HB 181: "An Act renaming the State Commission for Human Rights the Alaska State Commission for Civil Rights; relating to removal of commissioners of the Alaska State Commission for Civil Rights; relating to reports from the Alaska State Commission for Civil Rights; relating to the definition of 'employer' for the purposes of the Alaska State Commission for Civil Rights; and relating to local civil rights commissions."
00 HOUSE BILL NO. 181 01 "An Act renaming the State Commission for Human Rights the Alaska State 02 Commission for Civil Rights; relating to removal of commissioners of the Alaska State 03 Commission for Civil Rights; relating to reports from the Alaska State Commission for 04 Civil Rights; relating to the definition of 'employer' for the purposes of the Alaska State 05 Commission for Civil Rights; and relating to local civil rights commissions." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.80.010 is amended to read: 08 Sec. 18.80.010. Creation. There is created in the office of the governor an 09 Alaska [A] State Commission for Civil [HUMAN] Rights. 10 * Sec. 2. AS 18.80.020 is amended by adding a new subsection to read: 11 (b) The governor may remove a commissioner from office for cause. For 12 purposes of this subsection, cause includes incompetence, neglect of duty, and 13 misconduct in office, and public statements and public or private actions that
01 undermine the commission's work or violate this chapter. To remove a commissioner 02 for cause, the governor shall provide a copy of the charges to the commissioner and 03 offer an opportunity for the commissioner to be publicly heard in person, or by 04 counsel, in the commissioner's defense, upon not less than 10 days' notice. If a 05 commissioner is removed for cause, the governor shall file with the lieutenant 06 governor a complete statement of all charges made against the commissioner and the 07 governor's findings based on the charges, together with a complete record of the 08 proceedings. 09 * Sec. 3. AS 18.80.060(a) is amended to read: 10 (a) In addition to the other powers and duties prescribed by this chapter, the 11 commission shall 12 (1) appoint an executive director approved by the governor; 13 (2) hire other administrative staff as may be necessary to the 14 commission's function; 15 (3) exercise general supervision and direct the activities of the 16 executive director and other administrative staff; 17 (4) accept complaints under AS 18.80.100; 18 (5) study the problems of discrimination in all or specific fields of 19 human relationships, foster through community effort or goodwill, cooperation and 20 conciliation among the groups and elements of the population of the state, and publish 21 results of investigations and research as in its judgment will tend to eliminate 22 discrimination because of race, religion, color, national ancestry, physical or mental 23 disability, age, sex, marital status, changes in marital status, pregnancy, or parenthood; 24 (6) make an overall assessment, at least once every three years, of the 25 progress made toward equal employment opportunity by every department of state 26 government; the commission shall prepare a report summarizing the results of the 27 assessment within 90 days after the convening of the regular legislative session of 28 the year in which the report is required; the commission shall make electronic 29 copies of the report available to the public and notify the legislature that the 30 report is available [RESULTS OF THE ASSESSMENT SHALL BE INCLUDED IN 31 THE ANNUAL REPORT MADE UNDER AS 18.80.150].
01 * Sec. 4. AS 18.80.150 is amended to read: 02 Sec. 18.80.150. Annual report. Each year, the [THE] commission shall 03 review all data [REPORT ANNUALLY TO THE GOVERNOR] on civil rights 04 problems the commission [IT] has encountered in the preceding year [,] and produce 05 a report by November 15 of each year on those problems. The report may include 06 recommendations for [RECOMMEND] legislative action. [THE COMMISSION 07 SHALL PROVIDE THE LEGISLATIVE AFFAIRS AGENCY WITH 40 COPIES 08 OF THE REPORT DURING THE WEEK PRECEDING THE CONVENING OF 09 THE ANNUAL LEGISLATIVE SESSION FOR LIBRARY DISTRIBUTION.] The 10 commission shall make [COPIES OF] the report available to the public electronically 11 and notify the governor and the legislature that the report is available. 12 * Sec. 5. AS 18.80.290(a) is amended to read: 13 (a) The legislative body of a municipality may, by ordinance or resolution, 14 authorize the establishment of membership in and support of a local civil [HUMAN] 15 rights commission. The number and qualifications of the members of a local 16 commission and their terms and method of appointment or removal shall be as 17 determined by the legislative body, except that a member may not hold office in a 18 political party. 19 * Sec. 6. AS 18.80.300(2) is amended to read: 20 (2) "commission" means the Alaska State Commission for Civil 21 [HUMAN] Rights; 22 * Sec. 7. AS 18.80.300(5) is amended to read: 23 (5) "employer" means a person, including the state and a political 24 subdivision of the state, who has one or more employees in the state; "employer" 25 does not include 26 (A) a nonprofit organization, association, or entity that is 27 exclusively social or fraternal and is organized under AS 10.20.005; 28 (B) a religious association; 29 (C) a religious corporation under AS 10.40.010 that is not 30 organized under AS 10.20.005; or 31 (D) a religious organization under AS 10.50.010 that is not
01 organized under AS 10.20.005 [BUT DOES NOT INCLUDE A CLUB 02 THAT IS EXCLUSIVELY SOCIAL, OR A FRATERNAL, CHARITABLE, 03 EDUCATIONAL, OR RELIGIOUS ASSOCIATION OR CORPORATION, 04 IF THE CLUB, ASSOCIATION, OR CORPORATION IS NOT 05 ORGANIZED FOR PRIVATE PROFIT]; 06 * Sec. 8. AS 18.80.300(7) is amended to read: 07 (7) "executive director" means the executive director of the Alaska 08 State Commission for Civil [HUMAN] Rights; 09 * Sec. 9. AS 24.60.039(b) is amended to read: 10 (b) If a person files a complaint with the committee under AS 24.60.170 11 alleging a violation of this section, the committee may refer the complainant to the 12 Alaska State Commission for Civil [HUMAN] Rights and may defer its consideration 13 of the complaint until after the complainant establishes to the satisfaction of the 14 committee that the commission has completed its proceedings in the matter. 15 * Sec. 10. AS 39.50.200(b)(13) is amended to read: 16 (13) Alaska State Commission for Civil [HUMAN] Rights 17 (AS 18.80.010); 18 * Sec. 11. AS 44.62.330(a)(42) is amended to read: 19 (42) Alaska State Commission for Civil [HUMAN] Rights, where 20 procedures are not otherwise expressly provided in AS 18.80;