Legislature(2025 - 2026)ADAMS 519
03/27/2025 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB49 | |
| HB23 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 53 | TELECONFERENCED | |
| += | HB 55 | TELECONFERENCED | |
| + | HB 49 | TELECONFERENCED | |
| + | HB 23 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 23
"An Act relating to the definition of 'employer' for
the purposes of the State Commission for Human
Rights."
Co-Chair Josephson introduced the legislation.
4:07:29 PM
Representative Tomaszewski asked about the cooperation from
minority members.
Representative Bynum stressed that there were some members
of the minority that had input
Co-Chair Josephson explained that they were separate bills
that were filed, and he was talking about completely
separate issue. He noted that because the human rights
commission was quasi-judicial, there was a legal opinion
that governor appointed board members could only be removed
for cause.
4:14:17 PM
KEN ALPER, STAFF, REPRESENTATIVE ANDY JOSEPHSON, introduced
the PowerPoint presentation "HB 23: Applicability of Human
Rights Commission" dated March 27, 2025 (copy on file). He
continued to slide 2, "Alaska State Commission on Human
Rights":
• State agency that enforces the Alaska civil rights
law in AS 18.80
• Seven commissioners appointed by the Governor and
confirmed by
the Legislature
• Small staff and office in Anchorage
• Statewide powers to accept and investigate
complaints from
individuals across all regions of the state
Mission Statement:
To eliminate and prevent discrimination for all
Alaskans
In Alaska, it is illegal to discriminate in:
• Employment
• Places of Public Accommodation
• Sale or Rental of Real Property
• Financing and Credit
• Practices by the State or its Political
Subdivisions
Because of:
• Race
• Color
• Religion
• Sex
• National Origin
• Disability
Mr. Alper addressed slide 3, "Background: Current
Jurisdiction":
.notdef U.S. Equal Employment Opportunity Commission (EEOC)
protects non-profit employees from discrimination if
the employer has at least 15 employees
.notdef Municipal commissions, like the Anchorage Equal
Rights
Commission (AERC) and the Juneau Human Rights
Commission (JHRC), cover non-profit employees in those
communities
.notdef The State commission has no jurisdiction to accept
or pursue discrimination cases brought to them by non-
profit employees
.notdef (This is due to language in the definition of
"employer" in the ASHRC statutes, AS 18.80.300(5))
Mr. Alper highlighted slide 4, "Nonprofit Workforce and
Coverage":
• 5,688 non-profits in Alaska
• 35,302 direct jobs, about 12 percent of state
workforce
4:18:18 PM
Representative Tomaszewski asked about small staff in
Anchorage.
Mr. Alper deferred the question.
Mr. Alper looked at slide 5, "ASCHR: Annual Report":
For at least the past five years, the Alaska State
Commission for Human Rights (ASCHR) has stated that
one of their main legislative priorities is to:
"Work with the State Legislature to add non-
profits to ASCHR's jurisdiction in an effort to
include protections for 44,000 currently
unprotected workers"
Mr. Alper discussed slide 6, "What does the bill do?"
1. Changes definition of "employer" to include non-
profit organizations
.notdef The change in HB23 only applies to the State
Commission for Human Rights [AS 18.80.300(5)]
.notdef Retains exceptions for social and fraternal
organizations, and employees of religious
organizations hired for a religious purpose
2. Change name of the commission to the Alaska State
Commission for Civil Rights
3. New statute saying that the governor can only
remove a commissioner for cause (incompetence,
neglect, misconduct,
etc.)
4. Change the timing of their annual report to
November 15, and allow for it to be provided
electronically
4:21:37 PM
ROB CORBISIER, EXECUTIVE DIRECTOR, ALASKA STATE COMMISSION
ON HUMAN RIGHTS, appreciated Representative Prax for a past
bill, and the legislation ended up getting more traction
than previously thought. He explained that there would need
to be a ministerial exception in the job description. He
stated that statute required giving the legislature the
annual report, however the commission stopped trying to do
it in the 1980s.
4:30:58 PM
Mr. Corbisier gave a further history of the Human Rights
Commission.
Representative Galvin shared that the definition had peaked
her curiosity, and asked about megachurches.
4:34:50 PM
Mr. Corbisier responded that they would be excluded in
their entirety as a church.
Representative Galvin understood that they were working to
be more inclusive of, with the exception of churches,
nonprofit workers.
Co-Chair Josephson replied that it carved out that the
employer be a religious corporation and the employee
required specification.
Representative Galvin thought some might be related to the
constitution, and she asked about the governor only
removing for cause. She was not familiar with how the
commissions worked, and she was trying to understand the
intent
Co-Chair Josephson there was a body of law about just cause
or for cause.
4:40:26 PM
Representative Bynum asked about the removal provision.
Co-Chair Josephson recalled that when Dunleavy came into
office, he combed through Title 8 to see how long terms
could continue.
Representative Bynum could ask for additional info offline.
Representative Bynum wondered if someone from the public
wanted a copy of the report, would it be available to them.
Mr. Corbisier responded "probably."
4:47:05 PM
Representative Bynum explained that it did not revolve
around whether someone was transgender or not.
Mr. Corbisier responded that he had not considered it a
statutory carveout
Co-Chair Josephson recalled that there was a case from
about the boy scouts banning girls.
Representative Hannan stressed that she wanted the issues
staggered, and a strong separation.
4:52:32 PM
Mr. Corbisier responded that it was currently staggered in
the commission.
Representative Tomaszewski was going to ask about the
terms, and whether they were paid.
Mr. Corbisier responded that they were unpaid volunteers.
Representative Tomaszewski wondered whether the
commissioners discriminated against based on location
Mr. Corbisier responded that he did not speak to who the
governor decided to make the boss.
4:57:00 PM
Co-Chair Josephson queried the impact of the bill.
Mr. Corbisier responded that they estimated it would be
between 3 to 60 non- profit cases.
Representative Tomaszewski asked about the language used in
the investigations and the number of complaints.
Mr. Corbisier responded that there were 120-ish complaints,
and the commission asked the same types of questions during
the investigation.
5:01:48 PM
Representative Bynum asked about the anecdotal impact.
Mr. Corbisier responded that the government as an employer
operated differently than for profits, but the civil rights
act applied to all employers the same.
Representative Bynum understood that the current statute
defined an employer, and asked whether there was a data-
driven approach.
5:05:59 PM
Mr. Corbisier responded that there had not been a data-
driven approach to it.
Co-Chair Josephson stated that the commission supported the
expansion, and they were ready to change the timeline of
the report.
Mr. Corbisier reviewed the fiscal note.
5:08:37 PM
AT EASE
5:08:46 PM
RECONVENED
Co-Chair Josephson took over chairing the meeting. The
budget bills would not be heard.
HB 23 was HEARD and HELD in committee for further
consideration.
HB 53 was SCHEDULED but not HEARD.
HB 55 was SCHEDULED but not HEARD.