2004-02-26                     House Journal                      Page 2757
HB 525                                                                                            
HOUSE BILL NO. 525 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to complaints filed with, and investigations,                                 
     hearings, and orders of, the State Commission for Human Rights;                                
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 25, 2004, follows:                                 
                                                                                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill that would amend the                                         
investigation and procedure laws of the State Commission for Human                                  
Rights (commission).  The bill would amend the investigation and                                    
hearing procedures to enhance efficiency and to give the commission                                 
more enforcement discretion to increase its effectiveness in combating                              
unlawful discrimination.                                                                            
                                                                                                    
                                                                                                    
The bill would add a new statutory provision, AS 18.80.112, to                                      
provide the staff of the commission with greater authority to evaluate                              
complaints of discrimination and to choose the complaints that it                                   
pursues to hearing before the commission.  The purpose of the                                       
amendment is to reverse the Alaska Supreme Court's decision in                                      
Department of Fish and Game v. Meyer, 906 P.2d 1365 (Alaska                                         
1995), that a hearing is mandatory if a complaint is supported by                                   
substantial evidence.  The court concluded that the state human rights                              
laws did not give the commission staff discretion to discontinue action