04/28/2023 01:00 PM House JUDICIARY

            HB 181-STATE COMMISSION FOR CIVIL RIGHTS                                                                        
                                                                                                                                
1:58:53 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the final order of  business would be                                                               
HOUSE BILL  NO. 181,  "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."                                                                  
                                                                                                                                
CHAIR VANCE opened public testimony on HB 181.                                                                                  
                                                                                                                                
1:59:40 PM                                                                                                                    
                                                                                                                                
CHERYL BOWIE, Representing Self, testified  in support of HB 181.                                                               
She  requested  that  tribal organizations  be  included  in  the                                                               
proposed legislation to start  recognizing cultural diversity and                                                               
respecting people's  civil rights.   She referenced  an offensive                                                               
blog article.   She  alluded to the  use of  Native corporations'                                                               
political savvy  and "ability to bend  the law to gain  access to                                                               
our medical records without individual consent."                                                                                
                                                                                                                                
2:01:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  asked for clarification on  the article                                                               
she had referenced.                                                                                                             
                                                                                                                                
MS.  BOWIE cited  a  Must Read  Alaska  article, titled  "Valerie                                                               
Davidson  says Native  hospitals  don't have  to honor  religious                                                               
exemptions  because aren't  covered by  the Civil  Rights Act  of                                                               
1964" published on  October 12, 2021.  She argued  that there was                                                               
an obligation  [for Native organizations]  to act in  tandem with                                                               
state laws to protect Alaskans and Alaska Native peoples.                                                                       
                                                                                                                                
REPRESENTATIVE ALLARD agreed with Ms.  Bowie.  She summarized the                                                               
article and asked whether she was referring to the correct one.                                                                 
                                                                                                                                
MS.  BOWIE answered  yes.    She emphasized  the  need to  review                                                               
conflicting  laws  [of  Native  organizations]  and  the  various                                                               
interpretations of such laws.   She stressed the need to research                                                               
the impact  of civil rights  issues in Alaska and  suggested that                                                               
the bill was an avenue to do so.                                                                                                
                                                                                                                                
2:05:35 PM                                                                                                                    
                                                                                                                                
KAREN BARNARD,  Representing Self,  opined that the  Alaska State                                                               
Commission  for Human  Rights (ASCHR)  should be  changed to  the                                                               
Alaska State Commission  for Human and Civil Rights.   She opined                                                               
that the removal  of "human" would lead to  abuse against various                                                               
groups of people.  She opined  that two seats on the board should                                                               
be  reserved   for  Alaska  Natives;   further,  that   only  the                                                               
legislature  should be  able  to remove  [a  commissioner].   She                                                               
discussed the removal of the  Alaska Permanent Fund Corporation's                                                               
executive director,  asserting that  it was  unfair.   She argued                                                               
that the bill language on page  1, line 11, allowing the governor                                                               
to remove a commissioner "for cause" was too ambiguous.                                                                         
                                                                                                                                
2:08:42 PM                                                                                                                    
                                                                                                                                
ZACKARY  GOTTSHALL,  Chair,  Alaska State  Commission  for  Human                                                               
Rights (ASCHR), testified in support  for HB 181.  He highlighted                                                               
four major  components of the  bill.   He shared his  belief that                                                               
changing the commission's  name would ensure that  Alaskans had a                                                               
better understanding  of the commission's role  and discussed the                                                               
need to  close a loophole in  statute as it related  to nonprofit                                                               
organizations.  He reported that  2018 data alluded to over 5,700                                                               
nonprofits  in  Alaska  that  constituted  44,000  employees  and                                                               
generated  approximately  $3.9  billion  of annual  income.    He                                                               
explained  that under  current law,  those 44,000  employees were                                                               
unable  to  receive  support from  ASCHR  due  to  jurisdictional                                                               
limitations.                                                                                                                    
                                                                                                                                
2:11:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  Mr.  Gottshall  to  describe  his                                                               
experience with the commission.                                                                                                 
                                                                                                                                
MR.  GOTTSHALL said  he  was first  elected  as the  commission's                                                               
chairman  in  2022, adding  that  he  was recently  reelected  in                                                               
January [2023].                                                                                                                 
                                                                                                                                
2:11:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD asked whether  Mr. Gottshall was supportive                                                               
of the portion  of the bill pertaining to  the governor's removal                                                               
of a commissioner for freedom of speech violations.                                                                             
                                                                                                                                
MR.  GOTTSHALL indicated  that  forthcoming  edits would  address                                                               
that portion of the legislation.                                                                                                
                                                                                                                                
REPRESENTATIVE ALLARD  asked whether  Mr. Gottshall  was speaking                                                               
on behalf of the entire  commission.  Additionally, she asked Mr.                                                               
Gottshall  to  clarify  whether he,  the  commissioners,  or  the                                                               
executive director was making decisions for the commission.                                                                     
                                                                                                                                
MR.  GOTTSHALL  stated  that the  commission  had  brought  forth                                                               
several resolutions, which  were all unanimously voted  upon.  He                                                               
said  the  executive   director  was  often  the   voice  of  the                                                               
commission.    In  regard  to  editing  recommendations  for  the                                                               
proposed  legislation, he  declined  to speak  on  behalf of  the                                                               
commission until the topic was discussed in session.                                                                            
                                                                                                                                
REPRESENTATIVE ALLARD  asked whether  the executive  director was                                                               
providing legal advice to ensure that the bill was accurate.                                                                    
                                                                                                                                
MR. GOTTSHALL remarked:                                                                                                         
                                                                                                                                
     I would say,  carefully, yes, there is  an advantage of                                                                    
     our  executive director  having that  legal background,                                                                    
     but we  also understand that  the AG also  does provide                                                                    
     us with input  as well as it relates  to the legalities                                                                    
     and the  proper terminology.   So,  we have  benefit of                                                                    
     both offices,  I think, when  it comes to  the verbiage                                                                    
     utilized in our resolution that  we push forward to the                                                                    
     legislative branch.                                                                                                        
                                                                                                                                
REPRESENTATIVE ALLARD remarked,  "I'd like for that to  be put on                                                               
record,  that  legal advice  is  being  given  when that  is  not                                                               
allowed."                                                                                                                       
                                                                                                                                
CHAIR VANCE responded,  "Vice Chair Allard, I  don't believe that                                                               
that was the statement that Mr. Gottschall had made."                                                                           
                                                                                                                                
2:14:54 PM                                                                                                                    
                                                                                                                                
JESSIE  RUFFRIDGE,  Commissioner,  Alaska  State  Commission  for                                                               
Human Rights (ASCHR), testified in support  of HB 181.  She noted                                                               
that  often, the  commission was  called for  services that  fall                                                               
outside its  jurisdiction, which she  believed was due to  a lack                                                               
of  clarity   regarding  ASCHR's   name.    She   summarized  the                                                               
components of  the bill,  adding that  she supported  the overall                                                               
intent and purpose of the proposed legislation.                                                                                 
                                                                                                                                
2:16:37 PM                                                                                                                    
                                                                                                                                
MAE MARSH, Vice  Chair, Alaska State Commission  for Human Rights                                                               
(ASCHR), testified in  support of HB 181.  She  outlined the four                                                               
major components  of the  bill, which  had been  voted on  by the                                                               
commission and unanimously passed.                                                                                              
                                                                                                                                
2:18:07 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  closed public  testimony on HB  181.   She announced                                                               
that the bill would be held over.