04/02/2007 01:30 PM Senate JUDICIARY

         SB  97-ALASKA NATIVE ART IDENTIFICATION SEALS                                                                      
                                                                                                                                
2:53:18 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 97.                                                                              
                                                                                                                                
TIM  LAMBKIN,  Staff  to  Senator  Stevens,  Sponsor  of  SB  97,                                                               
explained that  the bill was  introduced on behalf of  the Alaska                                                               
State  Council  on   the  Arts.  It  seeks   to  bring  increased                                                               
credibility to  the silver hand  program, which has  been stymied                                                               
by fraud.  SB 97 has "no  motivation other than to  modernize the                                                               
statues  regarding silver  hand  permitting and  to rejuvenate  a                                                               
program that is poised to blossom," he stated.                                                                                  
                                                                                                                                
MR. LAMBKIN explained  that as the bill  gained momentum problems                                                               
came  to  light   relating  to  the  legal  terms   used  in  the                                                               
definitions  section. He  noted a  proposed amendment  to address                                                               
the  policy  issue  of  using phrases  of  recognized  tribes  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked for a motion to adopt Amendment 1.                                                                           
                                                                                                                                
SENATOR McGUIRE moved Amendment 1, labeled 25-LS0405\M.1.                                                                       
                                                                                                                                
SENATOR THERRIAULT objected for discussion purposes.                                                                            
                                                                                                                                
MR. LAMBKIN explained the amendment  intends to avoid inadvertent                                                               
consequences  of using  the  word  "recognized" when  referencing                                                               
federal  statutory language  to define  Indian tribes  in Alaska.                                                               
The  bill  is definitely  not  intended  to  open the  debate  of                                                               
whether  there are  or are  not recognized  tribes in  Alaska, he                                                               
stated.                                                                                                                         
                                                                                                                                
CHAIR FRENCH  asked how  many years the  silver hand  program has                                                               
been in statute.                                                                                                                
                                                                                                                                
MR. LAMBKIN said since 1961.                                                                                                    
                                                                                                                                
CHAIR  FRENCH  said  the  issue with  respect  to  the  amendment                                                               
addresses the definition of what is and what is not a tribe.                                                                    
                                                                                                                                
SENATOR  THERRIAULT said  he'd  like Mr.  Popely  to discuss  the                                                               
limitations associated with using  the definition with respect to                                                               
the Indian Self-Determination and Education Assistance Act.                                                                     
                                                                                                                                
2:56:58 PM                                                                                                                    
TED  POPLEY,  Legislative  Legal   Counsel,  said  the  issue  is                                                               
controversial  and  largely  unresolved  from  the  legislature's                                                               
perspective.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH asked  if the  controversial issue  is the  federal                                                               
recognition of tribal status in Alaska.                                                                                         
                                                                                                                                
MR. POPLEY said the issue  is whether or not federally recognized                                                               
tribes with  powers of sovereign  governmental immunity  exist in                                                               
Alaska. The  purpose of  the amendment  is to  try to  avoid that                                                               
issue  being further  confused in  this  legislation, he  stated.                                                               
Certainly  lots  of  legislation  passes  that  addresses  Alaska                                                               
Natives as  groups, but the  danger is putting  forth legislation                                                               
that  suggests  that  the legislature  recognizes  or  wishes  to                                                               
recognize federally  recognized Indian  tribes for  purposes such                                                               
as sovereign immunity.                                                                                                          
                                                                                                                                
CHAIR  FRENCH asked  Mr.  Popely if  he  believes this  amendment                                                               
reduces the  likelihood that  there will  be some  recognition of                                                               
sovereign tribes in Alaska.                                                                                                     
                                                                                                                                
MR.  POPLEY  replied  he  believes   that  "Amendments  1  and  2                                                               
together…eliminate  the  issue  altogether  from  this  piece  of                                                               
legislation."                                                                                                                   
                                                                                                                                
CHAIR FRENCH asked if Amendment 1 takes care of the problem.                                                                    
                                                                                                                                
MR. POPLEY noted that everything  is contained in Amendment 1 and                                                               
he  articulated the  view that  it  would "keep  this issue  from                                                               
becoming a central part of this bill."                                                                                          
                                                                                                                                
CHAIR FRENCH asked for clarification  that he sees that Amendment                                                               
1 incorporates both the ideas he referenced initially.                                                                          
                                                                                                                                
MR. POPELY said yes.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked if there is further objection to Amendment 1.                                                                
                                                                                                                                
SENATOR THERRIAULT withdrew his objection.                                                                                      
                                                                                                                                
CHAIR FRENCH announced  that Amendment 1 is adopted  and the bill                                                               
is back before the committee.                                                                                                   
                                                                                                                                
SENATOR  THERRIAULT  asked  if  there   is  any  need  to  insert                                                               
boilerplate language  - such as  Congress inserts -  stating that                                                               
there  is   no  intention  to   change  the  current   status  of                                                               
recognition.                                                                                                                    
                                                                                                                                
MR. POPLEY said  he doesn't think it's  necessary. "The insertion                                                               
of the language that describes  Indian tribes through the federal                                                               
definition…does specifically  indicate that  that list  of groups                                                               
is  strictly for  receiving benefits  as defined  by the  federal                                                               
government and for no other purpose," he stated.                                                                                
                                                                                                                                
3:01:14 PM                                                                                                                    
CHAIR FRENCH  stated that the bill  was sent to the  committee to                                                               
fix  this specific  problem and  that has  been accomplished.  He                                                               
asked if there are any other concerns.                                                                                          
                                                                                                                                
SENATOR THERRIAULT  stated that the  existing stature has  had an                                                               
equal protection issue for 45 years.                                                                                            
                                                                                                                                
CHAIR  FRENCH thanked  him for  the disclaimer  and qualification                                                               
and asked for the will of the committee.                                                                                        
                                                                                                                                
SENATOR McGUIRE  motioned to report  CSSB 97(JUD)  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There being no objection, it was so ordered.