Legislature(2017 - 2018)BUTROVICH 205

03/31/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
01:30:59 PM Start
01:31:29 PM SB72
03:00:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 72 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT. TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         March 31, 2017                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Natasha von Imhof, Vice Chair                                                                                           
Senator Cathy Giessel                                                                                                           
Senator Tom Begich                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 72                                                                                                              
"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                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 72                                                                                                                   
SHORT TITLE: DISCRIMINATION: GENDER ID.; SEXUAL ORIENT.                                                                         
SPONSOR(s): SENATOR(s) GARDNER                                                                                                  
                                                                                                                                
03/01/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/17       (S)       HSS, JUD, FIN                                                                                          
03/31/17       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR BERTA GARDNER                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 72.                                                                                         
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Senator Berta Gardner                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional analysis for SB 72.                                                                  
                                                                                                                                
MARTI BUSCAGLIA, Executive Director                                                                                             
Alaska Commission for Human Rights                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed a resolution passed by the                                                                      
commission in support of SB 72.                                                                                                 
                                                                                                                                
JUDY ANDICE, advocate                                                                                                           
League of Women Voters                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
TERESA KENNEDY, employee                                                                                                        
National Gay and Lesbian Chamber of Commerce                                                                                    
Washington, D.C.                                                                                                                
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
LIN DAVIS, advocate                                                                                                             
Southeast Alaska Gay and Lesbian Alliance                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
ALYSON CURREY, advocate                                                                                                         
Planned Parenthood Votes Northwest and Hawaii                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
CASSANDRA BROWN, representing self                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
EMO LEE, representing self                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
CARMEN LOWRY, Executive Director                                                                                                
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
JIM MINNERY, President                                                                                                          
Alaska Family Council                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition of SB 72.                                                                         
                                                                                                                                
MARINA DAY, representing self                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
MELANIE LINDHOLM, representing self                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
KATHY OTTERSTEN, representing self                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
MORGAN LIM, representing self                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
LESLIE FAILS, Minister                                                                                                          
Unitarian Universalist Fellowship of Fairbanks                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
RONALD CASTO, representing self                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
PHIL OSBORN, representing self                                                                                                  
Unitarian Universalist Fellowship of Fairbanks                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
DR. EMILY OLSEN, M.D., representing self                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
DANIEL STICH, representing self                                                                                                 
Two Rivers, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
HAYDEN NEVILL, Founder                                                                                                          
Gender Pioneers                                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
ELIZABETH LYKE, representing self                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
RUDY POGLITSH, representing self                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in opposition of SB 72.                                                                         
                                                                                                                                
MICHAEL BURKE, Pastor                                                                                                           
St. Mary's Church Anchorage                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
REBECCA DUNNE, representing self                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
LINDSEY PARKINSON, representing self                                                                                            
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
DAVID KREISS-TOMKINS, representing self                                                                                         
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
ALYSSA QUINTYNE, representing self                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
MARTIN ELDRED, Pastor                                                                                                           
Joy Lutheran Church                                                                                                             
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
BILLY FARWELL, Executive Director                                                                                               
Identity Alaska                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
COLLEEN HEANEY-MEAD, advocate                                                                                                   
Growing Alaska Leaders                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
EMILY KLOC, representing self                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
GENEVIEVE HOLUKI, representing self                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 72.                                                                           
                                                                                                                                
MIKE COONS, representing self                                                                                                   
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition of SB 72.                                                                         
                                                                                                                                
PAIGE POSTIN, representing self                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
BROOKS BANKER, Youth Program Manager                                                                                            
Alaska Identity                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 72.                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:59 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:30 p.m.  Present at the                                                               
call  to order  were  Senators Begich,  von  Imhof, Giessel,  and                                                               
Chair Wilson.                                                                                                                   
                                                                                                                                
                                                                                                                                
      SB 72-DISCRIMINATION: GENDER ID.; SEXUAL ORIENTATION                                                                  
                                                                                                                                
1:31:29 PM                                                                                                                    
CHAIR WILSON announced the consideration of SB 72.                                                                              
                                                                                                                                
1:31:41 PM                                                                                                                    
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,                                                                
sponsor of SB 72, spoke to the following sponsor statement:                                                                     
                                                                                                                                
     Senate Bill 72  is very important to  me personally and                                                                    
     I think probably many of  us have relatives and friends                                                                    
     who would be protected  under these provisions. Article                                                                    
     I in Alaska's constitution  says, "This constitution is                                                                    
     dedicated  to the  principles that  all  people have  a                                                                    
     natural  right   to  life,  liberty,  the   pursuit  of                                                                    
     happiness, and  the enjoyment of  the rewards  of their                                                                    
     own industry,  that all persons are  equal and entitled                                                                    
     to  equal rights,  opportunities, and  protection under                                                                    
     the  law,  and  that  all  persons  have  corresponding                                                                    
     obligations to people in the state."                                                                                       
                                                                                                                                
     Alaska   human  rights   statute  currently   prohibits                                                                    
     discrimination  in  employment,  housing,  and  banking                                                                    
     based  on  race,  religion, color,  national  ancestry,                                                                    
     physical or mental disability, age  or sex. Senate Bill                                                                    
     72  would add  to that  list, "Discrimination  based on                                                                    
     sexual  orientation,  gender identity  or  expression;"                                                                    
     under current  statute Alaskans are not  protected from                                                                    
     discrimination of this kind.                                                                                               
                                                                                                                                
     Historically  the  state  of Alaska  has  been  on  the                                                                    
     forefront   of   advocating   for  civil   rights   and                                                                    
     instituting   measures   that   embrace   our   state's                                                                    
     diversity, and currently  Anchorage, Juneau, and Bethel                                                                    
     have ordinances similar to  this legislation, and state                                                                    
     employees are also  protected from discrimination based                                                                    
     on  their gender  identity  and expression.  Twenty-one                                                                    
     other states  have passed  legislation similar  to this                                                                    
     and the  Alaska State  Commission for Human  Rights has                                                                    
     passed  a  resolution  in  favor  of  including  sexual                                                                    
     orientation and gender identity to the protections.                                                                        
                                                                                                                                
     I think  that the  time to afford  civil rights  to all                                                                    
     Alaskans,  regardless of  gender orientation,  identity                                                                    
     or expression,  is now. National studies  estimate that                                                                    
     three  to  four percent  of  the  U.S. population  self                                                                    
     identifies as  lesbian, bisexual, transsexual,  or gay.                                                                    
     A 2011  survey specifically for Alaska  estimates about                                                                    
     3.5  percent of  our state,  but  in a  way the  actual                                                                    
     numbers are  irrelevant. In  suicide prevention  we say                                                                    
     that even one  is too many and I think  that also holds                                                                    
     true for  any civil  rights violations. It's  my belief                                                                    
     that sexual orientation,  gender identity or expression                                                                    
     should  not  interfere  with:  any  person's  right  to                                                                    
     expect fair  treatment under the law,  a person's right                                                                    
     to live  free of  abuse and discrimination,  a person's                                                                    
     right   to   employment,    to   housing,   to   public                                                                    
     accommodations,  and  to   banking  services  that  are                                                                    
     available  to   everybody  else;  Alaskans   today  are                                                                    
     sometimes  denied  those  rights on  account  of  their                                                                    
     orientation, identity or expression.                                                                                       
                                                                                                                                
     It's  also an  economic issue,  the Anchorage  Economic                                                                    
     Development    Corporation's   "Live.    Work.   Play."                                                                    
     initiative says  this, "The job market  is changing, it                                                                    
     is no longer  people going where the  jobs are, instead                                                                    
     people go  where they  want to live,  and the  jobs are                                                                    
     going where  the people are. Today's  talent is looking                                                                    
     for  a city  that's  aesthetically pleasing,  welcoming                                                                    
     and  open   to  diversity."  The  "One   Anchorage  One                                                                    
     Economy"  team is  proud to  support the  city's second                                                                    
     annual   "Welcoming  Week   in  Anchorage,"   that  was                                                                    
     September in  2016, and  Anchorage is  a member  of the                                                                    
     National  Welcoming  Cities Initiative.  The  Anchorage                                                                    
     Economic Development  Corporation unanimously supported                                                                    
     the  LGBT equal  rights  ordinance  in Anchorage.  Many                                                                    
     companies  support   similar  policies   and  institute                                                                    
     internal policies  for economic purposes, and  as polls                                                                    
     and  testimony reveal  their support  for this  measure                                                                    
     from   Alaskans   of   all   identities,   orientation,                                                                    
     religious affiliations, and political parties.                                                                             
                                                                                                                                
     At  no cost  to the  state,  this bill  if passed  will                                                                    
     strengthen  civil rights  statutes and  include one  of                                                                    
     the  fastest growing,  vibrant and  economically active                                                                    
     communities  in Alaska.  The  2010  U.S. Census  showed                                                                    
     that LGBT households in Alaska  grew by 57 percent over                                                                    
     the previous  decade. It's time  for the state  to take                                                                    
     this in  hand, live  up to our  constitution, and  be a                                                                    
     human rights state where people  are equal, entitled to                                                                    
     equal rights, opportunities, and protections.                                                                              
                                                                                                                                
1:37:05 PM                                                                                                                    
MEGAN  HOLLAND,  Staff,  Senator   Berta  Gardner,  Alaska  State                                                               
Legislature, Juneau, Alaska,  said SB 72 is an act  adding to the                                                               
powers  and  duties of  the  Alaska  State Commission  for  Human                                                               
Rights and  relating to and  prohibiting discrimination  based on                                                               
sexual orientation or gender identity or expression.                                                                            
                                                                                                                                
She reviewed the following sectional analysis for SB 72:                                                                        
                                                                                                                                
Section 1:                                                                                                                  
Amends AS 18.80.060 regarding the  powers and duties of the Human                                                               
Rights Commission.  The section adds "sexual  orientation, gender                                                               
identity or  expression" to the  list of categories  that include                                                               
race,  religion, color,  national  ancestry,  physical or  mental                                                               
disability, age, sex, marital status,  changes in marital status,                                                               
pregnancy, or parenthood.                                                                                                       
                                                                                                                                
Section 2:                                                                                                                  
Amends AS  18.80.200 to add "sexual  orientation, gender identity                                                               
or expression"  to the  list of  discriminations which  are cause                                                               
for  public concern  and the  need to  prevent discrimination  in                                                               
employment,    credit    and    financing    practices,    public                                                               
accommodations and sale, lease or rental of real property.                                                                      
                                                                                                                                
Section 3:                                                                                                                  
Amends AS  18.80.210 to add "sexual  orientation, gender identity                                                               
or expression" to the categories of protected civil rights.                                                                     
                                                                                                                                
Section 4:                                                                                                                  
Amends AS  18.80.220 to add "sexual  orientation, gender identity                                                               
or expression"  to the  prohibitions against  unlawful employment                                                               
practices.                                                                                                                      
                                                                                                                                
Section 5:                                                                                                                  
Amends AS  18.80.230 to add "sexual  orientation, gender identity                                                               
or expression" to the prohibitions  against unlawful practices in                                                               
public accommodations.                                                                                                          
                                                                                                                                
Section 6:                                                                                                                  
Amends AS  18.80.240 to add "sexual  orientation, gender identity                                                               
or expression" to the prohibitions  against unlawful practices in                                                               
the sale or rental of real property.                                                                                            
                                                                                                                                
Section 7:                                                                                                                  
Amends AS 18.80.250 to add  "sexual orientation, gender identity,                                                               
or expression" to the prohibitions  against unlawful practices in                                                               
extending credit.                                                                                                               
                                                                                                                                
Section 8:                                                                                                                  
Amends AS 18.80.255 to add  "sexual orientation, gender identity,                                                               
or expression" to the prohibitions  against unlawful practices by                                                               
the state or its political subdivisions.                                                                                        
                                                                                                                                
Section  9:  Amends  AS 18.80.300  to  add  "sexual  orientation,                                                           
gender  identity,  or  expression" to  the  prohibitions  against                                                               
unlawful  practices  in  blockbusting,  or practices  by  a  real                                                               
estate agents to close a transaction.                                                                                           
                                                                                                                                
Section 10:  Amends AS  18.80.300 to  add definitions  of "gender                                                           
identity  or  expression,"  and "sexual  orientation"  to  Alaska                                                               
statute.                                                                                                                        
                                                                                                                                
CHAIR  WILSON  asked Marti  Buscaglia  to  address the  committee                                                               
regarding the Alaska Commission for Human Rights.                                                                               
                                                                                                                                
1:40:44 PM                                                                                                                    
MARTI BUSCAGLIA, Executive Director,  Alaska Commission for Human                                                               
Rights,  Anchorage, explained  that  the commission's  resolution                                                               
calls on the  Legislature to revise the Alaska  Human Rights Law,                                                               
AS 18.80, as follows:                                                                                                           
                                                                                                                                
   · Expressly prohibit discrimination on the basis of sexual                                                                   
     orientation or gender identity and expression.                                                                             
   · Requests staff to work with the Department of law to draft                                                                 
     proposed   regulations    addressing   the    inclusion   of                                                               
     prohibition against  discrimination on  the basis  of sexual                                                               
     orientation  or  gender  identity  under  the  existing  law                                                               
     prohibiting sexual discrimination.                                                                                         
   · Consider the administrative application of the Education                                                                   
     Law  Center's  (ELC) interpretation  of  Title  VII of  1964                                                               
     Civil  Rights Act  prohibiting employment  discrimination on                                                               
     the basis  of sexual orientation  and or gender  identity or                                                               
     expression.                                                                                                                
                                                                                                                                
MS. BUSCAGLIA  explained that the  commission is in the  stage of                                                               
actually drafting the language, but  the commission's belief is a                                                               
statute change  would send  a stronger  statement of  the state's                                                               
position   on  anti-discrimination.   She   disclosed  that   the                                                               
commission  has a  long history  of supporting  equal rights  and                                                               
noted that  the state has also  been a leader in  adopting strong                                                               
civil rights  protections. She set  forth that  strengthening the                                                               
state's statute to protect people  in the lesbian, gay, bisexual,                                                               
and  transgender  (LGBT)  community  would be  part  of  Alaska's                                                               
strong advocacy of civil rights.                                                                                                
                                                                                                                                
CHAIR WILSON asked  Ms. Buscaglia to confirm  that the commission                                                               
is working on amending the process through regulations.                                                                         
                                                                                                                                
MS. BUSCAGLIA answered yes.                                                                                                     
                                                                                                                                
1:44:24 PM                                                                                                                    
SENATOR  BEGICH  asked  Senator   Garner  what  are  the  current                                                               
discrimination   rates  in   Alaska  on   the  basis   of  sexual                                                               
orientation or gender identity and expression.                                                                                  
                                                                                                                                
SENATOR  GARDNER   explained  that  previously  when   a  similar                                                               
resolution had  a public hearing  there was testimony  that there                                                               
was not  a problem with  discrimination in Alaska.  She disclosed                                                               
that her answer to the remark  that the was no discrimination was                                                               
that without a  protected class, people cannot  bring a complaint                                                               
and  therefore the  data is  not  collected by  the Human  Rights                                                               
Commission  because  they have  no  jurisdiction  over that.  She                                                               
remarked that it  is hard to know exactly what  rates are because                                                               
there  are not  charges or  any allegations;  however, there  has                                                               
been  some research  that makes  estimates. He  said Ms.  Holland                                                               
will provide additional information.                                                                                            
                                                                                                                                
MS.  HOLLAND  disclosed that  data  from  other states  has  been                                                               
provided  to  committee members.  She  pointed  out that  a  2011                                                               
survey in  Anchorage showed  significant rates  of discrimination                                                               
in  employment, public  accommodations,  housing, and  financing.                                                               
She detailed  that the 2011  survey indicated that 21  percent of                                                               
LGBT people  in Anchorage  reported being turned  down for  a job                                                               
that they  were otherwise qualified  for because of  their sexual                                                               
orientation  or gender  identity, 15  percent report  being fired                                                               
because of their  orientation or gender identity,  and 73 percent                                                               
report  hiding their  sexual orientation  or  gender identity  at                                                               
work to avoid discrimination.                                                                                                   
                                                                                                                                
1:47:04 PM                                                                                                                    
SENATOR BEGICH  called attention  to a  census snapshot  from the                                                               
Williams  Institute  on the  prevalence  of  same-sex couples  in                                                               
Alaska. He addressed  Ms. Holland's testimony on  the 2011 survey                                                               
and shared  an example of sexual-orientation  discrimination that                                                               
occurred within  his family  in Anchorage.  He remarked  that the                                                               
bill  would have  a  direct  impact on  his  family  and noted  a                                                               
possible conflict. He said a movement  is going on where a lot of                                                               
national companies  have moved forward  on their own  to prohibit                                                               
discrimination  and some  will not  do business  in states  where                                                               
discrimination   happens.   He   pointed  out   that   with   the                                                               
discrimination-policy  movement going  on, he  asked why  a state                                                               
law is needed.                                                                                                                  
                                                                                                                                
MS.  HOLLAND  replied that  although  there  is a  prevalence  of                                                               
internal policies  within private industries to  give protections                                                               
to individuals,  the protections typically only  cover employment                                                               
areas. She  set forth that  the bill's sponsor believes  that the                                                               
bill  is absolutely  necessary because  the  extent of  someone's                                                               
civil rights should not be  contingent on their employer or where                                                               
they live. She  said the civil rights for all  Alaskans should be                                                               
protected.                                                                                                                      
                                                                                                                                
1:49:43 PM                                                                                                                    
CHAIR WILSON asked how the bill affects religious institutions.                                                                 
                                                                                                                                
MS. HOLLAND answered that the  bill's intent language simply adds                                                               
an  additional protective  class,  so the  same expectations  and                                                               
legal requirements that are applied  to religious institutions on                                                               
behalf  of  someone's  gender,  race,  or  marital  status  still                                                               
applies.  She noted  that there  was  a Supreme  Court case  that                                                               
created the "ministerial  exception" where religious institutions                                                               
are exempt from anti-discriminatory policies  related to the area                                                               
of employment.  She noted that religious  institutions would have                                                               
to  uphold  their current  requirements  not  to discriminate  in                                                               
areas such as housing and public accommodation.                                                                                 
                                                                                                                                
1:51:15 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 72.                                                                                  
                                                                                                                                
SENATOR GARDNER  asked permission to read  three testimonies into                                                               
the record.                                                                                                                     
                                                                                                                                
1:52:15 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
1:52:50 PM                                                                                                                    
CHAIR WILSON called the committee back to order.                                                                                
                                                                                                                                
SENATOR  GARDNER directed  attention to  three e-mails  from Mary                                                               
Parker,  Donald Johnson,  and Paige  Hodson. She  noted that  Ms.                                                               
Hodson's  written testimony  describes  her  son's experience  in                                                               
Alaska and how he ultimately left the state.                                                                                    
                                                                                                                                
1:54:09 PM                                                                                                                    
JUDY ANDICE,  advocate, League of  Women Voters,  Juneau, Alaska,                                                               
testified in support  of SB 72. She set forth  that the League of                                                               
Women  Voters  of  the  United States  believes  in  equality  in                                                               
education, housing, and employment  for all persons regardless of                                                               
their  race,  color,  gender,  religion,  national  origin,  age,                                                               
sexual orientation, or disability.                                                                                              
                                                                                                                                
1:55:52 PM                                                                                                                    
TERESA  KENNEDY, employee,  National Gay  and Lesbian  Chamber of                                                               
Commerce, Washington,  D.C., testified in  support of SB  72. She                                                               
revealed that she  is a former resident of Alaska.  She set forth                                                               
that  Alaska is  failing  by  not including  LGBT  people in  the                                                               
state's nondiscrimination laws.                                                                                                 
                                                                                                                                
1:59:50 PM                                                                                                                    
LIN DAVIS,  advocate, Southeast Alaska  Gay and  Lesbian Alliance                                                               
(SEAGLA),  Juneau, Alaska,  testified in  support of  SB 72.  She                                                               
revealed that  she is  a married  lesbian and  has been  with her                                                               
wife for  27 years. She  disclosed that  her wife is  a physician                                                               
and  a member  of the  Alaska  Academy of  Family Physicians  and                                                               
noted that  the academy strongly  supports LGBT  protections. She                                                               
said the American Academy of  Family Physicians have studied that                                                               
communities are  healthier when young  people feel they  can grow                                                               
up to be who they are meant to be.                                                                                              
                                                                                                                                
2:02:44 PM                                                                                                                    
ALYSON CURREY,  advocate, Planned Parenthood Votes  Northwest and                                                               
Hawaii, Juneau, Alaska,  testified in support of SB  72. She said                                                               
as a health-care provider, SB 72  is legislation that is good for                                                               
public health and  good for business. She set forth  that each of                                                               
us  should  be free  to  build  loving relationships  and  create                                                               
families   without  discrimination   based  on   an  individual's                                                               
personal-private lives.                                                                                                         
                                                                                                                                
2:03:54 PM                                                                                                                    
CASSANDRA BROWN, representing self,  Juneau, Alaska, testified in                                                               
support of SB 72.  She read a letter of support of  SB 72 from an                                                               
individual that was not in attendance.                                                                                          
                                                                                                                                
2:07:27 PM                                                                                                                    
EMO LEE, representing self, Juneau,  Alaska, testified in support                                                               
of SB  72. She set  forth that she  is transgender, a  human, and                                                               
expects as  an American  citizen to be  afforded the  respect and                                                               
protection  of the  law afforded  in  theory to  all other  human                                                               
beings.                                                                                                                         
                                                                                                                                
2:10:02 PM                                                                                                                    
CARMEN  LOWRY, Executive  Director,  Alaska  Network on  Domestic                                                               
Violence and  Sexual Assault (ANDVSA), Juneau,  Alaska, testified                                                               
in support of SB 72. She  set forth that ANDVSA fully supports SB
72  that  upholds  the  civil and  human  rights  of  individuals                                                               
regardless  of  their  sexual  orientation,  gender  identity  or                                                               
gender expression.                                                                                                              
                                                                                                                                
2:13:41 PM                                                                                                                    
JIM  MINNERY,   President,  Alaska  Family   Council,  Anchorage,                                                               
Alaska, testified in  opposition of SB 72. He  said the thousands                                                               
that the  Alaska Family Council represents  cherishes the freedom                                                               
to peacefully  express and live by  its religious, philosophical,                                                               
and political beliefs. He remarked that  laws like SB 72 are used                                                               
by the government  to compel citizens to  sacrifice their deepest                                                               
convictions on marriage and what it means to be male and female.                                                                
                                                                                                                                
2:16:30 PM                                                                                                                    
MARINA DAY,  representing self,  Fairbanks, Alaska,  testified in                                                               
support  of SB  72. She  asked that  "Sexual orientation,  gender                                                               
identity or expression" be added to the Alaska Human Rights Law.                                                                
                                                                                                                                
2:18:32 PM                                                                                                                    
MELANIE   LINDHOLM,   representing   self,   Fairbanks,   Alaska,                                                               
testified in  support of  SB 72.  She revealed  that she  and her                                                               
fiance  have both  experienced  discrimination  because of  their                                                               
identity,  especially  in employment.  She  said  her fiance  was                                                               
fired  for  being  transgender  and  she  was  denied  employment                                                               
because her fiance is transgender.                                                                                              
                                                                                                                                
2:19:15 PM                                                                                                                    
KATHY OTTERSTEN, representing  self, Fairbanks, Alaska, testified                                                               
in support  of SB  72. She said  she spoke in  favor of  the bill                                                               
specifically as someone who has  a lifetime of being valueless in                                                               
society. She revealed her personal  information to the committee.                                                               
She  beseeched the  committee  to  have the  courage  to make  an                                                               
affirmative statement that all persons have value.                                                                              
                                                                                                                                
2:21:25 PM                                                                                                                    
MORGAN LIM,  representing self,  Fairbanks, Alaska,  testified in                                                               
support of SB 72. He said he  was surprised to learn that the law                                                               
in Alaska allows  someone to be discriminated  against because of                                                               
their sexual  orientation. He revealed that  he is a gay  man and                                                               
remarked  that  he  is  personally putting  himself  at  risk  of                                                               
eviction  if his  landlord finds  out  that he  is testifying  in                                                               
support of  SB 72. He  set forth that  no person should  have the                                                               
fear  of  eviction  or termination  of  employment  because  when                                                               
testifying to legislators on an issue that is important to them.                                                                
                                                                                                                                
2:22:41 PM                                                                                                                    
LESLIE  FAILS,  Minister,  Unitarian Universalist  Fellowship  of                                                               
Fairbanks, Fairbanks, Alaska, testified in  support of SB 72. She                                                               
stated that  she is in favor  of equal rights for  all people and                                                               
asked for  support in SB  72 to  make positive changes  that will                                                               
allow both people of faith and Alaskans to move forward.                                                                        
                                                                                                                                
2:23:58 PM                                                                                                                    
RONALD CASTO, representing self,  Fairbanks, Alaska, testified in                                                               
support  of SB  72. He  revealed that  he is  gay and  shared his                                                               
discriminatory employment  experiences. He set forth  that having                                                               
the  law  on his  side  is  important  to  him because  laws  are                                                               
reflective of the values and morals of Alaskans.                                                                                
                                                                                                                                
2:25:10 PM                                                                                                                    
PHIL   OSBORN,   representing    self,   Unitarian   Universalist                                                               
Fellowship of Fairbanks, Fairbanks,  Alaska, testified in support                                                               
of SB 72.  He set forth that it  is well past time to  put to bed                                                               
the issue with discrimination on  the basis of sexual orientation                                                               
or  gender  identity  and expression.  He  asked  that  religious                                                               
people remember to, "Love thy neighbor as thyself."                                                                             
                                                                                                                                
2:26:56 PM                                                                                                                    
DR.  EMILY OLSEN,  M.D.,  representing  self, Anchorage,  Alaska,                                                               
testified in support  of SB 72. She referenced  a policy position                                                               
paper from the American College  of Physicians (ACP) in regard to                                                               
LGBT health  disparities. She detailed  that ACP  recommends that                                                               
gender  identity, independent  and  fundamentally different  from                                                               
sexual orientation, be included  as part of nondiscrimination and                                                               
anti-harassment policies.                                                                                                       
                                                                                                                                
2:28:39 PM                                                                                                                    
DANIEL STICH,  representing self,  Two Rivers,  Alaska, testified                                                               
in support  of SB  72. He revealed  that he is  gay and  shared a                                                               
personal  event where  discriminatory  employment and  habitation                                                               
events occurred due to his sexual orientation.                                                                                  
                                                                                                                                
2:30:17 PM                                                                                                                    
HAYDEN  NEVILL,  Founder,  Gender  Pioneers,  Fairbanks,  Alaska,                                                               
testified  in  support  of  SB  72. He  revealed  that  he  is  a                                                               
transgender man.  He set forth  that protecting gay,  lesbian and                                                               
transgender people in  housing and employment is  the right thing                                                               
to do.                                                                                                                          
                                                                                                                                
2:32:24 PM                                                                                                                    
ELIZABETH LYKE,  representing self, Fairbanks,  Alaska, testified                                                               
in  support of  SB 72.  He disclosed  that she  is a  transgender                                                               
woman and the  bill is very important to her.  She said Alaska is                                                               
an  amazing  place  to  live,  but  not  having  protection  from                                                               
discrimination  on  the basis  of  sexual  orientation or  gender                                                               
identity and expression is a glaring  way that the state has more                                                               
work to do.                                                                                                                     
                                                                                                                                
2:33:55 PM                                                                                                                    
RUDY POGLITSH,  representing self, Wasilla, Alaska,  testified in                                                               
opposition of  SB 72.  He opined  that making  sexual orientation                                                               
and  gender   identity  or  expression   protected-legal  classes                                                               
endangers women.  He opined that  SB 72 will allow  sex offenders                                                               
to  prey on  women  and  girls by  providing  access to  intimate                                                               
places.                                                                                                                         
                                                                                                                                
2:35:16 PM                                                                                                                    
MICHAEL BURKE,  Pastor, St.  Mary's Church  Anchorage, Anchorage,                                                               
Alaska, testified  in support of SB  72. He revealed that  he has                                                               
seen  at  least a  dozen  cases  in  Alaska that  were  clear-cut                                                               
examples of discrimination against  people that were gay, lesbian                                                               
or transgender.                                                                                                                 
                                                                                                                                
2:38:05 PM                                                                                                                    
REBECCA  DUNNE, representing  self, Fairbanks,  Alaska, testified                                                               
in  support of  SB  72.  She revealed  that  she  is lesbian  and                                                               
married to  a transgender man.  She remarked  that discrimination                                                               
in  housing and  the work  place is  more prevalent  because LGBT                                                               
have become  more visible and  are living more honest  lives. She                                                               
said Alaska  has a  patchwork of  municipal protections,  but her                                                               
landlord  in  Fairbanks  could  still  evict  her  for  being  or                                                               
appearing  gay and  her husband  could be  fired at  his job  for                                                               
being  or appearing  transgender. She  set  forth that  SB 72  is                                                               
about fairness and will protect thousands of Alaskans.                                                                          
                                                                                                                                
2:39:12 PM                                                                                                                    
LINDSEY   PARKINSON,   representing  self,   Fairbanks,   Alaska,                                                               
testified  in support  of  SB  72. She  set  forth that  everyone                                                               
should be supported and protected.                                                                                              
                                                                                                                                
2:40:05 PM                                                                                                                    
DAVID  KREISS-TOMKINS,  representing   self,  Fairbanks,  Alaska,                                                               
testified in support of SB 72.  He remarked that LGBT people have                                                               
long  been   discriminated  against   in  Alaska.  He   said  the                                                               
legislation in SB 72 should have  been passed a long time ago. He                                                               
noted that his background included  working in shelters and noted                                                               
that people who  identify as gay and lesbian typically  end up in                                                               
shelters more often.                                                                                                            
                                                                                                                                
2:42:14 PM                                                                                                                    
ALYSSA QUINTYNE, representing  self, Fairbanks, Alaska, testified                                                               
in support of SB  72. She said SB 72 is  the long anticipated and                                                               
well needed protection for the LGBT community in Alaska.                                                                        
                                                                                                                                
2:44:18 PM                                                                                                                    
MARTIN ELDRED, Pastor, Joy Lutheran  Church, Eagle River, Alaska,                                                               
testified in support  of SB 72. He stated that  as a faith leader                                                               
in his  community, he has  witnessed the heartbreak  of injustice                                                               
as good,  law abiding,  taxpaying Alaskans  have been  fired from                                                               
their  jobs after  their bosses  discovered an  employee's sexual                                                               
orientation.  He  added that  some  people  have been  unable  to                                                               
secure  housing due  to discrimination  as well.  He pointed  out                                                               
that same-gender  marriage is legal in  Alaska, but unfortunately                                                               
it is  still legal  to fire  or deny housing  to someone  for how                                                               
they were created and or for whom they love.                                                                                    
                                                                                                                                
2:46:21 PM                                                                                                                    
BILLY  FARWELL, Executive  Director, Identity  Alaska, Anchorage,                                                               
Alaska,  testified  in  support  of  SB  72.  He  disclosed  that                                                               
Identity  Alaska's mission  is to  advance  the state's  lesbian,                                                               
gay, bisexual, transgender, and  queer (LGBTQ) community. He said                                                               
Identity  Alaska envisions  a  world where  all  Alaskans can  be                                                               
their  authentic self  in their  community and  still feel  safe,                                                               
supported, and welcomed. He remarked  that much progress has been                                                               
made with  the LGBTQ community in  recent times, but the  fear of                                                               
discrimination is  still very  real for  many Alaskans  today. He                                                               
pointed out  that LGBTQ people  living in Anchorage,  Juneau, and                                                               
city   employees  in   Bethel   have  basic,   non-discrimination                                                               
protections;  however, the  majority of  Alaskan residents  still                                                               
live in communities without  legal protection from discrimination                                                               
due to one's sexual orientation  or gender identity. He set forth                                                               
that discrimination  is not an  Alaskan value  and it is  time to                                                               
make those values law.                                                                                                          
                                                                                                                                
2:48:47 PM                                                                                                                    
COLLEEN   HEANEY-MEAD,   advocate,    Growing   Alaska   Leaders,                                                               
Anchorage, Alaska,  testified in support  of SB 72. She  said the                                                               
hope is  in making  discrimination against  members of  the LGBTQ                                                               
illegal at the state level, and  Alaskans will make it clear that                                                               
hate has no home in Alaska.                                                                                                     
                                                                                                                                
2:50:54 PM                                                                                                                    
EMILY KLOC,  representing self,  Anchorage, Alaska,  testified in                                                               
support  of SB  72. She  disclosed that  she is  a queer  citizen                                                               
living  in Anchorage.  She  revealed  that 20  to  40 percent  of                                                               
youths who  are gay and transgender  are homeless; the bill  is a                                                               
very crucial issue for them  in terms of housing, especially when                                                               
the  LGBT community  makes up  only  seven percent  of the  total                                                               
population. She  provided data to the  committee regarding trans-                                                               
violence in the U.S. She said  trans-queer women of color need to                                                               
be protected, accepted and embraced by Alaskans.                                                                                
                                                                                                                                
2:52:40 PM                                                                                                                    
GENEVIEVE   HOLUKI,   representing   self,   Anchorage,   Alaska,                                                               
testified in support  of SB 72. She said she  feels very saddened                                                               
that somehow "all"  has to be defined. She explained  that she is                                                               
uncomfortable that the  Supreme Court somehow seems  to feel that                                                               
religious rights can  override a civil right. She  set forth that                                                               
civil rights are what built the U.S.                                                                                            
                                                                                                                                
2:53:41 PM                                                                                                                    
MIKE  COONS,  representing  self, Palmer,  Alaska,  testified  in                                                               
opposition  of SB  72. He  referenced  crossdressing and  sexual-                                                               
identity  incidences  that  occurred with  teenaged  students  in                                                               
schools. He revealed  that he is retired, but noted  that when he                                                               
went to  work he did not  talk about his sexual  episodes because                                                               
he felt  it was not  appropriate. He  pointed out that  "at will"                                                               
should be  considered regarding employment because  he could have                                                               
been fired for any reason whatsoever.                                                                                           
                                                                                                                                
2:57:17 PM                                                                                                                    
CHAIR WILSON announced that additional  public testimony could be                                                               
given on Wednesday, April 5.                                                                                                    
                                                                                                                                
2:57:40 PM                                                                                                                    
PAIGE POSTIN, representing self,  Fairbanks, Alaska, testified in                                                               
support  of SB  72. She  referenced a  study by  the GLBTQ  Legal                                                               
Advocates and Defenders  (GLAD) that 20 percent of  adults age 18                                                               
to  34 identify  as  LGBT,  a significant  increase  from the  12                                                               
percent of adults  age 35 to 51,  or the 7 percent  of adults age                                                               
52 to  71 who  identify as LGBT.  She set forth  that now  is the                                                               
time  to protect  the civil  rights of  LGBT individuals  and act                                                               
will not lead to increased sex crimes in anyway.                                                                                
                                                                                                                                
2:58:41 PM                                                                                                                    
BROOKS   BANKER,   Youth   Program  Manager,   Alaska   Identity,                                                               
Anchorage, Alaska,  testified in support  of SB 72.   He revealed                                                               
that  he works  with LGBTQ-identified  youth  ages 13  to 19.  He                                                               
stated  that many  of the  youth who  are planning  on furthering                                                               
their education are  not considering Alaska as  much because they                                                               
don't  feel protected.  He shared  that friends  who identify  as                                                               
LGBTQ have  voiced their plans  to move their lives  to different                                                               
states in which they feel more protected.                                                                                       
                                                                                                                                
2:59:52 PM                                                                                                                    
CHAIR WILSON held SB 72 in committee with public testimony open.                                                                
                                                                                                                                
3:00:15 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Wilson adjourned  the Senate  Health  and Social  Services                                                               
Committee at 3:00 p.m.                                                                                                          

Document Name Date/Time Subjects
SB072 ver. A.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Sectional Analysis.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Fiscal Note - OGHRC.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Legal Memo-Sex Definition.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Census2010Snapshot_Alaska_v2.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Employment-Discrimination-Complaints-2008-2014.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Housing-Discrimination-Complaints-2008-2014.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Public-Accommodations-Discrimination-Complaints-2008-2014.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Supporting Document - Anch LGBT Discrimination Preliminary Report.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Supporting Document - Anch Ordinance.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Supporting Document - Bethel Ordinance.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
Ministerial exception summary.docx SHSS 3/31/2017 1:30:00 PM
SB 72
SB702 - Supporting Document - HRC BCWF.pdf SHSS 3/31/2017 1:30:00 PM
SB 702
SB072 - Supporting Document - The Commerce of Diversity.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB072 - Sponsor Statement.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB 72 Support AARP.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB 72 Wilson Support 1.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB 72 Wilson Support 2.PDF SHSS 3/31/2017 1:30:00 PM
SB 72
SB 72 Wilson Support 3.pdf SHSS 3/31/2017 1:30:00 PM
SB 72
SB 72 Wilson Oppose 1.pdf SHSS 3/31/2017 1:30:00 PM
SB 72