HOUSE BILL NO. 23 "An Act relating to the definition of 'employer' for the purposes of the State Commission for Human Rights." Co-Chair Josephson introduced the legislation. 4:07:29 PM Representative Tomaszewski asked about the cooperation from minority members. Representative Bynum stressed that there were some members of the minority that had input Co-Chair Josephson explained that they were separate bills that were filed, and he was talking about completely separate issue. He noted that because the human rights commission was quasi-judicial, there was a legal opinion that governor appointed board members could only be removed for cause. 4:14:17 PM KEN ALPER, STAFF, REPRESENTATIVE ANDY JOSEPHSON, introduced the PowerPoint presentation "HB 23: Applicability of Human Rights Commission" dated March 27, 2025 (copy on file). He continued to slide 2, "Alaska State Commission on Human Rights": • State agency that enforces the Alaska civil rights law in AS 18.80 • Seven commissioners appointed by the Governor and confirmed by the Legislature • Small staff and office in Anchorage • Statewide powers to accept and investigate complaints from individuals across all regions of the state Mission Statement: To eliminate and prevent discrimination for all Alaskans In Alaska, it is illegal to discriminate in: • Employment • Places of Public Accommodation • Sale or Rental of Real Property • Financing and Credit • Practices by the State or its Political Subdivisions Because of: • Race • Color • Religion • Sex • National Origin • Disability Mr. Alper addressed slide 3, "Background: Current Jurisdiction": .notdef U.S. Equal Employment Opportunity Commission (EEOC) protects non-profit employees from discrimination if the employer has at least 15 employees .notdef Municipal commissions, like the Anchorage Equal Rights Commission (AERC) and the Juneau Human Rights Commission (JHRC), cover non-profit employees in those communities .notdef The State commission has no jurisdiction to accept or pursue discrimination cases brought to them by non- profit employees .notdef (This is due to language in the definition of "employer" in the ASHRC statutes, AS 18.80.300(5)) Mr. Alper highlighted slide 4, "Nonprofit Workforce and Coverage": • 5,688 non-profits in Alaska • 35,302 direct jobs, about 12 percent of state workforce 4:18:18 PM Representative Tomaszewski asked about small staff in Anchorage. Mr. Alper deferred the question. Mr. Alper looked at slide 5, "ASCHR: Annual Report": For at least the past five years, the Alaska State Commission for Human Rights (ASCHR) has stated that one of their main legislative priorities is to: "Work with the State Legislature to add non- profits to ASCHR's jurisdiction in an effort to include protections for 44,000 currently unprotected workers" Mr. Alper discussed slide 6, "What does the bill do?" 1. Changes definition of "employer" to include non- profit organizations .notdef The change in HB23 only applies to the State Commission for Human Rights [AS 18.80.300(5)] .notdef Retains exceptions for social and fraternal organizations, and employees of religious organizations hired for a religious purpose 2. Change name of the commission to the Alaska State Commission for Civil Rights 3. New statute saying that the governor can only remove a commissioner for cause (incompetence, neglect, misconduct, etc.) 4. Change the timing of their annual report to November 15, and allow for it to be provided electronically 4:21:37 PM ROB CORBISIER, EXECUTIVE DIRECTOR, ALASKA STATE COMMISSION ON HUMAN RIGHTS, appreciated Representative Prax for a past bill, and the legislation ended up getting more traction than previously thought. He explained that there would need to be a ministerial exception in the job description. He stated that statute required giving the legislature the annual report, however the commission stopped trying to do it in the 1980s. 4:30:58 PM Mr. Corbisier gave a further history of the Human Rights Commission. Representative Galvin shared that the definition had peaked her curiosity, and asked about megachurches. 4:34:50 PM Mr. Corbisier responded that they would be excluded in their entirety as a church. Representative Galvin understood that they were working to be more inclusive of, with the exception of churches, nonprofit workers. Co-Chair Josephson replied that it carved out that the employer be a religious corporation and the employee required specification. Representative Galvin thought some might be related to the constitution, and she asked about the governor only removing for cause. She was not familiar with how the commissions worked, and she was trying to understand the intent Co-Chair Josephson there was a body of law about just cause or for cause. 4:40:26 PM Representative Bynum asked about the removal provision. Co-Chair Josephson recalled that when Dunleavy came into office, he combed through Title 8 to see how long terms could continue. Representative Bynum could ask for additional info offline. Representative Bynum wondered if someone from the public wanted a copy of the report, would it be available to them. Mr. Corbisier responded "probably." 4:47:05 PM Representative Bynum explained that it did not revolve around whether someone was transgender or not. Mr. Corbisier responded that he had not considered it a statutory carveout Co-Chair Josephson recalled that there was a case from about the boy scouts banning girls. Representative Hannan stressed that she wanted the issues staggered, and a strong separation. 4:52:32 PM Mr. Corbisier responded that it was currently staggered in the commission. Representative Tomaszewski was going to ask about the terms, and whether they were paid. Mr. Corbisier responded that they were unpaid volunteers. Representative Tomaszewski wondered whether the commissioners discriminated against based on location Mr. Corbisier responded that he did not speak to who the governor decided to make the boss. 4:57:00 PM Co-Chair Josephson queried the impact of the bill. Mr. Corbisier responded that they estimated it would be between 3 to 60 non- profit cases. Representative Tomaszewski asked about the language used in the investigations and the number of complaints. Mr. Corbisier responded that there were 120-ish complaints, and the commission asked the same types of questions during the investigation. 5:01:48 PM Representative Bynum asked about the anecdotal impact. Mr. Corbisier responded that the government as an employer operated differently than for profits, but the civil rights act applied to all employers the same. Representative Bynum understood that the current statute defined an employer, and asked whether there was a data- driven approach. 5:05:59 PM Mr. Corbisier responded that there had not been a data- driven approach to it. Co-Chair Josephson stated that the commission supported the expansion, and they were ready to change the timeline of the report. Mr. Corbisier reviewed the fiscal note. 5:08:37 PM AT EASE 5:08:46 PM RECONVENED Co-Chair Josephson took over chairing the meeting. The budget bills would not be heard. HB 23 was HEARD and HELD in committee for further consideration. HB 53 was SCHEDULED but not HEARD. HB 55 was SCHEDULED but not HEARD.