Legislature(2025 - 2026)BELTZ 105 (TSBldg)
05/05/2025 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| SB147 | |
| SB117 | |
| SB159 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| += | SB 134 | TELECONFERENCED | |
| + | SB 147 | TELECONFERENCED | |
| *+ | SB 159 | TELECONFERENCED | |
SB 117-STATE COMMISSION FOR CIVIL RIGHTS
2:18:06 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 117 "An Act renaming the State
Commission for Human Rights the Alaska State Commission for
Civil Rights; relating to removal of commissioners of the Alaska
State Commission for Civil Rights; relating to reports from the
Alaska State Commission for Civil Rights; relating to the
definition of 'employer' for the purposes of the Alaska State
Commission for Civil Rights; and relating to local civil rights
commissions."
2:18:28 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented the sponsor statement and
provided the sectional analysis for SB 117. He read the sponsor
statement for SB 117:
[Original punctuation provided.]
"An Act renaming the State Commission for Human Rights
the Alaska State Commission for Civil Rights; relating
to removal of commissioners of the Alaska State
Commission for Civil Rights; relating to reports from
the Alaska State Commission for Civil Rights; relating
to the definition of 'employer' for the purposes of
the Alaska State Commission for Civil Rights; and
relating to local civil rights commissions."
Senate Bill 117 provides an overhaul of the Alaska
State Commission on Human Rights (ASCHR, or
Commission) to reflect the work and duties of the 21st
century and beyond. The Commission consists of seven
commissioners appointed by the governor. Their mandate
is to adopt and enforce regulations related to
employment discrimination because of physical and
mental disabilities. A person aggrieved by an alleged
discriminatory practice may file a complaint with the
Commission. The Commission may investigate, hold
hearings, and potentially order appropriate relief.
However, in current law this protection does not
extend to workers at Alaska's many nonprofit
organizations. SB117 would change the name of the
State Commission for Human Rights to the Alaska State
Commission for Civil Rights. SB 117 adds a requirement
that the governor can only remove a commissioner for
cause.
2:19:40 PM
MR. HAYES continued reading the sponsor statement for SB
117:
Cause could include incompetence, neglect, misconduct,
or public or private statements that undermine the
commission's work. In current law, a commissioner can
be removed for any reason. SB 117 would change the
timing and method of the commission's annual report to
the legislature. Instead of the week before convening,
the report would be due on November 15. The report
could be delivered electronically instead of requiring
paper copies. SB 117 would add a defense against a
discrimination claim if the employer is a religious
organization and the employee is hired for a religious
purpose and modifies the definition of "employer" in
the ASCHR statutes to include these workers.
The new provisions in SB 117 will allow the commission
to perform to its highest potential and to fully
assist Alaskans from both the private and non-profit
sectors. As times change the need for a more robust
commission is in demand. SB 117 will give the
commission the leeway and latitude to fulfill its
mission.
2:20:56 PM
MR. HAYES read the sectional analysis for SB 117:
[Original punctuation provided.]
Sectional Analysis
"An Act renaming the State Commission for Human Rights
the Alaska State Commission for Civil Rights; relating
to removal of commissioners of the Alaska State
Commission for Civil Rights; relating to reports from
the Alaska State Commission for Civil Rights; relating
to the definition of 'employer' for the purposes of
the Alaska State Commission for Civil Rights; and
relating to local civil rights commissions."
2:20:57 PM
MR. HAYES continued with the sectional analysis for SB 117:
Sec. 1 Changes the name of the Commission to the
Alaska State Commission for Civil Rights.
Sec. 2 Adds a new subsection to the statute governing
appointments to the commission, stipulating that the
governor can only remove a commissioner for cause.
Cause could include incompetence, neglect, misconduct,
or public or private statements that undermine the
commission's work.
Sec. 3 Changes the timing and method of the
commission's annual report to the legislature. Instead
of the week before convening, the report would be due
on November 15. Also, the report could be delivered
electronically instead of requiring paper copies.
Sec. 4 Adds a defense against a discrimination claim
if the employer is a religious organization and the
employee is hired for a religious purpose.
Sec. 5 Conforming language to the change in Sec. 1,
allowing municipal civil rights commissions.
Sec. 6 Conforming language to the change in Sec. 1, in
the definition of "commission" in the enabling
statutes.
Sec. 7 Changes the definition of "employer" in the
commission's enabling statutes to include all
employers except for nonprofit social and fraternal
organizations. The change broadens coverage to
employees of other nonprofit employers.
Sec. 8 Conforming language to the change in Sec. 1,
describing the role of the executive director.
Sec. 9 Conforming language to the change in Sec. 1,
describing referrals from the Select Committee on
Legislative Ethics to the commission.
Sec. 10 Conforming language to the change in Sec. 1,
regarding the list of public officials required to
make financial disclosures.
Sec. 11 Conforming language to the change in Sec. 1,
regarding applicability of the Administrative
Procedures Act.
2:23:12 PM
SENATOR GRAY-JACKSON asked whether the mandate addressing
employment discrimination based on physical and mental
disability also includes race and age.
2:23:31 PM
MR. HAYES replied that he believes it does.
2:23:50 PM
SENATOR DUNBAR asked about Section 4, AS 18.80.220(e)(1), noting
it appears broader than the traditional ministerial exception.
He expressed concern that, as written, it could allow religious
organizations to discriminate in any position regardless of
religious purpose, unlike prior practice or the narrower scope
established by the U.S. Supreme Court.
2:26:05 PM
MR. HAYES answered that he didn't know, however Executive
Director Corbisier could answer the question.
2:26:23 PM
MR. HAYES moved to slide 2 and read the following:
[Original punctuation provided.]
Alaska State Commission on Human Rights
• State agency that enforces the Alaska civil
rights law in AS 18.80
• Seven commissioners appointed by the Governor and
confirmed by the Legislature
• Small staff and office in Anchorage
• Statewide powers to accept and investigate
complaints from individuals across all regions of
the state
Mission Statement:
To eliminate and prevent discrimination for all
Alaskans
In Alaska, it is illegal to discriminate in:
• Employment
• Places of Public Accommodation
• Sale or Rental of Real Property
• Financing and Credit
• Practices by the State or its Political
Subdivisions
Because of:
• Race
• Color
• Religion
• Sex
• National Origin
• Disability
2:27:02 PM
MR. HAYES moved to slide 3 and read the following:
[Original punctuation provided.]
Background: Current Jurisdiction
• U.S. Equal Employment Opportunity Commission
(EEOC) protects non-profit employees from
discrimination if the employer has at least 15
employees
• Municipal commissions, like the Anchorage Equal
Rights Commission (AERC) and the Juneau Human
Rights Commission (JHRC), cover non-profit
employees in those communities
• The State commission has no jurisdiction to
accept or pursue discrimination cases brought to
them by non-profit employees
(This is due to language in the definition of
"employer" in the ASHRC statutes, AS 18.80.300(5))
2:27:47 PM
MR. HAYES moved to slide 4, a bar graph on nonprofit workforce
and coverage. He stated that Alaska has 5,600 nonprofits
employing about 35,000 people, roughly 12 percent of the state's
workforce, none of whom are covered under the Alaska Non-
Discrimination Employment Statute.
2:28:09 PM
MR. HAYES moved to slide 5 and read the following:
[Original punctuation provided.]
ASCHR: Annual Report
For at least the past five years, the Alaska State
Commission for Human Rights (ASCHR) has stated that
one of their main legislative priorities is to:
"Work with the State Legislature to add non-profits to
ASCHR's jurisdiction in an effort to include
protections for 44,000 currently unprotected workers"
2:28:34 PM
MR. HAYES moved to slide 6 and read the following:
[Original punctuation provided.]
What does the bill do?
1. Changes definition of "employer" to include non-
profit organizations
• The change in HB23 only applies to the State
Commission for Human Rights [AS 18.80.300(5)]
• Retains exceptions for social and fraternal
organizations, and employees of religious
organizations hired for a religious purpose
2. Change name of the commission to the Alaska State
Commission for Civil Rights
3.New statute saying that the governor can only remove
a commissioner for cause (incompetence, neglect,
misconduct, etc.)
4.Change the timing of their annual report to November
15, and allow for it to be provided electronically
2:29:34 PM
SENATOR YUNDT asked if he heard correctly that 12 percent of all
jobs in Alaska are direct employment of a non-profit.
2:29:44 PM
MR. HAYES answered yes.
[CHAIR BJORKMAN announced invited testimony on SB 117.]
2:30:21 PM
ROBERT CORBISIER, Executive Director, Alaska State Commission
for Human Rights, Anchorage, Alaska, testified by invitation on
SB 117. He said this applies to all protected classes and does
not change protections in any of the five jurisdictional areas.
2:30:47 PM
SENATOR GRAY-JACKSON asked if the physical attributes are broken
down in statute to specify race and age.
2:31:10 PM
MR. CORBISIER answered that the statute specifies physical and
mental disabilities and cites existing laws where these
protected classes apply.
2:31:21 PM
SENATOR GRAY-JACKSON asked whether state statutes break down
categories like the slide or simply list "physical" disability.
2:31:45 PM
MR. CORBISIER replied that in statute it says physical or mental
disability.
2:31:51 PM
SENATOR GRAY-JACKSON suggested that the statute should be broken
down to list all types of attributes.
2:32:12 PM
MR. CORBISIER explained that he drafted the language to address
Representative Josephson's past concern that a church janitor
should be able to file a discrimination claim. SB 117 clarifies
that only positions involving ecclesiastical services qualify
for exemption, determined by reviewing job descriptions used in
investigations.
2:33:33 PM
SENATOR DUNBAR referenced the Hosanna-Tabor (2012) and Our Lady
of Guadalupe (2020) Supreme Court cases, which expanded the
ministerial exception to teachers performing some religious
duties. He noted concern that these rulings allow religious
institutions to bypass discrimination laws, even for non-
religious roles. He used Providence Hospital as an example of a
religious nonprofit managed by a Catholic order of nuns. He
emphasized that Alaska's language should ensure the
ecclesiastical exception is narrowly applied to genuine
religious work and not so broad that it removes protections for
employees of religiously affiliated but non-religious
nonprofits.
2:36:42 PM
MR. CORBISIER agreed that organizations like soup kitchens with
a general religious mission, but no church affiliation, should
not be allowed to discriminate. He noted that while Providence
is a large religious nonprofit, only roles explicitly involving
religious duties, such as chapel staff, should qualify for a
religious exemption, not positions like physicians.
2:37:47 PM
SENATOR DUNBAR answered that he agrees.
2:37:54 PM
CHAIR BJORKMAN asked whether churches should be allowed to
consider a job applicant's faith when hiring, noting that many
in the public might find restricting that ability unacceptable.
2:39:01 PM
MR. CORBISIER replied that the First Amendment and U.S. Supreme
Court precedents must be respected. He said the ministerial
exemption was written narrowly to protect legitimate religious
roles while ensuring broader employee protections. He shared
examples, such as church singers and teachers in parochial
schools, where faith-based hiring is permissible due to the
positions' ecclesiastical nature.
2:40:57 PM
SENATOR DUNBAR noted that most related court cases involve
discrimination based on disability or age claims, not religion.
He explained that while it's settled law that churches may hire
based on religion for ministerial roles, the more complex issue
is whether religious employers can discriminate based on race or
disability, areas typically protected under other laws like the
Americans with Disability Act (ADA).
2:42:46 PM
CHAIR BJORKMAN held SB 117 in committee.