Legislature(2023 - 2024)BARNES 124
04/11/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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 | |
| Presentation(s): Department of Public Safety | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 99 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 11, 2023
8:02 a.m.
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Kevin McCabe, Vice Chair
Representative Tom McKay
Representative Justin Ruffridge
Representative Rebecca Himschoot
Representative Donna Mears
MEMBERS ABSENT
Representative Josiah Patkotak
OTHER LEGISLATORS PRESENT
Representative Alyse Galvin
Representative Andrew Gray
COMMITTEE CALENDAR
PRESENTATION(S): DEPARTMENT OF PUBLIC SAFETY
- HEARD
HOUSE BILL NO. 99
"An Act relating to and prohibiting discrimination based on
sexual orientation or gender identity or expression."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 99
SHORT TITLE: DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
SPONSOR(s): REPRESENTATIVE(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
03/17/23 (H) Heard & Held
03/17/23 (H) MINUTE(L&C)
03/20/23 (H) L&C AT 3:15 PM BARNES 124
03/20/23 (H) Heard & Held
03/20/23 (H) MINUTE(L&C)
03/27/23 (H) L&C AT 3:15 PM BARNES 124
03/27/23 (H) Moved HB 99 Out of Committee
03/27/23 (H) MINUTE(L&C)
03/29/23 (H) L&C RPT 3DP 3NR 1AM
03/29/23 (H) DP: FIELDS, CARRICK, SUMNER
03/29/23 (H) NR: SADDLER, WRIGHT, RUFFRIDGE
03/29/23 (H) AM: PRAX
04/11/23 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
JAMES COCKRELL, Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Co-presented a PowerPoint, titled "Overview
of the Department of Public Safety."
BRYAN BARLOW, Deputy Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Co-presented a PowerPoint, titled "Overview
of the Department of Public Safety."
MO HUGHES, Division Director
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the presentation
on the Department of Public Safety.
REPRESENTATIVE JENNIE ARMSTRONG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 99 via 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, gave the sectional analysis of HB 99 and answered
questions.
ROB CORBISIER, Executive Director
Alaska State Commission on Human Rights
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
99.
MARGRET BERGERUD, Legal Counsel
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
99.
ACTION NARRATIVE
8:02:35 AM
CHAIR CJ MCCORMICK called the House Community and Regional
Affairs Standing Committee meeting to order at 8:02 a.m.
Representatives McKay, Ruffridge, Himschoot, Mears, McCabe, and
McCormick were present at the call to order.
^PRESENTATION(S): Department of Public Safety
PRESENTATION(S): Department of Public Safety
8:03:27 AM
CHAIR MCCORMICK announced that the first order of business would
be a presentation on the Department of Public Safety.
8:04:41 AM
JAMES COCKRELL, Commissioner, Department of Public Safety (DPS),
co-presented a PowerPoint, titled "Overview of the Department of
Public Safety" [hard copy included in the committee packet]. He
moved to slide 2, which showed DPS's mission of ensuring public
safety and enforcing fish and wildlife laws. The slide listed
DPS's key objectives, as follows: rural Alaska enforcement and
public safety, domestic violence and sexual assault, the Village
Public Safety Officer (VPSO) Program, investigations on
narcotics and major crimes, and fisheries and wildlife resource
protection. He added that there are around 90 Alaska Wildlife
Troopers.
COMMISSIONER COCKRELL moved to slide 3, which displayed the
divisions, programs, boards, and councils within DPS. Slide 4
listed DPS's successes over the last year, which include the
addition of new investigators for missing or murdered Alaska
Natives. He stated that there has also been the addition of two
new Tribal liaisons, 51 new State Troopers and 64 new VPSOs. He
also pointed out DPS's successes in illicit fentanyl seizures.
In response to a committee question concerning the new wellness
program, he explained that the program includes staff who are
dedicated to the wellness of troopers, which includes one
sergeant, one lieutenant, and 30 peer-support positions. He
stated that these positions are trained to address traumatic
events officers may experience. He stated that seeing to the
wellness of its employees is part of DPS's obligation. In
response to a committee question, he stated that the [public
safety] union is involved with the department, but it does not
have a specific person assigned to provide wellness services.
He commented that having a union member for this duty would be a
good addition.
8:15:26 AM
COMMISSIONER COCKRELL, addressing another department success,
stated that the bodycam project is in process. In response to a
committee question, he expressed appreciation for the offer to
help with the cost and stated that last year the program was
funded through a federal grant, along with some state funding.
He added that a problem with this project is the need for
broadband in rural Alaska and the need to hire new positions.
He stated that in the next month the bodycam pilot project will
be "telling." He added that the processing of public
information requests can be timely and costly, and these fees
need to be addressed.
COMMISSIONER COCKRELL stated that another DPS success is the
seizing of around 200,000 illegally harvested salmon. In
response to a committee question, he replied that the fish are
sold, with some of the money going into the general fund and
some into the Department of Fish and Game fund.
8:20:20 AM
BRYAN BARLOW, Deputy Commissioner, Department of Public Safety,
co-presented the PowerPoint, titled "Overview of the Department
of Public Safety." On slide 5, he showed a map of Alaska and
the breakdown of the Division of Alaska State Troopers, which
includes four patrol detachments. The slide also showed a
breakdown within these detachments. He moved on to slide 6,
which focused on the accomplishments and challenges of the state
troopers. Under accomplishments, he pointed out that in 2022
there was a big increase in the seizure of illicit drugs. He
continued by indicating that the troopers have solved a high
percentage of homicide cases within the last year. Continuing,
he spoke about the creation of a program to enhance the presence
of troopers in rural Alaska. He addressed the online reporting
program, which helps remove the reporting burden from troopers.
Concerning the challenges, he discussed problems of recruitment
and retention, as many troopers will be retiring soon. He
stated that the focus now is on attempting to slow the departure
of non-retiring employees. He added that this is a topic of
daily discussion for the department. Other challenges include
tracking the technical changes in how crimes are committed and
the importation of drugs and alcohol into rural Alaska, of which
is a major focus. The last challenge he addressed is rural
housing for troopers, which is a major fundamental factor in the
ability to place troopers in rural parts of Alaska.
8:29:59 AM
MO HUGHES, Colonel, Director, Alaska State Troopers, Department
of Public Safety, in response to a committee question, expressed
uncertainty concerning the specific drug in question. He stated
that he would report back to the committee on this.
8:30:14 AM
COMMISSIONER COCKRELL, in response to a committee question
concerning housing, responded that he is unaware of the project
where high school students are building housing for rural
Alaska. He discussed the housing options for DPS and said that
the department is "struggling" in this aspect. He noted that
other departments are also competing for rural housing. In
response to a committee question concerning whether the two-on
and two-off posts are solving the staffing issues in rural
Alaska, he replied that currently this is the best practice;
otherwise, there would be no state troopers in most of the
communities.
MR. BARLOW continued with the presentation and addressed the
fiscal year 2024 budget changes, as seen on slide 7. These
include rural trooper housing leases, added staffing positions,
and Internet connectivity in rural areas. He stated that
Internet connectivity has a big impact on the department's
ability to operate. He moved to slide 8 and discussed the High
Intensity Drug Trafficking Areas (HIDTA). He stated that these
are federally designated areas. He said that there are 33 areas
nationwide, with Alaska's first area created a couple years ago.
He indicated that this has enhanced the support for drug
trafficking investigations in the state, as HIDTA brings in
federal funding and creates more of a collaborative effort in
the state. In response to a committee question, he stated that
the entities involved in the collaborative effort are state
troopers, local departments, and federal entities. In response
to a committee question, he stated that there is a big base of
operation surrounding the Bethel area. He continued that the
illicit drug problem in the western part of the state is a prime
focus. Because there is not a road system, he explained that
commercial air carriers are a major way drugs are brought into
Alaska, and these airports are important in addressing the
problem, as this would be before the drugs reach the smaller
communities. He moved to the next slide which listed the
different narcotics teams across the state. In response to a
committee question, he stated that the statewide drug
enforcement efforts include working with entities outside of the
state boarders to stop the drugs from entering Alaska.
8:45:25 AM
COMMISIONER COCKRELL moved to slide 11 and stated that there are
90 funded Alaska Wildlife Troopers. He said their major
function is partnering with federal agents across the state to
protect the state's wildlife resources. He pointed out that DPS
does play a role in statewide boating safety, but he suggested
that it should play a more substantial role. He pointed out the
large amount of coastline in the state, as many of the
department's resources are pushed towards patrolling the
commercial fisheries. He expressed the importance of sustaining
the fisheries for Alaskans who rely on this as a way of life.
MR. BARLOW moved to slide 12 and discussed DPS's Aircraft
Section. He stated that because of the amount of roadless areas
in the state, DPS depends daily on its fleet of aircraft for
activities such as law enforcement response, search and rescue,
and wildlife resource protection. He discussed the department's
aircraft fleet and how the larger planes are used for disaster
response.
COMMISIONER COCKRELL, on the same slide, summarized DPS's Vessel
Section. He stated that the state has a vast amount of marine
resources, and the troopers rely heavily on the department's
vessels to patrol and protect these resources. In response to a
committee question, he stated that there has been a funding
request concerning the decommissioned vessel, P/V Enforcer. He
discussed how crucial the vessel has been regarding the
resources in Southeast Alaska.
COMMISIONER COCKRELL moved on to slide 13 and discussed the VPSO
Program, and the positive direction the program has taken over
the past couple of years. He pointed out that now there is a
full-time director, and the structure of the program is working.
He stated that many positions have been filled, and funding is
being requested for more positions. In response to a committee
question, he stated that VPSOs are part of the wellness program,
and they are provided with additional training, if requested.
In response to a committee request, he explained the structure
of the VPSO program and the collaborative effort with the Native
tribes, as they are funding grantees. He discussed how the VPSO
program has developed into having more responsibilities.
9:00:07 AM
MR. BARLOW continued the presentation on slide 15 and pointed
out the importance of the Division of Fire and Life Safety. He
stated that the division conducts fire safety inspections and
investigates significant fires. He stated that one of the
challenges is expanding the presence of deputy fire marshals
into rural areas of the state. He moved to slide 16 and
addressed the organization of the Division of Statewide Support.
On slide 17, he pointed out the entities in this division, which
include: the State Crime Lab, Criminal Justice Information
Services, the Alaska Police Standards Counsil, the Violent
Crimes Compensation Board, and the Alaska Public Safety
Communications Services. He stated that all these entities are
significantly important for operations.
COMMISIONER COCKRELL moved to slide 18 and addressed the recent
decrease in overall violent crime in the state; however, he
noted that there has been an uptick in sexual assaults. He
advised that this report is a snapshot in time, and it is
possibly a result from the COVID-19 pandemic. He advised that
the numbers could increase in the next year. In response to a
committee question, he stated that normally it is known whether
an individual is under the influence of alcohol or narcotics,
but officers would not necessarily make notes on the mental
health of individuals, as this information is protected. He
stated that there is data on the number of arrests per driving
under the influence of alcohol. He deferred the question on
whether there is comprehensive data on these types of arrests.
MR. BARLOW responded that there are dispatch notes, which would
articulate whether someone is under the influence of alcohol or
drugs, and this data can be put into statistics. He stated that
these things, along with mental health issues, contribute to
many of the service calls the department receives.
9:07:21 AM
COMMISIONER COCKRELL moved to slide 18 and addressed sexual
assault in the state. He said that in the Yukon-Kuskokwim Delta
area the number of sexual assaults is "essentially horrible."
He stated that this area leads the state in these crimes, and
the crimes are mostly involving Alaska Natives. In response to
a committee comment concerning the devastating statistics for
sexual assault, he stated that many times the victim has
knowledge of the perpetrator. In response to a committee
question concerning prevention, he noted that once law
enforcement is involved, there is already a victim. In response
to a follow-up question, he stated that these statistics were
gathered prior to the 2022 enactment of the state's consent law;
therefore, it is too early to understand the effects of the law.
COMMISSIONER COCKRELL moved to slide 19 and stated that the
primary focus of the Council on Domestic Violence and Sexual
Assault is prevention. He added that it also provides safe
shelters around the state. He spoke about the council's funding
and the grants it awards to the small communities. He pointed
out the Language Access Plan, which focuses on the Native
languages spoken around the state. He continued to slide 20 and
stated that the council is mainly federally funded; however,
this funding is continuing to decrease. He advised that to
provide these grants, a consistent level of support is needed.
In response to a committee question concerning emergency calls
from villages, he stated that rural Alaska is "suffering" from
not having consistent 911 services. He continued that these
calls from the villages hit a "trunk line," and they end up in
Fairbanks where there is no way to determine the source of the
call. He stated that DPS is working on a better solution;
however, this is a very big problem, and any solution would need
a lot of funding. He expressed frustration that, after 60
years, there is still not adequate law enforcement or a
structure for the troopers in the villages. He observed that
state funding goes to other places, but it does not address
this. He gave the example of a village waiting three days after
a homicide for a state trooper to arrive. He argued that the
department needs rural housing, a consistent budget, and a team
to support its efforts in rural Alaska. In response to a
committee question on the funding from the Restorative Justice
Program, he stated that the problem with this funding is, it
could change too. He expressed the opinion that general funds
would be a more stable way to address these problems and funding
the budget, and the Restorative Justice Program funding could be
used in areas which do not require stable funding. He stated
that stable funding is needed for the village grantees because
these rural communities to not have the resources.
9:22:08 AM
The committee took an at-ease from 9:22 a.m. to 9:24 a.m.
HB 99-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
9:24:47 AM
CHAIR MCCORMICK 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."
9:25:46 AM
REPRESENTATIVE JENNIE ARMSTRONG, Alaska State Legislature, as
prime sponsor, introduced HB 99 via a PowerPoint, titled "HB 99:
LGBTQ+ Nondiscrimination" [hard copy included in the committee
packet]. She stated that HB 99 would add sexual orientation,
gender identity, and gender expression as protected classes
under the statutes governing the Alaska Commission for Human
Rights (ASCHR). She stated that all Alaskans are protected
classes; thus, this would not be treating lesbian, gay,
bisexual, transgender, and queer (LGBTQ) individuals in a
special way, but it would make sure these individuals have the
same rights as everyone else. She stated that this is a cleanup
bill following the decision by the Supreme Court of the United
States in Bostock v. Clayton County, 590 U.S. 644 (2020).
Because of this case, she explained that LGBTQ discrimination in
employment is protected across the U.S. She continued that the
proposed legislation would expand this to all the five areas
ASCHR covers. She stated that ASCHR was briefly allowed to
cover these five areas; however, for this to continue it must be
put into statute. She argued that discrimination in the state
is currently legal, and per Bostock v. Clayton County, these
protections for the LGBTQ community should be codified.
9:27:52 AM
REPRESENTATIVE ARMSTRONG advised that the bill would not
interfere with religious freedoms. She continued that the five
subject areas the bill would address that ASCHR oversees, as
seen on slide 2, are: housing, financing, employment, government
practices, and public accommodation. She said that cases on
discrimination based on employment are currently being heard by
ASCHR, and she reiterated that the proposed legislation would
extend this to the other four categories. She addressed
discrimination's negative effects on society and business, as
seen on slide 3. She displayed a supplementary slide [hard copy
included in the committee packet] showing an ad from the website
Zillow, which warned that communities in some parts of Alaska
are not protected against discrimination for housing. She
argued the state is suffering from outmigration because of this.
She moved to the next slide, which shows that 80 percent of
Americans support LGBTQ nondiscrimination policies. She
continued that 9 out of the top 10 employers in the state lists
sexual orientation in their nondiscrimination policy. She
argued that the proposed legislation would bring workers to the
state. She moved to slide 5, which listed the economic benefits
from having comprehensive nondiscrimination policies. She
stated that unless a city is listed as "first class" its
assembly cannot pass a nondiscrimination ordinance, and this is
why a statutory solution is needed. She moved to the next slide
which showed the percentage of same sex couples in the state.
It also showed the percentage of the workforce in the state who
identify as LGBTQ. She pointed out that many people hide their
sexual orientation for fear of employment discrimination. On a
supplemental slide, included in the committee packet, she
displayed a study on the effects of discrimination on employment
in Alaska.
REPRESENTATIVE ARMSTRONG moved to slide 7, which lists the
impacts on LGBTQ Alaskans when they face discrimination. She
explained that these setbacks stop members of this community
from having a productive role in society. She noted the effects
on LGBTQ Native youth, which include homelessness. She pointed
to a letter in the committee packet which explains the effects
of this. She reiterated the importance of Bostock v. Clayton
County.
9:34:30 AM
REPRESENTATIVE ARMSTRONG continued to slide 11 and listed what
is currently covered under AS 18.80, the state's human rights
statute. She argued that the definitions in Bostock v. Clayton
County need to be included in this list, as Alaska Supreme Court
case law covers all five subject areas, not just employment.
She reminded the committee that from February 2021 to August
2022, ASCHR had been able to cover all discrimination areas, and
the supreme court cases support this. She stated that this was
rescinded because it was found by the state's attorney general
that ASCHR would need statutory authority to continue the
practice, and she pointed out that HB 99 would give this
authority.
9:36:31 AM
TRISTAN WALSH, Staff, Representative Jennie Armstrong, on behalf
of the prime sponsor, Representative Armstrong, noted that the
sectional analysis shows the changes from previous versions of
the bill from past sessions. He gave the sectional analysis
[copy included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: This section is conforming language with
Section 2. It adds "sex" to the area of Alaska
Statutes regarding blockbusting.
Section 2: This section adds new paragraphs under AS
18.80.300 to define sex to include "gender identity or
expression" and "sexual orientation".
MR. WALSH noted that the definition of "sex" has been updated to
be consistent with the U.S. Supreme Court's definition. He
stated that this version of the bill uses an updated definition
of "sexual orientation" which is more inline with the scientific
understanding of sexuality. He stated that the definition is
more comprehensive, and this should deter any future litigation
or statutory changes.
9:38:48 AM
REPRESENTATIVE MCCABE expressed the understanding that the bill
is supposed to be about housing; however, there has not been any
mention of blockbusting and unlawful discriminatory practices.
He concluded that the proposed legislation is not about housing,
but a change in definitions. He pointed out that the federal
Fair Housing Act already addresses this. He questioned whether
the proposed legislation would be redundant.
MS. ARMSTRONG clarified that ASCHR covers five subject areas,
and the section on blockbusting is a conforming change. She
deferred the question.
9:40:40 AM
ROB CORBISIER, Executive Director, Alaska State Commission on
Human Rights, explained that Section 1 is a conforming section.
He explained that a few years ago there was an effort to make
ASCHR a state-level partner with the Department of Law (DOL) on
discrimination cases; however, [to make this legal], it was
determined that changes needed to be made to conform state
statutes with the federal equivalent. Another barrier was that
20 percent of ASCHR's budget would need to be dedicated to
housing discrimination cases; however, this was not achieved,
and all housing discrimination cases are now deferred to Alaska
Legal Services.
MR. CORBISIER continued that currently the state does not have
the jurisdiction to make a sex-based claim as a blockbusting
claim. He explained that Section 2 in the proposed legislation
is "the heart of what the bill is and what it does," as this
would change the definition of "gender identity" in law, giving
ASCHR the authority to prosecute the cases outside of the
employment provision.
9:43:33 AM
REPRESENTATIVE MCCABE questioned whether incidents of sexual
orientation or gender identity discrimination are being tracked
in the state. He suggested that this is under a federal law.
If this data is tracked, he questioned where the data is
located.
MR. CORBISIER responded that because Bostock v. Clayton County
does not articulate that the LGBTQ community is its own
protected class, the numbers are not tracked. He related that
this case says this discrimination is a component of sex, so
these cases would be tracked as sex discrimination cases only.
REPRESENTATIVE MCCABE expressed the understanding that the
number of these cases in Alaska is unknown, and this is the
reasoning behind the proposed legislation, even though it looks
like a housing bill. He suggested that since the fiscal note
reflects an increase in cases, there must be a number of cases
in mind.
MR. CORBISIER replied that he does not know the number of cases.
He explained that from December 2020 to August 2022, under
ASCHR's initial guidance by DOL to do all five subject matter
cases, there was not a requirement to track the numbers. He
added that during this period 80 percent of the cases were
employment based. He stated that there are not many housing
discrimination cases, and there are more public accommodation
cases.
REPRESENTATIVE MCCABE expressed the understanding that currently
the definitions of gender identity and sexual orientation in the
bill only apply to the term blockbusting. He questioned this
limitation, as it seems like a side issue.
9:47:09 AM
MR. WALSH responded that the definitions in Section 2 of the
proposed legislation include the entire ASCHR's chapter;
therefore, making it applicable to the areas listed in AS 18.80.
REPRESENTATIVE ARMSTRONG added that the proposed legislation is
narrowly focused on ASCHR and the five subject matters it
covers. She added that the section on blockbusting is a
conforming change and deferred to Legislative Legal Services.
9:48:07 AM
MARGRET BERGERUD, Legal Counsel, Legislative Legal Services,
Legislative Affairs Agency, concurred. She stated that
currently under AS 18.80, the Alaska Human Rights Law, sex is
undefined; therefore, the proposed legislation would add a
definition of sex, under which gender identity and sexual
orientation would be added and clarified. This would then apply
under the entirety of AS 18.80, not just the blockbusting
section.
REPRESENTATIVE MCCABE questioned whether there are any other
sections in AS 18.80 which would require the same language.
MR. WALSH responded that prior versions of the legislation did
not include sex in the section regarding blockbusting. He
explained the historical concept of blockbusting in terms of
race discrimination and how now it needs to be clarified in
terms of the LGBTQ community.
REPRESENTATIVE ARMSTRONG pointed out that employment is listed,
and these cases are currently being taken. She reiterated that
ASCHR has been granted the jurisdiction to take cases on
housing.
9:51:52 AM
REPRESENTATIVE MCKAY pointed out the description of public
accommodations. He questioned whether this includes government
buildings, bathrooms, and locker rooms. He gave the scenario of
a biological male entering a female locker room and undressing.
He questioned whether this would happen under the proposed
legislation.
REPRESENTATIVE ARMSTRONG deferred to Mr. Corbisier.
MR. CORBISIER replied that public accommodation does include
educational institutions and government buildings, per
regulation. He expressed uncertainty concerning Representative
McKay's question. He stated that this circumstance has not been
faced, but if it is a government practice and discriminatory, it
would fall under the jurisdiction of ASCHR.
9:54:34 AM
MR. WALSH said, "Trans persons are usually just looking for a
place to be in peace." He added that historically these people
are much more likely to be the victim. He suggested that any
idea these people would be preying on children is not reflected
in the data collected, which can be supplied to the committee.
9:55:37 AM
REPRESENTATIVE RUFFRIDGE shared that he has had some of the same
questions concerning the bill's place in AS 18.80. He sought to
clarify that adding definitions in Section 2 would give ASCHR
the capacity to investigate complaints or claims regarding
discrimination.
REPRESENTATIVE ARMSTRONG responded in the affirmative.
REPRESENTATIVE RUFFRIDGE pointed out the term "expression" in
the proposed legislation does not have a definition. He
questioned why the term "gender identity" is not sufficient.
MR. WALSH explained that "gender expression" is a widely used
term in the LGBTQ community, scientific literature, and public
discourse. He continued that every human has both gender
identity and gender expression, and these are commonly referred
to as being "innate;" however, traditionally humans have been
defined as "binary" in the western world. He continued that as
understanding evolves, using the term "gender expression" is a
way to expand the multiple meanings of sexual identity. He
added that this language has been used in prior versions of the
bill, and he expressed the opinion that it is the most
encompassing language. He expressed the understanding that
stakeholders would support using the term, as it would supply
adequate protections for the LGTBQ community.
9:58:50 AM
REPRESENTATIVE RUFFRIDGE, with a follow-up question, asked for
an example of gender expression compared to gender identity.
MR. WALSH replied that "gender identity" would be, for example,
when a male identifies with the pronouns he, him, and his, while
"gender expression" would identify in a more nonbinary way; this
is ultimately how an individual would present themselves to the
world. He deferred to Representative Armstrong.
REPRESENTATIVE ARMSTRONG stated that overtime there have been
different ideas on what it means to be male or female. For
example, in the past females did not wear pants. She continued
that people have various ways of self-expression, such as the
length of an individual's hair. She explained the idea of "snap
judgements," where people judge one another on each other's
self-expression. She remarked that these ideas also have
changed over time. She stated that "gender expression" means
that individuals appear in a way which best suits them.
10:02:53 AM
CHAIR MCCORMICK announced that HB 99 was held over.
10:03:42 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 10:04 a.m.