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34-LS0249\A HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
23 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE JOSEPHSON Introduced:
SCS CSHB 23(FIN)(edf add S) _______ AN ACT Renaming the State Commission for Human Rights the Alaska State Commission for Civil Rights;
1/22/25 Referred:
relating to investigations and conciliation by the Alaska State Commission for Civil Rights;
Labor and Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the definition of 'employer' for the purposes of the State Commission for Human Rights." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
relating to removal of commissioners of the Alaska State Commission for Civil Rights;
* Section 1.
relating to reports from the Alaska State Commission for Civil Rights;
relating to the definition of "employer" for the purposes of the Alaska State Commission for Civil Rights;
relating to local civil rights commissions;
and providing for an effective date.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 23 AN ACT Renaming the State Commission for Human Rights the Alaska State Commission for Civil Rights;
relating to investigations and conciliation by the Alaska State Commission for Civil Rights;
relating to removal of commissioners of the Alaska State Commission for Civil Rights;
relating to reports from the Alaska State Commission for Civil Rights;
relating to the definition of "employer" for the purposes of the Alaska State Commission for Civil Rights;
relating to local civil rights commissions;
and providing for an effective date.
_______________ * Section 1.
AS 18.80.010 is amended to read:
Sec.
18.80.010.
Creation.
There is created in the office of the governor an Alaska [A] State Commission for Civil [HUMAN] Rights.
* Sec.
2.
AS 18.80.020 is amended by adding a new subsection to read:
(b) The governor may remove a commissioner from office for cause.
For -1- Enrolled HB 23 purposes of this subsection, cause includes incompetence, neglect of duty, and misconduct in office and public statements and public or private actions that undermine the commission's work or violate this chapter.
To remove a commissioner for cause, the governor shall provide a copy of the charges to the commissioner and offer an opportunity for the commissioner to be publicly heard in person, or by counsel, in the commissioner's defense, upon not less than 10 days' notice.
If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor's findings based on the charges, together with a complete record of the proceedings.
* Sec.
3.
AS 18.80.110 is amended to read:
Sec.
18.80.110.
Investigation and conciliation.
The executive director or a member of the commission's staff designated by the executive director shall informally investigate the matters set out in a filed complaint, promptly and impartially.
If the complainant, executive director, and respondent agree to a remedy before the investigator makes a determination on the complaint, the agreement must be reduced to writing and signed by the complainant, executive director, and respondent.
If an agreement is not reached before the investigator makes a determination and the investigator determines that there is substantial evidence of an unlawful discriminatory practice under this chapter, the investigator shall immediately try to eliminate or remedy the discriminatory practice through an agreement reached by conference, conciliation, and persuasion.
If an agreement is reached, it must be reduced to writing and signed by the complainant, executive director, and respondent.
An [THE] agreement reached under this section before or after the investigator makes a determination on the complaint is binding and enforceable under this chapter as an order of the commission.
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An agreement reached under this section may include the compromise of damages authorized under this chapter.
* Sec.
4.
AS 18.80.150 is amended to read:
Sec.18.80.150.Annualreport.Eachyear,the[THE]commissionshallreview all data [REPORT ANNUALLY TO THE GOVERNOR] on civil rights problems the commission [IT] has encountered in the preceding year [,] and produce a report by November 15 of each year on those problems.
The report may include Enrolled HB 23 -2- recommendations for [RECOMMEND] legislative action.
[THE COMMISSION SHALL PROVIDE THE LEGISLATIVE AFFAIRS AGENCY WITH 40 COPIES OF THE REPORT DURING THE WEEK PRECEDING THE CONVENING OF THE ANNUAL LEGISLATIVE SESSION FOR LIBRARY DISTRIBUTION.] The commission shall make [COPIES OF] the report available to the public electronically and notify the governor and the legislature that the report is available.
* Sec.
5.
AS 18.80.220 is amended by adding a new subsection to read:
(e) In an action brought under (a)(1) of this section, it is an affirmative defense that (1) the employer is a religious corporation, association, educational institution, or society that hires employees of a particular religion to perform work connected with carrying on the corporation, association, educational institution, or society and its activities;
and (2) the employee is hired to engage in activities that are ecclesiastical, spiritual, orreligious andtheemployee's job responsibilitiesincludefurthering thestudy or advancement of religion.
* Sec.
6.
AS 18.80.290(a) is amended to read:
(a) The legislative body of a municipality may, by ordinance or resolution, authorize the establishment of membership in and support of a local civil [HUMAN] rights commission.
The number and qualifications of the members of a local commission and their terms and method of appointment or removal shall be as determined by the legislative body, except that a member may not hold office in a political party.
* Sec.
7.
AS 18.80.300(2) is amended to read:
(2) "commission" means the Alaska State Commission for Civil [HUMAN] Rights;
* Sec.
8.
(5) "employer" means a person, including the state and a political subdivision of the state, who has one or more employees in the state but does not include an [A CLUB THAT IS] exclusively social [,] or [A] fraternal organization that is not organized for private profit [, CHARITABLE, EDUCATIONAL,] or a religious association or corporation that [, IF THE CLUB, ASSOCIATION, OR CORPORATION] is not organized for private profit;
(5) "employer" means a person, including the state and a political subdivision ofthe state, whohas oneormore employees inthestatebut does not include an organization [A CLUB] that is exclusively social [,] or [A] fraternal and [, CHARITABLE, EDUCATIONAL, OR RELIGIOUS ASSOCIATION OR -3- Enrolled HB 23 CORPORATION, IF THE CLUB, ASSOCIATION, OR CORPORATION] is not organized for private profit;
HB0023a -1- HB 23 New Text Underlined [DELETED TEXT BRACKETED]
* Sec.
9.
AS 18.80.300(7) is amended to read:
(7) "executivedirector" means theexecutivedirector ofthe AlaskaState Commission for Civil [HUMAN] Rights;
* Sec.
10.
AS 24.60.039(b) is amended to read:
(b) IfapersonfilesacomplaintwiththecommitteeunderAS 24.60.170alleging a violation of this section, the committee may refer the complainant to the Alaska State Commission for Civil [HUMAN] Rights and may defer its consideration of the complaint until after the complainant establishes to the satisfaction of the committee that the commission has completed its proceedings in the matter.
* Sec.
11.
AS 39.50.200(b)(13) is amended to read:
(13) Alaska State Commission for Civil [HUMAN] Rights (AS 18.80.010);
* Sec.
12.
AS 44.62.330(a)(42) is amended to read:
(42) Alaska State Commission for Civil [HUMAN] Rights, where procedures are not otherwise expressly provided in AS 18.80;
* Sec.
13.
This Act takes effect January 1, 2027.
Enrolled HB 23 -4-
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