Legislature(1999 - 2000)
01/25/2000 01:40 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE
January 25, 2000
1:40 p.m.
MEMBERS PRESENT
Senator Jerry Mackie, Chairman
Senator Tim Kelly, Vice Chairman
Senator Dave Donley
Senator Loren Leman
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 176
"An Act permitting a physical fitness facility or gymnasium to
limit public accommodation to only males or only females."
-MOVED CSSB 176(L&C) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 176 (L&C) - See Labor and Commerce Committee minutes dated
1/13/00.
WITNESS REGISTER
Senator Drue Pearce
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 176
ACTION NARRATIVE
TAPE 00-03, SIDE A
Number 001
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee
meeting to order at 1:40 p.m. Present were Senators Mackie, Kelly,
Leman, and Donley. The first order of business to come before the
committee was SB 176.
SB 176-SEX DISCRIMINATION IN HEALTH CLUBS
Number 097
CHAIRMAN MACKIE noted the committee discussed, at its last meeting,
the need to further define the term "physical fitness facility."
Senator Pearce worked on that request and has proposed a committee
substitute. He called for a motion to adopt CSSB 176(L&C).
SENATOR LEMAN moved to adopt the committee substitute (labeled
Cook, 1/17, D version).
CHAIRMAN MACKIE said, hearing no objection, CSSB 176(L&C) was
adopted.
Number 115
SENATOR PEARCE explained the changes made in the CS. The word
"gymnasium" was removed from the title and the bill to clarify that
the bill does not close access to public gymnasiums to either men
or women. Regarding the definition of "physical fitness facility,"
Ms. Cook, the legal drafter advised against using a long definition
because the types of facilities can be very different. The
definition clarifies the provisions of the statute that the Human
Rights Commission considered to be vague, without being so specific
that legitimate facilities could be excluded from the bill's
provisions.
Number 230
SENATOR LEMAN asked whether the new language will allow a facility
to have different hours of operation for men and women.
SENATOR PEARCE said facilities would still be able to under this
bill. She noted that some membership facilities in Anchorage have
separate facilities but they are not providing the whole health
wellness programs that people desire. She felt people should be
comfortable going to a facility and, for many, comfort means a
private place. She added that a question has arisen about this
legislation "opening the door" to a long list of specific public
accommodations in Alaska that cannot allow discrimination. She
does not believe that this Legislature, nor any other legislature,
will allow golf courses, swimming pools, or like facilities to
discriminate based on gender. She does believe, in this particular
case, the law needs to be clarified in regard to physical fitness
facilities which were not specifically indicated in the original
law. The Human Rights Commission ruled in one direction but its
decision was based on language in the statute that was not intended
to apply to these sorts of facilities. If some of the physical
fitness facilities in Alaska want to have a gender-based membership
and people want to join them, gender-based memberships should be
allowed.
CHAIRMAN MACKIE asked if there has been any discussion about
whether or not the bill should apply only to private facilities and
not to public-owned facilities.
Number 491
SENATOR PEARCE said no. She noted that public accommodation means a
place that caters or offers its services, and so on and so forth,
to the general public so it's not a public facility that is owned
according to definitions in AS 18.80.300.
CHAIRMAN MACKIE asked if AS 18.80.230 deals with private
facilities.
SENATOR PEARCE said it deals with all facilities.
Number 561
CHAIRMAN MACKIE asked the committee to stand at ease.
CHAIRMAN MACKIE asked Senator Pearce what the drafter meant by the
phrase "if a reasonable alternative does not exist."
Number 583
SENATOR PEARCE said her staff asked Ms. Cook to change the bill to
respond to concerns expressed by the committee at its last meeting.
Senator Pearce said she has not spoken to Ms. Cook directly.
CHAIRMAN MACKIE asked if it is fair to assume that some existing
clubs have areas that could be used for women only.
SENATOR PEARCE said she would rather the committee direct that
question to Ms. Cook.
SENATOR LEMAN moved CSSB 176 (L&C) from committee with individual
recommendations. There being no objection, the motion carried.
There being no further business to come before the committee,
CHAIRMAN MACKIE adjourned at the meeting at 1:59 p.m.
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