STATE COMMISSION FOR CIVIL RIGHTS, the official text

Enrolled HB 23 
 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. 
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 * 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

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. 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. Annual report. Each year, the [THE] commission shall 
 review 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 
 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, or religious and the employee's job responsibilities include furthering the 
 study 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. AS 18.80.300(5) is amended to read: 
 (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 organization [A CLUB] that is exclusively social [,] or [A] fraternal and [, 
 CHARITABLE, EDUCATIONAL, OR RELIGIOUS ASSOCIATION OR 
 CORPORATION, IF THE CLUB, ASSOCIATION, OR CORPORATION] is not 
 organized for private profit; 
 * Sec. 9. AS 18.80.300(7) is amended to read: 
 (7) "executive director" means the executive director of the Alaska 
 State Commission for Civil [HUMAN] Rights; 
 * Sec. 10. AS 24.60.039(b) is amended to read: 
 (b) If a person files a complaint with the committee under AS 24.60.170 
 alleging 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.