Legislature(2013 - 2014)CAPITOL 106
04/09/2013 08:00 AM House STATE AFFAIRS
Audio | Topic |
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Start | |
SB63 | |
HB139 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 63 | TELECONFERENCED | |
*+ | HB 139 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 139-SEXUAL ORIENTATION DISCRIMINATION 8:37:32 AM CHAIR LYNN announced that the last order of business was HOUSE BILL NO. 139 "An Act adding to the powers and duties of the State Commission for Human Rights; and relating to and prohibiting discrimination based on sexual orientation or gender identity or expression." 8:38:34 AM REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, as sponsor, introduced HB 139. She thanked the committee members for input they had given regarding the proposed legislation, and indicated the intent to continue working on it during the interim. She credited her staff, Elizabeth Bolling, as having done most of the work on HB 139. She noted that Skiff Lobaugh, as director of Personnel for the Legislative Affairs Agency and someone who works on issues related to human resources and employment, was present to answer questions. 8:40:17 AM CHAIR LYNN announced that there would be no time to hear public testimony at the present time. He remarked upon the important nature of HB 139 and said there have been cultural changes in the world. He stated, "Frankly, it's a sign of the times that we're considering legislation such as this." Chair Lynn emphasized the need to consider all points. He asked the sponsor's staff to address the sectional analysis [included in the committee packet]. 8:41:14 AM ELIZABETH BOLLING, Staff, Representative Beth Kerttula, Alaska State Legislature, presented HB 139 on behalf of Representative Kerttula, sponsor. She stated that HB 139 would protect Alaskans from overt discrimination on the basis of sexual orientation and gender identity or expression. The protection would pertain to employment, housing, public accommodations, and financing or credit. She relayed that currently those working in the executive branch are protected [from discrimination] by administrative order; however, the order does not apply to the two other branches of government in Alaska, the general public, or retired military personnel. MS. BOLLING said employers that prefer a particular dress code have the right to put one in place; they have the right not to hire someone if they feel that person does not hold the values of their organization. For example, she said Catholics are not required to hire atheists to work in the church or women to work as priests. These exceptions would still apply under HB 139. She stated that people have a right to say if they do not think a person is a good match for their organization. For example, she said AS 18.80.230 (b) allows companies, such as the fitness organization, "Curves," to refuse to hire or accommodate persons who are not the sex of their regular clientele, thus, a female can go to Curves and expect an all-female environment. MS. BOLLING emphasized it is important to remember that HB 139 would not only protect those who are homosexual, but also those who are heterosexual. She said people often perceive gender identity and orientation before being "told by people themselves." She added, "We can misinterpret people's expression of affection." She stated, "It shouldn't be illegal to avoid hiring someone because you think they might be different than you like." She said retired military personnel often struggle in the transition from military life, where they are protected, to civilian life, where "there is no protection," and she expressed concern that that puts those returning soldiers in a difficult position. CHAIR LYNN offered his understanding that the Municipality of Anchorage had proposed an ordinance, which he did not pass. He asked Ms. Bolling to give a brief description of how HB 139 differs from the ordinance that was debated in Anchorage. MS. BOLLING responded that Proposition 5 provided for gender identity and sexual orientation, but did not provide for expression. In response to Chair Lynn, she explained that the word "expression", as used in HB 139, refers to hand holding, hugging, and kissing. 8:44:37 AM REPRESENTATIVE KELLER directed attention to the words "behavior" and "expression", on page 8, line 9, of HB 139, and he asked what the difference between the two words is under the proposed bill. MS. BOLLING answered, "Behavior is just someone's actions or words, but expression also includes their clothing styles." She indicated that under HB 139, employers would still be allowed to enforce a dress code and "all the exceptions that are currently in place [would] still apply." She said expression includes "things that are nonverbal and verbal." CHAIR LYNN asked if that would include manner of dress. MS. BOLLING answered yes. 8:45:47 AM REPRESENTATIVE KREISS-TOMKINS asked who would be affected by HB 139. MS. BOLLING suggested that there were testifiers who could answer that question if there was enough time to hear testimony. She said HB 139 would make everyone feel safe, regardless of his/her gender identity. CHAIR LYNN asked those who signed up to testify to submit written testimony. 8:46:59 AM REPRESENTATIVE HUGHES remarked, "In the list of the various things, already ... it lists race, religion, color, national origin, age, and sex." She asked Ms. Bolling "why that isn't adequate and why you feel that additional item needs to be listed." MS. BOLLING responded as follows: I called the Human Rights Commission under the Office of the Governor, and asked them that question, and they weren't able to get back to me in time, so the truth is that I don't know, and frankly ... I see why it could protect. But since, I think, many people feel like there isn't protection, it's important to add this to make it specific, so it's clear that you really cannot discriminate against people for their sexual orientation. 8:48:11 AM REPRESENTATIVE HUGHES asked for an example of how heterosexuals would benefit from the protection proposed under HB 139. MS. BOLLING answered that under HB 139, a heterosexual who wanted, for example, to join a group such as Parents, Families, & Friends of Lesbians and Gays (PFLAG) or the [Juneau] Pride Chorus, could not be denied membership. 8:48:50 AM REPRESENTATIVE ISAACSON said Ms. Bolling had said churches are allowed to not hire women as priests, and he asked why PFLAG would not be able keep anyone out of its organization who did not fit its culture. MS. BOLLING answered, "Simply because it's not provided for in the law." In response to the chair, she added, "There's no exception for that in our statutes." REPRESENTATIVE ISAACSON said he does not see how "this is going to provide them with that either, because ... you're adding to the list, but you're not ... specifying ... homosexual groups have to hire heterosexuals." MS. BOLLING asked if Representative Isaacson would like that exception added to the proposed bill. She said currently there is no exception "for that sort of thing." REPRESENTATIVE ISAACSON clarified that he is not asking for that, but said there is an inconsistency in Ms. Bolling's argument. He stated, "At this point I wouldn't be able to ... vote to go forward, you know, in that regard." 8:50:43 AM REPRESENTATIVE HUGHES remarked that the aforementioned exception for priesthood is an exception based on sex, and if that exception is allowed, she asked, "Why could there not be an exception made for that?" 8:51:16 AM REPRESENTATIVE KERTTULA said these are the kinds of questions she welcomes. She stated she believes the reason [for the exception regarding priesthood] is because of the First Amendment freedom of religion and right to association. She said there is a distinction in employment, which seems fundamental in this discussion, and that is that one cannot discriminate when "reasonable demands of the position do not require distinction." However, she said there are obviously certain things that would require a distinction. She indicated that clear answers to questions could be arrived at through ongoing discussion. MS. BOLLING clarified that both the Human Rights Commission and Legislative Legal and Research Services informed her that although priests do get paychecks and are provided housing, it is considered religious office, not employment. She added, "So, that's part of the exception." REPRESENTATIVE KERTTULA thanked the committee for its consideration of HB 139 and its willingness to "help all Alaskans no matter ... their race, creed, sex, sexual identity, or gender." She concluded, "It's an exciting and good day." [HB 139 was held over.]
Document Name | Date/Time | Subjects |
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01 CSSB63(STA).pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
02 CSSB 63(STA) Sponsor Statement.pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
03 CSSB 63(STA) Explanation of Changes.pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
04 CSSB 63(STA) Sectional Analysis.pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
05 SB 63(STA) Fiscal Note.pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
06 SB63 ADVANCE PRINTING.PDF |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
07 SB63 AT PUBLISHING.PDF |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
08 SB63 SERVICE BUSI PRINT.PDF |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
09 SB63 TECHNI PRINT.PDF |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
10 SB63 Letter of Support State Chamber.pdf |
HSTA 4/9/2013 8:00:00 AM |
SB 63 |
01 HB 139.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
02 HB139 Sponsor Statement.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
03 HB139 Sectional Analysis.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
04 HB139 Anchorage Research.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
05 HB139 National Research.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
06 HB139 Letter of Support Longworth.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
07 HB139-DOC-OC-04-04-13.pdf |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
08 Letters of Support HB139.PDF |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |
09 Additional Letters of Suppot HB139.PDF |
HSTA 4/9/2013 8:00:00 AM |
HB 139 |