Legislature(2025 - 2026)BARNES 124
02/24/2025 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Informational Hearing on Private Equity in Healthcare | |
| HB23 | |
| HB34 | |
| Presentation(s): Informational Hearing on Private Equity in Healthcare | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 23 | TELECONFERENCED | |
| += | HB 34 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 23-APPLICABILITY OF HUMAN RIGHTS COMMISSION
3:49:35 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 23, "An Act relating to the definition of
'employer' for the purposes of the State Commission for Human
Rights."
3:50:00 PM
CO-CHAIR HALL moved to adopt the proposed committee substitute
(CS) for HB 23, Version 34-LS0249\I, A. Radford, 2/21/25, as a
working document.
3:50:11 PM
REPRESENTATIVE SADDLER objected.
CO-CHAIR FIELDS clarified the committee was looking at a CS for
HB 23, regarding the applicability of the Alaska State
Commission for Human Rights (ASCHR).
3:50:46 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor of HB 23, stated that the proposed CS would expand
HB 23. He gave a summary of changes from Version A to Version I
[included in the committee file], which read as follows
[original punctuation provided]:
1. Changes the name of the State Commission for Human
Rights to the Alaska State Commission for Civil
Rights. (Sec. 1)
2. Adds a requirement that the governor can only
remove a commissioner for cause. Cause could include
incompetence, neglect, misconduct, or public or
private statements that undermine the commission's
work. In current law, a commissioner
can be removed for any reason. (Sec. 2)
3. Changes the timing and method of the commission's
annual report to the legislature. Instead of the week
before convening, the report would be due on November
15. Also, the report could be delivered electronically
instead of requiring paper copies. (Sec. 3)
4. Adds a defense against a discrimination claim if
the employer is a religious organization and the
employee is hired for a religious purpose. (Sec. 4)
5. Changes the definition of "employer" in the
commission's enabling statutes to include all
employers except for nonprofit social and fraternal
organizations. The change broadens coverage to
employees of other nonprofit employers. (Sec. 7)
6. Makes conforming changes in various statutes to
reflect the commission's name change in Sec. 1. (Sec.
5, 6, 8, 9, 10, 11).
3:52:04 PM
REPRESENTATIVE CARRICK questioned the change regarding the
timing and method of the commission's annual report to the
legislature.
3:52:14 PM
REPRESENTATIVE JOSEPHSON deferred to staff.
3:52:19 PM
KEN ALPER, Staff, Representative Andy Josephson, Alaska State
Legislature, on behalf of Representative Josephson, prime
sponsor of HB 23, responded that currently there is a
requirement for an annual report with 40 paper copies to be made
available through the Legislative Affairs Agency (LAA) before
the convening of an annual legislative session. He explained
that the proposed CS would delay the annual deadline for the
report to November 15, and it would delete the requirement for
physical copies. He noted that these changes were
recommendations from ASCHR.
3:53:14 PM
REPRESENTATIVE JOSEPHSON, in response to a question from
Representative Saddler, stated he did not have objections to
making changes to the original bill. He noted that there is
language in the proposed CS in Section 4 which clarifies that
religious organizations would not be subject to the jurisdiction
of the proposed CS for HB 23. He gave Providence Hospital as an
example, explaining that although it is technically a Catholic
hospital, employees are not hired to engage in religious
activities. He asserted that this change was important
regarding both First Amendment rights and employee rights
against discrimination.
3:55:00 PM
REPRESENTATIVE COULOMBE asked whether the proposed CS would
change the fiscal note.
3:55:09 PM
REPRESENTATIVE JOSEPHSON deferred to Mr. Corbisier. He
suspected that with the passage of the legislation, there would
be more cases for ASCHR.
3:55:48 PM
ROB CORBISIER, Executive Director, Alaska State Commission for
Human Rights, answered that the proposed CS for HB 23 would
still have a zero fiscal note.
CO-CHAIR FIELDS, because of subpar audio during Mr. Corbisier's
response, clarified that he had said there would be a zero
fiscal note and that the only reason the bill is slotted for the
House Finance Standing Committee is for increased receipt
authority.
3:56:41 PM
REPRESENTATIVE SADDLER asked the reason for changing the name of
the commission, from Alaska State Commission on Human Rights to
Alaska State Commission on Civil Rights.
REPRESENTATIVE JOSEPHSON replied that the name change was a
recommendation from ASCHR. He reported that ASCHR receives
calls from prisoners making human rights claims that do not fall
under the jurisdiction of the commission. He offered the belief
that the name change would better reflect the obligations of the
commission. He admitted that he was a little hesitant because
of the historic title of ASCHR but remarked that most other
states call their entities "civil rights commissions."
REPRESENTATIVE SADDLER questioned the distinction between human
rights and civil rights and further asked if the name change
would change the applicability of ASCHR.
REPRESENTATIVE JOSEPHSON described the types of discrimination
that are illegal under existing human rights laws stated that
[the proposed CS for] HB 23 would not change anything except
ASCHR's jurisdiction over non-profits.
3:59:54 PM
MR. CORBISIER replied that the provision of the constitution
that ASCHR enforces is titled "Civil Rights" and the name change
would be more accurately reflective of the agency's role. He
commented that the name change would decrease the number of
frivolous calls received from those wanting ASCHR to take stance
on human rights violations in foreign wars or on environmental
causes. He reiterated that the proposed CS for HB 23 would not
change the jurisdiction of ASCHR; instead, he argued, it would
be a more encompassing term.
4:01:03 PM
REPRESENTATIVE SADDLER noted that the second change adds removal
for cause for the commissioner of ASCHR. He asked whether other
boards have similar provisions for the removal of commissioners
and what warranted the proposed change in the CS.
4:01:27 PM
REPRESENTATIVE JOSEPHSON deferred to Mr. Alper and Mr.
Corbisier.
4:01:47 PM
MR. ALPER stated he does not know which agencies have removal
for cause versus at the will of the governor and would follow up
with the committee. He further commented that his office would
distribute a memorandum ("memo") received from Legislative Legal
Services, a "quasi-judicial agency," stating that ASCHR could
legally change the removal of the commissioner to "for cause"
due to their regulatory role.
4:03:03 PM
MR. CORBISIER stated that he did not know which commissions had
provisions for removal for cause. He explained that a prior
commissioner for ASCHR essentially went missing for about a
year, and at that time, there was no pathway for removal. He
explained that as a result, the commissioners believed that "the
governor should have an explicit, articulated tool to remove a
commissioner."
MR. CORBISIER speculated that in its inception, the legislature
did not consider that a commissioner might need to be removed
from their position. He explained that the commission thought
removal for cause would maintain the apolitical nature of ASCHR.
4:05:59 PM
REPRESENTATIVE SADDLER asked for clarification that the governor
currently has the right to remove the [ASCHR] commissioner with
or without cause.
4:06:13 PM
MR. CORBISIER replied that there is a statute that says if a
commission does not have an explicit removal for cause, then the
removal would be at will. He stated that ASCHR predates that
particular statute and made the argument that ASCHR was not
meant to fall under that particular statute. He referenced the
court case Bradner v. Hammond and noted that ASCHR commissioners
are volunteers.
4:07:22 PM
REPRESENTATIVE SADDLER maintained his objection to adopting CS,
Version I, as the working draft for HB 23.
4:08:17 PM
A roll call vote was taken. Representatives Nelson, Coulombe,
Burke, Carrick, Hall, and Fields voted in favor of the motion to
adopt the proposed CS for HB 23, Version 34-LS0249\I, A.
Radford, 2/21/25, Version I, as a working document.
Representatives Saddler voted against it. Therefore, Version I
was before the House Labor and Commerce Standing Committee as a
working document by a vote of 6-1.
CO-CHAIR FIELDS announced that HB 23, Version I, was held over.
CO-CHAIR FIELDS set a tentative amendment deadline for HB 23.