HB 72: "An Act relating to constitutional, civil, and human rights and providing criminal and civil penalties for violations of constitutional, civil, and human rights."
00HOUSE BILL NO. 72 01 "An Act relating to constitutional, civil, and human rights and providing criminal 02 and civil penalties for violations of constitutional, civil, and human rights." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.110 is amended to read: 05 Sec. 11.76.110. INTERFERENCE WITH CONSTITUTIONAL OR HUMAN 06 RIGHTS. (a) A person commits the crime of interference with constitutional or 07 human rights if 08 (1) the person injures, oppresses, threatens, or intimidates another 09 person with intent to deprive the other [THAT] person of, or deter the other person 10 from exercising, a right, privilege, or immunity [IN FACT] granted by the constitution 11 or laws of the United States or the state or by an ordinance of a municipality of 12 the [THIS] state; 13 (2) the person [INTENTIONALLY] injures, oppresses, threatens, or 14 intimidates another person because that person has exercised or enjoyed a right,
01 privilege, or immunity [IN FACT] granted by the constitution or laws of the United 02 States or the state or by an ordinance of a municipality of the [THIS] state; or 03 (3) under color of law, ordinance, or regulation of this state or a 04 municipality or other political subdivision of this state, the person intentionally 05 deprives another of a right, privilege, or immunity in fact granted by the constitution 06 or laws of the United States or the state or by an ordinance of a municipality of 07 the [THIS] state; or 08 (4) the person knowingly 09 (A) engages in discriminatory conduct prohibited under 10 AS 18.80; 11 (B) resists, prevents, impedes, or interferes with the State 12 Commission for Human Rights or any of its authorized representatives in 13 the performance of a duty under AS 18.80; or 14 (C) violates an order of the State Commission for Human 15 Rights. 16 (b) In a prosecution under this section, questions of law include 17 (1) whether the injury, oppression, threat, intimidation, or deprivation 18 concerns a right, privilege, or immunity granted by the constitution or laws of this 19 state; 20 (2) whether the discriminatory conduct is prohibited under 21 AS 18.80; 22 (3) the existence of a duty of the State Commission for Human 23 Rights or any of its authorized representatives; and 24 (4) whether an order of the State Commission for Human Rights 25 was valid [IS A QUESTION OF LAW]. 26 (c) Interference with constitutional or human rights is a class C felony [A 27 MISDEMEANOR]. 28 * Sec. 2. AS 18.80.145(a) is amended to read: 29 (a) When an action is brought under AS 18.80.270 [AS 22.10.020(i)], the 30 plaintiff shall serve a copy of the complaint on the State Commission for Human 31 Rights. Upon timely application, the commission may intervene as a party to the
01 action as a matter of right. If the commission certifies in writing to the court that it is 02 presently investigating or actively dealing with the act, practice, or policy of the 03 defendant giving rise to the cause of action, the court shall, at the request of the 04 commission, defer proceedings for a period of not more than 45 days or such extended 05 period as the court may allow; except that the court may enter an order or injunction 06 if necessary to prevent irreparable injury to the plaintiff. 07 * Sec. 3. AS 18.80.145(d) is amended to read: 08 (d) If the commission does not intervene or file a certificate and conduct a 09 hearing as provided in this section, the court has complete jurisdiction of the case [, 10 NOTWITHSTANDING THE PROVISIONS OF AS 18.80.280]. 11 * Sec. 4. AS 18.80.220(a)(4) is amended to read: 12 (4) an employer, labor organization, or employment agency to 13 discharge, expel, or otherwise discriminate against a person because the person has 14 opposed any practices forbidden under AS 18.80.200 - 18.80.270 [AS 18.80.200 - 15 18.80.280] or because the person has filed a complaint, testified, or assisted in a 16 proceeding under this chapter; 17 * Sec. 5. AS 18.80.255 is amended by adding new subsections to read: 18 (b) It is unlawful for the state, or a political subdivision of the state, or an 19 official, employee, or agency of the state, or of a political subdivision of the state, to 20 sponsor or organize a meeting or other activity the purpose of which is related to state 21 business, including an athletic competition, in an establishment or facility that does not 22 afford full membership rights and privileges to a person because of sex, race, creed, 23 color, religion, ancestry, national origin, or physical or mental disability. This 24 subsection does not apply to the state, or a political subdivision of the state, or an 25 official, employee, or agent of the state, or of a political subdivision of the state, acting 26 in the course of law enforcement or other required investigations or inspections. 27 (c) Money of the state or a political subdivision of the state may not be 28 expended in connection with a meeting or other activity held at an establishment or 29 facility that does not afford full membership rights and privileges to a person because 30 of sex, race, creed, color, religion, ancestry, national origin, or mental or physical 31 disability. This provision does not apply to state funds expended during the course of
01 ongoing law enforcement or other required investigations or inspections. 02 (d) An official, employee, or agent of the state, or of a political subdivision 03 of the state, may not be reimbursed for dues or other expenses incurred at an 04 establishment or facility that does not afford full membership rights and privileges to 05 a person because of sex, race, creed, color, religion, ancestry, national origin, or 06 physical or mental disability. This provision does not apply to expenditures incurred 07 by an official, employee, or agent acting in the course of law enforcement or other 08 required investigations or inspections. 09 (e) This section does not apply to denial of membership rights and privileges 10 by a religious organization in order to limit membership rights and privileges to 11 persons who espouse the organization's religion or creed. This exemption applies only 12 to organizations whose primary purpose is to serve members of a particular religion. 13 (f) In this section "official" means a person who holds an elected or appointed 14 position in state government or in a political subdivision of the state. 15 * Sec. 6. AS 18.80 is amended by adding a new section to read: 16 Sec. 18.80.267. INTERFERENCE WITH ENFORCEMENT OF HUMAN 17 RIGHTS. It is unlawful for a person, the state, or a political subdivision of the state, 18 to resist or impede the commission or any of its authorized representatives in the 19 performance of a duty under this chapter or to violate an order of the commission. 20 * Sec. 7. AS 18.80.270 is repealed and reenacted to read: 21 Sec. 18.80.270. CIVIL ACTIONS. A person who is injured or aggrieved by an 22 act, practice, or policy that is prohibited under this chapter may apply to a court of 23 competent jurisdiction for relief and may maintain a class action as allowed under 24 applicable rules of court. The court may enjoin an act, practice, or policy that is 25 illegal under this chapter and may order other relief, including awards of compensatory 26 and punitive damages, that is appropriate. 27 * Sec. 8. AS 47.30.835(a) is amended to read: 28 (a) A person may not deny to a person who is undergoing evaluation or 29 treatment under AS 47.30.660 - 47.30.915 a civil right, including but not limited to, 30 the right to free exercise of religion and the right to dispose of property, sue and be 31 sued, enter into contractual relationships, and vote. A person who violates this
01 subsection may be prosecuted for [COMMITS THE CRIME OF] interference with 02 constitutional or human rights under AS 11.76.110. 03 * Sec. 9. AS 18.80.280 and AS 22.10.020(i) are repealed.