Legislature(2021 - 2022)BELTZ 105 (TSBldg)

02/28/2022 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 174 ALLOW NATURAL HAIRSTYLES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 190 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 193 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 185 ELIMINATE MINIMUM WAGE EXEMPTION TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                SB 174-ALLOW NATURAL HAIRSTYLES                                                                             
                                                                                                                                
1:33:03 PM                                                                                                                    
CHAIR COSTELLO announced the consideration of SENATE BILL NO.                                                                   
174 "An Act relating to dress codes and natural hairstyles."                                                                    
                                                                                                                                
1:33:34 PM                                                                                                                    
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska,                                                                 
sponsor of SB 174, introduced the legislation with a summary of                                                                 
the sponsor statement that read as follows:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Senate Bill  174 prohibits  schools and  employers from                                                                    
     adopting  dress   codes  which  disallow   students  or                                                                    
     employees from  wearing their  hair in styles  that are                                                                    
     commonly  associated  with  race,   are  a  natural  or                                                                    
     protective style,  or require a student  to permanently                                                                    
     or semi-permanently alter their natural hair.                                                                              
                                                                                                                                
     No  employee  or  student  should  be  prohibited  from                                                                    
     participating  in work  or  attending  a public  school                                                                    
     because they will not  alter their natural hair. People                                                                    
     of   color  and   ethnic   descent   are  deprived   of                                                                    
     educational  and work  opportunities  because they  are                                                                    
     adorned   with   natural  or   protective   hairstyles.                                                                    
     Workplace  dress   code  and  grooming   policies  that                                                                    
     prohibit   natural  hair,   including  afros,   braids,                                                                    
     twists, and  locks, have  a disparate impact  on people                                                                    
     of color;  these polices are  more likely to  burden or                                                                    
     punish them.  People of color, especially  Black women,                                                                    
     are  targeted   disproportionately  by   workplace  and                                                                    
     school dress codes.                                                                                                        
                                                                                                                                
     People  choose to  wear their  hair  as they  do for  a                                                                    
     variety  of  intertwined   reason,  including  cultural                                                                    
     connectedness   and  tradition,   protection  of   hair                                                                    
     texture and growth, or  simply preference. Whatever the                                                                    
     reason,  hairstyles have  absolutely no  correlation to                                                                    
     professionalism or work performance.                                                                                       
                                                                                                                                
     Senate   Bill   174    defines   what   standards   are                                                                    
     unacceptable  for  school  districts and  employers  to                                                                    
     place on  hair. This  legislation still allows  for the                                                                    
     restriction of  hairstyles based  on health  and safety                                                                    
     laws and regulation. Thank  you for your consideration.                                                                    
     I   respectfully  ask   for   your   support  of   this                                                                    
     legislation.                                                                                                               
                                                                                                                                
SENATOR WILSON noted  a question from the  previous committee and                                                               
explained that the bill does  not change any workplace standards.                                                               
It simply prohibits  discrimination based on a  person's style of                                                               
hair.  He  deferred  to  his   staff  to  provide  the  sectional                                                               
analysis.                                                                                                                       
                                                                                                                                
1:34:44 PM                                                                                                                    
JASMINE  MARTIN,  Staff,  Senator   David  Wilson,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for SB 174:                                                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Section  1:  Adds  a new  section  (.135.  Dress  code;                                                                  
     natural hairstyles)  to AS 14.03 (Title  14. Education,                                                                  
     Libraries, and Museums, 03. Public Schools Generally)                                                                    
     This section disallows a  school district from adopting                                                                    
     a  school  dress code  that  prohibits  a student  from                                                                    
     wearing a  hairstyle that  is commonly  or historically                                                                    
     associated  with  race,  wearing  a  natural  hairstyle                                                                    
     regardless of  the student's hair  texture or  type, or                                                                    
     that  requires  a  student   to  permanently  or  semi-                                                                    
     permanently alter their natural hair.                                                                                      
                                                                                                                                
     This bill makes an  exception to allow school districts                                                                    
     to restrict  hairstyles in any way  necessary to comply                                                                    
     with health or safety laws.                                                                                                
                                                                                                                                
     Section  2:  Adds  a new  section  (.450.  Dress  code;                                                                
     natural hairstyles)  to AS 23.10  (Title 23.  Labor and                                                                  
     Workers  Compensation  10.   Employment  Practices  and                                                                  
     Working Conditions)                                                                                                      
     This  section  is identical  to  section  1, except  it                                                                    
     deals  with  an   employee  and  employer  relationship                                                                    
     rather than school and students.                                                                                           
                                                                                                                                
1:35:42 PM                                                                                                                    
SENATOR REVAK joined the committee.                                                                                             
                                                                                                                                
SENATOR  STEVENS said  he liked  the bill  and then  commented on                                                               
pant fashions.                                                                                                                  
                                                                                                                                
SENATOR WILSON  noted that the bill  had nothing to do  with pant                                                               
fashions and agreed that some were foolish.                                                                                     
                                                                                                                                
1:36:41 PM                                                                                                                    
CHAIR COSTELLO asked for the genesis of the bill.                                                                               
                                                                                                                                
SENATOR WILSON  explained that it  addresses one of  the unspoken                                                               
issues  that people  of  color  have had  to  endure in  silence.                                                               
Policies and dress codes  have been established that discriminate                                                               
against natural  hairstyles. He noted  that 14 states  had passed                                                               
similar  legislation outlawing  this sort  of discrimination.  He                                                               
related that  his office had heard  from a broad range  of people                                                               
affected by  such discriminatory  policies. He cited  examples of                                                               
parents  being told  they  should straighten  the  hair of  their                                                               
children  of  color  because   it  looked  "nappy,"  unkempt,  or                                                               
unclean. He suggested that  the invited testifiers could probably                                                               
provide real life examples.                                                                                                     
                                                                                                                                
CHAIR  COSTELLO referenced  the language  on page  1, lines  9-10                                                               
that outlines  the definition  of "natural hairstyle."  She asked                                                               
how  that   definition  came   about  and  whether   it  included                                                               
everything that might need to be included.                                                                                      
                                                                                                                                
SENATOR  WILSON  replied  the   language  does  not  include  all                                                               
examples,  although the  definition was  amended in  the previous                                                               
committee  to  include  additional  examples  from  the  Colorado                                                               
legislation.                                                                                                                    
                                                                                                                                
1:39:17 PM                                                                                                                    
MS. MARTIN highlighted  that the bill includes  examples but they                                                               
are not all-inclusive.                                                                                                          
                                                                                                                                
1:39:37 PM                                                                                                                    
CHAIR COSTELLO turned to invited testimony.                                                                                     
                                                                                                                                
1:39:51 PM                                                                                                                    
ROSALYN WYCHE, representing self,  Anchorage, Alaska, stated that                                                               
she has  been doing  hair professionally since  1980. She  owns a                                                               
salon  and beauty  school.  "Teaching  is my  passion  and in  my                                                               
blood," she said.  She related that a number  of her clients have                                                               
adopted  children of  color and  have asked  for help  with their                                                               
kids hair because they didn't know how to style it.                                                                             
                                                                                                                                
MS. WYCHE  recounted that authority figures  in Anchorage schools                                                               
told  her  sons  that  corn  rows  were not  the  right  fit  for                                                               
participation on  some teams and  they needed to cut  it, whereas                                                               
the  boy with  a  mullet  hair cut  wasnt   questioned. When  her                                                               
daughters  wore corn  rows  they  were told  their  hair was  not                                                               
girly. She also  recalled the time that her  daughter wore a pink                                                               
bandana  on a  "bad hair  day"  and was  told to  remove it.  She                                                               
complied and  then was told to  call her mother to  take her home                                                               
because her  hair was  unacceptable. Ms.  Wyche related  that she                                                               
was  talking  to  the  counselor about  the  situation  when  she                                                               
noticed three boys wearing cowboy  hats and trench coats walk by.                                                               
When she noted the discriminatory  irony, he shrugged and said he                                                               
didn't make the rules.                                                                                                          
                                                                                                                                
MS. WYCHE  said that  sort of  discrimination continues  into the                                                               
third  generation in  some Anchorage  schools. Just  recently her                                                               
granddaughter was  told she could  not wear anything on  her head                                                               
unless  it  had  a  religious   affiliation.  She  said  this  is                                                               
upsetting  because it  is a  double standard.  She stressed  that                                                               
there  should  not  be   blanket  prohibitions  against  cultural                                                               
hairstyles. She  expressed her extreme appreciation  that Senator                                                               
Wilson introduced the  bill that will help  to end discrimination                                                               
based  on natural  hair  styles. She  concluded  her comments  by                                                               
relaying the  story of a  parent calling  to thank a  teacher for                                                               
telling  her  daughter  that  her   short  very  curly  hair  was                                                               
beautiful.                                                                                                                      
                                                                                                                                
SENATOR REVAK said  he did not want to hinder  efforts to prevent                                                               
gang  activity, but  he would  like more  information on  current                                                               
dress  codes   in  Anchorage  schools  regarding   headdress  and                                                               
bandanas.                                                                                                                       
                                                                                                                                
1:46:45 PM                                                                                                                    
MS. MARTIN explained that every  school in the state adopts dress                                                               
codes that are unique to  the school. Many reference bandanas and                                                               
some specifically mention  the colors red or blue,  but not pink.                                                               
She said  she did  not believe  the bill  would prevent  a school                                                               
from  prohibiting certain  colors from  being worn,  but it  does                                                               
prevent a blanket prohibition against wearing a head wrap.                                                                      
                                                                                                                                
SENATOR  REVAK said  that helps.  He reiterated  that he  did not                                                               
want  to  hinder  schools  from  protecting  students  from  gang                                                               
activity.                                                                                                                       
                                                                                                                                
CHAIR COSTELLO  said the committee could  invite school officials                                                               
to testify if the members were interested in that.                                                                              
                                                                                                                                
1:47:59 PM                                                                                                                    
ALYSSA  QUINTYNE,  Interior  Community  Organizing  Manager,  The                                                               
Alaska  Center,  Fairbanks, Alaska  shared  that  because of  her                                                               
natural hair  style she has  been harassed, teased, had  her hair                                                               
pulled,  burned and  cut.  She  has also  been  the recipient  of                                                               
inappropriate  questions and  comments  from students,  teachers,                                                               
coworkers,  supervisors, and  employers. It  is what  the sponsor                                                               
said, we  suffer in silence  because there  is nobody to  talk to                                                               
about this inappropriate behavior, she said.                                                                                    
                                                                                                                                
MS.  QUINTYNE  related  that  The   Alaska  Center  is  the  only                                                               
workplace where  she has not experienced  hair discrimination. By                                                               
contrast,  two places  in the  Interior instituted  policies that                                                               
banned  her   hairstyles  after  she  started   to  work.  Things                                                               
typically  started with  inappropriate  and uninformed  questions                                                               
from coworkers  about the  hair of  people of  color. Supervisors                                                               
followed  up  with  the  same  type  of  questions  and  she  was                                                               
eventually pulled into  the office where people  tried to measure                                                               
her  braids  or   touch  her  hair.  As   things  escalated,  she                                                               
maintained the attitude that  this was inappropriate behavior and                                                               
that she  would continue  to wear  her natural  hairstyles unless                                                               
corporate had a  policy against it. In another  work place, human                                                               
resources got  involved and wrote  a policy that required  her to                                                               
straighten her hair or leave.                                                                                                   
                                                                                                                                
MS. QUINTYNE stated that when  she was on the diversity committee                                                               
for  the  Fairbanks  North  Star  Borough  School  District,  she                                                               
specifically  worked  to rephrase  parts  of  the dress  code  to                                                               
clarify  that  associating  what  students wear  on  their  head,                                                               
including a bonnet, durag, head  scarf, or head wrap, has nothing                                                               
to   do   with  gang   activity.   Rather,   it  demonstrates   a                                                               
misunderstanding  of gangs  in  this country  and it  stereotypes                                                               
children of color.                                                                                                              
                                                                                                                                
MS.  QUINTYNE concluded  her testimony  stating that  dress codes                                                               
and  safety protocols  exist for  a reason  and Black  people and                                                               
people of color  have never had an issue  complying. The issue is                                                               
when employers  make assumptions  about employees of  color based                                                               
on stereotypes and  discern hostility, gang activity,  and a lack                                                               
of professionalism.  SB 174 protects  people of color  from these                                                               
microaggressions.                                                                                                               
                                                                                                                                
1:56:31 PM                                                                                                                    
CHAIR  COSTELLO thanked  her for  the heartfelt  and illuminating                                                               
testimony.                                                                                                                      
                                                                                                                                
SENATOR REVAK expressed appreciation for the testimony.                                                                         
                                                                                                                                
1:57:34 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on SB 174.                                                                               
                                                                                                                                
1:57:49 PM                                                                                                                    
HANNAH FLOR,  representing self, Petersburg, Alaska,  stated that                                                               
she is  White and  the adoptive mother  of a Black  preschool age                                                               
daughter. She absolutely  wants her daughter to  have the freedom                                                               
to  wear her  hair  in whatever  way  makes her  feel good  about                                                               
herself, just like her White  classmates. Speaking to the utility                                                               
of natural  hairstyles, she admitted  she initially did  not know                                                               
how  to care  for her  daughter's  hair or  understand how  Black                                                               
hairstyles protect the  hair. Ms. Flor said her  efforts to learn                                                               
about  Black hairstyles  helped  forge  a better  mother-daughter                                                               
bond and helped her daughter feel better about herself.                                                                         
                                                                                                                                
2:00:11 PM                                                                                                                    
CHAIR COSTELLO discerned  that nobody else wished  to comment and                                                               
closed public testimony on SB 174.                                                                                              
                                                                                                                                
She held SB 174 in committee for further consideration.                                                                         

Document Name Date/Time Subjects
SB 174 Sectional Analysis v. W 2.28.2022.pdf SL&C 2/28/2022 1:30:00 PM
SB 174
SB 174 Support Letters Received as of 2.27.22.pdf HL&C 4/11/2022 3:15:00 PM
SL&C 2/28/2022 1:30:00 PM
SB 174
SB 174 Testimony to (S)EDU Follow-Up Letter 2.16.22.pdf SL&C 2/28/2022 1:30:00 PM
SB 174
SB 190 v. A Sponsor Statement.pdf SL&C 2/28/2022 1:30:00 PM
SB 190
SB 190 v. A Sectional Analysis.pdf SL&C 2/28/2022 1:30:00 PM
SB 190
SB 190 Fiscal Note 2417 - DCCED.pdf SL&C 2/28/2022 1:30:00 PM
SB 190
SB 190 Support Document- Legislative Audit RCA Sunset Review 9.21.21.pdf SL&C 2/28/2022 1:30:00 PM
SB 190
SB 193 Sponsor Statement.pdf SL&C 2/28/2022 1:30:00 PM
SB 193
SB 193 Fiscal Note 2360 - DCCED.pdf SL&C 2/28/2022 1:30:00 PM
SB 193
SB 193 Supporting Document - Audit Summary.pdf SL&C 2/28/2022 1:30:00 PM
SB 193
SB 193 Supporting Document - Full Audit.pdf SL&C 2/28/2022 1:30:00 PM
SB 193
SB 185 Sponsor Statement.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Sectional Analysis.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Fiscal Note 345 - DOLWD.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - APSE.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - Think Work.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - AS 23.10.070 and Conflicts.pdf SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - GCDSE 2022 Talking Points.pdf HL&C 4/25/2022 3:15:00 PM
SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - DOLWD Press Release.pdf HL&C 4/25/2022 3:15:00 PM
SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Supporting Document - GCDSE Subminimum Wage One Pager.pdf HL&C 4/25/2022 3:15:00 PM
SL&C 2/28/2022 1:30:00 PM
SB 185
SB 185 Letters of Support Received as of 2.25.22.pdf SL&C 2/28/2022 1:30:00 PM
SB 185