Legislature(2019 - 2020)GRUENBERG 120

03/28/2019 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 96 PIONEERS' HOME AND VETERANS' HOME RATES TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 71 STATE PERSONNEL ACT: VETERANS' EXPERIENCE TELECONFERENCED
Moved HB 71 Out of Committee
-- Public Testimony --
*+ HB 82 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT. TELECONFERENCED
Heard & Held
+ Presentation: TBA TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 82-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.                                                                     
                                                                                                                                
4:34:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS  announced  that   the  final  order  of                                                               
business  would be  HOUSE  BILL NO.  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."                                                                                  
                                                                                                                                
4:35:01 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 4:35 p.m.                                                                                 
                                                                                                                                
4:35:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDY JOSEPHSON,  Alaska State Legislature, relayed                                                               
that HB  82 would add to  Title 18 that  it is the policy  of the                                                               
State of Alaska not to  discriminate based on sexual orientation,                                                               
gender  identity,  or  expression;  in the  event  someone  does,                                                               
he/she  can be  brought before  the Alaska  State Commission  for                                                               
Human  Rights (ASCHR);  and failing  conciliation, he/she  can be                                                               
sued for various  remedies.  Several states have  similar laws in                                                               
place  as   does  the  City   and  Borough  of  Juneau   and  the                                                               
Municipality of  Anchorage.  Recently the  Fairbanks City Council                                                               
passed a  similar ordinance by  a vote of  4-2; it was  vetoed by                                                               
the mayor,  who asked that  the question  be placed on  a ballot.                                                               
Representative   Josephson  added   that  the   issue  of   anti-                                                               
discrimination addressed  under HB 82  is the "last  frontier" of                                                               
the civil  rights movement.   He maintained that since  Alaska is                                                               
The Last Frontier  it is appropriate that it  add this protection                                                               
for  the  tens  of  thousands  of people  in  Alaska  who  regard                                                               
themselves as within this population.                                                                                           
                                                                                                                                
REPRESENTATIVE JOSEPHSON  referred to  slide 1 of  the PowerPoint                                                               
presentation  to review  the goals  of the  proposed legislation,                                                               
which read as follows:                                                                                                          
                                                                                                                                
   • To add "sexual orientation" and "gender identity or                                                                        
     expression" to the list of classes protected under                                                                         
     Alaska law                                                                                                                 
   • To ensure that all Alaskans enjoy the right to                                                                             
     participate in commerce and active lives in our                                                                            
     communities                                                                                                                
   • To strengthen Alaska's civil rights statutes                                                                               
   • To shape Alaska into a shining model for protection of                                                                     
     human rights                                                                                                               
   • To protect one of the fastest growing communities of                                                                       
     individuals in Alaska from discrimination and afford                                                                       
     them the same protection as all other Alaskans                                                                             
                                                                                                                                
REPRESENTATIVE JOSEPHSON added that  the protections would relate                                                               
to housing,  lending, employment, and  the like.  He  stated that                                                               
after the  U.S. Civil Rights Act  [of 1964] became law,  the U.S.                                                               
Supreme Court  in Heart of  Atlanta Motel, Inc. v.  United States                                                             
wrote that non-discrimination represents good commerce.                                                                         
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  turned to  the  timeline  on slide  2,                                                               
entitled  "Alaska's Civil  Rights  History in  Brief," and  noted                                                               
that during  the Thirtieth  Alaska State  Legislature, 2017-2018,                                                               
the  House State  Affairs Standing  Committee advanced  a similar                                                               
bill, [House  Bill 184], by  a bipartisan  vote.  He  pointed out                                                               
that  the  Alaska  Equal  Rights   Act  of  1945,  championed  by                                                               
Elizabeth  Peratrovich, predates  the U.S.  Civil Rights  Act; he                                                               
maintained that HB 82 would be an extension of that effort.                                                                     
                                                                                                                                
4:42:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  moved on  to slide 3,  entitled "Policy                                                               
Overview: Local  Trends," and noted  the three  large communities                                                               
of  Alaska recognizing  protections  of  lesbian, gay,  bisexual,                                                               
transgender, transsexual, queer/questioning  (LGBTQ) citizens and                                                               
the efforts  of non-governmental  organizations (NGOs)  listed on                                                               
the slide, which read as follows:                                                                                               
                                                                                                                                
     Alaska Communities that protect LGBTQ citizens:                                                                            
                                                                                                                                
   square4 Anti-discrimination ordinances are in place in 3                                                                     
     Alaska communities:                                                                                                        
        square4 Juneau (Adopted August 2016)                                                                                    
        square4 Anchorage (Adopted September 2015 and upheld by                                                                 
          Anchorage voters April 2018)                                                                                          
        square4 Sitka (Adopted December 2017)                                                                                   
   square4 Anti-discrimination ordinance passed but vetoed by                                                                   
     mayor:                                                                                                                     
        square4 Fairbanks                                                                                                       
   square4 NGOs and community organization working to end                                                                       
     discrimination in Alaska include:                                                                                          
        square4 Fair Anchorage Campaign by the ACLU Alaska                                                                      
        square4 Human Rights Campaign Alaska                                                                                    
        square4 Identity Alaska                                                                                                 
        square4 Alaskans Together for Equality                                                                                  
        square4 Pride Foundation                                                                                                
                                                                                                                                
REPRESENTATIVE JOSEPHSON  mentioned that  the City of  Bethel has                                                               
an ordinance  prohibiting discrimination for employment  based on                                                               
sexual orientation.                                                                                                             
                                                                                                                                
REPRESENTATIVE JOSEPHSON  referred to  slide 4,  entitled "Policy                                                               
Overview:  Other  States  with  Similar Laws,"  and  pointed  out                                                               
Alaska's  sister states  who have  followed the  proposed policy:                                                               
California,  Colorado, Connecticut,  Delaware, Hawaii,  Illinois,                                                               
Iowa,  Maine,  Maryland,  Massachusetts, Minnesota,  Nevada,  New                                                               
Hampshire,  New  Jersey,  New Mexico,  New  York,  Oregon,  Rhode                                                               
Island,   Utah,   Vermont,   Washington,  Washington,   DC,   and                                                               
Wisconsin.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOSEPHSON  provided a sectional analysis  of HB 82                                                               
by  reviewing  slides  5-12 shown  below,  [original  punctuation                                                               
provided].   He discussed  Section 1  on Slide  5, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     SECTION 1:                                                                                                                 
       ADDS 'SEXUAL ORIENTATION' AND 'GENDER IDENTITY OR                                                                        
     EXPRESSION' TO THE LIST OF CATEGORIES PROTECTED BY THE                                                                     
     HUMAN RIGHTS COMMISSION                                                                                                    
                                                                                                                                
     THE ALASKA  STATE COMMISSION ON  HUMAN RIGHTS  PASSED A                                                                    
     RESOLUTION  IN 2016  REQUESTING  THIS  CHANGE BUT  LACK                                                                    
     AUTHORITY TO IMPLEMENT IT ON THEIR OWN                                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON relayed that there  are two areas of law                                                               
that one  would see  such codification:   Title  6 of  the Alaska                                                               
Administrative  Code (AAC),  relating  to how  cases are  brought                                                               
before  ASCHR; and  Title 18  in  Alaska Statutes,  which is  the                                                               
substance of  existing state  law naming  discriminatory practice                                                               
violations.   He relayed that  Title 18 also lists  the remedies,                                                               
such as restraining orders and backpay.                                                                                         
                                                                                                                                
REPRESENTATIVE JOSEPHSON  continued with  slides 6,  7, and  8 to                                                               
describe Sections  2, 3,  4, and 5  of the  proposed legislation,                                                               
which read as follows:                                                                                                          
                                                                                                                                
     SECTION 2:                                                                                                                 
     ADD  CATEGORIES  OF  'SEXUAL ORIENTATION'  AND  'GENDER                                                                    
     IDENTITY  OR  EXPRESSION'  TO  THE  LIST  OF  PROTECTED                                                                    
     CLASSES WHICH THE  LEGISLATURE FINDS TO BE  A CAUSE FOR                                                                    
     PUBLIC CONCERN                                                                                                             
                                                                                                                                
     SECTION 3:                                                                                                                 
     ADDS  'SEXUAL  ORIENTATION'  AND  'GENDER  IDENTITY  OR                                                                    
     EXPRESSION' TO  THE LIST OF  CATEGORIES THAT  THE STATE                                                                    
     PROTECTS AGAINST  DISCRIMINATION IN  EMPLOYMENT, CREDIT                                                                    
     AND  FINANCING,  PLACES  OF  PUBLIC  ACCOMMODATION  AND                                                                    
     MATTERS RELATED TO PROPERTY SALE, LEASE AND RENTAL                                                                         
                                                                                                                                
     IN CURRENT  ALASKA STATUTE OTHER PROTECTED  CLASSES ARE                                                                    
     HIELDED  FROM DISCRIMINATION  BASED ON  RACE, RELIGION,                                                                    
     COLOR, NATIONAL  ORIGIN, AGE,  SEX, PHYSICAL  OR MENTAL                                                                    
     DISABILITY,  MARITAL   STATUTES,  CHANGES   IN  MARITAL                                                                    
     STATUS, PREGNANCY, OR PARENTHOOD                                                                                           
                                                                                                                                
     SECTION 4:                                                                                                                 
     ADDS  'SEXUAL  ORIENTATION'  AND  'GENDER  IDENTITY  OR                                                                    
     EXPRESSION'  TO  THE   CATEGORIES  OF  PROTECTED  CIVIL                                                                    
     RIGHTS                                                                                                                     
                                                                                                                                
     'CIVIL  RIGHT IS  AN  ENFORCEABLE  RIGHT OR  PRIVILEGE,                                                                    
     WHICH IF  INTERFERED WITH BY  ANOTHER GIVES RISE  TO AN                                                                    
     ACTION  FOR  INJURY.  DISCRIMINATION  OCCURS  WHEN  THE                                                                    
     CIVIL RIGHTS OF AN  INDIVIDUAL ARE DENIED OR INTERFERED                                                                    
     WITH  BECAUSE  OF  THE  INDIVIDUAL'S  MEMBERSHIP  IN  A                                                                    
     PARTICULAR GROUP OR CLASS? CIVIL  RIGHTS REFER TO LEGAL                                                                    
     PROVISIONS THAT STEM FROM NOTIONS OF EQUALITY.'*                                                                           
                                                                                                                                
     *HTTPS://WWW.LAW.CORNELL.EDU/WEX/CIVIL_RIGHTS                                                                              
                                                                                                                                
     SECTION 5:                                                                                                                 
     PROHIBITS   UNLAWFUL  EMPLOYMENT   PRACTICE  BASED   ON                                                                    
     'SEXUAL   ORIENTATION'   AND    'GENDER   IDENTITY   OR                                                                    
     EXPRESSION'                                                                                                                
                                                                                                                                
     A 2011  SURVEY OF LGBTQ INDIVIDUALS  IN ANCHORAGE FOUND                                                                    
     THAT  62%  OF  RESPONDENTS   HAD  HIDDEN  THEIR  SEXUAL                                                                    
     ORIENTATION,  GENDER IDENTITY  OR GENDER  TRANSITION AT                                                                    
     WORK                                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   relayed  that  Section   6  addresses                                                               
religious exemption;  in the area of  religious organizations and                                                               
ministerial jobs,  the proposed  bill would have  no application.                                                               
Section 6 is described on slide 9, which read as follows:                                                                       
                                                                                                                                
     SECTION 6:                                                                                                                 
     PROVIDES   A   RELIGIOUS   EXEMPTION   FOR   EMPLOYMENT                                                                    
     RELATIONSHIP BETWEEN A RELIGIOUS ORGANIZATION AND A                                                                        
     MINISTER EMPLOYED BY THE RELIGIOUS ORGANIZATION                                                                            
                                                                                                                                
REPRESENTATIVE JOSEPHSON referred to Section 7 on slide 10,                                                                     
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     SECTION 7:                                                                                                                 
     PROHIBITS UNLAWFUL  PRACTICES IN  PUBLIC ACCOMMODATIONS                                                                    
     BASED ON  'SEXUAL ORIENTATION'  OR 'GENDER  IDENTITY OR                                                                    
     EXPRESSION'                                                                                                                
                                                                                                                                
     LGBTQ INDIVIDUALS  IN A 2011 ANCHORAGE  SURVEY WHO WERE                                                                    
     DENIED ACCOMMODATIONS:                                                                                                     
                                                                                                                                
     ? 13.1% DENIED SERVICE IN A RESTAURANT                                                                                     
                                                                                                                                
     ? 6% DENIED USE OF PUBLIC RESTROOM                                                                                         
                                                                                                                                
     ? 3.4% DENIED ROOM IN HOTEL                                                                                                
                                                                                                                                
     ? 8.2% DENIED MEMBERSHIP TO GYM OR FITNESS CLUB                                                                            
                                                                                                                                
REPRESENTATIVE JOSEPHSON reminded the committee of the history                                                                  
of   certain   people   in    Southeast   Alaska   being   denied                                                               
accommodations due to the color of their skin.                                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved on to slide 11 to describe                                                                       
Section 8, which read as follows:                                                                                               
                                                                                                                                
                                                                                                                                
     SECTION 8:                                                                                                                 
     PROHIBITS UNLAWFUL  PRACTICES IN THE SALE  OR RENTAL OF                                                                    
     REAL PROPERTY BASED ON  'SEXUAL ORIENTATION' OR 'GENDER                                                                    
     IDENTITY OR EXPRESSION'                                                                                                    
                                                                                                                                
     ? A  2015 SURVEY  OR TRANSGENDER INDIVIDUALS  IN ALASKA                                                                    
     REPORTED THAT 32% OF  RESPONDENTS EXPERIENCED SOME FORM                                                                    
     OF  HOUSING DISCRIMINATION  IN THE  PAST  YEAR AND  43%                                                                    
     HAVE EXPERIENCED  HOMELESSNESS AT  SOME POINT  IN THEIR                                                                    
     LIVES                                                                                                                      
                                                                                                                                
     ?  A  2011 SURVEY  OF  LGBTQ  INDIVIDUALS IN  ANCHORAGE                                                                    
     FOUND THAT 18.7% OF RESPONDENTS  HAD BEEN HARASSED BY A                                                                    
     LANDLORD  OR  OTHER  TENANT  BECAUSE  OF  THEIR  SEXUAL                                                                    
     ORIENTATION OR GENDER IDENTITY/EXPRESSION                                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON reviewed Section 9 on slide 12, which                                                                  
read as follows:                                                                                                                
                                                                                                                                
     SECTION 9:                                                                                                                 
     PROHIBITS   UNLAWFUL   PRACTICES   IN   FINANCING   AND                                                                    
     EXTENDING  CREDIT  BASED  ON  'SEXUAL  ORIENTATION'  OR                                                                    
     'GENDER IDENTITY OR EXPRESSION'                                                                                            
                                                                                                                                
     A 2011  SURVEY OF LGBTQ INDIVIDUALS  IN ANCHORAGE FOUND                                                                    
     THAT 3.7% OF RESPONDENTS WERE  DENIED A LOAN OR LINE OF                                                                    
     CREDIT WHEN OTHERWISE QUALIFIED                                                                                            
                                                                                                                                
REPRESENTATIVE JOSEPHSON briefly described Section 10 on slide                                                                  
13, which read as follows:                                                                                                      
                                                                                                                                
     SECTION 10:                                                                                                                
     PROHIBITS  UNLAWFUL  PRACTICES  BY  THE  STATE  OR  ITS                                                                    
     POLITICAL  SUBDIVISIONS BASED  ON 'SEXUAL  ORIENTATION'                                                                    
     OR 'GENDER IDENTITY OR EXPRESSION'                                                                                         
                                                                                                                                
     INCLUDES ALL  STATE AND  LOCAL GOVERNMENT  AGENCIES AND                                                                    
     WILL  END  DISCRIMINATION  IN SCHOOLS,  IN  COURTS,  BY                                                                    
     POLICE AND  PUBLIC SAFETY  OFFICIALS AND  BY GOVERNMENT                                                                    
     SERVICES AND AGENCIES                                                                                                      
                                                                                                                                
4:48:29 PM                                                                                                                    
                                                                                                                                
ELISE  SORUM-BIRK, Staff,  Representative Andy  Josephson, Alaska                                                               
State Legislature,  referred to slide  14 to describe  Section 11                                                               
and to explain the concept of  "blockbusting."  The slide read as                                                               
follows:                                                                                                                        
                                                                                                                                
     SECTION 11:                                                                                                                
     PROHIBITS  UNLAWFUL   PRACTICES  IN   BLOCKBUSTING,  OR                                                                    
     PRACTICE BY A REAL ESTATE AGENT TO CLOSE A TRANSACTION                                                                     
     BASED ON  'SEXUAL ORIENTATION'  OR 'GENDER  IDENTITY OR                                                                    
     EXPRESSION'                                                                                                                
                                                                                                                                
     'BLOCKBUSTING'   MEANS   AN   UNLAWFUL   DISCRIMINATORY                                                                    
     PRACTICE  BY   A  REAL   ESTATE  BROKER,   REAL  ESTATE                                                                    
     SALESPERSON,  OR  EMPLOYEE  OR  AGENT OF  A  BROKER  OR                                                                    
     ANOTHER   INDIVIDUAL,   CORPORATION,  PARTNERSHIP,   OR                                                                    
     ORGANIZATION FOR THE PURPOSE  OF INDUCING A REAL ESTATE                                                                    
     TRANSACTION  FROM   WHICH  ANY   SUCH  PERSON   OR  ITS                                                                    
     STOCKHOLDERS  OR MEMBERS  MAY  BENEFIT FINANCIALLY,  TO                                                                    
     REPRESENT  DIRECTLY OR  INDIRECTLY  THAT  A CHANGE  HAS                                                                    
     OCCURRED OR WILL  OR MAY OCCUR FROM  A COMPOSITION WITH                                                                    
     RESPECT TO  RACE, RELIGION,  COLOR, OR  NATIONAL ORIGIN                                                                    
     OF THE OWNERS OR  OCCUPANTS OF THE BLOCK, NEIGHBORHOOD,                                                                    
     OR AREA  IN WHICH THE  REAL PROPERTY IS  LOCATED, ANDTO                                                                    
     REPRESENT DIRECTLY  OR INDIRECTLY THAT THIS  CHANGE MAY                                                                    
     OR  WILL  RESULT  IN UNDESIRABLE  CONSEQUENCES  IN  THE                                                                    
     BLOCK,  NEIGHBORHOOD,   OR  AREA  IN  WHICH   THE  REAL                                                                    
     PROPERTY   IS  LOCATED,   INCLUDING  THE   LOWERING  OF                                                                    
     PROPERTY VALUES, AN INCREASE  IN CRIMINAL OR ANTISOCIAL                                                                    
     BEHAVIOR, OR DECLINE  IN THE QUALITY OF  THE SCHOOLS OR                                                                    
     OTHER FACILITIES                                                                                                           
                                                                                                                                
     (AS 18.80.30 (1))                                                                                                          
                                                                                                                                
MS.  SORUM-BIRK  relayed that  blockbusting  is  the practice  of                                                               
persuading owners  to sell  property cheaply due  to the  fear of                                                               
people of  another race  or class  moving into  the neighborhood,                                                               
thereby,  creating a  margin of  profit based  on reselling  at a                                                               
higher   price.     This  was   seen   historically  in   certain                                                               
neighborhoods  in which  a  real estate  agent  would attempt  to                                                               
convince  a resident  to  sell  his/her house  at  less than  the                                                               
assessed  value  due  to  an African  American  moving  into  the                                                               
neighborhood.   The  real  estate agent  could,  thereby, turn  a                                                               
profit.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  added  that   ASCHR  has  stated  that                                                               
although  there  may be  remedies  [for  discrimination based  on                                                               
gender identity  or expression], such  as through the  U.S. Equal                                                               
Employment   Opportunity   Commission    (EEOC),   the   proposed                                                               
legislation is  the remedy  that ASCHR must  have to  protect the                                                               
civil rights of these individuals.                                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  how  HB 82  would  affect  women's                                                               
shelters  that did  not want  to  accept people  who identify  as                                                               
women but  are not  biologically women.   She  asked additionally                                                               
how  HB 82  would affect  sports teams;  for example,  a man  who                                                               
identifies as a woman and wants to complete in women's sports.                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON  expressed his belief that  the proposed                                                               
legislation  would not  address  domestic  violence shelters  but                                                               
would research this issue.  He  said that a sporting event is not                                                               
the subject of  the proposed legislation; nothing in  HB 82 would                                                               
affect eligibility for a sporting event.                                                                                        
                                                                                                                                
4:52:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL asked  whether there  has been  a documented                                                               
case of blockbusting regarding the LGTBQ community.                                                                             
                                                                                                                                
REPRESENTATIVE JOSEPHSON referred to  the November 2011 Anchorage                                                               
survey,   entitled   "Anchorage   LGBT   Discrimination   Survey:                                                               
Preliminary Report," included in  the committee packet, and cited                                                               
the following  statistics:   10.1 percent  of the  LGBT community                                                               
was denied  a lease when  otherwise qualified; 20.9  percent were                                                               
turned down for a job  when otherwise qualified; and 73.1 percent                                                               
reported  having   to  hide  their  sexual   orientation,  gender                                                               
identity,    or   gender    transition   to    avoid   employment                                                               
discrimination.  He mentioned that  he does not have any specific                                                               
information on Representative Wool's question.                                                                                  
                                                                                                                                
MS.  SORUM-BIRK  relayed that  she  is  not  aware of  cases  [of                                                               
blockbusting]  in   Alaska;  however,   there  have   been  cases                                                               
nationally.                                                                                                                     
                                                                                                                                
REPRESENTATIVE SHAW offered his  understanding that the intent of                                                               
HB 82  is to  prohibiting discrimination  "across the  board" and                                                               
not just for housing.                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOSEPHSON replied  that  under HB  82, the  broad                                                               
civil rights intent  described in the preamble  language would be                                                               
advanced through  the protection of LGBTQ  against discrimination                                                               
in housing, employment, lending, and public accommodation.                                                                      
                                                                                                                                
4:56:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW  stated that  his comment concerns  the title                                                               
of HB 82, which read:                                                                                                           
                                                                                                                                
                      FOR AN ACT ENTITLED                                                                                       
                                                                                                                                
     '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.'                                                                                         
                                                                                                                                
REPRESENTATIVE SHAW  maintained that the  title of HB 82  is very                                                               
broad and  the stated goals  of the  legislation, on slide  1, do                                                               
not mention  housing.  He asked  whether HB 82 would  cover broad                                                               
community issues.                                                                                                               
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  answered  that  like  the  U.S.  Civil                                                               
Rights  Act,  the  proposed legislation  would  require  that  in                                                               
employment  or  business,  the merchant  must  subscribe  to  the                                                               
greater  tenant  of   the  Act;  however,  every   action  of  an                                                               
individual would  not be monitored  for politically  correct (PC)                                                               
compliance  with some  greater civil  rights tenant.   He  stated                                                               
that HB  82 would add  "sexual orientation" and  "gender identity                                                               
or  expression" repeatedly  to existing  law; it  would add  this                                                               
class  to  the many  classes  already  protected -  physical  and                                                               
mental  disability,   marital  status,  race,   religion,  color,                                                               
national origin.  Beyond that there  would be no expansion of the                                                               
civil rights [U.S.] Code [Title 42, Chapter 21].                                                                                
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  for  a legal  opinion  on  women's                                                               
shelters   and  sports   teams   in  respect   to  the   proposed                                                               
legislation.   She  expressed her  understanding that  it is  not                                                               
illegal to discriminate  against a person if there  is a rational                                                               
basis for  doing so unless  the person  is in a  protected class;                                                               
race,  religion,  and  national  origin have  always  been  those                                                               
protected  classes;  and to  discriminate  against  someone in  a                                                               
protected class requires  a compelling state interest.   She said                                                               
that her concern is that  adding "sexual orientation" and "gender                                                               
identity or expression" puts these  categories into the protected                                                               
class,  which  would  require a  compelling  state  interest  and                                                               
everything else that follows.                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON  responded that  in the case  of gender,                                                               
it is not a compelling interest  but an important interest - or a                                                               
middle  tier test;  therefore, women  are not  as protected  as a                                                               
racial minority.   He  agreed that  "compelling interest"  is the                                                               
test;  under HB  82, the  classifications [of  sexual orientation                                                               
and  gender  identity  or  expression]  would  be  added  to  the                                                               
protected  class in  the  ASCHR code;  the  Alaska State  Supreme                                                               
Court  would recognize  that  when  applying a  tough  test.   He                                                               
acknowledged that the test could be overcome.                                                                                   
                                                                                                                                
[HB 82 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB096 CS ver U 3.28.19.pdf HSTA 3/28/2019 3:00:00 PM
SHSS 2/12/2020 1:30:00 PM
HB 96
HB096 ver U Sectional Analysis 3.28.19.pdf HHSS 4/23/2019 3:00:00 PM
HSTA 3/28/2019 3:00:00 PM
SHSS 2/12/2020 1:30:00 PM
HB 96
HB096 Summary of Changes Version M to Version U 3.28.19.pdf HHSS 4/9/2019 3:00:00 PM
HSTA 3/28/2019 3:00:00 PM
SHSS 2/12/2020 1:30:00 PM
HB 96
HB096 Letters of Support Redacted 3.27.19.pdf HHSS 4/23/2019 3:00:00 PM
HSTA 3/28/2019 3:00:00 PM
HB 96
HB082 ver A 3.19.19.PDF HSTA 3/28/2019 3:00:00 PM
HB 82
HB082 Sponsor Statement 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
HB 82
HB082 Sectional Analysis 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Letters of Support Redacted 3.27.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - 2010 Census 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Alaska Public Media Article 3.27.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - 2015 AK Transgender Survey 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - ASHRC Resolution 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - HRC State Laws 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Legal Memo 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Memorandum, Religious Exemptions 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - The Commerce of Diversity 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Anch LGBT Discrimination Preliminary Report 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Williams Institute 3.19.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 PowerPoint 3.28.19.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Opposing Document - Letters of Opposition 4.1.19 Redacted.pdf HSTA 3/28/2019 3:00:00 PM
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HB082 Supporting Document - Letters of Support 4.1.19 Redacted.pdf HSTA 3/28/2019 3:00:00 PM
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