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.