Legislature(2023 - 2024)BARNES 124
03/17/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB86 | |
| HB85 | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 91 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 85 | TELECONFERENCED | |
| += | HB 63 | TELECONFERENCED | |
| *+ | HB 99 | TELECONFERENCED | |
| += | HB 86 | TELECONFERENCED | |
| += | HB 87 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 17, 2023
3:15 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Stanley Wright
Representative Ashley Carrick
MEMBERS ABSENT
Representative Zack Fields
COMMITTEE CALENDAR
HOUSE BILL NO. 86
"An Act relating to the business of money transmission; relating
to money transmission licenses, licensure requirements, and
registration through the Nationwide Multistate Licensing System
and Registry; relating to the use of virtual currency for money
transmission; relating to authorized delegates of a licensee;
relating to acquisition of control of a license; relating to
record retention and reporting requirements; authorizing the
Department of Commerce, Community, and Economic Development to
cooperate with other states in the regulation of money
transmission; relating to permissible investments; relating to
violations and enforcement of money transmission laws; relating
to money transmission license exemptions; relating to payroll
processing services; repealing currency exchange licenses; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 85
"An Act relating to professional licensing; relating to
temporary licenses for some professions; and providing for an
effective date."
- MOVED CSHB 85(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 99
"An Act relating to and prohibiting discrimination based on
sexual orientation or gender identity or expression."
- BILL HEARD & HELD
HOUSE BILL NO. 91
"An Act relating to deduction of labor or employee organization
dues or service fees from the pay of certain public employees;
and providing for an effective date."
- BILL HEARING CANCELED
HOUSE BILL NO. 63
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), 602(c) and (h), and 603(a), Alaska Rules of
Appellate Procedure; and providing for an effective date."
- BILL HEARING CANCELED
HOUSE BILL NO. 87
"An Act relating to record checks for certain employees of the
Department of Revenue; relating to permanent fund dividends; and
providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 86
SHORT TITLE: MONEY TRANSMISSION; VIRTUAL CURRENCY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/27/23 (H) READ THE FIRST TIME - REFERRALS
02/27/23 (H) L&C, FIN
03/08/23 (H) L&C AT 3:15 PM BARNES 124
03/08/23 (H) Heard & Held
03/08/23 (H) MINUTE(L&C)
03/17/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 85
SHORT TITLE: PROFESSIONAL LICENSING; TEMP PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/27/23 (H) READ THE FIRST TIME - REFERRALS
02/27/23 (H) L&C, FIN
03/08/23 (H) L&C AT 3:15 PM BARNES 124
03/08/23 (H) Heard & Held
03/08/23 (H) MINUTE(L&C)
03/10/23 (H) L&C AT 3:15 PM BARNES 124
03/10/23 (H) Heard & Held
03/10/23 (H) MINUTE(L&C)
03/17/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 99
SHORT TITLE: DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
SPONSOR(s): ARMSTRONG
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) L&C, CRA, JUD
03/15/23 (H) L&C AT 3:15 PM BARNES 124
03/15/23 (H) <Bill Hearing Canceled>
03/17/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
ROBERT SCHMIDT, Director
Division of Banking and Securities
Department of Commerce, Community, and Economic Development
Anchorage, Alaska
POSITION STATEMENT: On behalf of the sponsor, House Rules by
request of the governor, co-presented the sectional analysis for
HB 86 in a PowerPoint presentation and answered questions.
TRACY RENO, Examinations Chief
Division of Banking and Securities
Department of Commerce, Community, and Economic Development
Anchorage, Alaska
POSITION STATEMENT: On behalf of the sponsor, House Rules by
request of the governor, co-presented the sectional analysis for
HB 86 in a PowerPoint presentation and answered questions.
SYLVAN ROBB, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 85.
ERICK CORDERO GIORGANA
Alaska Policy Forum
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 85.
REPRESENTATIVE JENNIE ARMSTRONG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 99 and co-
presented a PowerPoint, titled "HB 99: LGBTQ+
Nondiscrimination."
TRISTAN WALSH, Staff
Representative Jennie Armstrong
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Armstrong,
prime sponsor, co-presented a PowerPoint, titled "HB 99: LGBTQ+
Nondiscrimination."
ACTION NARRATIVE
3:15:34 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:15 p.m. Representatives
Carrick, Wright, Ruffridge, Prax, Saddler, and Sumner were
present at the call to order.
HB 86-MONEY TRANSMISSION; VIRTUAL CURRENCY
3:16:17 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 86, "An Act relating to the business of money
transmission; relating to money transmission licenses, licensure
requirements, and registration through the Nationwide Multistate
Licensing System and Registry; relating to the use of virtual
currency for money transmission; relating to authorized
delegates of a licensee; relating to acquisition of control of a
license; relating to record retention and reporting
requirements; authorizing the Department of Commerce, Community,
and Economic Development to cooperate with other states in the
regulation of money transmission; relating to permissible
investments; relating to violations and enforcement of money
transmission laws; relating to money transmission license
exemptions; relating to payroll processing services; repealing
currency exchange licenses; and providing for an effective
date."
3:16:44 PM
ROBERT SCHMIDT, Director, Division of Banking and Securities,
Department of Commerce, Community, and Economic Development, on
behalf of the sponsor, House Rules by request of the governor,
co-presented the sectional analysis for HB 86 in a PowerPoint
presentation [hard copy included in the committee packet].
3:17:00 PM
TRACY RENO, Examinations Chief, Division of Banking and
Securities, Department of Commerce, Community, and Economic
Development, co-presented the sectional analysis in a
PowerPoint. On slide 2, she gave a brief overview of the goals
of the proposed legislation, which included repealing and re-
enacting language to adopt the [Money Transmission Modernization
Act], which was written by money transmitters and state
regulators over a two-year period. Other goals include
coordination with other states in regulation, licensing, and
supervision; reducing the regulatory burden on Alaska
businesses; protecting Alaska consumers; ensuring money
transmitters are well run and compliant; and acting at the state
level to prevent preemption by the federal government. On slide
3, she stated that the bill is based on the Money Transmitter
Model Law ("Model Law"), which is expected to be passed or
introduced by 40 states by the end of 2024.
MS. RENO continued to slide 4 and slide 5. She stated that
Section 1 of the proposed legislation would modernize licensure
requirements; add Model Law language for the burgeoning virtual
currency industry; allow DCCED to coordinate with other states
in regulation, licensing, and supervision; standardize the types
of activities which are subject to licensing; and modernize
safety and soundness requirements for money transmission. She
stated that Section 2 through Section 4 would modify the
requirements for licensure applications. She continued to slide
6 and stated that Section 5 of the proposed legislation would
repeal and reenact AS 06.55.106, modifying language regarding
license renewal. She explained that the cost of renewal would
be based on the volume of money moved through a money
transmitter. She stated that Section 6 would add new sections
to AS 06.55 to provide for background checks for money
transmitters, and Section 7 would add new provisions to AS 06.55
to account for business involving virtual currency.
3:23:20 PM
MS. RENO continued to slide 9, stating that Section 8 and
Section 9 would repeal and reenact AS 06.55.301 and amend AS
06.55.302 to conform to the Model Law. A licensee would be
allowed to sign a written contract to have an individual act as
a delegate on his/her behalf. She stated that Section 10 would
repeal and reenact AS 06.55.401 to provide details on
examinations and reduce the regulatory burden by accepting an
examination performed by another state. Sections 11 through 15
would repeal and reenact AS 06.55.403 and AS 06.55.404 to
require quarterly reports and access of such information by
DCCED. She said that Section 16 and Section 17 would require
records to be kept for five years, while Section 18 would
require licensees to comply with federal law on matters of money
laundering reports. She stated that Section 19 through Section
28 would repeal and reenact, or amend, AS 06.55.407-412, 501,
and 502 to provide for greater consistency between state statute
and the Model Law.
3:26:27 PM
MS. RENO continued to slide 14 through slide 16 and stated that
Section 29 would create credit, securities, and net worth
requirements to AS 06.55, making licensees demonstrate net worth
as part of their application. She said Section 30 through
Section 37 would amend the penalties for regulatory violations
relating to money services in AS 06.55. She stated that Section
38, Section 39, and Section 42 would amend the criminal
penalties, and Section 40 and Section 41 would classify currency
exchange as a form of money transmission, eliminating the need
for a second license.
3:28:20 PM
MS. RENO moved to slide 17 through slide 20 and stated that
Section 43 would create certain exceptions, including payroll
processing. Section 44 would allow the department to require
documentation demonstrating the stated exception. She said that
Section 45 and Section 46 would require licensees to provide
customers with notices of how to file a complaint, should they
have one. If done by telephone, she said, Section 47 would
require the determination of the state of the transaction. She
continued that Section 48 through Section 50 would require
receipt availability, timely transmission of funds, and outline
of refunds consistent with the Model Law.
3:30:39 PM
MS. RENO moved to slide 21 through slide 24 and stated that
Section 54 through Section 62 would modify definitions of the
terms of control to be consistent with the Model Law. These
terms include money transmission, payment instrument, person,
state, and stored value. She stated that Section 63 would
create a short title for the bill, Section 64 would require
background checks for money transmitters and money transmission
employment, and Section 65 would list repealed statutes rendered
unnecessary by the legislation. She said that Section 66
through Section 70 would create effective dates and a period of
transition for new regulations.
3:32:42 PM
MR. SCHMIDT continued to slide 25 and slide 26 and gave a brief
overview of the money transmission volume in Alaska. He
reiterated that the proposed legislation is important because it
would protect consumers, reduce regulatory burden, and place
states on the same playing field without the need for federal
intervention.
3:34:38 PM
REPRESENTATIVE PRAX asked why this type of legislation should be
handled at the state level rather than the federal level, and
whether individual states could change certain aspects of the
legislation.
MR. SCHMIDT answered that states still could have their own
statutes. He stated that both the industry and states have an
interest in solving the issue without the intervention of the
federal government because of their proximity to the consumer.
3:36:22 PM
CHAIR SUMNER questioned how there would be an assurance that the
funds are available if a transaction is across state lines.
MR. SCHMIDT answered that money transmitters would have daily
transmission liability, which would be reported to DCCED.
MS. RENO added that the Division of Banking and Securities
conducts multi-state examinations to ensure regulations are
being followed.
CHAIR SUMNER asked if money being held in other states could
create jurisdictional issues.
MR. SCHMIDT answered that bonding requirements and examinations
are designed to prevent such occurrences.
3:39:16 PM
REPRESENTATIVE RUFFRIDGE asked whether the proposed legislation
would create new types of licenses.
MR. SCHMIDT answered that it would not; however, some license
types will be combined into a single license. In response to a
follow-up question, he stated that the regulatory burden would
be reduced by using the same regulations for money transmission
from state to state. In response to a follow-up question, he
stated that new regulations would be created.
3:41:22 PM
REPRESENTATIVE CARRICK questioned the number of states which are
using or plan to use the Model Law. He questioned whether there
is a similarity in the wording to HB 86.
MR. SCHMIDT answered that 40 states have passed or are planning
to introduce similar legislation, with Arizona's legislation
nearly identical to HB 86. In response to a follow-up question,
he expressed the opinion that DCCED would be a better place to
enact these regulations, rather than the federal government.
3:44:29 PM
REPRESENTATIVE WRIGHT asked how a money transmission could be
determined to be fraudulent.
MS. RENO answered that money transmitters may receive
information which indicates fraud, and it must act on such
information if it is reasonably believed to be fraud. In
response to a follow-up question, she said that everything in a
fraud investigation is well documented.
3:47:05 PM
CHAIR SUMNER announced HB 86 was held over.
HB 85-PROFESSIONAL LICENSING; TEMP PERMITS
3:47:25 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 85, "An Act relating to professional licensing;
relating to temporary licenses for some professions; and
providing for an effective date."
3:47:55 PM
REPRESENTATIVE RUFFRIDGE moved to adopt Amendment 1 to HB 85,
labeled 33-GH1614\A.1, Bergerud, 3/13/23, which read as follows:
Page 1, line 10:
Delete "or territory of the United States or province
or territory of Canada"
There being no objection, Amendment 1 to HB 85 was adopted.
3:48:09 PM
The committee took an at-ease from 3:48 p.m. to 3:49 p.m.
3:49:26 PM
REPRESENTATIVE PRAX moved to reconsider Amendment 1 to HB 85.
3:49:46 PM
The committee took an at-ease from 3:49 p.m. to 3:50 p.m.
3:50:13 PM
A roll call vote was taken. Representatives Prax, Ruffridge,
Saddler, Wright, Carrick, and Sumner voted in favor of
reconsideration of Amendment 1 to HB 85. Therefore,
reconsideration of Amendment 1 to HB 85 was passed by a vote of
6-0.
3:51:03 PM
REPRESENTATIVE SADDLER objected to Amendment 1 for the purpose
of discussion.
REPRESENTATIVE RUFFRIDGE explained that Amendment 1 would remove
the provision allowing a temporary license to be offered to an
individual from a state in which a license for the occupation is
not required.
REPRESENTATIVE SADDLER removed his objection.
3:52:02 PM
REPRESENTATIVE PRAX objected to Amendment 1. He stated that the
goal of the bill would be to allow qualified people to work in
the state without having to go through a longer application
process.
3:53:05 PM
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development, stated that the bill would require
documentation which proves an individual meets the standards set
forth by the state to receive a temporary license.
3:53:48 PM
REPRESENTATIVE CARRICK asked for an example of an occupation in
a scenario where this would be applicable.
MS. ROBB responded that massage therapists require a license in
45 states, while naturopaths require a license in only 20
states. In response to a follow-up question, she said
naturopaths require licensure in Alaska.
3:54:45 PM
REPRESENTATIVE SADDLER expressed the belief that the amendment
would protect the people of Alaska, because it would be a burden
to request the division to judge another state's qualifications,
when the state may not have similar licensing as Alaska.
3:55:33 PM
REPRESENTATIVE PRAX asked whether the amendment would allow an
individual to work sooner if this individual had the necessary
qualification from a state without licensing.
MS. ROBB answered that such an individual would need a temporary
license to begin working sooner than they would otherwise be
able to. She added that the amendment would remove the option
for such an individual to receive a temporary license.
3:57:46 PM
REPRESENTATIVE RUFFRIDGE commented that Amendment 1 would still
allow for temporary licenses to be issued to individuals from
jurisdictions which require licensing. He expressed agreement
with Representative Saddler's point, that asking the division to
evaluate unlicensed individuals would be a difficult task.
3:59:27 PM
REPRESENTATIVE PRAX maintained his objection to Amendment 1.
A roll call vote was taken. Representatives Ruffridge, Saddler,
Wright, Carrick, and Sumner voted in favor of Amendment 1 to HB
85. Representative Prax voted against it. Therefore, Amendment
1 was adopted by a vote of 5-1.
4:00:14 PM
REPRESENTATIVE RUFFRIDGE moved to adopt Amendment 2 to HB 85, as
amended, labeled 33-GH1614\A.2, Bergerud, 3/13/23, which read as
follows:
Page 2, line 3, following "state;":
Insert "or"
Page 2, lines 4 - 7:
Delete all material.
Reletter the following subparagraph accordingly.
4:00:20 PM
REPRESENTATIVE CARRICK objected. She asked whether references
to Canadian jurisdictions would be removed throughout the entire
bill.
REPRESENTATIVE RUFFRIDGE answered yes.
4:01:51 PM
REPRESENTATIVE CARRICK asked whether Canadian jurisdictions had
significantly different requirements than those within the
United States.
MS. ROBB expressed uncertainty.
REPRESENTATIVE RUFFRIDGE answered that certain licenses for
medical professions differ significantly in certain aspects,
such as testing.
4:04:01 PM
REPRESENTATIVE SADDLER commented that asking the division to
evaluate Canadian jurisdictional requirements would be
challenging and expressed his support for the amendment.
4:04:50 PM
REPRESENTATIVE PRAX asked whether territories of the U.S. have
less rigorous licensure requirements.
REPRESENTATIVE RUFFRIDGE answered that U.S. territories
generally have close requirements to those of the states.
4:05:59 PM
REPRESENTATIVE CARRICK maintained her objection.
A roll call vote was taken. Representatives Prax, Ruffridge,
Wright, Saddler, and Sumner voted in favor of Amendment 2 to HB
85, as amended. Representative Carrick voted against it.
Therefore, Amendment 2 was adopted by a vote of 5-1.
4:06:43 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 3 to HB 85, as
amended, labeled 33-GH1614\A.3, Bergerud, 3/13/23, which read as
follows:
Page 2, lines 24 - 26:
Delete "The department may consider an application and
grant a temporary license before obtaining any
resulting report."
4:06:47 PM
REPRESENTATIVE CARRICK objected for the purpose of discussion.
She requested an explanation of the amendment.
REPRESENTATIVE SADDLER expressed the opinion that a criminal
background check should take place before the issuance of a
temporary license.
4:07:40 PM
REPRESENTATIVE CARRICK asked whether waiting for a background
check would be a hindrance to the intent of the bill.
MS. ROBB expressed the opinion that it would. She said that the
division issues full licenses to individuals while awaiting
background checks and added licenses could be revoked if a
negative result was returned. She stated that many other states
also require background checks, and individuals from these
jurisdictions would have gone through a previous background
check. She added that the only temporary license issued to a
profession requiring a background check is for nurses.
4:11:20 PM
REPRESENTATIVE PRAX asked what types of criminal activity would
cause an individual to be disqualified.
MS. ROBB answered that it varies between different professions.
She said that typically, there would need to be some type of
correlation between the crime and the occupation, such as a
certified public accountant committing embezzlement.
4:12:40 PM
REPRESENTATIVE SADDLER questioned, if there are few causes for a
denial of license issuance, what is the purpose of having
criminal background checks for nurses.
MS. ROBB answered that it encourages truthfulness on the license
application.
4:13:31 PM
REPRESENTATIVE RUFFRIDGE commented that he would not support the
amendment because of the potential harm to the cause of the
bill.
4:14:30 PM
A roll call vote was taken. Representative Saddler voted in
favor of Amendment 3 to HB 85, as amended. Representatives
Wright, Carrick, Prax, Ruffridge, and Sumner voted against it.
Therefore, Amendment 3 failed by a vote of 1-5 .
4:15:05 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 4 to HB 85, as
amended, labeled 33-GH1614\A.4, Bergerud, 3/14/23, which read as
follows:
Page 1, line 10:
Delete "or province or territory of Canada"
4:15:07 PM
REPRESENTATIVE CARRICK objected for the purpose of discussion.
She requested an explanation of the amendment.
REPRESENTATIVE SADDLER stated that Amendment 4 would allow the
department to extend the length of temporary licenses if
necessary. It would create consistency with military courtesy
licenses. In response to a follow-up question, he said that
there would be no priority between the department and any of the
occupational licensing boards.
4:17:13 PM
REPRESENTATIVE RUFFRIDGE requested a description of the
licensing process and which boards issue licenses.
MS. ROBB answered that the processes for the different boards
vary, with some doing their own in-depth review of certain
candidates based on responses to certain questions. She stated
that the division requires documentation from any convictions,
along with other necessary paperwork, such as test scores.
4:20:13 PM
REPRESENTATIVE SADDLER commented that the amendment would only
apply to extensions for temporary licenses which already had
been approved.
4:21:03 PM
A roll call vote was taken. Representatives Saddler, Wright,
and Sumner voted in favor of Amendment 4 to HB 85, as amended.
Representatives Prax, Ruffridge, and Carrick voted against it.
Therefore, Amendment 4 failed by a vote of 3-3.
4:21:45 PM
CHAIR SUMNER opened public testimony on HB 85.
4:22:02 PM
ERICK CORDERO GIORGANA, Alaska Policy Forum, stated that
approximately one quarter of the jobs in the United States
require some type of occupational licensure. He stated that
moving to another state is difficult and requiring an individual
to requalify for a license which he/she may already possess in
another state is unnecessary. He argued that reducing licensing
barriers would help low-income workers, increase competition,
and have a positive effect on the economy.
4:23:56 PM
CHAIR SUMNER, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 85.
4:24:07 PM
REPRESENTATIVE RUFFRIDGE moved to report HB 85, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
85(L&C) was reported from the House Labor and Commerce Standing
Committee.
4:24:39 PM
The committee took an at-ease from 4:24 p.m. to 4:25 p.m.
HB 99-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
4:25:30 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 99, "An Act relating to and prohibiting
discrimination based on sexual orientation or gender identity or
expression."
4:25:53 PM
JENNIE ARMSTRONG, Alaska State Representative, as prime sponsor,
introduced HB 99 and presented the PowerPoint titled "HB 99:
LGBTQ+ Nondiscrimination" [hard copy included in committee
packet]. Pointing to slide 2, she stated that Alaska currently
allows discrimination based on sexual orientation, gender
expression, and gender identity, and the bill would align the
state with a previous Supreme Court decision ruling that
discrimination based on these factors is inherently
discrimination based on sex. She offered that religious
organizations would not be affected by the change, and the
Alaska Commission on Human Rights does not oversee schools or
education. She said that this commission oversees employment,
housing, financing, government practices, and public
accommodation.
4:28:38 PM
REPRESENTATIVE ARMSTRONG continued to slide 3 through slide 5
and expressed the opinion that discrimination is bad for
business and the economy. She said that Alaska has seen 10
years of outmigration, and she argued preventing discrimination
would make Alaska a better place to raise a family. She stated
that the proposed legislation would place Alaska into alignment
with major Alaskan employers and Fortune 500 companies. She
stated that a statewide solution is required because not all
communities have the legal authority to pass nondiscrimination
ordinances.
4:31:27 PM
REPRESENTATIVE ARMSTRONG continued to slide 6 through slide 9
and stated that Alaska ranks 25th for the number of same-sex
couples per 1,000 households. She said that 73 percent of
people surveyed in Anchorage have reported hiding their sexual
orientation or gender identity. Nearly half of those surveyed
reported workplace harassment due to these factors. She pointed
out the U.S. Supreme Court ruled in Bostock v. Clayton County,
590 U.S. 644 (2020), that these forms of discrimination are
discrimination against sex as a whole. She continued to slide
10 and slide 11 and stated that sex is a protected class against
discrimination under the Alaska Commission for Human Rights.
She stated that HB 99 would codify these protections, aligning
with the U.S. Supreme Court ruling. She explained that the
attorney general and Alaska Department of Law held that
legislation would be necessary to enact those changes in Alaska.
4:36:22 PM
TRISTAN WALSH, Staff, Representative Armstrong, Alaska State
Legislature, on behalf of Representative Armstrong, prime
sponsor, co-presenting the PowerPoint, moved to slide 12. He
stated that HB 99 would update the definition of "sex" [found]
in AS 18.80.300 to include "sexual orientation, gender, [and]
identity or gender expression." He explained that the proposed
legislation would align the state with the U. S. Supreme Court's
ruling. He also pointed out other similar cases and laws in the
county. He explained how the definitions in the proposed
legislation would be expanded, directing attention to the
complications concerning sexual orientation and gender, as it is
"innate and can't be changed." He stated that the proposed
legislation also would make conforming changes to the definition
of "blockbusting" in reference to real estate.
[HB 99 was held over.]
4:39:16 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:39 p.m.