Legislature(2013 - 2014)BUTROVICH 205
02/24/2014 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB169 | |
| SB162 | |
| SB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 131 | TELECONFERENCED | |
| = | SB 162 | ||
| = | SB 169 | ||
SB 131-SEXUAL ORIENTATION DISCRIMINATION
1:41:18 PM
CHAIR STEDMAN announced that the final order of business would
be SB 131. He said this is the first hearing on the bill. The
intent is to allow the bill sponsor to introduce the bill, take
public testimony, and set the bill aside.
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 131, explained that the bill is a civil rights
bill and people all over the state are watching with great
interest and concern. It is about the right of individuals to
pursue their constitutional right to life, liberty, and the
pursuit of happiness, without fear - without fear that their
deeply felt personal gender identity and gender expression, can
result in the loss of employment or the loss of housing. She
opined that SB 131 is a very, very simple piece of legislation
with deep meaning. She suggested if one is inclined to feel
differently about it, inserting, in place of sexual orientation,
gender identity, or expression, the words female gender,
Norwegian heritage, or Native Alaskan heritage. She said that
might bring home the real importance of the legislation.
THOMAS PRESLEY, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, introduced SB 131 on behalf of the
sponsor. He said that SB 131 expands current anti-discrimination
statutes to include sexual orientation and gender identity. The
Alaska State Commission on Human Rights would be charged with
enforcing those protections.
He noted the sectional analysis in members' packets. He said, in
general, the sections make conforming amendments to the Alaska
State Commission on Human Rights statutes by inserting the words
"sexual orientation" and "gender identity" to statutes with
regards to fair employment, housing, and financing. He noted a
definition section in the bill.
MR. PRESLEY referred to a document containing a brief
description on what the Alaska State Commission on Human Rights
does. The Commission was created in 1963 and it currently
protects from discrimination based on race, color, religion,
sex, national origin, physical and mental disabilities, age,
marital status, pregnancy, or parenthood. The Commission is
charged in statute with eliminating discrimination in
employment, places of public accommodation, the sale or rental
of real property, financing and credit, and practices by the
state in its political subdivision.
He turned attention to the Anchorage LGBT Discrimination Survey
done by University of Alaska researcher Melissa Green. The
survey is probably the most comprehensive look at self-reports
of discrimination in Anchorage.
1:45:14 PM
MR. PRESLEY reviewed the findings in the survey. About 76
percent of the sample of respondents, and 68 percent of the
sample that had lived in Anchorage for less than five years,
have reported either verbal abuse or name-calling. He said that
73 percent of that sample reported hiding their sexual
orientation, gender identity, or gender transition to avoid job
discrimination and 44 percent reported having been harassed by
their employer or other employees. In housing, a little over
18.5 percent of respondents reported having been harassed by
landlords or other tenants. In school and educational settings,
41 percent reported having been bullied or harassed. The report
also includes statistics about discrimination in child custody
hearings and access to public services.
He noted that transgender respondents reported much higher rates
of discrimination, including verbal and physical abuse. He
related that the largest national survey done in 2010 asked
transgender respondents about harassment at work and found that
78 percent had experienced discrimination in their workplace.
He encouraged the committee to read the personal letters in
their packets.
1:47:41 PM
MR. PRESLEY said 19 states currently protect against
discrimination with regards to sexual orientation and 16 have
statutes that reflect the bill before the committee today. Both
Alaska Senators have voted for passage of SB 815, which is the
United States Employment Non-discrimination Act of 2013. The
effect of that bill in employment reflects what SB 131 is doing
today.
MR. PRESLEY highlighted two studies from Utah and Iowa that
discuss discrimination and show results consistent with the
Anchorage LGBT Community Survey. The Ohio study also looks into
wage inequality for men in same sex couples and shows that laws
such as SB 131 do reduce discrimination against LGBT people.
He indicated that the Anchorage Chamber of Commerce recently
focused on a presentation called the "Commerce of Diversity."
The Chamber partnered with the Anchorage Economic Development
Corporation for the "One Anchorage, One Economy Initiative." He
added that a number of Fortune 500 companies have adopted
nondiscrimination policies.
1:50:41 PM
MR. PRESLEY concluded by commenting that discrimination is
taking place in Alaska and it affects people's ability to enjoy
fair employment, housing, and credit opportunities. The bill
would give victims of discrimination recourse. The Alaska State
Legislature has a strong tradition of protecting minority
rights. He noted the House passed HB 211, an act relating to
education and employment of individuals with disabilities. He
stated that there are benefits with non-discrimination policies
that are economic and otherwise. He said he has received letters
of support from around the state and over 300 postcards in
support of the bill.
1:52:17 PM
CHAIR STEDMAN noted one fiscal note from Governor's office on
behalf of the Human Rights Commission for $58,500 in general
funds for an additional half-time investigator.
He opened public testimony.
1:53:01 PM
JOSHUA DECKER, Interim Executive Director, American Civil
Liberties Union of Alaska, Anchorage, Alaska, testified in
support of SB 131. He noted that he has submitted written
testimony to the committee. He remarked that Mr. Presley's
information demonstrates that discrimination is real and there
is a factual need for the bill. He maintained that it is
unconstitutional to discriminate against minorities and to deny
LBGT individuals benefits of marriage, employment, or civil
rights. The bill will bring the protection of those individuals
under the protection of Alaska's non-discrimination law.
1:54:20 PM
MICHAEL DUNSMORE, representing himself, Anchorage, Alaska,
testified in support of SB 131. He said he would benefit from
the bill, even as a heterosexual. He said it affects the entire
community when members of it are being discriminated against. He
spoke of a dilemma for LBGT individuals when interviewing for a
job, whether to share their sexual identity with the employer.
Currently, there is not protection against that type of
discrimination in Alaska. He opined that the bill is not about
morality; it is strictly about not discriminating against
members of the community. The bill would also allow the state to
collect information and investigate discrimination.
1:57:00 PM
GLENN CRAVEZ, representing himself, Anchorage, Alaska, testified
in support of SB 131. He said he is a parent of one straight son
and one gay son. He wants both sons to be treated the same in
the eyes of the law, to have the same opportunities, and to be
judged on the quality of their work and the content of their
character. He referred his support for the Live, Work, Play
Initiative of the Anchorage Economic Development Corporation, as
well as the One Anchorage - One Economy Initiative, which he
helped establish with the Anchorage Chamber of Commerce. He said
SB 131 works hand in hand with the efforts of those business
organizations to strengthen the community and economy. Non-
discrimination will help grow the economy and attract new
businesses.
2:00:12 PM
MELANIE LINDHOLM, Graduate Student, University of Alaska,
Fairbanks, Fairbanks, Alaska, testified in support of SB 131.
She said she is a member of Gender and Sexuality Alliance and
Gender Pioneers. She wished to see equal rights in employment
and housing for everyone in the groups she represents.
2:01:15 PM
NICOLE CONDIFF, Member, Parents and Friends of Lesbians and
Gays, Fairbanks, Alaska, testified in support of SB 131. She
said many people other than LGBT individuals are affected by
discrimination, such as family and friends. She shared that she
has personally seen the effects of discrimination against
individuals and families, due to their sexual orientation, in
housing and employment matters. She addressed additional
stressors on community agencies and programs as a result of
discrimination.
2:02:28 PM
VICTORIA GREEN, representing herself, Anchorage, Alaska,
testified in support of SB 131. She shared her background as an
Alaska resident, federal government employee, U.S. veteran,
recently retired after 30 years in the Air Force and
International Guard, full-time student, parent of four children,
as well as a person in a committed relationship. She spoke of
her advocacy for foster and adopted children. She noted she and
her partner were nominated by Senator Lisa Murkowski in 2012 as
Angels in Adoption for their work with children in foster care
and for their role with adoption in Alaska. She said she is a
member of the PTA, of a local church, a property owner, and an
educator, and also a lesbian.
She stated that her designation as a lesbian is at stake today.
She said at stake are her freedom and her children's freedom to
live, work, and enjoy the liberties afforded every other citizen
in this country. She noted she is safe from discrimination as a
federal employee, but at the end of a work day, those rights
end. She stressed that the bill is a step in the right
direction. All Alaskans have the right to live safely, securely,
and without fear of discrimination based on who they love and
who they have chosen as their life partner.
2:05:25 PM
JOSH HEMSATH, Regional Development Organizer, Pride Foundation,
Eagle River, Alaska, testified in support of SB 131. He urged
the committee to add sexual orientation, gender identity and
expression to Alaska's Human Rights Act. He spoke of his role
with Pride Foundation in promoting equality for all. He said the
Pride Foundation will continue to work tirelessly with community
partners to ensure that all Alaskans are protected. He
maintained that equality is good for business and spoke of 88
percent of Fortune 500 companies' policies of prohibiting sexual
discrimination. He encouraged making Alaska welcoming to all
kinds of people in order to remain competitive. He pointed out
that the committee can help to create a safe and inclusive
environment for all Alaskans.
2:08:07 PM
FELIX RIVERA, representing himself, Anchorage, Alaska, testified
in support of SB 131. He called the bill common sense
legislation. He provided an example of a friend who was fired
for her lifestyle. He said this type of discrimination is a
detriment to business. He concluded that there is a need for SB
131 in communities.
2:09:52 PM
THEDA PITTMAN, representing herself, Anchorage, Alaska,
testified in support of SB 131. She said it is an easy bill to
understand and it adds to the list of "classes" against which it
is illegal to discriminate. She shared two events which
demonstrate the need for the legislation. The Anchorage Assembly
passed an anti-discrimination ordinance for private industry
which was vetoed by Mayor Sullivan. Yet, an administrative order
from 2002 provides protection against sexual orientation
discrimination for state employees, and in 2010 a University of
Alaska policy was amended to do the same. She urged the
committee to pass SB 131.
2:12:01 PM
SUSAN TOW, representing herself, Anchorage, Alaska, testified in
support of SB 131. She said she represents herself and all LGTB
community members who are threatened by discrimination. She
listed several incorrect statements made in the news regarding
LGTB individuals. Many families are afraid of losing jobs,
housing, and their livelihood. She shared her experience as a
retired disabled U.S. Air Force Master Sergeant and as a LGTB
individual. She said she now works for a company that values her
for herself. She concluded that during twenty-two years of
military service she had to hide her identity and her family.
The repeal of Don't Act/Don't Tell has corrected that situation.
She urged equality for all Alaskans and support for SB 131.
2:15:45 PM
DREW PHOENIX, representing himself, Anchorage, Alaska, testified
in support of SB 131. He explained that he is a transgender male
and he has experienced a history of discrimination. He shared a
personal story of his attempts to rent. When he explained that
he was transgender he was denied housing. Other LGBT Alaskans
have been discriminated against simply for being who they are.
He urged support for SB 131.
2:17:42 PM
JULIE SCHMIDT, representing herself, Eagle River, Alaska,
testified in support of SB 131. She shared that she is
representing herself and her wife, who have been married for 35
years, as well as friends and acquaintances. She said the bill
will have a tremendous positive impact on Alaskans. She provided
information about Article 3, civil rights under the Alaska State
Constitution. She stressed that it is time for the legislature
to guarantee that all Alaska citizens have equal rights and
correct the omission of LGBT individuals.
2:20:24 PM
GAYLE SCHUH, representing herself, Anchorage, Alaska, testified
in support of SB 131. She shared a personal story of
discrimination when disclosing who she is. Ten years ago she
said she had to make a decision before disclosing her identity.
She suggested that Alaska make a law that encourages respect for
everyone.
2:22:21 PM
CAMDEN YEHLE, representing herself, Alaskans Together for
Equality, Anchorage, Alaska, testified in support of SB 131. She
spoke of the positive consequences of the bill; keeping the best
and brightest in the state in order to prevent brain drain, and
maintaining a thriving and competitive state.
2:23:32 PM
DIANE MEAD, representing herself, Anchorage, Alaska, testified
in support of SB 131. She shared personal stories of
discrimination in renting and at a hospital as a transgender
individual. She said the bill is central to protecting people
from discrimination for perceived differences.
2:25:33 PM
MILDRED BOESSER, representing herself, Juneau, Alaska, testified
in support of SB 131. She shared her personal story as a parent
and as a Christian. She said she is saddened that a person can
be fired, evicted, and denied credit and financing because of
who they love. She said she could not imagine what it would be
like to keep secret her orientation out of fear of the
consequences if she "came out." She said at issue is the ability
to live "freely and openly, without abuse or harassment or
reprisal, as the person you really are."
2:28:12 PM
SENATOR ELLIS thanked Ms. Boesser for her years of bravery,
courage, and support for equality in Alaska.
2:28:47 PM
KIMBERLY HUBBARD, representing herself, Juneau, Alaska,
testified in support of SB 131. She spoke of her personal
experience of discrimination in the private sector and the
safety net as a state employment. She spoke of the anxiety,
stress, and fear she has experienced having to hide her identity
as a lesbian because there is no legal protection or recourse.
She said that Administrative Order 195 enacted 12 years ago
assuaged some of those concerns. She noted Governor Parnell said
that it is the continued goal of Alaska to choose respect. She
pointed out that SB 131 is a very clear opportunity to end
discrimination against LBGT.
2:30:26 PM
MARGUERITE LAURI, representing herself, Juneau, Alaska,
testified in support of SB 131. She said as state of Alaska
employees, she and her wife are fortunate to be protected under
former-Governor Tony Knowles' Administrative Order 195. She
urged the committee to advance equality in Alaska. All persons
have a natural right to life, liberty, the pursuit of happiness,
and the enjoyment of the rewards of their own industry. All
persons are entitled to equal rights, opportunities, and
protection under the law.
2:32:23 PM
TERRI LAUTERBACK, representing herself, Juneau, Alaska,
testified in support of SB 131. She shared her personal story as
a parent and as a state worker for 30 years. She spoke of how
she could not cover her and her partner's children with health
insurance benefits. She noted that she does not know the modern
arguments against a bill such as SB 131. She pointed out that
the Human Rights Act covers parenthood, marriage, and religion,
divorcees and unwed mothers. All should have fair opportunities
to have a job and a home and a loan from a bank.
She brought up the idea that some legislators fear constituents
may not be pleased with a vote in favor of SB 131. Those are the
constituents who will decide to discriminate or not over jobs
and housing of future generations. She emphasized that all
Alaskans must be judged fairly on qualifications and on merit.
She said SB 131 would be a great step in that direction.
2:35:57 PM
MARY GRAHAM, representing herself, Juneau, Alaska, testified in
support of SB 131. She said she has been testifying on this
issue since 1982 and it is time to pass the bill to bring Alaska
into the 21st Century. She said it would make Alaska a strong
place where people want to raise their families and where
businesses can attract the best and brightest people.
2:36:58 PM
JEFF ROGERS, representing himself, Juneau, Alaska, testified in
support of SB 131. He said he does not benefit from this
legislation because he is a state employee, nor does his partner
who is a small business owner. He shared his personal story and
he related it to discrimination legislators might see toward
their own family members. He shared his father's story about
earning a wage through a person's own efforts. He hoped the
committee would correct the situation where a person might be
fired from a job because of who he or she loved.
2:39:03 PM
JOHN ROXBURGH, representing himself, Juneau, Alaska, testified
in support of SB 131. He shared his personal story. He pointed
out the fragility in the lack of protection against
discrimination. He noted legal protections since the mid-60's
against discrimination for race and gender and said it is clear
that protection is needed for sexual orientation and gender
identity. He opined that SB 131 is riding the crest of the wave
of history.
2:41:34 PM
LAUREN TIBBITTS, representing herself, Juneau, Alaska, testified
in support of SB 131. She shared her personal story as a young
LGBT member of the Alaskan community. She said 100 years ago she
would have been denied opportunities because she is a woman.
Also, 75 years ago she could have been discriminated against
because she is Korean. Today, she can be discriminated against
for jobs, housing, and other things. She shared a personal story
from when she was 15. She said Alaska has been at the forefront
of civil rights; however, today there is still a need to end
discrimination of LGBT individuals. She said it is important
that SB 131 is passed because it provides a legal buffering from
people who don't agree.
2:45:53 PM
LIN DAVIS, representing herself, Juneau, Alaska, testified in
support of SB 131. She shared her personal story. She said she
worked at the Juneau Job Center for 15 years where she heard
many stories of LGBT discrimination, many of whom were preparing
to leave the state. She said Alaska is not yet a welcoming state
for LBGT and it communicates disfavor. She said many people
confided that they did not understand Alaska's civil rights
issues. Now, after the Windsor case, many Americans wish LGBT to
have the same rights. There is a hunger now in Alaska to make
things right and equal for the LGBT community.
She described three special information projects in the works.
One is a three-volume encyclopedia on the LGBT history in all
states. The second project is statewide Alaskan LGBT archiving
of personal records and journals. The third project is
historical research of the Juneau blue and pink tickets, one-way
tickets handed out in the 60's to those who were gay or deemed
to be gay. She concluded that now is the perfect time for SB 131
to go forward.
2:49:36 PM
MAUREEN LONGWORTH, M.D., representing herself, Juneau, Alaska,
testified in support of SB 131. She shared her life as a
physician. She said the American Academy of Family Physicians
agrees that legislation that furthers equality increases a
healthy environment and lessens disease. All Academies have
national guidelines to support equal rights to LGBT members. She
shared several personal stories of discrimination against LBGT
individuals. She asked the committee to be "pro-life" and pass
SB 131.
2:53:22 PM
MARY NANUWAK, representing herself, Anchorage, Alaska, testified
against SB 131. She voiced concern that Alaska Natives are not
getting services they deserve. She maintained that people in
rural areas are going to suffer if LBGT people receive services.
2:56:09 PM
JANET FORBES, representing herself, Juneau, Alaska, testified in
support of SB 131. She spoke of her career in the Criminal
Justice System and her wife's career in Child Services. She
shared that when her wife was diagnosed with stage 4 cancer, she
was denied Family Medical Leave Act (FMLA) and was fearful for
her job. She said she was not protected. She urged the committee
to pass the bill.
SENATOR ELLIS asked what FMLA stood for.
MS. FORBES said Family Medical Leave Act.
2:58:12 PM
CAREN ROBINSON, Lobbyist, Alaska Women's Lobby, Juneau, Alaska,
testified in support of SB 131. She shared a personal story of
her parents and their neighbors who were gay. She said she was
proud of her parents for becoming aware of how bad
discrimination is. She requested that the committee move the
bill.
3:00:32 PM
SENATOR GARDNER voiced appreciation for all of the moving
testimony.
3:01:07 PM
CHAIR STEDMAN held the SB 131 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0131A.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131Sponsor Statement.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Sectional Analysis.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| Business Coalition for Workplace Fairness Members _ Resources _ Human Rights Campaign.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| AK community survey.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 AK Human Rights Commission.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Gov fiscal note.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 States with NonDiscrimination.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Susan Tow testimony.docx |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB131 Media-Chamber Mag.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB131 Study-Utah Discrimination.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Letters of Support.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Warbelow Testimony.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 ACLU Testimony.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Green testimony.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Hemsath testimony.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 Pittman testimony.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |
| SB 131 AARP support.pdf |
SHSS 2/24/2014 1:30:00 PM |
SB 131 |