04/09/2025 01:30 PM House FINANCE

HOUSE BILL NO. 23                                                                                                             
                                                                                                                                
     "An Act relating to the definition of 'employer' for                                                                       
     the purposes of the State Commission for Human                                                                             
     Rights."                                                                                                                   
                                                                                                                                
1:37:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Josephson briefly  reviewed HB  23. He  noted that                                                                    
the  bill had  a prior  hearing  in committee  on March  27,                                                                    
2025. He communicated  that in current law  the Alaska State                                                                    
Commission on  Human Rights (ASCHR) employee  protection did                                                                    
not  extend   to  employees   of  Alaska's   many  nonprofit                                                                    
organizations and under the  legislation nonprofits would be                                                                    
subject  to the  jurisdiction  of the  commission. The  bill                                                                    
could impact  the lives  of 40,000  Alaskans. The  bill also                                                                    
renamed the  commission to the  Alaska State  Commission for                                                                    
Civil  Rights,  requiring  that commissioners  can  only  be                                                                    
removed for just  cause, and changed the date  and method of                                                                    
delivery for  the commission's  annual report.  He responded                                                                    
to a  prior question by  Representative Bynum who  offered a                                                                    
hypothetical scenario  about an all-boys school  and whether                                                                    
they  would be  required to  employ women  on the  staff. He                                                                    
related that he sought a  legal opinion from the ASCHR (copy                                                                    
on  file)   that  cited  the   existence  of  a   Bona  Fide                                                                    
Occupational Qualification (BFOQ). He  explained that it was                                                                    
a   body  of   law  from   1965  that   exempted  employment                                                                    
discrimination  on the  basis of  sex, "when  the reasonable                                                                    
demands of  the position do  not require distinction  on the                                                                    
basis of? sex"  as stated in the statute. He  noted that the                                                                    
memo  exemplified jobs  such as;  prison guards,  orderlies,                                                                    
nurses, etc. He  encouraged members to read  the memo. There                                                                    
were instances  where there  could be  lawful discrimination                                                                    
based on the "essence of the employment."                                                                                       
                                                                                                                                
1:40:29 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster moved to hearing public testimony.                                                                              
                                                                                                                                
[Secretary  Note:  Although  not explicitly  stated,  public                                                                    
testimony was opened.]                                                                                                          
                                                                                                                                
DORENE LORENZE,  CHAIRMAN, ALASKA STATE COMMISSION  ON HUMAN                                                                    
RIGHTS, provided  public testimony.  She explained  that the                                                                    
desire to change the commission's  name from civil rights to                                                                    
human rights was  due to confusion over  what the commission                                                                    
was empowered  to act on.  She spoke  to the date  change of                                                                    
the annual report  to November instead of  January each year                                                                    
and the change to electronic  transmission, which was due to                                                                    
expediency and  cost effectiveness. She noted  that changing                                                                    
to  the word   employer  covered  non-profits offering  more                                                                    
employees protection  under the commission. She  agreed with                                                                    
the  BFOQ  exclusion.  She  addressed   the  cause  for  the                                                                    
termination  change.  She  relayed   that  everyone  on  the                                                                    
commission  had been  appointed  by the  same governor.  She                                                                    
believed that it  was fair for an appointee  who was removed                                                                    
from the position  to have the opportunity  to inquire about                                                                    
the  reason for  the  dismissal. She  relayed  a story  from                                                                    
personal  experience  relating  to  being  a  journalist  in                                                                    
Pakistan.  She  determined  that a  newly  elected  governor                                                                    
could  dismiss  everyone  on the  commission  and  reappoint                                                                    
their  political cronies  to  go  after perceived  political                                                                    
enemies or  find favoritism for their  political friends. In                                                                    
the ensuing  time that  it took  the legislature  to approve                                                                    
the  new appointees  determining who  would remain  or leave                                                                    
the  committee,  "there could  be  a  lot of  havoc,"  which                                                                    
should be avoided. She highlighted  that the changes did not                                                                    
cost anything,  and it  would allow ASCHR  to bring  in more                                                                    
federal  contracts for  the non-profit  status resulting  in                                                                    
increased revenue and decreased  financial dependence on the                                                                    
state.                                                                                                                          
                                                                                                                                
1:44:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
He indicated  that amendments for  HB 23 were due  April 15,                                                                    
2025, at 5:00pm.                                                                                                                
                                                                                                                                
HB  23   was  HEARD  and   HELD  in  committee   for  future                                                                    
consideration.                                                                                                                  
                                                                                                                                
1:45:16 PM