Legislature(2023 - 2024)DAVIS 106

03/15/2024 08:00 AM House EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 55 EXTEND WORKFORCE INVEST BOARD ALLOCATIONS TELECONFERENCED
Moved CSHB 55(EDC) Out of Committee
-- Invited & Public Testimony --
*+ HB 183 DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 274 SCREENING/READING INTERVENTION K-3 TELECONFERENCED
Moved CSHB 274(EDC) Out of Committee
        HB 183-DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS                                                                    
                                                                                                                                
8:36:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE announced  that the  final order  of business                                                               
would  be  HOUSE  BILL  NO.  183,  "An  Act  relating  to  school                                                               
athletics, recreation, athletic teams,  and sports; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
8:36:21 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD, as prime sponsor, presented HB 183.  She read                                                                  
from the sponsor statement [included in the committee packet],                                                                  
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     It is in  our very recent history that women    and the                                                                    
     men who champion  them   have had to  fight for women's                                                                    
     rights and equality in our  society. Can you believe it                                                                    
     has barely been 100 years  since women were granted the                                                                    
     right to  vote? Since  then, we have  come a  long way,                                                                    
     with  legislation  supporting  and  protecting  women's                                                                    
     rights  and  protecting  us  from  discrimination.  Our                                                                    
     culture  has  embraced  and advanced  the  notion  that                                                                    
     women  deserve the  same opportunities  as men.  And we                                                                    
     have made  leaps and bounds in  opportunities available                                                                    
     to women and girls to participate in sports.                                                                               
                                                                                                                                
     Girls who participate in sports  reap huge benefits for                                                                    
     a lifetime.  They gain confidence, good  habits, strong                                                                    
     bodies,  and   bones,  and  have  a   lower  chance  of                                                                    
     osteoporosis, breast cancer,  and depression. They have                                                                    
     a more positive  body image and higher  levels of self-                                                                    
     esteem.  They grow  into strong  women who  are leaders                                                                    
     and  role models  in our  communities.  They carry  the                                                                    
     lessons  learned  far  beyond the  playing  field.  And                                                                    
     thanks to Title IX,  their right to equal opportunities                                                                    
     in sports and education is federally protected.                                                                            
                                                                                                                                
     Title IX states  that, "No person in  the United States                                                                    
     shall,  on   the  basis  of   sex,  be   excluded  from                                                                    
     participation  in, be  denied  the benefits  of, or  be                                                                    
     subjected  to  discrimination   under  any  educational                                                                    
     program   or  activity   receiving  Federal   financial                                                                    
     assistance."  We can  thank our  very  own Senator  Ted                                                                    
     Stevens for  this legislation  which has  protected and                                                                    
     promoted  women in  sports since  its passage  in 1972.                                                                    
     The  impact of  this  legislation  is profound.  Before                                                                    
     1972,  one in  27  girls participated  in sports.  That                                                                    
     number  is now  two  in five!  Girls' participation  in                                                                    
     high  school  sports  has  increased  by  roughly  1000                                                                    
     percent.  It  has  opened  the   door  to  more  sports                                                                    
     scholarship opportunities  for women  and for  women to                                                                    
     turn their sport into a  career. We could even say that                                                                    
     the effects  of more  women in  sports has  rippled out                                                                    
     across  all   sectors,  breaking  glass   ceilings  and                                                                    
     elevating  women  as  equals  in our  nation  and  even                                                                    
     around the world.                                                                                                          
                                                                                                                                
     So,  what happens  when a  biological  male enters  the                                                                    
     ring  of  women's  sports? Being  biologically  bigger,                                                                    
     stronger, faster,  their physical advantage  over women                                                                    
     is  anything  but  equal. It  takes  our  nearly  level                                                                    
     playing field, which we fought  so hard to achieve, and                                                                    
     reduces it to women  finishing second again. Women have                                                                    
     worked hard to  get where we are today. To  set us back                                                                    
     100 years is unacceptable.                                                                                                 
                                                                                                                                
     When there  were threatened changes  to Title  IX, Sen.                                                                    
     Ted Stevens  said: "Having lived  this long  with Title                                                                    
     IX,  I'm going  to  urge Congress  not  to support  any                                                                    
     changes  that  could  have an  adverse  effect  on  the                                                                    
     progress that has already been  made under Title IX. We                                                                    
     want more progress." Stevens was  the guardian angel of                                                                    
     women in  athletics. He  would not  stand by  and allow                                                                    
     culture  wars  to  rob  our  girls  and  women  of  the                                                                    
     progress we have fought so hard to gain.                                                                                   
                                                                                                                                
     As a  mom of two  daughters, I would like  to encourage                                                                    
     the  State  legislature  in   a  bipartisan  effort  to                                                                    
     support   "An  Act   relating   to  school   athletics,                                                                    
     recreation, athletic  teams, and sports." This  bill HB
     183   acknowledges  the   biological  differences   and                                                                    
     disparities   between  men   and  women   and  requires                                                                    
     students  to play  according to  their biological  sex.                                                                    
     Our girls  deserve a fair  playing field.  They deserve                                                                    
     the chance  to win first place,  scholarships, and gold                                                                    
     medals.                                                                                                                    
                                                                                                                                
     Like US Senator  Ted Stevens, I will be  a champion for                                                                    
     our girls and women.  I have endured discrimination and                                                                    
     have conquered  obstacles, like my mom  and grandmother                                                                    
     and great-grandmother  before me, so that  my daughters                                                                    
     don't have  to. I  don't do  this for me,  I do  it for                                                                    
     them. We  fight for all our  daughters. Expecting women                                                                    
     to  be  physically  equal  to   men  is  not  equality.                                                                    
     Equality  is giving  women  the  same opportunities  as                                                                    
     men.  But  if  forced  to  physically  compete  against                                                                    
     biological  males,  women  will be  disadvantaged  once                                                                    
     again.  If  men can  compete  as  "better" versions  of                                                                    
     women, all of our progress for equality is dead.                                                                           
                                                                                                                                
8:40:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD gave the sectional analysis to HB 183 [included                                                                 
in the committee packet], which read as follows [original                                                                       
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1                                                                                                                
                                                                                                                                
     This section amends the uncodified  law of the State of                                                                    
     Alaska  by  adding  a new  paragraph  with  legislative                                                                    
     intent.                                                                                                                    
                                                                                                                                
     Section 2 AS 14.18.150                                                                                                   
                                                                                                                                
     This section adds Athletic team and sport designation.                                                                     
          (a) A public school, or a private school whose                                                                        
     students  or teams  compete  against  a public  school,                                                                    
     must designate  each school-sponsored athletic  team or                                                                    
     sport a                                                                                                                    
          (1) male, men, or boys' team or sport;                                                                                
         (2) female, women, or girls team or sport; or                                                                          
          (3) coeducational or mixed team or sport. (                                                                           
          b) A student who participates in an athletic team                                                                     
     or  sport designated  female, women,  or girls  must be                                                                    
     female, based  on the  participant's biological  sex as                                                                    
     either   female  or   male,   as   designated  at   the                                                                    
     participant's  birth. The  biological sex  listed on  a                                                                    
     participant's  birth certificate  may be  relied on  to                                                                    
     establish the  participant's biological  sex designated                                                                    
     at  the participant's  birth if  the sex  designated on                                                                    
     the  birth certificate  was designated  at or  near the                                                                    
     time of the participant's birth.                                                                                           
                                                                                                                                
     Section 2 AS 14.18.160                                                                                                   
                                                                                                                                
     This section amends and adds compliance protection                                                                         
          (a)   A   governmental    entity,   licensing   or                                                                    
     accrediting  organization,   athletic  association,  or                                                                    
     school district  may not take adverse  action against a                                                                    
     school  or  school  district   for  complying  with  AS                                                                    
     14.18.150.                                                                                                                 
                                                                                                                                
          (b) A school  or a school district  may decline to                                                                    
     consider  a complaint  brought  against  the school  or                                                                    
     school district for complying with AS 14.18.150                                                                            
                                                                                                                                
     Section 2 AS 14.18. 170                                                                                                  
                                                                                                                                
     This section adds the liability protecting                                                                                 
          (a)  A  student who  is  deprived  of an  athletic                                                                    
     opportunity or suffers direct  or direct harm resulting                                                                    
     from a  violation of AS  14.18.150 may bring  a private                                                                    
     cause of action against the violating school.                                                                              
                                                                                                                                
          (b) A  student subjected  to retaliation  or other                                                                    
     adverse action as a result  of reporting a violation of                                                                    
     AS  14.18.150 to  an employee  or  representative of  a                                                                    
     school,  school district,  or  athletic association  or                                                                    
     organization,  or  to  a state  or  federal  government                                                                    
     entity with  oversight authority,  may bring  a private                                                                    
     cause of action against 2 the retaliating entity.                                                                          
                                                                                                                                
          (c) If a school  or school district suffers direct                                                                    
     or  indirect harm  as a  result  of a  violation of  AS                                                                    
     14.18.150, the  school or school  district may  bring a                                                                    
     private cause of action against the violating entity.                                                                      
                                                                                                                                
          (d) An  action brought under this  section must be                                                                    
     commenced within two years of  the event giving rise to                                                                    
     the complaint.                                                                                                             
                                                                                                                                
     Section 2 AS 14.18.180                                                                                                   
                                                                                                                                
     This  section adds  Access to  courts; relationship  to                                                                    
     rights under federal law.                                                                                                  
          (a)   Nothing   in   AS  14.18.150   -   14.18.190                                                                    
     abrogates, restricts, or otherwise limits                                                                                  
     (         1) the  access of  any person  to a  state or                                                                    
     federal court; or                                                                                                          
          (2) a person's right to  bring in state or federal                                                                    
     court a complaint or cause  of action arising out of AS                                                                    
     14.18.150 - 14.18.190. (                                                                                                   
                                                                                                                                
          b) AS  14.18.150 - 14.18.190 may  not be construed                                                                    
     to  modify a  person's rights  under 20  U.S.C. 1400  -                                                                    
     1482 (Individuals with  Disabilities Education Act), 29                                                                    
     U.S.C. 794, or 42 U.S.C. 12101 - 12213.                                                                                    
                                                                                                                                
     Section 2 AS 14.18.190                                                                                                   
                                                                                                                                
        This section adds Definitions. In AS 14.18.150 -                                                                        
     14.18.190,                                                                                                                 
       (1) "school" means an elementary, junior high, or                                                                        
     secondary school; (                                                                                                        
     2) "school  district" means a borough  school district,                                                                    
     a   city  school   district,  a   regional  educational                                                                    
     attendance  area,  a  state boarding  school,  and  the                                                                    
     state centralized correspondence study program.                                                                            
                                                                                                                                
     Section 3                                                                                                                
                                                                                                                                
           This section adds an effective date per AS                                                                           
     01.10.070(c).                                                                                                              
                                                                                                                                
8:41:40 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE announced  the committee  would hear  invited                                                               
testifiers.                                                                                                                     
                                                                                                                                
8:42:17 AM                                                                                                                    
                                                                                                                                
LARRY WHITEMORE, Retired Coach, Alaska  High School Hall of Fame,                                                               
gave  invited testimony  in support  of HB  183 and  provided his                                                               
background  as  an   official  in  sports.     He  explained  the                                                               
differences between biological females  and biological males.  He                                                               
related  the emotional  and  physical  difficulties "each  month"                                                               
that females  go through,  which effects  their performance.   He                                                               
further  explained that  the [mixed]  competition  is unfair  and                                                               
everyone should  be allowed to  compete but  on a fair  and equal                                                               
playing  field.   Title 9  must be  protected, he  said, to  save                                                               
women's sports from the unfairness  of biological males competing                                                               
against   biological  females.     He   suggested  having   three                                                               
divisions:    women's,  men's,  and  a  transgender  division  so                                                               
everyone would have  an opportunity to participate in  a fair and                                                               
equitable manner.                                                                                                               
                                                                                                                                
8:47:19 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:47 a.m.                                                                                 
                                                                                                                                
8:47:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BARBARA  DEE  EHARDT,  Idaho  State  Legislature,                                                               
provided her background as an  athlete and coach and gave invited                                                               
testimony in support  of HB 183.  She explained  that "sports are                                                               
about  winning," especially  at  the collegiate  level, and  gave                                                               
examples  of her  experience  in competitions.    She added  that                                                               
winning  also plays  a big  role in  coaches being  able to  keep                                                               
their jobs.  She opined that  if "we" are willing to accept "just                                                               
one  boy," then  everyone else's  role  on the  team changes  and                                                               
everyone must adjust.   She thanked the  committee for addressing                                                               
the issue and offered to stay online for questions.                                                                             
                                                                                                                                
8:52:46 AM                                                                                                                    
                                                                                                                                
RILEY GAINES,  Retired, NCAA Swimmer,  gave invited  testimony in                                                               
support of  HB 183  to protect  women's sports  at all  levels of                                                               
competition,  she said.   She  related her  experience of  having                                                               
witnessed Lia Thomas [a transgender  woman swimmer] win a women's                                                               
national title, beating out the  most impressive and accomplished                                                               
women in the sport.   She said it was clear to  her that the NCAA                                                               
had reduced everything  women had worked their  entire lives for.                                                               
In addition  to losing trophies,  they were required to  dress in                                                               
front of this  "male," fully exposing himself, and  they were not                                                               
asked for their  consent, nor did they give it.   This person was                                                               
not a "one  off," and there are many more  similar stories across                                                               
the  nation.   She  further related  scientific  facts that  have                                                               
proven that men have an  athletic advantage over females which is                                                               
evident in almost  every sport, and hormone  therapy cannot close                                                               
this gap.  Allowing men to  play women's sports is risky, unfair,                                                               
discriminatory,  and  must stop,  she  said.   She  implored  the                                                               
committee to  vote in  favor of  HB 183  and for  the bill  to be                                                               
amended to include college athletes.                                                                                            
                                                                                                                                
8:56:54 AM                                                                                                                    
                                                                                                                                
MATTHEW  SHARP, Senior  Counsel,  Director of  Center for  Public                                                               
Policy,  Alliance Defending  Freedom, gave  invited testimony  in                                                               
support of  HB 183.   He  stated that  his firm  represented many                                                               
female  athletes  throughout  several  states  who  lost  out  on                                                               
championships  and  other  athletic opportunities  to  biological                                                               
males.   Women deserve to be  on a level playing  field, he said,                                                               
and  it destroys  fair  competition  as men  will  always have  a                                                               
physical  advantage.   There  are more  instances  where men  are                                                               
taking  away awards  and women  are losing  out; therefore,  laws                                                               
like HB 183  are becoming more urgent than ever  and he requested                                                               
an amendment to  include collegiate athletes so  they can receive                                                               
full  protection  under the  bill.    He explained  that  federal                                                               
courts  have  long  recognized   it  is  constitutional  to  have                                                               
separate programs based on biological  sex including sports teams                                                               
and  locker rooms.   He  concluded  his testimony  and urged  the                                                               
passing of HB 183.                                                                                                              
                                                                                                                                
9:02:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE invited questions from committee members.                                                                    
                                                                                                                                
9:02:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT noted  Ms. Gaines  had shared  numerous                                                               
statistics and  asked her  to state  how many  transgender people                                                               
make up the general population.                                                                                                 
                                                                                                                                
MS.  GAINES  answered  that  she   could  not  give  an  accurate                                                               
percentage but estimated 1 percent.                                                                                             
                                                                                                                                
REPRESENTATIVE HIMSCHOOT echoed less than 1 percent.                                                                            
                                                                                                                                
MS.  GAINES responded  with  an example  in  which 14,000  female                                                               
athletes "were displaced by one male athlete."                                                                                  
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  noted that two schools  in her district                                                               
are under threat of closure as  a result of the state's inability                                                               
to fund them  while the bill before the  committee addresses less                                                               
than one percent of the population of the nation.                                                                               
                                                                                                                                
MS. GAINES stressed the worthiness  of privacy, safety, and equal                                                               
opportunities  for women,  and she  said she  is disheartened  to                                                               
hear   [Representative  Himschoot]   sound   as   if  women   are                                                               
undeserving of those things.                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD  commented that the  bill is as important  as any                                                               
other bill brought forward in the body.                                                                                         
                                                                                                                                
CO-CHAIR RUFFRIDGE  noted that  it is  an emotion-filled  day and                                                               
asked everyone to keep comments as kind and clear as possible.                                                                  
                                                                                                                                
9:05:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  asked  Mr.   Sharp  whether  he  could                                                               
provide examples in Alaska.                                                                                                     
                                                                                                                                
MR. SHARP replied he did not have specific examples.                                                                            
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT asked  Mr. Whitmore  if he  could state                                                               
the mission, vision,  and value statements for  the Alaska School                                                               
Activities Association.                                                                                                         
                                                                                                                                
MR. WHITMORE sought clarity.                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT shared the  mission statement and stated                                                               
she had no further questions for Mr. Whitmore.                                                                                  
                                                                                                                                
9:07:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY   reflected  on   Representative  Himschoot                                                               
asking for examples  of "these problems" in Alaska  and related a                                                               
recent  story of  "a  biological male  exposing  himself" in  the                                                               
Alaska Club in Wasilla.                                                                                                         
                                                                                                                                
9:08:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked the  bill sponsor  how much  work had                                                               
been done with  Legislative Legal Services, and  how the proposed                                                               
legislation would impact student privacy and Alaska law.                                                                        
                                                                                                                                
CO-CHAIR ALLARD  confirmed she had worked  with Legislative Legal                                                               
Services for the bill to  be defined legally and not discriminate                                                               
against any athletes across the board.                                                                                          
                                                                                                                                
9:10:04 AM                                                                                                                    
                                                                                                                                
MR.  WHITMORE   referred  to  previous  conversation   about  any                                                               
evidence of instances in Alaska, and  he offered a story about "a                                                               
male" from Tok Junction who said  he was female and could compete                                                               
[in track]  because "he"  was only "one  person" and  it wouldn't                                                               
make a  difference.  When  parents found out their  daughter lost                                                               
to  "a  biological male"  and  did  not  make finals,  they  were                                                               
devastated, he said,  and this example is only one  small part of                                                               
what is  a "cancer" that  will spread through women's  sports and                                                               
destroy them.                                                                                                                   
                                                                                                                                
9:11:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCORMICK  reflected  on  Representative  McKay's                                                               
story, among others,  and stated he did  not appreciate anecdotes                                                               
and throwing  stories out  that are unverifiable.   He  stated he                                                               
found it  difficult to feel calm  about a bill he  knows is going                                                               
to  "kill kids"  in his  district.   He noted  the potential  for                                                               
schools to  be sued if they  are not in compliance  with the bill                                                               
and the  aftermath that could ensue.   He asked the  bill sponsor                                                               
whether she had given that any consideration.                                                                                   
                                                                                                                                
CO-CHAIR ALLARD pointed out that  the bill clearly states schools                                                               
cannot be sued.   She offered an additional  story that supported                                                               
the proposed  legislation in reference  to a male competing  in a                                                               
female  competition leaving  the female  athletes devastated  and                                                               
exhausted.  She  stated that she also supports her  own rights as                                                               
a woman not  to be discriminated against.  She  stressed that her                                                               
concern  is  more  about  the  discrimination  that  has  already                                                               
started.                                                                                                                        
                                                                                                                                
9:15:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCORMICK  said   he  appreciated  Representative                                                               
Allard's comments, but asked whether  she gave thought to acts of                                                               
violence against  transgender individuals, and he  acknowledged a                                                               
recent   case  of   a  transgender   individual   who  had   been                                                               
hospitalized.                                                                                                                   
                                                                                                                                
CO-CHAIR ALLARD  responded that  the bill  is brought  forward to                                                               
protect  against  the  hatred  and abuse  that  has  been  formed                                                               
against  women and  girls in  sports by  being exposed  to males.                                                               
She said  she could not speak  to others being attacked  but that                                                               
right  now women  are being  attacked and  marginalized, and  she                                                               
stressed the importance of the bill.                                                                                            
                                                                                                                                
REPRESENTATIVE MCCORMICK  stated that  transwomen are  women, and                                                               
agreed  only  that  women  are   discriminated  against  in  that                                                               
context.                                                                                                                        
                                                                                                                                
CO-CHAIR ALLARD  specified that she and  Representative McCormick                                                               
are  not  in   concurrence.    She  expressed   her  belief  that                                                               
"biological males  are biological  males and  men, and  women are                                                               
biological women and girls."                                                                                                    
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT read from page 2,  lines 26 to 28 in the                                                               
bill and sought confirmation that schools cannot be sued.                                                                       
                                                                                                                                
CO-CHAIR  ALLARD  wished  to  bring   Mr.  Sharp  in  to  address                                                               
Representative Himschoot.                                                                                                       
                                                                                                                                
MR. SHARP explained  that the bill operates to  make sure schools                                                               
comply with  the law  to ensure females  competing in  sports are                                                               
protected and  it provides a liability.   There would be  a legal                                                               
remedy available  to women in the  event of a school  refusing to                                                               
protect fairness for young women playing on its sports teams.                                                                   
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  asked Mr.  Sharp whether  an individual                                                               
[emphasis on "individual"] could still sue the school district.                                                                 
                                                                                                                                
MR. SHARP  reiterated that if  the school were breaking  the law,                                                               
there would be a legal remedy available for a young woman.                                                                      
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  then asked whether a  trans woman could                                                               
sue the school.                                                                                                                 
                                                                                                                                
MR. SHARP  answered that  under the proposed  bill, only  a young                                                               
woman  who is  denied an  opportunity and  suffered a  harm could                                                               
sue.   He indicated that  "a man that's  wanting to compete  on a                                                               
women's  team" is  not  "a right  given  under this";  therefore,                                                               
there would be  no legal basis to sue the  school.  He clarified,                                                               
"This   is   only   protecting   athletes   that   are   deprived                                                               
opportunities because of a man competing on a women's team."                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  referred  to   a  "right  to  win"  in                                                               
athletics and  asked whether  a short woman  who chooses  to play                                                               
basketball and is  surrounded by tall women still has  a right to                                                               
win.                                                                                                                            
                                                                                                                                
MR. SHARP  responded that there  is a right  to a fair  and equal                                                               
playing field, which is one of  the things Title 9 was enacted to                                                               
do.   He added that  women were being denied  equal opportunities                                                               
and HB 183 would fulfill the original intent of Title 9.                                                                        
                                                                                                                                
9:21:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  opined that as  a society, we need  to "back                                                               
off  a bit,"  winning isn't  everything, and  things are  getting                                                               
carried away  in general.   He related a  story of a  high school                                                               
volleyball game  recently where  ladies were  cowered by  a young                                                               
man on  the team;  however, he said  no one seemed  to mind.   He                                                               
shared his  thought to "maybe  go back  to co-ed sports"  and not                                                               
worry about scholarships and winning being everything.                                                                          
                                                                                                                                
9:23:46 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD  drew attention  to page  2 of  HB 183  and began                                                               
reading on line  9.  She explained that while  the bill is "being                                                               
inclusive," there cannot be mixed, co-ed sports.                                                                                
                                                                                                                                
9:24:24 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE questioned the cost  to districts or the state                                                               
for the bill being enacted.                                                                                                     
                                                                                                                                
CO-CHAIR ALLARD  confirmed there  is a zero  fiscal note  and the                                                               
bill would not  generate a cost unless there  were regulations or                                                               
policy changes.                                                                                                                 
                                                                                                                                
CO-CHAIR RUFFRIDGE referred  to page 2, lines 15  through 20, and                                                               
brought up  "reverse language."   He offered his belief  that the                                                               
Alaska Constitution asks for equal  protection, and he questioned                                                               
whether  the language  in the  bill would  violate that  since it                                                               
only goes "in one direction."                                                                                                   
                                                                                                                                
CO-CHAIR ALLARD replied no but  added that she personally thought                                                               
women should  not participate in  male sports because  "you can't                                                               
have it both ways."                                                                                                             
                                                                                                                                
9:27:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  interjected a point of  order and asked                                                               
whether  questions  could  be  directed  to  Alaska's  own  legal                                                               
department instead of Mr. Sharp.                                                                                                
                                                                                                                                
CO-CHAIR RUFFRIDGE  explained that no one  from Legislative Legal                                                               
Services was  present but they  still could answer  any questions                                                               
Representative Himschoot had.                                                                                                   
                                                                                                                                
9:27:57 AM                                                                                                                    
                                                                                                                                
MR.  SHARP  explained  the  specifics  in  Title  9  about  women                                                               
competing,  and that  in certain  sports  where there  is only  a                                                               
men's team available,  women could compete.  Title  9 was written                                                               
in  a   way  as  a  "one   way  street,"  and  to   ensure  equal                                                               
opportunities for young  women, men cannot be allowed  to come in                                                               
and  take away  opportunities  which would  therefore deny  young                                                               
women  of those  opportunities.   He further  explained that  the                                                               
goals behind the second point  of the Equal Protection Clause are                                                               
not violated.                                                                                                                   
                                                                                                                                
9:29:31 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE  referred to  taking  someone's  place [on  a                                                               
team] and  questioned whether the  assumption is that if  a woman                                                               
were to compete on a man's team,  the woman would not be taking a                                                               
spot from a man.                                                                                                                
                                                                                                                                
MR. SHARP responded that the  courts have been very consistent in                                                               
preserving the integrity  of women's sports and  not allowing men                                                               
to come in and take those opportunities away.                                                                                   
                                                                                                                                
CO-CHAIR  RUFFRIDGE referred  to Ms.  Bergerud's verbiage  in her                                                               
legal memorandum  dated March  14, 2024,  and the  legal concerns                                                               
with HB 183, particularly on question number 2.                                                                                 
                                                                                                                                
9:31:12 AM                                                                                                                    
                                                                                                                                
MARGRET   BERGERUD,   Legislative  Counsel,   Legislative   Legal                                                               
Services, answered questions  during the hearing on HB  183.  She                                                               
offered  her belief  that the  bill  is subject  to challenge  on                                                               
equal  protection  grounds.   She  referenced  an analysis  of  a                                                               
preliminary  junction related  to  the Idaho  law  that has  been                                                               
discussed in  this hearing that  distinguish cisgender  males who                                                               
wish to play  on sports teams from transgender women  who wish to                                                               
play on women's  sports teams.  The bill  singles out transgender                                                               
women in  a way that  it does not  single out cisgender  women or                                                               
men  or transgender  men.    It had  been  decided  in the  Ninth                                                               
Circuit [Court of  Appeals] that these types of  divisions in the                                                               
law are subject  to scrutiny, she explained.  She  added that the                                                               
bill   is   also   subject  to   challenge   under   the   Alaska                                                               
Constitution's Equal Protection Clause.                                                                                         
                                                                                                                                
9:33:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   RUFFRIDGE  asked   Ms.  Bergerud   whether  she   felt                                                               
comfortable  talking  through the  case  she  referenced "in  her                                                               
document" and describing the grounds for that and the results.                                                                  
                                                                                                                                
CO-CHAIR ALLARD  interposed that Legislative Legal  Services have                                                               
been using  terms that  she is  not familiar  with and  asked for                                                               
more clarity when using these references.                                                                                       
                                                                                                                                
9:34:41 AM                                                                                                                    
                                                                                                                                
MS. BERGERUD clarified that the  Idaho law that the Ninth Circuit                                                               
Court  analyzed  banned  transgender   girls  -  individuals  who                                                               
transition  from  male  to  female -  from  competing  on  school                                                               
athletic  teams  that   were  reserved  for  girls.     This  was                                                               
challenged by plaintiffs who were  transgender women playing on a                                                               
team.                                                                                                                           
                                                                                                                                
9:36:40 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE asked Ms. Bergerud  whether there was language                                                               
in the  bill similar to the  Idaho law regarding what  she called                                                               
"intrusive medical  procedures" and whether in  her legal opinion                                                               
it  puts  the bill  in  a  slightly  different category  but  its                                                               
challenge to be put into law remains a concern either way.                                                                      
                                                                                                                                
MS.  BERGERUD offered  her belief  that the  bill would  still be                                                               
subject to the  same challenge due to not having  a ruling on the                                                               
merits yet; therefore,  it is hard to weigh in  on the weight the                                                               
Ninth  Circuit  Court gave  to  a  medical procedure  issue  when                                                               
making its determination.                                                                                                       
                                                                                                                                
9:38:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY read from page 2,  lines 15 to 20, and cited                                                               
the  word   "may"  use  a   birth  certificate  to   establish  a                                                               
participant's biological  sex.   She asked  the bill  sponsor how                                                               
she visualized the school districts verifying that.                                                                             
                                                                                                                                
CO-CHAIR ALLARD  replied that  the language  could be  changed to                                                               
read "shall" but currently it is  left up to the school districts                                                               
to determine whether  they would like to use  a birth certificate                                                               
to verify.  She added that she welcomed amendments.                                                                             
                                                                                                                                
REPRESENTATIVE  STORY  stated  she  did   not  want  to  make  an                                                               
amendment for the language and  noted her concern about violating                                                               
the privacy rights of students.                                                                                                 
                                                                                                                                
CO-CHAIR ALLARD  stated that the  bill is strategic  and careful,                                                               
and the only rights being violated are against women.                                                                           
                                                                                                                                
REPRESENTATIVE  STORY asked  whether  Legislative Legal  Services                                                               
could explain the rationale.                                                                                                    
                                                                                                                                
9:40:45 AM                                                                                                                    
                                                                                                                                
MS.  BERGERUD, addressing  Representative Story,  replied that  a                                                               
person's   sex  or   gender   identity   is  considered   private                                                               
information  and  the  amount  of protection  given  is  an  open                                                               
question  under Alaska's  Constitution  currently.   She  further                                                               
noted that Alaska's Constitution  provides greater privacy rights                                                               
than the Constitution of the United States.                                                                                     
                                                                                                                                
CO-CHAIR  RUFFRIDGE  mentioned  that  due  to  time  constraints,                                                               
public testimony on  HB 183 would be rescheduled.   He apologized                                                               
to those waiting and encouraged  people to e-mail their testimony                                                               
to the committee.                                                                                                               
                                                                                                                                
9:42:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY disagreed that it  is an invasion of privacy                                                               
when  one is  asked to  provide a  birth certificate  and related                                                               
that he has  5 kids and always had to  provide birth certificates                                                               
for various things.                                                                                                             
                                                                                                                                
CO-CHAIR  RUFFRIDGE  added  that  the  bill  indicated  that  the                                                               
participant's  birth certificate  would  be the  method used  and                                                               
asked Ms.  Bergerud whether there  were privacy issues  with that                                                               
method.                                                                                                                         
                                                                                                                                
MS. BERGERUD  explained that  the underlying  issue is  not about                                                               
providing birth  certificates to a  school but more so  about the                                                               
school  exposing  someone's  gender identity  they  were  keeping                                                               
private,  resulting in  removal from  a team,  for example.   The                                                               
privacy  issue is  about  the school  giving  information to  the                                                               
public.                                                                                                                         
                                                                                                                                
9:44:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD  reminded the public  and the body that  in order                                                               
for  a  child to  attend  school,  a  birth certificate  must  be                                                               
provided, one of the reasons being  that they are the correct age                                                               
to   get  started   therefore,   she  argued   that  the   [birth                                                               
certificate] already has been made public.                                                                                      
                                                                                                                                
9:45:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCORMICK offered  his belief  that there  may be                                                               
situations  where  an  individual's birth  certificate  could  be                                                               
disputed, which in  turn could lead to a  school district needing                                                               
to  access  privileged health  information.    He sought  clarity                                                               
whether  that  would  be  a   Health  Insurance  Portability  and                                                               
Accountability Act (HIPAA) violation.                                                                                           
                                                                                                                                
MS. BERGERUD replied that she was  not aware if Alaska is a state                                                               
that  allows  a  transgender  individual   to  get  a  new  birth                                                               
certificate, and she  offered her understanding that  a new birth                                                               
certificate voids any prior birth certificate.                                                                                  
                                                                                                                                
9:48:44 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD offered her  understanding that birth certificate                                                               
changes in  Alaska are allowed  but that the bill  clearly stated                                                               
it refers to the birth certificate  at birth.  She requested that                                                               
Mr. Sharp comment on the topic.                                                                                                 
                                                                                                                                
CO-CHAIR RUFFRIDGE asked for confirmation  that Alaska is in fact                                                               
a state where one can change their birth certificate.                                                                           
                                                                                                                                
9:49:54 AM                                                                                                                    
                                                                                                                                
MS. BERGERUD reiterated  that she was unaware  whether Alaska was                                                               
a state  that allowed for  a change of  sex on an  original birth                                                               
certificate, but she  could get the information  to the committee                                                               
at a later date.                                                                                                                
                                                                                                                                
9:50:14 AM                                                                                                                    
                                                                                                                                
MR. SHARP  added that he  was of  the belief that  Alaska allowed                                                               
birth certificate  changes and that  the bill was written  with a                                                               
designation  referencing an  original  birth  certificate for  an                                                               
accurate  reflection.    He  further  explained  it  adds  to  an                                                               
eligibility in sports  rule:  an individual  must be biologically                                                               
female to compete on a female team.                                                                                             
                                                                                                                                
9:51:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCORMICK directed  a  concern to  Representative                                                               
Ehardt  and stated  he was  curious  about the  effects on  trans                                                               
children when  "they are  forced play  in a  sport that  does not                                                               
coincide with their gender identity."                                                                                           
                                                                                                                                
REPRESENTATIVE EHARDT  gave examples of athletes  who competed as                                                               
males and  did well, but not  great, until after they  decided to                                                               
compete as  women.  She  stated that  she believed the  beauty of                                                               
the  proposed  legislation is  to  make  very  clear that  if  an                                                               
individual wished  to compete, it  must be with  their biological                                                               
sex.  Competition is encouraged,  she said, and physicals include                                                               
asking about a  person's biological sex in  addition to questions                                                               
such  as asking  whether one  has  ever been  hospitalized or  is                                                               
taking any medications, which fall  under doctor's questions that                                                               
are pertinent to the safety of the individual.                                                                                  
                                                                                                                                
9:55:38 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE invited closing comments.                                                                                    
                                                                                                                                
9:55:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  ALLARD  thanked  the  committee  and  acknowledged  the                                                               
public testifiers  who were  waiting but unable  to testify.   In                                                               
addition, she recognized  that Larry Whitmore is  the only Alaska                                                               
coach inducted  into the National  High School Hall of  Fame, and                                                               
his   experience  is   invaluable.     In   reference  to   birth                                                               
certificates, she added that they  are already intrusive, and one                                                               
must have physicals to participate in sports.  She concluded by                                                                 
encouraging the committee to move HB 183 out of committee.                                                                      
                                                                                                                                
9:56:34 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE thanked invited  testifiers and members of the                                                               
public  who  joined  online  but  were unable  to  testify.    He                                                               
reassured the public  that public testimony would be  opened at a                                                               
later date.                                                                                                                     
                                                                                                                                
CO-CHAIR RUFFRIDGDE announced that HB 183 was held over.                                                                        

Document Name Date/Time Subjects
HB 274 Amendment A.2 3.14.24.pdf HEDC 3/15/2024 8:00:00 AM
HB 274
HB 274 Amendment A.1 3.14.24.pdf HEDC 3/15/2024 8:00:00 AM
HB 274
HB 183 ver A.pdf HEDC 3/15/2024 8:00:00 AM
HB 183
HB183 - Sectional Analysis 3.14.2024.pdf HEDC 3/15/2024 8:00:00 AM
HB 183
HB183 - Sponsor Statement 3.14.2024.pdf HEDC 3/15/2024 8:00:00 AM
HB 183
HB 183 Legal Memo 03.14.24.pdf HEDC 3/15/2024 8:00:00 AM
HB 183
HB 183 ver A Fiscal Note 12.18.23.pdf HEDC 3/15/2024 8:00:00 AM
HB 183
HB 183 Support Emails.pdf HEDC 3/15/2024 8:00:00 AM
HB 183