentally disabled persons to participate fully in the social and                                   
27       economic life of the state and to engage in remunerative employment. It is not the                                
28       purpose of this chapter to supersede laws pertaining to child labor, the age of majority,                         
29       or other age restrictions or requirements.                                                                        
30    * Sec. 3. AS 18.80.210 is amended to read:                                                                         
31            Sec. 18.80.210. Civil rights. The opportunity to obtain employment, credit and                             
01       financing, public accommodations, housing accommodations, and other property                                      
02       without discrimination because of sex, sexual orientation, gender identity or                                 
03       expression, physical or mental disability, marital status, changes in marital status,                         
04       pregnancy, parenthood, race, religion, color, or national origin is a civil right.                                
05    * Sec. 4. AS 18.80.220(a) is amended to read:                                                                      
06            (a)  Except as provided in (c) of this section, it is unlawful for                                           
07                 (1)  an employer to refuse employment to a person, or to bar a person                                   
08       from employment, or to discriminate against a person in compensation or in a term,                                
09       condition, or privilege of employment because of the person's race, religion, color, or                           
10       national origin, or because of the person's age, physical or mental disability, sex,                              
11       sexual orientation, gender identity or expression, marital status, changes in marital                         
12       status, pregnancy, or parenthood when the reasonable demands of the position do not                               
13       require distinction on the basis of age, physical or mental disability, sex, sexual                           
14       orientation, gender identity or expression, marital status, changes in marital status,                        
15       pregnancy, or parenthood;                                                                                         
16                 (2)  a labor organization, because of a person's sex, sexual orientation,                           
17       gender identity or expression, marital status, changes in marital status, pregnancy,                          
18       parenthood, age, race, religion, physical or mental disability, color, or national origin,                        
19       to exclude or to expel a person from its membership, or to discriminate in any way                                
20       against one of its members or an employer or an employee;                                                         
21                 (3)  an employer or employment agency to print or circulate or cause to                                 
22       be printed or circulated a statement, advertisement, or publication, or to use a form of                          
23       application for employment or to make an inquiry in connection with prospective                                   
24       employment, that expresses, directly or indirectly, a limitation, specification, or                               
25       discrimination as to sex, sexual orientation, gender identity or expression, physical                         
26       or mental disability, marital status, changes in marital status, pregnancy, parenthood,                           
27       age, race, creed, color, or national origin, or an intent to make the limitation, unless                          
28       based upon a bona fide occupational qualification;                                                                
29                 (4)  an employer, labor organization, or employment agency to                                           
30       discharge, expel, or otherwise discriminate against a person because the person has                               
31       opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the                                     
01       person has filed a complaint, testified, or assisted in a proceeding under this chapter;                          
02                 (5)  an employer to discriminate in the payment of wages as between                                     
03       the sexes, or to employ a female in an occupation in this state at a salary or wage rate                          
04       less than that paid to a male employee for work of comparable character or work in the                            
05       same operation, business, or type of work in the same locality; or                                                
06                 (6)  a person to print, publish, broadcast, or otherwise circulate a                                    
07       statement, inquiry, or advertisement in connection with prospective employment that                               
08       expresses directly a limitation, specification, or discrimination as to sex, sexual                           
09       orientation, gender identity or expression, physical or mental disability, marital                            
10       status, changes in marital status, pregnancy, parenthood, age, race, religion, color, or                          
11       national origin, unless based upon a bona fide occupational qualification.                                        
12    * Sec. 5. AS 18.80.230(a) is amended to read:                                                                      
13            (a)  It is unlawful for the owner, lessee, manager, agent, or employee of a                                  
14       public accommodation                                                                                              
15                 (1)  to refuse, withhold from, or deny to a person any of its services,                                 
16       goods, facilities, advantages, or privileges because of sex, sexual orientation, gender                       
17       identity or expression, physical or mental disability, marital status, changes in marital                     
18       status, pregnancy, parenthood, race, religion, color, or national origin;                                         
19                 (2)  to publish, circulate, issue, display, post, or mail a written or                                  
20       printed communication, notice, or advertisement that states or implies                                            
21                      (A)  that any of the services, goods, facilities, advantages, or                                   
22            privileges of the public accommodation will be refused, withheld from, or                                    
23            denied to a person of a certain race, religion, sex, sexual orientation, gender                          
24            identity or expression, physical or mental disability, marital status, color, or                         
25            national origin or because of pregnancy, parenthood, or a change in marital                                  
26            status, or                                                                                                   
27                      (B)  that the patronage of a person belonging to a particular                                      
28            race, creed, sex, sexual orientation, gender identity or expression, marital                             
29            status, color, or national origin or who, because of pregnancy, parenthood,                                  
30            physical or mental disability, or a change in marital status, is unwelcome, not                              
31            desired, or solicited.                                                                                       
01    * Sec. 6. AS 18.80.240 is amended to read:                                                                         
02            Sec. 18.80.240. Unlawful practices in the sale or rental of real property. It                              
03       is unlawful for the owner, lessee, manager, or other person having the right to sell,                             
04       lease, or rent real property                                                                                      
05                 (1)  to refuse to sell, lease, or rent the real property to a person because                            
06       of sex, sexual orientation, gender identity or expression, marital status, changes in                         
07       marital status, pregnancy, race, religion, physical or mental disability, color, or                               
08       national origin; however, nothing in this paragraph prohibits the sale, lease, or rental                          
09       of classes of real property commonly known as housing for "singles" or "married                                   
10       couples" only;                                                                                                    
11                 (2)  to discriminate against a person because of sex, sexual orientation,                           
12       gender identity or expression, marital status, changes in marital status, pregnancy,                          
13       race, religion, physical or mental disability, color, or national origin in a term,                               
14       condition, or privilege relating to the use, sale, lease, or rental of real property;                             
15       however, nothing in this paragraph prohibits the sale, lease, or rental of classes of real                        
16       property commonly known as housing for "singles" or "married couples" only;                                       
17                 (3)  to make a written or oral inquiry or record of the sex, sexual                                 
18       orientation, gender identity or expression, marital status, changes in marital status,                        
19       race, religion, physical or mental disability, color, or national origin of a person                              
20       seeking to buy, lease, or rent real property;                                                                     
21                 (4)  to offer, solicit, accept, use, or retain a listing of real property with                          
22       the understanding that a person may be discriminated against in a real estate                                     
23       transaction or in the furnishing of facilities or sources in connection therewith because                         
24       of a person's sex, sexual orientation, gender identity or expression, marital status,                         
25       changes in marital status, pregnancy, race, religion, physical or mental disability,                              
26       color, national origin, or age;                                                                                   
27                 (5)  to represent to a person that real property is not available for                                   
28       inspection, sale, rental, or lease when in fact it is so available, or to refuse to allow a                       
29       person to inspect real property because of the race, religion, physical or mental                                 
30       disability, color, national origin, age, sex, sexual orientation, gender identity or                          
31       expression, marital status, change in marital status, or pregnancy of that person or of                       
01       any person associated with that person;                                                                           
02                 (6)  to engage in blockbusting;                                                                         
03                 (7)  to make, print, or publish, or cause to be made, printed, or                                       
04       published, any notice, statement, or advertisement with respect to the sale or rental of                          
05       real property that indicates any preference, limitation, or discrimination based on race,                         
06       color, religion, physical or mental disability, sex, sexual orientation, gender identity                      
07       or expression, or national origin, or an intention to make the preference, limitation, or                     
08       discrimination.                                                                                                   
09    * Sec. 7. AS 18.80.250(a) is amended to read:                                                                      
10            (a)  It is unlawful for a financial institution or other commercial institution                              
11       extending secured or unsecured credit, upon receiving an application for financial                                
12       assistance or credit for the acquisition, construction, rehabilitation, repair, or                                
13       maintenance of a housing accommodation or other property or services, or the                                      
14       acquisition or improvement of unimproved property, or upon receiving an application                               
15       for any sort of loan of money, to permit one of its officials or employees during the                             
16       execution of the official's or the employee's duties                                                              
17                 (1)  to discriminate against the applicant because of sex, sexual                                   
18       orientation, gender identity or expression, physical or mental disability, marital                            
19       status, changes in marital status, pregnancy, parenthood, race, religion, color, or                               
20       national origin in a term, condition, or privilege relating to the obtainment or use of                           
21       the institution's financial assistance or credit, except to the extent of a federal statute or                    
22       regulation applicable to a transaction of the same character;                                                     
23                 (2)  to make or cause to be made a written or oral inquiry or record of                                 
24       the sex, sexual orientation, gender identity or expression, physical or mental                                
25       disability, marital status, changes in marital status, pregnancy, parenthood, race,                               
26       religion, color, or national origin of a person seeking the institution's financial                               
27       assistance or credit, unless the inquiry is for the purpose of ascertaining the creditor's                        
28       rights and remedies applicable to the particular extension of credit and is not made or                           
29       used in order to discriminate in a determination of creditworthiness;                                             
30                 (3)  to refuse to extend credit, issue a credit card, or make a loan to a                               
31       married person or a person with a physical or mental disability, who is otherwise                                 
01       creditworthy, if so requested by the person;                                                                      
02                 (4)  to refuse to issue a credit card to a married person in that person's                              
03       name, if so requested by the person, provided, however, that the person so requesting a                           
04       card may be required to open an account in that name.                                                             
05    * Sec. 8. AS 18.80.255 is amended to read:                                                                         
06            Sec. 18.80.255. Unlawful practices by the state or its political subdivisions.                             
07       It is unlawful for the state or any of its political subdivisions                                                 
08                 (1)  to refuse, withhold from, or deny to a person any local, state, or                                 
09       federal funds, services, goods, facilities, advantages, or privileges because of race,                            
10       religion, sex, sexual orientation, gender identity or expression, color, or national                          
11       origin;                                                                                                           
12                 (2)  to publish, circulate, issue, display, post, or mail a written or                                  
13       printed communication, notice, or advertisement that states or implies that any local,                            
14       state, or federal funds, services, goods, facilities, advantages, or privileges of the                            
15       office or agency will be refused, withheld from, or denied to a physically or mentally                            
16       disabled person or a person of a certain race, religion, sex, sexual orientation, gender                      
17       identity or expression, color, or national origin or that the patronage of a physically                       
18       or mentally disabled person or a person belonging to a particular race, creed, sex,                               
19       sexual orientation, gender identity or expression, color, or national origin is                               
20       unwelcome, not desired, or solicited; it is not unlawful to post notice that facilities to                        
21       accommodate the physically or mentally disabled are not available;                                                
22                 (3)  to refuse or deny to a person any local, state, or federal funds,                                  
23       services, goods, facilities, advantages, or privileges because of physical or mental                              
24       disability.                                                                                                       
25    * Sec. 9. AS 18.80.300(1) is amended to read:                                                                      
26                 (1)  "blockbusting" means an unlawful discriminatory practice by real                                   
27       estate brokers, real estate salesmen, or employees or agents of a broker or another                               
28       individual, corporation, partnership, or organization for the purpose of inducing a real                          
29       estate transaction from which any such person or its stockholders or members may                                  
30       benefit financially, to represent directly or indirectly that a change has occurred or will                       
31       or may occur from a composition with respect to race, religion, sexual orientation,                           
01       gender identity or expression, color, or national origin of the owners or occupants of                        
02       the block, neighborhood, or area in which the real property is located, and to represent                          
03       directly or indirectly that this change may or will result in undesirable consequences in                         
04       the block, neighborhood, or area in which the real property is located, including but                             
05       not limited to the lowering of property values, an increase in criminal or antisocial                             
06       behavior, or decline in the quality of the schools or other facilities;                                           
07    * Sec. 10. AS 18.80.300 is amended by adding new paragraphs to read:                                               
08                 (19)  "gender identity or expression" means having or being perceived                                   
09       as having a gender identity, self-image, appearance, behavior, or expression,                                     
10       regardless of whether that gender identity, self-image, appearance, behavior, or                                  
11       expression is different from that traditionally associated with the sex assigned to that                          
12       person at birth;                                                                                                  
13                 (20)  "sexual orientation" means heterosexuality, homosexuality,                                        
14       bisexuality, and gender expression or identity.