Legislature(2017 - 2018)GRUENBERG 120

03/30/2018 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:45 pm --
+= SB 93 CREDIT REPORT SECURITY FREEZE TELECONFERENCED
Moved HCS SB 93(JUD) Out of Committee
+ HB 184 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT. TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 355 FIRE;FOREST LAND; CRIMES;FIRE PREVENTION TELECONFERENCED
<Bill Hearing Canceled>
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 30, 2018                                                                                         
                           2:48 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Jonathan Kreiss-Tomkins, Vice Chair                                                                              
Representative Louise Stutes                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chuck Kopp                                                                                                       
Representative Lora Reinbold                                                                                                    
Representative Charisse Millett (alternate)                                                                                     
Representative Tiffany Zulkosky (alternate)                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 93                                                                                                              
"An Act relating to security freezes on the credit reports or                                                                   
records of incapacitated persons and certain minors."                                                                           
                                                                                                                                
     - MOVED HCS SB 93(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE BILL NO. 184                                                                                                              
"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."                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 355                                                                                                              
"An Act  relating to the  crime of criminally  negligent burning;                                                               
relating to protection  of and fire management  on forested land;                                                               
relating to prohibited acts and  penalties for prohibited acts on                                                               
forested land; and providing for an effective date."                                                                            
                                                                                                                                
     - HEARING CANCELED                                                                                                         
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  93                                                                                                                  
SHORT TITLE: CREDIT REPORT SECURITY FREEZE                                                                                      
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
03/13/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/13/17       (S)       L&C                                                                                                    
03/28/17       (S)       L&C AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
03/28/17       (S)       Bill Postponed to 1:30 p.m. 3/28/17                                                                    
03/28/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/17       (S)       Heard & Held                                                                                           
03/28/17       (S)       MINUTE(L&C)                                                                                            
04/04/17       (S)       L&C RPT  5DP                                                                                           
04/04/17       (S)       DP: COSTELLO, HUGHES, STEVENS, MEYER,                                                                  
                         GARDNER                                                                                                
04/04/17       (S)       L&C AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/04/17       (S)       Moved  SB 93 Out of Committee                                                                          
04/04/17       (S)       MINUTE(L&C)                                                                                            
04/10/17       (S)       TRANSMITTED TO (H)                                                                                     
04/10/17       (S)       VERSION: SB  93                                                                                        
04/11/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/17       (H)       L&C                                                                                                    
04/17/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/17/17       (H)       Heard & Held                                                                                           
04/17/17       (H)       MINUTE(L&C)                                                                                            
01/19/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
01/19/18       (H)       Moved SB 93 Out of Committee                                                                           
01/19/18       (H)       MINUTE(L&C)                                                                                            
01/22/18       (H)       L&C RPT 6DP 1NR                                                                                        
01/22/18       (H)       DP: SULLIVAN-LEONARD, STUTES, WOOL,                                                                    
                         BIRCH, KNOPP, KITO                                                                                     
01/22/18       (H)       NR: JOSEPHSON                                                                                          
03/19/18       (H)       JUD REFERRAL ADDED AFTER RLS                                                                           
03/28/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/28/18       (H)       Heard & Held                                                                                           
03/28/18       (H)       MINUTE(JUD)                                                                                            
03/30/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 184                                                                                                                  
SHORT TITLE: DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.                                                                          
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
03/17/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/17       (H)       STA, JUD                                                                                               
05/04/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/04/17       (H)       Heard & Held                                                                                           
05/04/17       (H)       MINUTE(STA)                                                                                            
02/27/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
02/27/18       (H)       Heard & Held                                                                                           
02/27/18       (H)       MINUTE(STA)                                                                                            
03/06/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
03/06/18       (H)       Moved HB 184 Out of Committee                                                                          
03/06/18       (H)       MINUTE(STA)                                                                                            
03/07/18       (H)       STA RPT 3DP 1DNP 2NR                                                                                   
03/07/18       (H)       DP: TUCK, WOOL, KREISS-TOMKINS                                                                         
03/07/18       (H)       DNP: JOHNSON                                                                                           
03/07/18       (H)       NR: BIRCH, KNOPP                                                                                       
03/08/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
03/08/18       (H)       <Bill Hearing Canceled>                                                                                
03/30/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SARAH PERMAN, Staff                                                                                                             
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of SB 93, presented                                                                   
Amendment 1 to the legislation.                                                                                                 
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of SB 93, answered a                                                                  
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ANDY JOSEPHSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 185, presented the                                                              
legislation as prime sponsor.                                                                                                   
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the  hearing of HB 184,  presented a                                                             
sectional  analysis,  and  a  PowerPoint  titled,  HB  184:  Non-                                                               
Discrimination Based on Sexual  Orientation, Gender, Identity, or                                                               
Expression.                                                                                                                     
                                                                                                                                
JENNIFER SMITH                                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 184, testified in                                                               
support of the legislation.                                                                                                     
                                                                                                                                
JAN CAULFIELD                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
BRENDA BOWERS                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 184, testified.                                                                 
                                                                                                                                
LIN DAVIS                                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
ALYSON CURREY, Legislative Liaison                                                                                              
Planned Parenthood Votes, Alaska                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
MINDY O'NEAL                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
MELANIE LINDHOLM                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
REVEREND LESLIE AHUVAH FAILS                                                                                                    
Unitarian Universalist Fellowship of Fairbanks                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
REBECCA DUNNE                                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
ALYSSA QUINPYNE                                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
CHRIS EICHENLAUB                                                                                                                
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
opposition to the legislation.                                                                                                  
                                                                                                                                
MIKE COONS                                                                                                                      
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
opposition to the legislation.                                                                                                  
                                                                                                                                
SERENE ROSE OHARA-JOLLEY                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
MAUREEN LONGWORTH, M.D.                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
STEVE KOTEFF, Attorney                                                                                                          
Alaska State Commission for Human Rights                                                                                        
Office of the Governor                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified on                                                             
behalf  of the  Alaska  State Commission  for  Human Rights,  and                                                               
answered questions.                                                                                                             
                                                                                                                                
CAITLYN SHORTELL, Attorney                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  184, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:48:39 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to order  at 2:48  p.m. Representatives  Claman, Stutes,                                                               
LeDoux,  and  Eastman   were  present  at  the   call  to  order.                                                               
Representative  Kreiss-Tomkins  arrived  as the  meeting  was  in                                                               
progress.                                                                                                                       
                                                                                                                                
               SB  93-CREDIT REPORT SECURITY FREEZE                                                                         
                                                                                                                                
2:49:10 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
SENATE BILL NO.  93, "An Act relating to security  freezes on the                                                               
credit reports  or records of  incapacitated persons  and certain                                                               
minors."                                                                                                                        
                                                                                                                                
2:50:09 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN moved to adopt Amendment 1, labeled 30-LS0265\O.2,                                                                 
Banister, 3/13/18, which read as follows:                                                                                       
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to the fees that may be charged                                                                    
     by a consumer credit  reporting agency; relating to the                                                                  
     placement  of security  freezes on  credit reports  and                                                                  
     credit scores; and"                                                                                                    
                                                                                                                              
     Page 1, following line 3:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 45.48.160(a) is amended to read:                                                                     
          (a)  Except as provided by [(b),] (c) [, OR (d)]                                                                      
     of  this section,  a consumer  credit reporting  agency                                                                    
     may  not  charge  a  consumer  to  place  or  remove  a                                                                    
     security freeze, to  provide access under AS 45.48.130,                                                                    
     or to take any other  action, including the issuance of                                                                    
     a personal identification  number, password, or similar                                                                    
     device  under  AS 45.48.120,  that is  related  to  the                                                                    
     placement  of,  removal of,  or  allowing  access to  a                                                                    
     credit  report  or credit  score  on  which a  security                                                                    
     freeze has been placed.                                                                                                    
        * Sec. 2. AS 45.48.160(e) is amended to read:                                                                         
          (e)  A consumer credit reporting agency may not                                                                       
     charge  a consumer  a fee  under [(b)  OR] (c)  of this                                                                    
     section if the  consumer has been a  victim of identity                                                                    
     theft  and  provides   the  consumer  credit  reporting                                                                    
     agency with  a complaint filed  by the consumer  with a                                                                    
     law enforcement agency.                                                                                                    
        * Sec. 3. AS 45.48.170 is amended to read:                                                                            
          Sec. 45.48.170. Notice of rights. When a consumer                                                                   
     credit reporting agency is required  to give a consumer                                                                    
     a summary of rights under  15 U.S.C. 1681g (Fair Credit                                                                    
     Reporting  Act),  a  consumer credit  reporting  agency                                                                    
     shall also give the consumer the following notice:                                                                         
             Consumers Have the Right to Obtain a Security                                                                    
                             Freeze                                                                                           
          You may obtain a security freeze on your credit                                                                       
     report  and credit  score without  charge  [FOR $5]  to                                                                
     protect  your privacy  and ensure  that  credit is  not                                                                    
     granted in  your name without your  knowledge. [YOU MAY                                                                    
     NOT HAVE  TO PAY THE $5  CHARGE IF YOU ARE  A VICTIM OF                                                                    
     IDENTITY THEFT.] You  have a right to  place a security                                                                    
     freeze  on your  credit report  and credit  score under                                                                    
     state law (AS 45.48.100 - 45.48.290).                                                                                    
          The security freeze will prohibit a consumer                                                                          
     credit  reporting  agency  from releasing  your  credit                                                                    
     score  and  any  information   in  your  credit  report                                                                    
     without your express authorization or approval.                                                                            
          The security freeze is designed to prevent                                                                            
     credit, loans,  and other services from  being approved                                                                    
     in your name without  your consent. However, you should                                                                    
     be aware that  using a security freeze  to take control                                                                    
     over  who gets  access  to the  personal and  financial                                                                    
     information in your credit report  and credit score may                                                                    
     delay, interfere with, or  prohibit the timely approval                                                                    
     of  any  subsequent  request or  application  you  make                                                                    
     regarding   a  new   loan,   credit,   a  mortgage,   a                                                                    
     governmental   service,  a   governmental  payment,   a                                                                    
     cellular telephone, a utility,  an Internet credit card                                                                    
     application, an  extension of credit at  point of sale,                                                                    
     and other items and services.                                                                                              
          When you place a security freeze on your credit                                                                       
     report and  credit score, within 10  business days, you                                                                    
     will  be  provided  a personal  identification  number,                                                                    
     password, or  similar device  to use  if you  choose to                                                                    
     remove  the freeze  on your  credit  report and  credit                                                                    
     score or  to temporarily authorize the  release of your                                                                    
     credit  report and  credit score  to  a specific  third                                                                    
     party  or  specific third  parties  or  for a  specific                                                                    
     period  of  time  after  the freeze  is  in  place.  To                                                                    
     provide  that  authorization,   you  must  contact  the                                                                    
     consumer  credit reporting  agency and  provide all  of                                                                    
     the following:                                                                                                             
               (1)  proper identification to verify your                                                                        
     identity;                                                                                                                  
               (2)  the personal identification number,                                                                         
     password, or  similar device  provided by  the consumer                                                                    
     credit reporting agency;                                                                                                   
               (3)  proper information necessary to                                                                             
     identify  the  third party  or  third  parties who  are                                                                    
     authorized  to receive  the  credit  report and  credit                                                                    
     score  or the  specific period  of time  for which  the                                                                    
     credit report and  credit score are to  be available to                                                                    
     third parties.                                                                                                             
          A consumer credit reporting agency that receives                                                                      
     your request to  temporarily lift a freeze  on a credit                                                                    
     report and credit score is  required to comply with the                                                                    
     request   within  15   minutes,  except   after  normal                                                                    
     business  hours  and  under certain  other  conditions,                                                                    
     after receiving  your request if  you make  the request                                                                    
     by  telephone, or  an electronic  method if  the agency                                                                    
     provides   an  electronic   method,  or   within  three                                                                    
     business days after receiving your  request if you make                                                                    
     the  request by  mail.  The  consumer credit  reporting                                                                    
     agency  may  charge  you $2  to  temporarily  lift  the                                                                    
     freeze. You  may not have to  pay the $2 charge  if you                                                                
     are a victim of identity theft.                                                                                        
          A security freeze does not apply to circumstances                                                                     
     where you  have an existing account  relationship and a                                                                    
     copy  of  your  credit  report  and  credit  score  are                                                                    
     requested by  your existing creditor  or its  agents or                                                                    
     affiliates  for   certain  types  of   account  review,                                                                    
     collection, fraud control, or similar activities.                                                                          
          If you are actively seeking credit, you should                                                                        
     understand that  the procedures  involved in  lifting a                                                                    
     security  freeze may  slow  your  own applications  for                                                                    
     credit.  You  should  plan ahead  and  lift  a  freeze,                                                                    
     either  completely  if  you  are  shopping  around,  or                                                                    
     specifically  for  a   certain  creditor,  days  before                                                                    
     applying for new credit.                                                                                                   
          You have a right to bring a civil action against                                                                      
     someone who  violates your rights  under these  laws on                                                                    
     security freezes.  The action can be  brought against a                                                                    
     consumer credit reporting agency."                                                                                         
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 4"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, following line 28:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "*  Sec.  6.  AS 45.48.160(b) and  45.48.160(d)  are                                                                
     repealed."                                                                                                                 
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS   objected    for   purposes   of                                                               
discussion.                                                                                                                     
                                                                                                                                
2:50:23 PM                                                                                                                    
                                                                                                                                
SARAH  PERMAN, Staff,  Representative Matt  Claman, Alaska  State                                                               
Legislature, explained that earlier  this month the United States                                                               
Senate  passed  S.2155  [of  the  115th  Congress,  the  Economic                                                               
Growth,  Regulatory Relief,  and Consumer  Protection Act]  which                                                               
included  language  eliminating  consumer  fees  for  placing  or                                                               
removing credit freezes.  The  change came after the Equifax data                                                               
breach that is projected to  have compromised the personal credit                                                               
of more than 145 million  consumers.  Amendment 1, she explained,                                                               
updates Alaska  Statutes to remove  credit freeze  fees entirely.                                                               
Under  current Alaska  law, only  victims of  identity theft  are                                                               
exempted  from paying  these  fees,  which range  from  $2 to  $5                                                               
depending upon whether  the fees are for placement  or removal of                                                               
a freeze, and  Amendment 1 allows that all  consumers may request                                                               
placement or  removal of  a freeze without  charge.   She advised                                                               
that  Alaska would  be the  ninth state  to eliminate  these fees                                                               
behind the  States of Maine,  Indiana, North and  South Carolina,                                                               
Maryland,  New York,  Colorado, New  Jersey, and  Washington D.C.                                                               
Clearly,  she said,  consumers never  request credit  agencies to                                                               
collect their  personal data, thereby  making it  an unreasonable                                                               
burden  for   consumers  to   have  to   pay  to   protect  their                                                               
information, she  said.   This amendment does  not impact  the $5                                                               
fee contained  within SB 93, for  creating a credit report  for a                                                               
minor or  an incapacitated person,  it solely eliminates  the fee                                                               
for placing or removing a freeze.                                                                                               
                                                                                                                                
2:51:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  the  bill  sponsor's  opinion  of                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
2:52:17 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, advised that Chair  Claman had discussed Amendment 1                                                               
with Senator Coghill, and he is in agreement.                                                                                   
                                                                                                                                
2:52:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  withdrew  his objection.    There                                                               
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
2:52:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS moved to  report SB 93, labeled 30-                                                               
LS0265\O.2,  as   amended,  out  of  committee   with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSSB  93(JUD) was moved out of  the House Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
2:53:15 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:53 p.m. to 2:55 p.m.                                                                       
                                                                                                                                
                                                                                                                                
        HB 184-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.                                                                    
                                                                                                                                
2:55:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 184, "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."                                                                                                        
                                                                                                                                
2:56:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDY JOSEPHSON,  Alaska State Legislature, advised                                                               
that  one   remaining  segment  of  society   suffers  from  some                                                               
discrimination in the State of Alaska.   He clarified that he was                                                               
not  implying  that  there  are  not  ongoing  issues  in  Alaska                                                               
involving  race, gender,  and national  origin, that  require the                                                               
state's focus and intention.  He  then pointed to the one segment                                                               
of  society  [the  Lesbian, Gay,  Bisexual,  Transgender,  Queer]                                                               
(LGBTQ) community  for which discrimination is  lawful in Alaska,                                                               
with the exception of Juneau and  Anchorage.  He offered that the                                                               
issue   of  whether   the  Anchorage   ordinance  regarding   the                                                               
prohibition  of  discrimination   based  on  sexual  orientation,                                                               
gender identity or  expression, will survive a  challenge will be                                                               
decided via  this upcoming election.   Currently, other  than the                                                               
municipalities of Juneau  and Anchorage, he explained  that it is                                                               
fully lawful  to allow  discrimination for  public accommodations                                                               
from  lenders, landlords,  subdivisions of  the state,  and local                                                               
governments.   Although, he said,  there is a  possible exception                                                               
under Price  Waterhouse [v.  Hopkins, 490  U.S. 228  (1989)], and                                                             
"sexual  stereotyping."   He advised  that  the Equal  Employment                                                               
Opportunity Commission (EEOC)  has used that case  and infused it                                                               
with more meaning so in  cases of employment discrimination under                                                               
federal law, there  can sometime be some protection.   The Alaska                                                               
Department of Law (DOL) informed  the Alaska State Commission for                                                               
Human  Rights  that this  statute  is  the remedy  necessary  for                                                               
Alaska's LGBTQ  community to  fully engage  in every  respect and                                                               
receive  the same  economic  benefits as  others  in society,  he                                                               
advised.  Representative Josephson  described the current process                                                               
regarding a violation, as follows:  a complaint is filed with the                                                               
Alaska  State Commission  for  Human Rights;  there  would be  an                                                               
effort  to   mediate  that  complaint;   failing  that,   at  the                                                               
commission's  discretion, there  could be  an investigation  into                                                               
the  complaint; depending  on the  results of  that investigation                                                               
and whether any compromise could  be reached, the complaint would                                                               
move to the commission; and  from there, potentially, move to the                                                               
superior court, and the Alaska  Supreme Court.  Fundamentally, he                                                               
related,  this  is a  moral  issue  and  this legislation  is  an                                                               
opportunity  to  offer  further  justice  and  make  history,  he                                                               
remarked.                                                                                                                       
                                                                                                                                
3:01:04 PM                                                                                                                    
                                                                                                                                
MEGAN  HOLLAND,  Staff,  Representative  Andy  Josephson,  Alaska                                                               
State  Legislature, turned  to  the  PowerPoint presentation  "HB                                                               
184:  Non-Discrimination  Based  on  Sexual  Orientation,  Gender                                                               
Identity or  Expression" slide 3,  and advised  that historically                                                               
speaking, Alaska has  been a pioneer state in  the advancement of                                                               
civil rights protections.   She advised that  the original Alaska                                                               
civil rights law [championed by  Elizabeth Peratrovich and signed                                                               
into  law  by Governor  Ernest  Gruening  on February  6,  1945],                                                               
became  state law  20  years  prior to  the  United States  Civil                                                               
Rights  Act of  1964, enacted  on July  2, 1964.   The  protected                                                               
classes  that   exist  within  current  statute   include:  race,                                                               
religion,   color,   national   ancestry,  physical   or   mental                                                               
disability, age, sex, marital status,  changes in marital status,                                                               
pregnancy,  and parenthood.    This  legislation, she  explained,                                                               
adds  an additional  protected class  of  sexual orientation,  or                                                               
gender identity or  expression, and based on  current Alaska law,                                                               
this class  suffers discrimination  as to employment,  credit and                                                               
financing, public  accommodations, and sale, lease,  or rental of                                                               
property.   She stressed  that this  legislation does  not create                                                               
any  new rights  or privileges  that do  not exist  under current                                                               
statute, it merely  creates a new protected class  to be included                                                               
under the existing civil rights protections under state law.                                                                    
                                                                                                                                
3:02:55 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND  turned  to  slide 4,  "Alaska  State  Human  Rights                                                               
Commission (ASHRC) Resolution &  Recent Action," and advised that                                                               
the ASHRC does  not currently process complaints on  the basis of                                                               
sexual  orientation, gender  identity or  expression.   She noted                                                               
that the  commission had advised  that people do call  with these                                                               
complaints and are  turned away because the  Alaska Supreme Court                                                               
determined  that  sex  discrimination  is  not  based  on  sexual                                                               
orientation,  gender  identity  or   expression.    However,  she                                                               
pointed out, that decision does  not coincide with how the United                                                               
States Supreme  Court and other  federal courts have  defined sex                                                               
discrimination.   A significant  amount of caselaw  has developed                                                               
over  the past  few years  that  changed this  definition of  sex                                                               
discrimination to be inclusive of  discrimination based on sexual                                                               
orientation,  or gender  identity  or expression  given that  the                                                               
discrimination based  on these  factors is  inherently sex-based.                                                               
The  Alaska  Supreme   Court  offered  a  ruling   that  did  not                                                               
necessarily  matchup with  the above  definition,  and the  Equal                                                               
Employment Opportunity Commission's  (EEOC) interpretation of sex                                                               
discrimination came from  that developing caselaw.   In 2016, the                                                               
Alaska  State Commission  for Human  Rights  passed a  resolution                                                               
urging the state legislature to  pass legislation identical to HB                                                               
184.   The commission also  worked with the Alaska  Department of                                                               
Law (DOL) to remediate this  issue through the regulatory process                                                               
and expand its  definition of sex discrimination.   That language                                                               
was  developed last  year and  after  meeting with  the DOL,  the                                                               
commission  decided this  issue would  best be  addressed through                                                               
legislation  rather  than  through the  regulatory  process,  she                                                               
said.                                                                                                                           
                                                                                                                                
3:05:32 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND turned to slide  5, "LGBTQ Discrimination in Alaska,"                                                               
and advised that the  state does not have a lot  of data on LGBTQ                                                               
discrimination  because  most of  the  data  obtained is  through                                                               
other  states and  their agencies  that  process complaints,  and                                                               
Alaska  currently  does  not process  complaints.    Although,  a                                                               
survey specific to Anchorage was  performed in 2011, and it found                                                               
that LGBTQ Alaskans do experience  discrimination in the areas of                                                               
public  accommodations, employment,  and all  of the  areas under                                                               
protected civil rights law, and she  opined that there is a large                                                               
amount of  anecdotal evidence  to support  that finding  as well.                                                               
She referred  to the map located  on slide 5 to  demonstrate that                                                               
the locations  of LGBTQ discriminations  are not specific  to any                                                               
one area  or district in Alaska,  and she pointed out  that LGBTQ                                                               
discrimination spans  from the  far North to  the far  South, and                                                               
this is  not an urban  or district  issue because it  affects the                                                               
entire state.                                                                                                                   
                                                                                                                                
3:07:01 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND turned  to slide  6, "National  Rates," and  advised                                                               
that  the slide  presents a  better idea  of the  fact that  this                                                               
discrimination is  an issue.   This data  was taken  from various                                                               
states that process complaints of  discrimination based on sexual                                                               
orientation, gender  identity or  expression.   The rates  can be                                                               
comparable to discrimination  based on race or  sex, depending on                                                               
the type  of discrimination, and  Alaska is not included  in this                                                               
data because it does not process complaints, she reiterated.                                                                    
                                                                                                                                
                                                                                                                                
3:07:44 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND turned  to slides  7-9,  "Existing Protections"  and                                                               
noted that  on a national  level, 20 states and  Washington D.C.,                                                               
prohibit discrimination  based on  sexual orientation,  or gender                                                               
identity;  two states  prohibit  discrimination  based solely  on                                                               
sexual orientation; seven  states prohibit discrimination against                                                               
public  employees   based  on   sexual  orientation,   or  gender                                                               
identity;   and   five   states,   including   Alaska,   prohibit                                                               
discrimination against  public employees  based solely  on sexual                                                               
orientation.   Alaska does have  municipal ordinances  in Juneau,                                                               
Anchorage, and  Sitka that  are "incredibly  similar" to  HB 184,                                                               
and the  anti-discrimination ordinance  in Bethel is  specific to                                                               
employment  and does  not cover  every area  of the  civil rights                                                               
laws that this legislation covers.                                                                                              
                                                                                                                                
3:08:51 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND turned  to slide  10, "Equal  Employment Opportunity                                                               
Commission  (EEOC),"   and  advised  that  some   remediation  is                                                               
available   through  this   national  commission   if  an   LGBTQ                                                               
individual  in Alaska  is discriminated  against in  the area  of                                                               
employment specifically.   The  individual can  call the  EEOC to                                                               
file  a complaint;  however, this  remediation is  not sufficient                                                               
because it is  a federal organization and  federal bureaucracy is                                                               
difficult  to  navigate.   The  EEOC  has  a limited  ability  to                                                               
process these complaints and these issues, she said.                                                                            
                                                                                                                                
3:09:38 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND  turned to slide  11, "Where's the gap?"  and advised                                                               
that  unless  an LGBTQ  Alaskan  is  a  resident of  a  protected                                                               
municipality,  they have  no protections  in  areas of:  housing,                                                               
financing, credit, public  accommodations, and unlawful practices                                                               
by the  state or  its political subdivisions.   She  advised that                                                               
there are some  remediations available in the  area of employment                                                               
but they are grossly unequal.                                                                                                   
                                                                                                                                
3:10:05 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND turned  to slides  12-13, "LGBTQ  Non-Discrimination                                                               
Policies:  Good  for  Commerce,"  and  paraphrased  slide  13  as                                                               
follows:                                                                                                                        
                                                                                                                                
     96%  of  top  Fortune   500  companies  include  sexual                                                                    
     orientation  in their  non-discrimination policies  and                                                                    
     70% include gender identity                                                                                                
                                                                                                                                
     53% of  the top 50 federal  government contractors link                                                                    
     internal    policies   prohibiting    this   form    of                                                                    
     discrimination to improving their bottom line                                                                              
                                                                                                                                
          Economic benefits include:                                                                                            
                                                                                                                                
          Higher recruitment & retention                                                                                        
                                                                                                                                
          Increased generation of ideas & innovation                                                                            
                                                                                                                                
          Diversified consumer base                                                                                             
                                                                                                                                
          Increased employee productivity                                                                                       
                                                                                                                                
          Securing more public sector clients                                                                                   
                                                                                                                                
          Improved employee relations & morale                                                                                  
                                                                                                                                
MS. HOLLAND  explained that  the above  data is  the result  of a                                                               
2011,  Williams   Institute  [UCLA   Law]  study   that  surveyed                                                               
employers  with  these  types  of  polices.    She  advised  that                                                               
included on  this slide  is a list  of companies  employing these                                                               
policies,  and  noted  that the  Anchorage  Economic  Development                                                               
Corporation, Anchorage  Chamber of Commerce, and  Visit Anchorage                                                               
Alaska, all  support the Anchorage  non-discrimination ordinance.                                                               
Slide  13, she  pointed out,  shows  that this  is becoming  good                                                               
business practice  that has taken  place without  the requirement                                                               
of law.                                                                                                                         
                                                                                                                                
3:12:24 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND  turned to slides  14-21, "Sectional,"  and continued                                                               
paraphrasing   the  sectional   analysis  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section  1: Adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the  list  of protected  categories                                                                    
     that currently include  race, religion, color, national                                                                    
     ancestry,  physical  or  mental disability,  age,  sex,                                                                    
     marital status,  changes in marital  status, pregnancy,                                                                    
     or parenthood.                                                                                                             
                                                                                                                              
     Section  2: Adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the list  of discriminations  which                                                                    
     are cause for public concern,  and asserts the need for                                                                    
     the   state   to   prevent   such   discrimination   in                                                                    
     employment,  credit  and  financing  practices,  public                                                                    
     accommodations  and  sale,  lease  or  rental  of  real                                                                    
     property.                                                                                                                  
                                                                                                                              
     Section  3: Adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the categories  of protected  civil                                                                    
     rights.                                                                                                                    
                                                                                                                                
     Section  4: Adds  "sexual orientation,  gender identity                                                                  
     or  expression  (SOGI)"  to  the  prohibitions  against                                                                    
     unlawful employment practices.                                                                                             
                                                                                                                                
          Refusal  of  employment   because  of  SOGI,  when                                                                    
     demands of  the position do not  require distinction on                                                                    
     the basis of SOGI.                                                                                                         
                                                                                                                                
3:13:36 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND  noted that  the  above  requirements include  other                                                               
protected  classes,  for  example, pregnancies  are  a  protected                                                               
class with  an exemption.  She  offered that if a  pregnant woman                                                               
applied for  a job that required  her to "be hanging  upside down                                                               
or  doing something  incredibly  labor  intensive," the  pregnant                                                               
woman could lawfully be turned away from that job.                                                                              
                                                                                                                                
MS. HOLLAND continued paraphrasing the sectional analysis as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
          Labor   organizations  cannot   expel  or   refuse                                                                    
     membership due to an individual's SOGI                                                                                     
                                                                                                                                
          Employers    cannot    circulate    discriminatory                                                                    
     statements                                                                                                                 
                                                                                                                                
          Employers  may  not fire  a  person  for filing  a                                                                    
     complaint                                                                                                                  
                                                                                                                                
     Section   5  inserts:   Ministerial  exemption,   under                                                                  
     Hosanna-Tabor v.  EEOC, Supreme Court case,  ruled that                                                                    
     federal discrimination  laws do not apply  to religious                                                                    
     organization's selection of religious leaders                                                                              
                                                                                                                                
          Language  does not  affect  the implementation  of                                                                    
     this  legislation, as  it is  a federal  interpretation                                                                    
     that would be applied regardless.                                                                                          
                                                                                                                                
3:15:09 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND noted that a more expansive religious exemption is                                                                  
contained within current state law, and that is the definition                                                                  
of employer within this area of statute.                                                                                        
                                                                                                                                
          AS 18.80.300(5), definition of employer                                                                               
                                                                                                                                
          "A  person, including  the state  and a  political                                                                    
     subdivision  of   the  state,  who  has   one  or  more                                                                    
     employees  in the  state but  does not  include a  club                                                                  
     that   is   exclusively   social,   or   a   fraternal,                                                                  
     charitable,  educational, or  religious association  or                                                                  
     corporation, if  the club, association,  or corporation                                                                  
     is not organized for private profit."                                                                                    
                                                                                                                                
     Section  6: Adds  "sexual orientation,  gender identity                                                                  
     or expression" to the prohibitions against                                                                                 
     unlawful practices in public accommodations                                                                                
                                                                                                                                
          Refusal   or  denial   of  any   services,  goods,                                                                    
     facilities, advantages or privileges because of SOGI                                                                       
                                                                                                                                
          Circulation of discriminatory communication                                                                           
                                                                                                                                
          Excludes  physical  fitness facilities  which  may                                                                    
     place limits based on sex                                                                                                  
                                                                                                                                
          AS 18.80.300(16) public accommodations definition                                                                     
                                                                                                                                
               "a place that caters  or offers its services,                                                                    
     goods,  or   facilities  to  the  general   public  and                                                                    
     includes  a  public   inn,  restaurant,  eating  house,                                                                    
     hotel,  motel,   soda  fountain,  soft   drink  parlor,                                                                    
     tavern,  night club,  roadhouse,  place  where food  or                                                                    
     spiritous  or malt  liquors are  sold for  consumption,                                                                    
     trailer park,  resort, campground, barber  shop, beauty                                                                    
     parlor, bathroom,  rest house, theater,  swimming pool,                                                                    
     skating  rink, golf  course,  cafe,  ice cream  parlor,                                                                    
     transportation company, and  all other public amusement                                                                    
     and  business  establishments,   subject  only  to  the                                                                    
     conditions  and  limitations  established  by  law  and                                                                    
     applicable alike to all persons."                                                                                          
                                                                                                                                
     Section  7: Adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the  prohibitions against  unlawful                                                                    
     practices in the sale or rental of real property                                                                           
                                                                                                                                
          Refusal to  sell, lease, or rent  property because                                                                    
     of SOGI when otherwise qualified                                                                                           
                                                                                                                                
          Discrimination   because  of   SOGI  in   a  term,                                                                    
     condition,  or privilege  relating  to  the use,  sale,                                                                    
     lease, or rental of real property                                                                                          
                                                                                                                                
          Making a written inquiry of SOGI                                                                                      
                                                                                                                                
          Falsify availability of property                                                                                      
                                                                                                                                
          Blockbusting                                                                                                          
                                                                                                                                
          Publishing statements that  indicate preference in                                                                    
     regard to SOGI                                                                                                             
                                                                                                                                
     Section  8: adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the  prohibitions against  unlawful                                                                    
     practices in financing and accreditation                                                                                   
                                                                                                                                
          Discriminate    because   in    applications   for                                                                    
     financial assistance or credit                                                                                             
                                                                                                                                
          Discriminate  in a  term, condition,  or privilege                                                                    
     relating to the obtainment  or use of the institution's                                                                    
     financial assistance or credit                                                                                             
                                                                                                                                
          Make  or  cause  written  inquiry  of  applicant's                                                                    
     protected classes                                                                                                          
                                                                                                                                
     Section  9: adds  "sexual orientation,  gender identity                                                                  
     or  expression" to  the  prohibitions against  unlawful                                                                    
     practices by the state or its political subdivisions                                                                       
                                                                                                                                
          Refusal or denial of any  local, state, or federal                                                                    
     funds,  services,  goods,  facilities,  advantages,  or                                                                    
     privileges                                                                                                                 
                                                                                                                                
          Circulation   of    discriminatory   communication                                                                    
     implying refusal or denial of services                                                                                     
                                                                                                                                
     Section 10:  adds "sexual orientation,  gender identity                                                                  
     or  expression" to  the  prohibitions against  unlawful                                                                    
     practices in blockbusting, or  practices by real estate                                                                    
     agents to close a transaction                                                                                              
                                                                                                                                
          Blockbusting:  the practice  of persuading  owners                                                                    
     to sell property cheaply because  of the fear of people                                                                    
     of another race or  class moving into the neighborhood,                                                                    
     thus profiting by reselling at a higher price.                                                                             
                                                                                                                                
     Section  11: defines  "sexual orientation"  and "gender                                                                  
     identity or expression"                                                                                                    
                                                                                                                                
          sexual    orientation:   means    heterosexuality,                                                                    
     homosexuality, and bisexuality.                                                                                            
                                                                                                                                
          Gender  identity or  expression:  means having  or                                                                    
     being  perceived  as  having or  expressing  a  gender,                                                                    
     self-image,  appearance,  or  behavior,  regardless  of                                                                    
     whether   that  gender,   self-image,  appearance,   or                                                                    
     behavior   is   different   from   that   traditionally                                                                    
     associated  with the  sex assigned  to  that person  at                                                                    
     birth.                                                                                                                     
                                                                                                                                
3:18:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS   referred   to   Ms.   Holland's                                                               
statement as to  how the EEOC adjudicates  sexual orientation, or                                                               
gender    identity    [or    expression]    related    employment                                                               
discrimination  complaints and  asked  whether  data relating  to                                                               
Alaska  for such  complaints exist,  and if  so, to  explain that                                                               
data.                                                                                                                           
                                                                                                                                
MS. HOLLAND responded  that she was unaware whether  the EEOC has                                                               
that data, and she will research that issue.                                                                                    
                                                                                                                                
3:18:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked how, if  at all, this bill may affect                                                               
intercollegiate or  high school  sports events as  to transgender                                                               
men who may identify as women.                                                                                                  
                                                                                                                                
MS.  HOLLAND replied  that  HB  184 includes  the  state and  its                                                               
political  subdivisions, which  would include  the Alaska  public                                                               
schools.   She  said that  she  would research  the question  but                                                               
believes  Alaska's school  would be  included within  this policy                                                               
and the same concept would be applied.                                                                                          
                                                                                                                                
REPRESENTATIVE JOSEPHSON  added that his office  would check, for                                                               
example, a test  case with the Anchorage School  District, and he                                                               
would not be surprised if  its athletics office follows some sort                                                               
of  protocol.   He commented  that  he suspects  there is  enough                                                               
authority in this  legislation to protect the  interests to which                                                               
Representative LeDoux referred.  While  the issue is not directly                                                               
noted in  the legislation, it  is certainly within the  spirit of                                                               
the legislation.   It could  be that  some other community  has a                                                               
protocol of  some sort and  Anchorage does  not, but he  tends to                                                               
think Anchorage may have a protocol, he offered.                                                                                
                                                                                                                                
3:21:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES referred to  the definition of employer and                                                               
noted that it  appeared odd because the  definition would exclude                                                               
organizations, such  as the  American Legion,  Elks Club,  or any                                                               
club along those lines.                                                                                                         
                                                                                                                                
MS. HOLLAND  answered that in  the event the organization  is not                                                               
for-profit, the  person in charge  is not defined as  an employer                                                               
within this area of statute.                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  noted  that,  just this  week,  the  Alaska  State                                                               
Commission for  Human Rights  asked him  why so  many non-profits                                                               
are excluded.                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES  remarked that  some people in  these types                                                               
of  organizations  are employees,  such  as  bartenders, and  she                                                               
finds it odd that they would be excluded.                                                                                       
                                                                                                                                
REPRESENTATIVE    JOSEPHSON   added    that   when    he   taught                                                               
constitutional law, under  Boy Scouts of America et  al. v. Dale,                                                             
[530  U.S.  640  (2000)],  United States  Supreme  Court  Justice                                                               
William  Rehnquist found  that the  Boy Scouts  of America  could                                                               
discriminate against a boy scout troop  leader who was a gay man,                                                               
and United States  Supreme Court Justice John  Paul Stevens wrote                                                               
an  important dissent.   Since  that  time, he  advised, the  Boy                                                               
Scouts  of America  reversed its  course and  in effect  took its                                                               
victory  from the  court and  tore it  up, saying  that it  would                                                               
admit "who we want to admit."                                                                                                   
                                                                                                                                
3:23:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  noted that  the protocol in  the Anchorage                                                               
School  District might  be covered  under  the [September  2015,]                                                               
Anchorage   Assembly   Ordinance   [AO-96,  updating   its   non-                                                               
discrimination  laws to  include  sexual  orientation, or  gender                                                               
identity].   She  remarked  that she  wanted to  be  clear as  to                                                               
whether the  intent of  this legislation, or  the spirit  of this                                                               
legislation, is that a transgender  man who identifies as a woman                                                               
could compete in women's athletics.                                                                                             
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  responded  that  when  pondering  this                                                               
legislation, his thoughts were of other  issues, such as a gay or                                                               
lesbian couple being  able to rent an apartment  or being treated                                                               
with respect  and equality when  applying for  a job.   While the                                                               
issue is  not expressly covered  in this legislation, he  said he                                                               
could see  a court ruling that  based on common law,  this bill's                                                               
successful passage,  and the Anchorage  ordinance, such  a result                                                               
could  occur.    He  acknowledged  that  he  took  Representative                                                               
LeDoux's point, he would look  for a concrete answer, and related                                                               
that because Anchorage currently has  an ordinance, it may not be                                                               
the  best test  because the  Anchorage School  District may  feel                                                               
compelled to have the protocol he had addressed.                                                                                
                                                                                                                                
3:25:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  the  significance  the  Anchorage                                                               
Chamber of Commerce held in this presentation.                                                                                  
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   responded  that,  for  him,   it  has                                                               
profound  significance because  it  says that  the  folks on  the                                                               
Anchorage  Chamber  of  Commerce  want  to  be  on  the  side  of                                                               
tolerance when it comes to the LGBTQ community.                                                                                 
                                                                                                                                
3:26:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there was  concern that the                                                               
bill's passage may result in a  person who expresses as a female,                                                               
and yet  has the  physical attributes  of a  male, "would  be not                                                               
able  to be  prohibited from  competing" in  women's boxing,  for                                                               
example.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  responded  that the  Anchorage  School                                                               
District does not  offer women's or men's boxing  and opined that                                                               
women's boxing occurs  in an amateur or professional  status.  He                                                               
related  that  he  shares  in the  concerns  about  the  outlying                                                               
hypotheticals  that  may or  may  not  occur.   Economically  and                                                               
morally, he offered,  his position is that  those situations must                                                               
be  worked  through  one  at  a  time,  otherwise  the  issue  is                                                               
effectively abandoned and "we're just stuck."                                                                                   
                                                                                                                                
3:28:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  that due to reports  of women being                                                               
on  the receiving  end of  that sort  of event  taking place  and                                                               
being severely injured,  whether the goal should  be to structure                                                               
this  bill in  such a  manner that  that does  not take  place in                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOSEPHSON referred  to  the  Constitution of  the                                                               
United States, Ninth Amendment, which read as follows:                                                                          
                                                                                                                                
     The enumeration in the Constitution, of certain                                                                            
     rights, shall not be construed to deny or disparage                                                                        
     others retained by the people.                                                                                             
                                                                                                                                
REPRESENTATIVE JOSEPHSON  explained that the Ninth  Amendment was                                                               
designed to point out that it  is not possible to list everything                                                               
in the  realm of  human nature within  the first  ten amendments.                                                               
Similarly, he  remarked, the  legislature cannot  possibly codify                                                               
every potentiality that may spin off from this legislation.                                                                     
                                                                                                                                
3:29:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 184.                                                                                 
                                                                                                                                
3:30:15 PM                                                                                                                    
                                                                                                                                
JENNIFER SMITH  advised that  she has been  a resident  of Juneau                                                               
since 1971, and  she supports HB 184 because  it extends Alaska's                                                               
anti-discrimination  statutes to  protect against  discrimination                                                               
based upon  sexual orientation,  or gender  identity.   Ms. Smith                                                               
advised  that she  had served  as a  commissioned officer  in the                                                               
United  States Air  Force for  13 years  and entered  the service                                                               
through  the  ROTC  program at  the  Massachusetts  Institute  of                                                               
Technology (MIT).   At the time  of graduation, "I was  deeply in                                                               
love"  with  another  young  woman,   but  the  relationship  was                                                               
eventually crushed under the weight of  the "very real fear" of a                                                               
dishonorable  discharge accompanied  by  a prison  sentence in  a                                                               
federal  penitentiary  should  the  relationship  be  discovered.                                                               
Thankfully,  as a  nation, society  has progressed  to the  point                                                               
that  all people  are welcome  to serve  in the  military without                                                               
regard  to  sexual orientation,  or  gender  identity, and  their                                                               
families  are extended  the same  benefits as  all other  service                                                               
member families.   She related  that the  nation has come  so far                                                               
that  it  appears strange  this  issue  is  even up  for  debate.                                                               
However,   she   pointed  out,   given   the   recent  state   of                                                               
discrimination and  discriminatory ordinances cropping up  at the                                                               
local level,  it is important to  act together as a  state to put                                                               
this issue to rest and help  ensure that all Alaskans are treated                                                               
fairly.   The United States  Pledge of Allegiance is  a testament                                                               
to this  nation's values and it  ends with the words  "one nation                                                               
under  God,  indivisible,  with liberty  and  justice  for  all."                                                               
Speaking as one  who has been legally  discriminated against, she                                                               
said  she knows  that no  matter  how fervently  she believes  in                                                               
these  ideals, the  fact is,  those  words ring  hollow when  she                                                               
knows that "all" does not  include her.  Historically, Alaska led                                                               
the   United  States   in   tackling   discrimination  when   its                                                               
territorial  legislature passed  the  Anti-Discrimination Act  of                                                               
1945  [signed into  law  by Alaska  Governor  Ernest Gruening  on                                                               
February 16, 1945]  and, she pointed out, it was  the first anti-                                                               
discrimination  act in  the nation.    Ms. Smith  asked that  the                                                               
committee  build  on  that  leadership  and  consider  the  words                                                               
"liberty  and justice  for  all," and  vote yes  to  move HB  184                                                               
forward  and  help ensure  that  Alaska  embodies the  values  of                                                               
"freedom and justice for all."                                                                                                  
                                                                                                                                
3:32:54 PM                                                                                                                    
                                                                                                                                
JAN  CAULFIELD advised  that she  has been  a resident  of Alaska                                                               
since 1979  and offered support for  HB 184 because the  State of                                                               
Alaska's  non-discrimination  laws   should  apply  to  everyone,                                                               
including its  LGBTQ community  members.   She extended  pride in                                                               
Juneau  because it  previously adopted  these protections  within                                                               
its own municipality.   Frankly, she pointed out,  it all appears                                                               
to be straight-forward because every  person living in Alaska has                                                               
the same civil rights and should be covered under Alaska's non-                                                                 
discrimination  law.   Ms. Caulfield  stressed  that by  omitting                                                               
Alaskans   from  these   non-discrimination  laws   due  to   the                                                               
circumstances  of their  personal  and private  lives, the  state                                                               
implies  that LGBTQ  individuals are  not worthy  of their  civil                                                               
right protections  and thereby,  deny their remedies.   Extending                                                               
protections through HB  184 will solve this  omission and relieve                                                               
the  uncertainty  and  fear  that is  currently  faced  by  LGBTQ                                                               
individuals and  their families.   This is the 21st  Century, she                                                               
expressed, and  Alaska needs to  update its laws and  protect all                                                               
of its  residents equally.   One of the reasons  this legislation                                                               
is important to  her, she advised, is that within  her own family                                                               
group of generations  of siblings, nieces and  nephews, there are                                                               
transgender, non-binary  gender, gay, lesbian,  (indisc.) gender,                                                               
and heterosexual  individuals.   Her family members,  she pointed                                                               
out, are all simply trying to  do what people do, they are trying                                                               
to  work, have  safe homes,  marry, raise  children, and  provide                                                               
financial security for each other and  their children.  It is her                                                               
belief, she related,  that everyone deserves to  have their civil                                                               
rights protected  by our  state government  to ensure  that those                                                               
goals can  be achieved.  She  asked the committee to  look at the                                                               
big picture  that Representative  Josephson spoke to  in response                                                               
to some  of the committee  member's questions, and to  not simply                                                               
focus on  what appears to be  smaller issues that may  need to be                                                               
determined after  the implementation  of HB  184.   Ms. Caulfield                                                               
reiterated her request  that the committee not lose  track of the                                                               
big picture which includes: employment,  homes, finances, and all                                                               
matters an individual and a family may undertake.                                                                               
                                                                                                                                
3:35:17 PM                                                                                                                    
                                                                                                                                
BRENDA  BOWERS  advised   that  she  has  lived   in  Juneau  for                                                               
approximately  50-years, and  presented  pictures  and offered  a                                                               
short story as follows:                                                                                                         
                                                                                                                                
     I have  a picture here  of two little  girls, identical                                                                    
     twins, I  am one.   My  sister became  my brother.   At                                                                    
     somewhere  around   40-years  old,  he   identifies  as                                                                    
     transgender male.  And, what  I see before us right now                                                                    
     is, we have  an issue where we have  gender identity on                                                                    
     the table to be  considered for non-discrimination.  We                                                                    
     have gender expression and sexual  orientation.  So, to                                                                    
     sum up real quickly, sexual  orientation: who do I want                                                                    
     to sleep with?   Gender identity: who am I  am?  How do                                                                    
     I identify?   And, gender expression, which  opens up a                                                                    
     huge, huge,  door.  We  all have gender  expression, we                                                                    
     all  have  gender  identity.   Some  of  us,  including                                                                    
     myself, have never had to  question it, consider it.  I                                                                    
     have the privilege  of walking down the  hall and going                                                                    
     to the bathroom without question,  no one will stop me,                                                                    
     I don't have  to fear for my safety.   And, however, my                                                                    
     brother does.  And, I  also wanted to show this picture                                                                    
     because this  -- these are  the identical  twins today.                                                                    
     So,  I'm sorry  for the  people in  the back  who can't                                                                    
     see.   We are  still identical  twins, we  present very                                                                    
     differently, our  gender expression is  very different.                                                                    
     That's  what  you  see  and   that's  where  a  lot  of                                                                    
     discrimination takes place.   Gender identity, we don't                                                                    
     know unless we ask.   Sexual orientation, we don't know                                                                    
     unless we  ask.   I really had  the pictorial  story in                                                                    
     mind and  I think  I've expressed  that, and  I believe                                                                    
     this is a  basic human rights safety issue,  as well as                                                                    
     just civil rights.                                                                                                         
                                                                                                                                
3:37:58 PM                                                                                                                    
                                                                                                                                
LIN DAVIS advised  that she lives in Douglas, is  a retired state                                                               
employee, and worked at the Juneau  Job Center for 15 years where                                                               
she often witnessed LGBTQ job  discrimination and described it as                                                               
a wound to the soul.  Last  week, she said, she had an experience                                                               
that made her freshly proud to be an American, as follows:                                                                      
                                                                                                                                
     I got to  see Hamilton, the musical, in  New York City.                                                                    
     And,  the experience  of disfavored  groups, people  of                                                                    
     color  and immigrants  who hammered  out our  democracy                                                                    
     was very  inspiring.   And, I have  a question  for you                                                                    
     who remain  today, have you  been able to take  in your                                                                    
     American history classes an  LGBTQ history survey going                                                                    
     back to the American Revolution?  Anybody had that?                                                                        
                                                                                                                                
CHAIR  CLAMAN  explained  that   this  is  public  testimony  and                                                               
questions are not asked of the committee.                                                                                       
                                                                                                                                
MS. DAVIS continued as follows:                                                                                                 
                                                                                                                                
     It's rare  that this is  offered and that  people don't                                                                    
     really  know  the  wide scope  of  our  judicial  legal                                                                    
     history.    You  may  remember Ted  Olson,  the  famous                                                                    
     Republican lawyer  who argued  Gore v. Bush,  [531 U.S.                                                                  
     98  (2000)] and  won.   And then,  he studied  American                                                                    
     LGBTQ history, discovered how troubling  it was, and he                                                                    
     went on  to work  on [Defense of  Marriage Act]   DOMA,                                                                    
     Edie Windsor  [United States v.  Windsor, 570  U.S. 744                                                                  
     (2013)].                                                                                                                   
                                                                                                                                
     Right  now,  judicially, all  of  you  have a  profound                                                                    
     opportunity  to  help us  follow  in  the footsteps  of                                                                    
     Elizabeth,  and  Roy, ANS,  ANB,  and  make us  freshly                                                                    
     proud to  be Americans, it's  the right time to  do the                                                                    
     right thing.                                                                                                               
                                                                                                                                
3:40:09 PM                                                                                                                    
                                                                                                                                
ALYSON  CURREY, Legislative  Liaison,  Planned Parenthood  Votes,                                                               
Alaska, advised  that Planned Parenthood  Votes, Alaska  is proud                                                               
to  stand in  support of  HB 184.   Quite  simply, she  said, all                                                               
people, no matter  who they are or who they  love, should be free                                                               
to   live  their   lives  without   discrimination  or   fear  of                                                               
discrimination based on  their personal and private lives.   As a                                                               
health care provider and employer,  Planned Parenthood knows that                                                               
this  legislation  is  good  for   public  health  and  good  for                                                               
business.  Due to discrimination  and fear of discrimination, she                                                               
pointed  out,   many  gay  and  transgender   people  hide  their                                                               
identities  at work,  are paid  less, and  have fewer  employment                                                               
opportunities,  and put  these individuals  at increased  risk of                                                               
poor  physical and  mental health.    Sexual orientation,  gender                                                               
identity or  expression have zero relationship  to employability,                                                               
workplace performance, or even  eligibility for housing, leasing,                                                               
loans, and  credit, she remarked.   She is proud, as  others have                                                               
testified, to  live in  a city  that has  already taken  steps to                                                               
support equal protection  under the law for all people  and it is                                                               
time  for the  state to  catch up.   She  asked the  committee to                                                               
support the passage of HB 184.                                                                                                  
                                                                                                                                
3:41:30 PM                                                                                                                    
                                                                                                                                
MINDY O'NEAL  asked the  committee to support  the passage  of HB                                                               
184, because  she wholeheartedly believes this  bill will protect                                                               
the rights  of LGBTQ  individuals to work,  live in  a community,                                                               
and contribute to society.  Earlier  in this meeting and in other                                                               
conversations, she  said she  has heard that  Alaska is  not open                                                               
for business.  In the event, it  is truly the intent of this body                                                               
to  stop  the  brain-drain  and encourage  people  to  remain  in                                                               
Alaska, to  have families, and work,  then this state owes  it to                                                               
its current and future residents to  set them up to succeed here.                                                               
This bill,  she described,  is a step  toward equality  that says                                                               
Alaska is open for business and  it welcomes all humans into "our                                                               
Alaskan family."   She asked the committee to  please help Alaska                                                               
join this century with this  policy and allow an inclusive vision                                                               
for the future.                                                                                                                 
                                                                                                                                
3:43:09 PM                                                                                                                    
                                                                                                                                
MELANIE  LINDHOLM advised  that  she represents  herself and  her                                                               
fianc? and they  both identify as part of the  LGBTQ community in                                                               
Alaska.     She   offered  that   they   both  have   experienced                                                               
discrimination  due   to  their  identities,  especially   as  to                                                               
employment, and she offered the following:                                                                                      
                                                                                                                                
     In 2015, after 13-years as a contractor at an Army                                                                         
     hospital, my fiance was fired for coming out as                                                                            
     transgender.  The same year, I was denied employment                                                                       
     at UAS because it was known by the hiring committee                                                                        
     that my fianc? is transgender.                                                                                             
                                                                                                                                
     We support HB 184 because we believe that all Alaskans                                                                     
     should have employment protections.  We support                                                                            
     equality of all citizens and value all Alaskans                                                                            
     regardless of their orientation, identity, or                                                                              
     expression.  We are all humans deserving human rights                                                                      
     and equal protections.                                                                                                     
                                                                                                                                
3:44:09 PM                                                                                                                    
                                                                                                                                
REVEREND LESLIE  AHUVAH FAILS, Unitarian  Universalist Fellowship                                                               
of  Fairbanks,   advised  that   she  represents   the  Unitarian                                                               
Universalist Fellowship of Fairbanks,  described that this church                                                               
serves a number  of people from the LGBTQ  community, and offered                                                               
the following:                                                                                                                  
                                                                                                                                
     In this  season, I'm  aware that  today is  Good Friday                                                                    
     and  that  we  are  in   this  season  of  waiting  for                                                                    
     redemption,  many  people  of   faith  all  across  the                                                                    
     country and the  world.  And so, knowing  that there is                                                                    
     a number of  people who are waiting  with baited breath                                                                    
     and  with   nervousness  to  find  out   if  this  very                                                                    
     important  piece  of  legislation  will  pass  to  help                                                                    
     protect them.   I want to honor them  and where they're                                                                    
     at and  all the waiting  that they have been  doing for                                                                    
     equality to read  just a very brief prayer.   These are                                                                    
     words from  my colleague the Reverend  Brian Keely, "If                                                                    
     the spirit  of life has one  lesson for us, it  is that                                                                    
     all life is  beautiful, and we are each  born into this                                                                    
     world  who we  are, tall  or  short, our  own color  of                                                                    
     skin, our own sexual  orientation, or gender identity."                                                                    
     And,  to paraphrase  Libby  Roderick,  "How can  anyone                                                                    
     ever tell  us we are  anything less than  beautiful and                                                                    
     anything  less than  whole."   I pray  that this  great                                                                    
     state  and  every state  will  remember  their duty  to                                                                    
     protect  human life.    I pray  that  we will  enshrine                                                                    
     equal protection for all people  into law.  I pray that                                                                    
     those who are  placed in grave danger  simply for being                                                                    
     the  person  who  they  were   born  to  be  will  find                                                                    
     equality.   All human  beings are  born free,  equal in                                                                    
     dignity and rights.   They are endowed  with reason and                                                                    
     conscience.    May  we  act --  all  acts  towards  one                                                                    
     another in affirmation of our common humanity.  Amen.                                                                      
                                                                                                                                
3:45:54 PM                                                                                                                    
                                                                                                                                
REBECCA DUNNE advised  that she is a lesbian and  is married to a                                                               
transgender man, which for the benefit  of those who do not know,                                                               
it means he  was born as an  assigned female at birth  and he now                                                               
lives legally  and socially  as a  man.   She related  that LGBTQ                                                               
people have become  more visible in Alaska and  across the nation                                                               
in  recent decades,  although they  have always  "been here,  but                                                               
we're less  afraid to hide."   Due  to living more  honest lives,                                                               
she advised that they are  also open to discrimination in housing                                                               
and  the  workplace.    Alaska,  she said,  has  a  patchwork  of                                                               
municipal  protections, and  her Fairbanks  landlord could  still                                                               
decide  to  evict  them  for  being or  appearing  gay,  and  her                                                               
husband's   boss  could   fire   him  for   being  or   appearing                                                               
transgender.   She advised that they  are looking to buy  a house                                                               
in the  upcoming months and  there is a  real fear that  a lender                                                               
could  deny  financing  due  to her  sexual  orientation  or  her                                                               
husband's gender identity.  She  stressed that, "Fairbanks is our                                                               
home and  we want  to live  and work here  without fear  of being                                                               
evicted or fired, the same  as everybody else."  This legislation                                                               
is about  fairness, she described,  and it protects  thousands of                                                               
Alaskans and hurts  none.  She urged the committee  to support HB                                                               
184.                                                                                                                            
                                                                                                                                
3:47:42 PM                                                                                                                    
                                                                                                                                
ALYSSA QUINPYNE  offered support for this  legislation because it                                                               
is imperative that the state  adequately protect its constituents                                                               
and   communities,  and   the  LGBTQ   community  deserves   that                                                               
protection.  As  it stands in the state, when  an LGBTQ person is                                                               
fired,  evicted,  denied resources  from  a  private, public,  or                                                               
governmental  agency,   office,  or  department,  due   to  their                                                               
identity,  expression,   or  orientation,  they  have   no  legal                                                               
recourse  to  protect  themselves   and  combat  that  harm,  she                                                               
advised.    As  to  Alaska's youth  in  school  districts,  their                                                               
parents  have  no legal  avenue  to  protect their  children  and                                                               
themselves.   Those people  who choose  to discriminate,  and the                                                               
police officers  who choose not  to investigate  these incidents,                                                               
are  not held  accountable for  that discrimination  and neglect,                                                               
she pointed  out.  Currently,  there is  nothing in the  law that                                                               
specifically protects  this community and this  bill ensures that                                                               
the LGBTQ  community will have  protection and legal  standing in                                                               
order to  protect themselves  and others.   Thereby,  she pointed                                                               
out, the  passage of  this legislation into  law will  hold those                                                               
who choose  to discriminate  accountable.   As an  ally, trainer,                                                               
and a community member, she related  that it is depressing to see                                                               
her  friends,  family  members, and  co-workers,  "my  community"                                                               
suffer and  live in fear.   Especially,  she pointed out,  to see                                                               
Alaska's youth discriminated against  without [a legal] avenue to                                                               
stand up and  protect themselves.  This state  cannot continue in                                                               
this  manner, she  stressed, and  urged  committee's support  for                                                               
this important and imperative bill  because it is life saving and                                                               
ensures  that the  LGBTQ  community is  not  only protected,  but                                                               
honored  and celebrated  in every  single way  possible, as  with                                                               
every other community.                                                                                                          
                                                                                                                                
3:50:09 PM                                                                                                                    
                                                                                                                                
CHRIS EICHENLAUB asked the definition of LGBTQ.                                                                                 
                                                                                                                                
CHAIR  CLAMAN  advised  that  LGBTQ   stands  for  lesbian,  gay,                                                               
bisexual, transgender, queer.                                                                                                   
                                                                                                                                
MR. EICHENLAUB  advised that he is  in opposition to HB  184.  He                                                               
said he  is seeing more  on the  news about people  getting their                                                               
cars stolen  "and stuff  like that," and  he suggested  "we could                                                               
work on  something more productive."   He  said he has  not heard                                                               
about   anyone  in   his   conservative  community   experiencing                                                               
discrimination.                                                                                                                 
                                                                                                                                
3:52:16 PM                                                                                                                    
                                                                                                                                
MIKE COONS offered testimony as follows:                                                                                        
                                                                                                                                
     The President  of the United  States has gotten  rid of                                                                    
     transgenders out  of the military and  that's happened,                                                                    
     so I want to clarify that for the speaker.                                                                                 
                                                                                                                                
     I  strongly oppose  HB 184  on constitutional  grounds.                                                                    
     This bill  adds sexual orientation, or  gender identity                                                                    
     or expression,  as an additional class  into the powers                                                                    
     of  the   State  Commission  for  Human   Rights  which                                                                    
     oversees  and  enforces Article  1,  Section  3 of  the                                                                    
     Alaska  State Constitution.   This  is being  attempted                                                                    
     when there  is not  change to Article  1, Section  3 of                                                                    
     our  constitution.   Pages 15  and 16  of the  Alaska's                                                                    
     Constitution, A  Citizen's Guide, clearly lays  out the                                                                  
     meaning,  history, and  intent,  specifically page  16,                                                                    
     paraphrasing for time:                                                                                                     
                                                                                                                                
     The  word  "sex"  was adopted  by  amendment  in  1972.                                                                    
     Delegate  [Mildred]   Hermann  argued  that   the  word                                                                    
     "person"   was   intentionally  used   throughout   the                                                                    
     constitution to refer to both  sexes.  To further avoid                                                                    
     the possibility  of any sex bias  in the interpretation                                                                    
     of  the   constitution,  the  delegates   specified  in                                                                    
     Article  XII,  Section  10 that  personal  pronouns  be                                                                    
     construed as including either sex.                                                                                         
                                                                                                                                
     A person  that is  male or  female has  clearly defined                                                                    
     rights.  If one is  homosexual or identifies as another                                                                    
     sex,  they  are  still  a person.    Biologically,  one                                                                    
     cannot  change their  sex, one  may decide  to act  and                                                                    
     dress  differently  in  the sex  they  are,  but  their                                                                    
     biological  sex is  ingrained in  their chromosomes  no                                                                    
     matter how  much surgery or  hormones one takes.   This                                                                    
     bill is desired  by the progressive far  left to demand                                                                    
     additional rights  and protections to classes  that are                                                                    
     not, nor ever were,  considered by our Founding Fathers                                                                    
     without  a  constitutional  amendment.   ...  I,  as  a                                                                    
     private  citizen,   have  the  right   to  discriminate                                                                    
     against  someone or  something that  I find  abhorrent,                                                                    
     i.e.,  associate  within  or  out  of  my  ...  circle.                                                                    
     Employers  have   the  right  and  duty   to  ensure  a                                                                    
     workforce  in  an  area  that is  free  of  stress  and                                                                    
     strife.                                                                                                                    
                                                                                                                                
3:55:13 PM                                                                                                                    
                                                                                                                                
SERENE ROSE  OHARA-JOLLEY advised that  she supports HB  184, and                                                               
Alaska is  her home where she  is dedicated to helping  make this                                                               
state a  better place.   She  advised that she  had worked  as an                                                               
educator of young  children with special needs  for over 13-years                                                               
and  she is  currently  teaching teachers  at  the University  of                                                               
Alaska, Fairbanks  (UAF).   Although, she  related, she  does not                                                               
worry about losing  her job at UAF, while previously  living in a                                                               
rural community she  had to hide her identity  from employers and                                                               
landlords out  of fear.   In  Alaska, for  many people  living in                                                               
rural communities,  housing is connected to  their employment and                                                               
she  would have  had to  leave within  24-hours if  she had  been                                                               
fired.   She described  that forty-four  percent of  LGBTQ people                                                               
report discrimination  at work, and  it is unacceptable  that she                                                               
could be  denied employment, housing,  or other services,  in the                                                               
place  she calls  home due  to her  gender identity  and who  she                                                               
loves.   She advised that she  wanted to state on  the record, "I                                                               
am  queer and  as a  result  of that  I could  be denied  further                                                               
employment or  kicked out  my house in  Fairbanks."   She further                                                               
advised that  the cities of  Juneau, Sitka, and  Anchorage passed                                                               
[ordinances]    protecting    the    LGBTQ    communities    from                                                               
discrimination, which  means over  340,000 Alaskans,  almost one-                                                               
half of the  state's population, already have protection.   It is                                                               
time to stop with this  patchwork approach to protections and let                                                               
all  Alaskans  know that  they  are  valued,  and she  asked  the                                                               
committee to please support HB 184.                                                                                             
                                                                                                                                
3:57:18 PM                                                                                                                    
                                                                                                                                
MAUREEN LONGWORTH, M.D., advised that  she is a retired physician                                                               
and has worked  in Alaska since 1992.  Dr.  Longworth stated that                                                               
there is  very good  evidence in the  medical community  that the                                                               
health of an entire community  improves when rights are equal for                                                               
all  in  the  community.     The  Alaska  Association  of  Family                                                               
Physicians, the  American Academy of Family  Physicians, of which                                                               
she and  many Alaska physicians  are members, always  support any                                                               
legislation that  gives equal rights to,  particularly, the LGBTQ                                                               
community.  She  advised that every medical study  has shown that                                                               
these families  provide healthy care  and environments  for their                                                               
families,  but  they  can  only  do  so  when  their  rights  are                                                               
protected by the  government, of which everyone  deserves, and no                                                               
one  should be  excluded.    In addition,  she  pointed out,  the                                                               
American  Psychiatric   Association,  the  American   Academy  of                                                               
Pediatrics,  "I could  go on  and on  and on,"  and the  American                                                               
Medical Association  all support this type  of legislation before                                                               
the committee  today.  She  described that any action  other than                                                               
approving  HB  184, would  be  moving  backwards, and  asked  the                                                               
members to  use their  evidence-based judgement  of which  is the                                                               
judgement  a  person   wants  when  being  cared   for  by  their                                                               
physician.   She  related that,  "We're forced  to use  that, and                                                               
it's your duty,  I feel, to also  use that in voting  yes to pass                                                               
this bill today."                                                                                                               
                                                                                                                                
3:59:58 PM                                                                                                                    
                                                                                                                                
STEVE  KOTEFF,  Attorney,  Alaska   State  Commission  for  Human                                                               
Rights,  Office of  the Governor,  advised that  he is  the Human                                                               
Rights Advocate at  the Alaska State Commission  for Human Rights                                                               
and has  been an  attorney for  the commission  for approximately                                                               
20-years.   Mr. Koteff related that  he is speaking on  behalf of                                                               
the  commissioners  who had  considered  the  issue of  providing                                                               
protection  against   discrimination  on  the  basis   of  sexual                                                               
orientation, and gender identity in  2016.  The commission passed                                                               
a resolution  recognizing advancements  in the law,  both locally                                                               
and across  the country, and  directed the commission's  staff to                                                               
draft  proposed regulations  to include  sexual orientation,  and                                                               
gender  identity or  expression within  the meaning  of the  term                                                               
"sex"  within the  Alaska Human  Rights Law,  he explained.   The                                                               
resolution also specifically called  on the legislature to revise                                                               
AS  18.80  to expressly  prohibit  discrimination  on this  basis                                                               
because the  commission is aware  of the discrimination  based on                                                               
sexual orientation, and gender identity  or expression in Alaska.                                                               
The Alaska  Equal Employment  Opportunity Commission  (EEOC) does                                                               
accept   complaints  on   this  basis   and  it   estimates  that                                                               
approximately    two   percent    of   all    complaints   allege                                                               
discrimination  on the  basis of  sexual orientation,  and gender                                                               
identity or  expression, and according  to the EEOC,  two percent                                                               
is consistent with its nationwide  statistics.  In the event this                                                               
legislation  becomes  law,  he remarked  that  the  Alaska  State                                                               
Commission  for Human  Rights would  expect to  investigate these                                                               
cases  at a  similar rate.   Although  the commissioners  did not                                                               
ultimately  approve  language  for  a  proposed  regulation,  the                                                               
commission's official  position, since  1990, is  that protection                                                               
on  the  basis  of  sexual orientation,  or  gender  identity  or                                                               
expression should  be afforded equal protection  under the Alaska                                                               
Human Rights Law.  He  informed the committee that the commission                                                               
asks that the legislature specifically  amend AS 18.80 to include                                                               
these protections.                                                                                                              
                                                                                                                                
4:02:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked whether  he views this legislation as                                                               
a  statewide mandate  that a  man who  identifies as  a woman  be                                                               
allowed to participate in women's athletic activities.                                                                          
                                                                                                                                
MR.  KOTEFF responded  that that  is  a hard  question to  answer                                                               
legally, and  although he has  a lot  of experience in  the civil                                                               
rights  arena, these  protections  are not  covered under  Alaska                                                               
law;  therefore, he  has  less experience  looking  at the  legal                                                               
analysis when it comes to  protections for sexual orientation, or                                                               
gender  identity  or expression.    Cases  have been  decided  in                                                               
recent  years throughout  the  country that  do  address some  of                                                               
these issues.   He remarked that he is not  aware of caselaw that                                                               
provides  protection  with   regard  to  Representative  LeDoux's                                                               
sports question  and issues of  competitiveness.  As  an analogy,                                                               
he offered, it is known  that official competitive sports bodies,                                                               
such as  the International Olympic Committee,  use specific tests                                                               
before  determining   who  can   compete  in  men's   or  women's                                                               
competitions.   He related that he  did not know whether  that is                                                               
something   the  courts   would   consider   under  these   legal                                                               
challenges,  but  he  could  look  at it  and  get  back  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
4:04:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX remarked that she  would like Mr. Koteff to                                                               
get  back to  the  committee with  the answer.    She then  asked                                                               
whether  Mr. Koteff  would view  it,  within the  spirit of  this                                                               
legislation,  that that  is  something that  should  happen.   In                                                               
other words, she offered, "would you want it to happen."                                                                        
                                                                                                                                
MR. KOTEFF  answered that he is  speaking today on behalf  of the                                                               
commission and  what he would  want to  take place is  not within                                                               
his purview to say,  and he could not speak to  the spirit of the                                                               
legislation.    He  opined  that  all  legislation  includes  the                                                               
potential for  coverages that may not  be intended or may  not be                                                               
contemplated  so he  could not  answer as  to the  spirit of  the                                                               
legislation.    There  are  many   examples  of  people  who  are                                                               
transgender   or   have   a  specific   gender   identity   being                                                               
discriminated against  in these  fields, but when  discussing the                                                               
competitive sports  area, that  is something  he is  not familiar                                                               
with as  a legal matter.   He reiterated  that he would  look for                                                               
some of those  cases to offer more  information if Representative                                                               
LeDoux so desired.                                                                                                              
                                                                                                                                
4:05:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  advised   that  she   would  like   more                                                               
information as  it appears there  may not be a  definitive answer                                                               
to the question regarding competitive  sports.  She asked whether                                                               
he  saw  any   problem  in  making  it  quite   clear  that  this                                                               
legislation does  not mandate that  men who identify as  women be                                                               
permitted to compete in women's sports events.                                                                                  
                                                                                                                                
MR. KOTEFF  replied that  he did  not think,  as a  legal matter,                                                               
there   would  be   any  problem   because  it   is  within   the                                                               
legislature's discretion to determine  the limits of legislation.                                                               
He said  that he  is "not aware  of any,  perhaps, constitutional                                                               
limitation on  such a limitation,"  and related that that  was as                                                               
far as he could go in terms of his expertise with that answer.                                                                  
                                                                                                                                
4:07:12 PM                                                                                                                    
                                                                                                                                
CAITLYN  SHORTELL, Attorney,  echoed Mr.  Koteff's testimony  and                                                               
noted that she is a private  lawyer who represents members of the                                                               
LGBTQ  community, and  she  had previously  worked  as the  Human                                                               
Rights  Advocate  for  the  Alaska  State  Commission  for  Human                                                               
Rights.   She  related  that she  supports HB  184,  and she  has                                                               
supported this issue for as long  as she could remember for a few                                                               
of  the  following  important  reasons:  it  is  fair  for  every                                                               
Alaskans to  have equal access  to the law;  and her view  of the                                                               
spirit  of this  legislation is  that it  grants people,  who are                                                               
members of a particular class,  access to the Alaska Human Rights                                                               
Law so they can file a  complaint.  The myriad of situations that                                                               
may cause someone  to file a complaint are unknown,  and with the                                                               
aid of  regulations and  caselaw, it  is up  to the  Alaska State                                                               
Commission for Human Rights to  determine the laws that apply and                                                               
whether a complaint relies on those  facts, she explained.  It is                                                               
only fair and right, and  arguably constitutional, she described,                                                               
that a whole  group of people should not be  denied access to the                                                               
commission  and  have a  complaint  accepted.   This  issue,  she                                                               
pointed out, is about basic  fairness, equal protection under the                                                               
law which many Supreme Court cases  indicate is due to members of                                                               
this community, and for these  reasons she urged the committee to                                                               
vote yes on HB 184.                                                                                                             
                                                                                                                                
4:10:27 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that no one  wished to testify,                                                               
closed public testimony on HB 184.                                                                                              
                                                                                                                                
4:10:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked whether  there are any attorneys the                                                               
committee can turn to in working out this bill.                                                                                 
                                                                                                                                
CHAIR  CLAMAN  answered  that  he   was  sure  an  attorney  from                                                               
Legislative  Legal and  Research Services  could be  available at                                                               
the next hearing, but no one is online today.                                                                                   
                                                                                                                                
4:11:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked the  intent of this legislation with                                                               
regard  to community  groups, such  as Big  Brothers/Big Sisters,                                                               
because communities and cities have  previously worked with those                                                               
organizations for  grants and  so forth.   For example,  he said,                                                               
say  the Big  Brother/Big  Sister organization  adopted a  policy                                                               
against assigning a biological male  who expressed as a female to                                                               
work  within a  little sister/big  brother situation.   He  asked                                                               
whether the intent of this  legislation is to tell that community                                                               
organization  that  the policy  was  prohibited  activity due  to                                                               
discrimination.                                                                                                                 
                                                                                                                                
MS.  HOLLAND reiterated  that  if the  organization  is not  for-                                                               
profit, these requirements would not  apply.  Ms. Holland advised                                                               
that  she  was  unsure  whether   Big  Brothers/Big  Sisters  and                                                               
Representative  Eastman's scenario  is  for-profit.   She  opined                                                               
that if the  organization is not for-profit, it would  be free to                                                               
discriminate on this basis, or any basis.                                                                                       
                                                                                                                                
4:12:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX related  confusion  about this  non-profit                                                               
issue because HB  184 read that a non-profit  employer is exempt,                                                               
except it was  her belief that non-profit  organizations, such as                                                               
the  Elks, Moose,  and  Lion's  Clubs, were  all  subject to  the                                                               
Public Accommodations  Law.  When  first arriving in  Alaska, she                                                               
advised  that these  service clubs  exempted women.   Eventually,                                                               
the service  clubs "gave up  on their  bylaws that did  not allow                                                               
women"  because they  were losing  the Public  Accommodations Law                                                               
fight.                                                                                                                          
                                                                                                                                
MS. HOLLAND related that she was  confused by that issue as well,                                                               
and she had not heard about those situations.                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  advised that it was  when dinosaurs roamed                                                               
the earth.                                                                                                                      
                                                                                                                                
MS. HOLLAND advised that she  would research whether incidents of                                                               
this  nature  had  occurred  in  the  not-for-profit  realm,  and                                                               
advised  that  she  had  been  referring  to  the  definition  of                                                               
employer in this statute  which explicitly exempts not-for-profit                                                               
clubs,   social   fraternities,  and   religious   organizations.                                                               
Together with  the other non-resolved issue  discussed today, she                                                               
said she will research past situations and look for resolution.                                                                 
                                                                                                                                
4:14:38 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  whether it  was  Mr. Koteff's  understanding                                                               
that   non-profit   organizations   are  not   subject   to   the                                                               
jurisdiction of the Alaska State Commission on Human Rights.                                                                    
                                                                                                                                
MR. KOTEFF answered  in the affirmative.  In  response to another                                                               
question, he informed Chair Claman  that Providence Hospital is a                                                               
non-profit  employer  that  is  organized,  in  large  part,  for                                                               
charitable   purposes,  and   it   does  not   fall  within   the                                                               
jurisdiction of the Alaska Human Rights Law.                                                                                    
                                                                                                                                
4:15:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  that  in the  event  a  doctor  or                                                               
medical provider  was seeking employment at  Providence Hospital,                                                               
which happens  to be one of  the biggest employers in  the state,                                                               
that Providence  Hospital could  discriminate against  the person                                                               
for race, religion, and so forth."   Except, she commented, if it                                                               
was a "mom  and pop" grocery store, it would  be subject to civil                                                               
rights law.  She described that that was mind boggling.                                                                         
                                                                                                                                
MR.  KOTEFF answered  that Representative  LeDoux was  absolutely                                                               
correct.   The commission is  trying to  bring this issue  to the                                                               
legislature's attention  because it does  see a lot  of potential                                                               
violations falling through  the cracks.  He clarified  that he is                                                               
not saying it is Providence  Hospital, but there are "many, many,                                                               
many non-profit employers" out there.                                                                                           
                                                                                                                                
MR. KOTEFF, in addressing the  question about the various service                                                               
clubs, such  as the  American Legion or  Elks Club,  advised that                                                               
they  are  universally  non-profit and  typically  organized  for                                                               
charitable or  educational purposes.  Except,  he explained, that                                                               
only  applies  to these  organizations  when  they are  employing                                                               
people, such as the bartender.   For example, he offered, someone                                                               
who works at  the Elks Club would not be  protected, but they are                                                               
also places  of public accommodation  under the law.   Therefore,                                                               
someone who  wanted to come into  one of those clubs  as a member                                                               
of the public  would be protected because there  is no non-profit                                                               
exemption under  the public accommodation statute,  AS 18.80.230.                                                               
He explained that that is the difference.                                                                                       
                                                                                                                                
4:18:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX commented that  this is confusing because a                                                               
person cannot walk  into the Elks Club, for  example, unless they                                                               
are either a  member or a guest  of a member.   She asked whether                                                               
she was  hearing correctly  that if  a person  wants to  become a                                                               
member of  one of these service  clubs, they are subject  to this                                                               
law,  but  if  a  person  is employed  by  the  club  or  seeking                                                               
employment, they are not covered by this law.                                                                                   
                                                                                                                                
MR. KOTEFF answered, "In a nutshell, yes."                                                                                      
                                                                                                                                
REPRESENTATIVE    LEDOUX    commented,   "Well,    that's    sure                                                               
interesting."                                                                                                                   
                                                                                                                                
4:18:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred  to the discussion of  Sec. 4 and                                                               
noted that it appears to  exempt these organizations, except Sec.                                                               
6 brings  them right back  into it through  public accommodation.                                                               
He asked  about volunteers at  these non-profits  and if it  is a                                                               
public  accommodation, are  the  volunteers  covered under  these                                                               
prohibitions or do they get a pass.                                                                                             
                                                                                                                                
MR. KOTEFF  explained that  when looking at  a volunteer  for any                                                               
organization,  whether it  is non-profit  or for-profit,  the law                                                               
essentially  does  not  cover them  in  the  employment  context.                                                               
There is  a lot of caselaw  in the rest of  the country regarding                                                               
volunteers and  the commission tends  to look to that  caselaw in                                                               
enforcing   the  human   rights  laws.     An   employer/employee                                                               
relationship  depends  on  there   being  some  renumeration  for                                                               
services, and  when there is  no renumeration, there is  not that                                                               
type of relationship.   Similar to an  independent contractor who                                                               
would  not be  covered as  well, obviously  they are  more likely                                                               
working   for  payment,   but   without  that   employer/employee                                                               
relationship,  there   is  no   coverage  under   the  employment                                                               
protections of state law.                                                                                                       
                                                                                                                                
[HB 184 was held over.]                                                                                                         
                                                                                                                                
4:21:07 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 4:21 p.m.                                                                 

Document Name Date/Time Subjects
HB184 ver J 3.30.18.PDF HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Sponsor Statement 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Sectional Analysis 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-ASHRC Resolution 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Legal Memo 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-HRC State Laws 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Anch LGBT Discrimination Preliminary Report 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-2015 AK Transgender Survey 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-2010 Census 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-The Commerce of Diversity 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Memorandum, Religious Exemptions 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Williams Institute 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Letters 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Supporting Document-Public Comment 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Opposing Document-Letters & Public Comment 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 Fiscal Note HRC 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
HB184 PowerPoint 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
HB 184
SB093 ver O 3.28.18.pdf HJUD 3/28/2018 1:00:00 PM
HJUD 3/30/2018 1:00:00 PM
SB 93
SB093 Sponsor Statement 3.28.18.pdf HJUD 3/28/2018 1:00:00 PM
HJUD 3/30/2018 1:00:00 PM
SB 93
SB093 Amendment #1 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
SB 93
SB093 Amendment #1 Backup 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
SB 93
SB093 Amendment #1 HJUD Final Votes 3.30.18.pdf HJUD 3/30/2018 1:00:00 PM
SB 93