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SB 82: "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                             SENATE BILL NO. 82                                                                          
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(a) is amended to read:                                                                      
12 (a)  It is determined and declared as a matter of legislative finding that                                              
13 discrimination against an inhabitant of the state because of race, religion, color,                                     
14 national origin, age, sex, sexual orientation, gender identity or expression, physical                              
15 or mental disability, marital status, changes in marital status, pregnancy, or parenthood                               
16 is a matter of public concern and that this discrimination not only threatens the rights                                
17 and privileges of the inhabitants of the state but also menaces the institutions of the                                 
18 state and threatens peace, order, health, safety, and general welfare of the state and its                              
19       inhabitants.                                                                                                      
20    * Sec. 3. AS 18.80.200(b) is amended to read:                                                                      
21 (b)  Therefore, it is the policy of the state and the purpose of this chapter to                                        
22 eliminate and prevent discrimination in employment, in credit and financing practices,                                  
23 in places of public accommodation, in the sale, lease, or rental of real property because                               
24 of race, religion, color, national origin, sex, sexual orientation, gender identity or                              
25 expression, age, physical or mental disability, marital status, changes in marital status,                          
26 pregnancy or parenthood. It is also the policy of the state to encourage and enable                                     
27 physically and mentally disabled persons to participate fully in the social and                                         
28 economic life of the state and to engage in remunerative employment. It is not the                                      
29 purpose of this chapter to supersede laws pertaining to child labor, the age of majority,                               
30       or other age restrictions or requirements.                                                                        
31    * Sec. 4. AS 18.80.210 is amended to read:                                                                         
01 Sec. 18.80.210. Civil rights. The opportunity to obtain employment, credit and                                        
02 financing, public accommodations, housing accommodations, and other property                                            
03 without discrimination because of sex, sexual orientation, gender identity or                                       
04 expression, physical or mental disability, marital status, changes in marital status,                               
05       pregnancy, parenthood, race, religion, color, or national origin is a civil right.                                
06    * Sec. 5. AS 18.80.220(a) is amended to read:                                                                      
07            (a)  Except as provided in (c) and (e) of this section, it is unlawful for                               
08                 (1)  an employer to refuse employment to a person, or to bar a person                                   
09       from employment, or to discriminate against a person in compensation or in a term,                                
10 condition, or privilege of employment because of the person's race, religion, color, or                                 
11 national origin, or because of the person's age, physical or mental disability, sex,                                    
12 sexual orientation, gender identity or expression, marital status, changes in marital                               
13 status, pregnancy, or parenthood when the reasonable demands of the position do not                                     
14 require distinction on the basis of age, physical or mental disability, sex, sexual                                 
15 orientation, gender identity or expression, marital status, changes in marital status,                              
16       pregnancy, or parenthood;                                                                                         
17 (2)  a labor organization, because of a person's sex, sexual orientation,                                           
18 gender identity or expression, marital status, changes in marital status, pregnancy,                                
19 parenthood, age, race, religion, physical or mental disability, color, or national origin,                              
20 to exclude or to expel a person from its membership, or to discriminate in any way                                      
21       against one of its members or an employer or an employee;                                                         
22 (3)  an employer or employment agency to print or circulate or cause to                                                 
23 be printed or circulated a statement, advertisement, or publication, or to use a form of                                
24 application for employment or to make an inquiry in connection with prospective                                         
25 employment, that expresses, directly or indirectly, a limitation, specification, or                                     
26 discrimination as to sex, sexual orientation, gender identity or expression, physical                               
27 or mental disability, marital status, changes in marital status, pregnancy, parenthood,                                 
28 age, race, creed, color, or national origin, or an intent to make the limitation, unless                                
29       based on [UPON] a bona fide occupational qualification;                                                       
30 (4)  an employer, labor organization, or employment agency to                                                           
31 discharge, expel, or otherwise discriminate against a person because the person has                                     
01 opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the                                           
02       person has filed a complaint, testified, or assisted in a proceeding under this chapter;                          
03 (5)  an employer to discriminate in the payment of wages as between                                                     
04 the sexes, or to employ a female in an occupation in this state at a salary or wage rate                                
05 less than that paid to a male employee for work of comparable character or work in the                                  
06       same operation, business, or type of work in the same locality; or                                                
07 (6)  a person to print, publish, broadcast, or otherwise circulate a                                                    
08 statement, inquiry, or advertisement in connection with prospective employment that                                     
09 expresses directly a limitation, specification, or discrimination as to sex, sexual                                 
10 orientation, gender identity or expression, physical or mental disability, marital                                  
11 status, changes in marital status, pregnancy, parenthood, age, race, religion, color, or                                
12       national origin, unless based on [UPON] a bona fide occupational qualification.                               
13    * Sec. 6. AS 18.80.220 is amended by adding a new subsection to read:                                              
14 (e)  Notwithstanding (a) of this section, the prohibitions against discrimination                                       
15 under (a) of this section do not apply to an employment relationship between a                                          
16 religious organization and a minister employed by the religious organization. In this                                   
17       subsection,                                                                                                       
18 (1)  "minister" means an employee who leads a religious organization,                                                   
19 conducts worship services or important religious ceremonies or rituals, or serves as a                                  
20       messenger or teacher of the faith of a religious organization;                                                    
21 (2)  "religious organization" means an organization, church, body of                                                    
22 communicants, or group, not for pecuniary profit, gathered in common membership                                         
23 for mutual support and edification in piety, worship, and religious observances, or a                                   
24       society, not for pecuniary profit, of individuals united for a religious purpose.                                 
25    * Sec. 7. AS 18.80.230(a) is amended to read:                                                                      
26 (a)  It is unlawful for the owner, lessee, manager, agent, or employee of a                                             
27       public accommodation                                                                                              
28 (1)  to refuse, withhold from, or deny to a person any of its services,                                                 
29 goods, facilities, advantages, or privileges because of sex, sexual orientation, gender                             
30 identity or expression, physical or mental disability, marital status, changes in marital                           
31       status, pregnancy, parenthood, race, religion, color, or national origin;                                         
01 (2)  to publish, circulate, issue, display, post, or mail a written or                                                  
02       printed communication, notice, or advertisement that states or implies                                            
03 (A)  that any of the services, goods, facilities, advantages, or                                                        
04 privileges of the public accommodation will be refused, withheld from, or                                               
05 denied to a person of a certain race, religion, sex, sexual orientation, gender                                     
06 identity or expression, physical or mental disability, marital status, color, or                                    
07 national origin or because of pregnancy, parenthood, or a change in marital                                             
08            status, or                                                                                                   
09 (B)  that the patronage of a person belonging to a particular                                                           
10 race, creed, sex, sexual orientation, gender identity or expression, marital                                        
11 status, color, or national origin or who, because of pregnancy, parenthood,                                             
12 physical or mental disability, or a change in marital status, is unwelcome, not                                         
13            desired, or solicited.                                                                                       
14    * Sec. 8. AS 18.80.240 is amended to read:                                                                         
15 Sec. 18.80.240. Unlawful practices in the sale or rental of real property. It                                         
16 is unlawful for the owner, lessee, manager, or other person having the right to sell,                                   
17       lease, or rent real property                                                                                      
18 (1)  to refuse to sell, lease, or rent the real property to a person because                                            
19 of sex, sexual orientation, gender identity or expression, marital status, changes in                               
20 marital status, pregnancy, race, religion, physical or mental disability, color, or                                     
21 national origin; however, nothing in this paragraph prohibits the sale, lease, or rental                                
22 of classes of real property commonly known as housing for "singles" or "married                                         
23       couples" only;                                                                                                    
24 (2)  to discriminate against a person because of sex, sexual orientation,                                           
25 gender identity or expression, marital status, changes in marital status, pregnancy,                                
26 race, religion, physical or mental disability, color, or national origin in a term,                                     
27 condition, or privilege relating to the use, sale, lease, or rental of real property;                                   
28 however, nothing in this paragraph prohibits the sale, lease, or rental of classes of real                              
29       property commonly known as housing for "singles" or "married couples" only;                                       
30 (3)  to make a written or oral inquiry or record of the sex, sexual                                                 
31 orientation, gender identity or expression, marital status, changes in marital status,                              
01 race, religion, physical or mental disability, color, or national origin of a person                                    
02       seeking to buy, lease, or rent real property;                                                                     
03 (4)  to offer, solicit, accept, use, or retain a listing of real property with                                          
04 the understanding that a person may be discriminated against in a real estate                                           
05 transaction or in the furnishing of facilities or sources in connection therewith because                               
06 of a person's sex, sexual orientation, gender identity or expression, marital status,                               
07 changes in marital status, pregnancy, race, religion, physical or mental disability,                                    
08       color, national origin, or age;                                                                                   
09 (5)  to represent to a person that real property is not available for                                                   
10 inspection, sale, rental, or lease when in fact it is so available, or to refuse to allow a                             
11 person to inspect real property because of the race, religion, physical or mental                                       
12 disability, color, national origin, age, sex, sexual orientation, gender identity or                                
13 expression, marital status, change in marital status, or pregnancy of that person or of                             
14       any person associated with that person;                                                                           
15                 (6)  to engage in blockbusting;                                                                         
16 (7)  to make, print, or publish, or cause to be made, printed, or                                                       
17 published, any notice, statement, or advertisement with respect to the sale or rental of                                
18 real property that indicates any preference, limitation, or discrimination based on race,                               
19 color, religion, physical or mental disability, sex, sexual orientation, gender identity                            
20 or expression, or national origin, or an intention to make the preference, limitation, or                           
21       discrimination.                                                                                                   
22    * Sec. 9. AS 18.80.250(a) is amended to read:                                                                      
23 (a)  It is unlawful for a financial institution or other commercial institution                                         
24 extending secured or unsecured credit, upon receiving an application for financial                                      
25 assistance or credit for the acquisition, construction, rehabilitation, repair, or                                      
26 maintenance of a housing accommodation or other property or services, or the                                            
27 acquisition or improvement of unimproved property, or upon receiving an application                                     
28 for any sort of loan of money, to permit one of its officials or employees during the                                   
29       execution of the official's or the employee's duties                                                              
30 (1)  to discriminate against the applicant because of sex, sexual                                                   
31 orientation, gender identity or expression, physical or mental disability, marital                                  
01 status, changes in marital status, pregnancy, parenthood, race, religion, color, or                                     
02 national origin in a term, condition, or privilege relating to the obtainment or use of                                 
03 the institution's financial assistance or credit, except to the extent of a federal statute or                          
04       regulation applicable to a transaction of the same character;                                                     
05 (2)  to make or cause to be made a written or oral inquiry or record of                                                 
06 the sex, sexual orientation, gender identity or expression, physical or mental                                      
07 disability, marital status, changes in marital status, pregnancy, parenthood, race,                                     
08 religion, color, or national origin of a person seeking the institution's financial                                     
09 assistance or credit, unless the inquiry is for the purpose of ascertaining the creditor's                              
10 rights and remedies applicable to the particular extension of credit and is not made or                                 
11       used in order to discriminate in a determination of creditworthiness;                                             
12 (3)  to refuse to extend credit, issue a credit card, or make a loan to a                                               
13 married person or a person with a physical or mental disability, who is otherwise                                       
14       creditworthy, if so requested by the person;                                                                      
15 (4)  to refuse to issue a credit card to a married person in that person's                                              
16 name, if so requested by the person, provided, however, that the person so requesting a                                 
17       card may be required to open an account in that name.                                                             
18    * Sec. 10. AS 18.80.255 is amended to read:                                                                        
19 Sec. 18.80.255. Unlawful practices by the state or its political subdivisions.                                        
20       It is unlawful for the state or any of its political subdivisions                                                 
21 (1)  to refuse, withhold from, or deny to a person any local, state, or                                                 
22 federal funds, services, goods, facilities, advantages, or privileges because of race,                                  
23 religion, sex, sexual orientation, gender identity or expression, color, or national                                
24       origin;                                                                                                           
25 (2)  to publish, circulate, issue, display, post, or mail a written or                                                  
26 printed communication, notice, or advertisement that states or implies that any local,                                  
27 state, or federal funds, services, goods, facilities, advantages, or privileges of the                                  
28 office or agency will be refused, withheld from, or denied to a physically or mentally                                  
29 disabled person or a person of a certain race, religion, sex, sexual orientation, gender                            
30 identity or expression, color, or national origin or that the patronage of a physically                             
31 or mentally disabled person or a person belonging to a particular race, creed, sex,                                     
01       sexual orientation, gender identity or expression, color, or national origin is                               
02       unwelcome, not desired, or solicited; it is not unlawful to post notice that facilities to                        
03       accommodate the physically or mentally disabled are not available;                                                
04                 (3)  to refuse or deny to a person any local, state, or federal funds,                                  
05       services, goods, facilities, advantages, or privileges because of physical or mental                              
06       disability.                                                                                                       
07    * Sec. 11. AS 18.80.300(1) is amended to read:                                                                     
08                 (1)  "blockbusting" means an unlawful discriminatory practice by a real                                 
09       estate broker, real estate salesperson, or employee or agent of a broker or another                               
10 individual, corporation, partnership, or organization for the purpose of inducing a real                                
11 estate transaction from which that [ANY SUCH] person or its stockholders or                                         
12 members may benefit financially, to represent directly or indirectly that a change has                                  
13 occurred or will or may occur from a composition with respect to race, religion,                                        
14 sexual orientation, gender identity or expression, color, or national origin of the                                 
15 owners or occupants of the block, neighborhood, or area in which the real property is                                   
16 located, and to represent directly or indirectly that this change may or will result in                                 
17 undesirable consequences in the block, neighborhood, or area in which the real                                          
18 property is located, including the lowering of property values, an increase in criminal                                 
19       or antisocial behavior, or decline in the quality of the schools or other facilities;                             
20    * Sec. 12. AS 18.80.300 is amended by adding new paragraphs to read:                                               
21 (19)  "gender identity or expression" means having or being perceived                                                   
22 as having or expressing a gender, self-image, appearance, or behavior, regardless of                                    
23 whether that gender, self-image, appearance, or behavior is different from that                                         
24       traditionally associated with the sex assigned to that person at birth;                                           
25 (20)  "sexual orientation" means heterosexuality, homosexuality, and                                                    
26       bisexuality.