02/16/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| HB254 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 89 | TELECONFERENCED | |
| *+ | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 16, 2012
8:06 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Peggy Wilson
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
Representative Max Gruenberg
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 89(JUD)
"An Act clarifying that a legislator or legislative employee is
allowed to accept certain compassionate gifts; allowing
legislators and legislative employees who are representing
persons in an administrative hearing to contact hearing officers
and attempt to influence the outcome of the hearing if they are
professionals licensed in the state, and allowing legislators
and legislative employees who are not professionals licensed in
the state to contact hearing officers for the purpose of
influencing the outcome of the hearing in certain instances;
requiring the Select Committee on Legislative Ethics to maintain
a refrain from disclosure under the Legislative Ethics Act;
relating to the applicability of certain provisions of the
Legislative Ethics Act to certain legislative employees,
volunteers, and interns; establishing a seat for an alternate
public member on the Select Committee on Legislative Ethics;
clarifying the requirements related to participation by
alternate public members and alternate legislative members in
the proceedings of the committee; amending the definition of
'legislative employee' in the Legislative Ethics Act; and
repealing a procedure for appointment of alternate legislative
members."
- HEARD & HELD
HOUSE BILL NO. 254
"An Act establishing the Alaska Native Language Preservation and
Advisory Council and relating to the preservation, restoration,
and revitalization of Alaska Native languages."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 89
SHORT TITLE: LEGISLATIVE ETHICS ACT
SPONSOR(s): SENATOR(s) COGHILL
02/16/11 (S) READ THE FIRST TIME - REFERRALS
02/16/11 (S) STA, JUD
03/15/11 (S) STA AT 9:00 AM BUTROVICH 205
03/15/11 (S) Heard & Held
03/15/11 (S) MINUTE(STA)
03/31/11 (S) STA AT 9:00 AM BUTROVICH 205
03/31/11 (S) Moved CSSB 89(STA) Out of Committee
03/31/11 (S) MINUTE(STA)
04/01/11 (S) STA RPT CS 1DP 4NR NEW TITLE
04/01/11 (S) DP: MEYER
04/01/11 (S) NR: WIELECHOWSKI, KOOKESH, PASKVAN,
GIESSEL
04/11/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/11/11 (S) Scheduled But Not Heard
04/13/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/13/11 (S) Scheduled But Not Heard
04/15/11 (S) JUD AT 1:30 PM BUTROVICH 205
04/15/11 (S) Heard & Held
04/15/11 (S) MINUTE(JUD)
01/18/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/18/12 (S) Heard & Held
01/18/12 (S) MINUTE(JUD)
01/27/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/27/12 (S) Moved CSSB 89(JUD) Out of Committee
01/27/12 (S) MINUTE(JUD)
01/30/12 (S) JUD RPT CS 3DP NEW TITLE
01/30/12 (S) DP: FRENCH, COGHILL, PASKVAN
02/08/12 (S) TRANSMITTED TO (H)
02/08/12 (S) VERSION: CSSB 89(JUD)
02/09/12 (H) STA AT 8:00 AM CAPITOL 106
02/09/12 (H) <Bill Hearing Rescheduled to 02/16/12>
02/10/12 (H) READ THE FIRST TIME - REFERRALS
02/10/12 (H) STA, JUD
02/16/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 254
SHORT TITLE: ALASKA NATIVE LANGUAGE COUNCIL
SPONSOR(s): REPRESENTATIVE(s) DICK, MUNOZ
01/17/12 (H) PREFILE RELEASED 1/6/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) STA, FIN
02/16/12 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR JOHN COGHILL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 89 as a member of the Senate
Judiciary Standing Committee, sponsor.
JOYCE ANDERSON, Ethics Committee Administrator
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
89.
REPRESENTATIVE DICK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 254 as joint prime sponsor.
ANNETTE KREITZER, Staff
Representative Alan Dick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered information on behalf of
Representative Dick, joint prime sponsor.
DENISE MORRIS, President/CEO
First Alaskans Institute (FAI)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 254.
ANNETTE EVANS SMITH, President/CEO
Alaska Native Heritage Center (ANHC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 254.
ROSITA WORL, Ph.D., President
Sealaska Heritage Institute (SHI)
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of HB 254.
ACTION NARRATIVE
8:06:23 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:06 a.m. Representatives Keller, Seaton,
P. Wilson, Petersen, and Lynn were present at the call to order.
Representative Johansen arrived as the meeting was in progress.
SB 89-LEGISLATIVE ETHICS ACT
8:06:48 AM
CHAIR LYNN announced that the first order of business was CS FOR
SENATE BILL NO. 89(JUD), "An Act clarifying that a legislator or
legislative employee is allowed to accept certain compassionate
gifts; allowing legislators and legislative employees who are
representing persons in an administrative hearing to contact
hearing officers and attempt to influence the outcome of the
hearing if they are professionals licensed in the state, and
allowing legislators and legislative employees who are not
professionals licensed in the state to contact hearing officers
for the purpose of influencing the outcome of the hearing in
certain instances; requiring the Select Committee on Legislative
Ethics to maintain a public record of certain ethics disclosures
made by legislators and legislative employees; prohibiting a
public member of the Select Committee on Legislative Ethics from
disclosing confidential information without authorization;
clarifying the ethics disclosure requirements for tickets to or
gifts in connection with charity events; amending disclosure
deadlines under the Legislative Ethics Act; relating to requests
to refrain from disclosure under the Legislative Ethics Act;
relating to the applicability of certain provisions of the
Legislative Ethics Act to certain legislative employees,
volunteers, and interns; establishing a seat for an alternate
public member on the Select Committee on Legislative Ethics;
clarifying the requirements related to participation by
alternate public members and alternate legislative members in
the proceedings of the committee; amending the definition of
'legislative employee' in the Legislative Ethics Act; and
repealing a procedure for appointment of alternate legislative
members."
8:07:06 AM
SENATOR JOHN COGHILL, Alaska State Legislature, presented SB 89
as a member of the Senate Judiciary Standing Committee, sponsor.
He related the reason for his selection as presenter was due to
his being a member of the Select Committee on Legislative Ethics
(SCLE). He said the impetus for the bill was the need for
clarification of existing statute that pertains to the state's
ethics laws. He explained that the SCLE sometimes finds itself
in the position of having to ascertain legislative intent.
SENATOR COGHILL said he would talk about the housekeeping
measures of the proposed legislation. He indicated that
currently there are limitations to the administrative hearing
process that prohibit legislators from advocating for
constituents in administrative hearings; however, under SB 89,
some exceptions would be made. One example is that a legislator
who is hired as a lawyer by a person who is his/her constituent
would be allowed to represent that constituent at an
administrative hearing. Another example is that a legislator
who is witness to some of the facts within a case could be
called forward to bear witness. He said if a [legislator] talks
to a constituent without knowing the constituent is involved in
an administrative hearing, "there is an excuse for that called,
'ex parte'."
8:11:09 AM
SENATOR COGHILL relayed that under SB 89, instead of compiling a
list of financial disclosure statements, the SCLE would only
have to keep a report of those lists. In response to the chair,
he clarified that he is talking about state loans. He said he
would defer a question from Representative Petersen, regarding
Alaskan Housing Authority Loans, to someone who could better
provide an answer. Senator Coghill said current confidentiality
requirements apply only to legislative members of the SCLE, and,
under SB 89, the requirements would extend to public members of
the committee. Regarding those who have to "report," he said
those who do not will all be categorized as "hourly" employees:
those who keep the capitol operating but are not involved in
policy work.
8:14:46 AM
SENATOR COGHILL turned next to the substantive issues in SB 89.
He said currently legislators are restricted as to what
charitable gifts they can accept. The proposed legislation
would clarify that a ticket to a charity event from a lobbyist
or gifts received because of the ticket from a lobbyist cannot
exceed $250. The gift would have to be reported, and the event
must be sanctioned by Legislative Council and must be "501c3."
In response to Representative Seaton, regarding whether there is
a distinction between the lobbyist and the organization the
lobbyist represents, said he would address that question
forthcoming.
8:18:33 AM
SENATOR COGHILL said under SB 89, there would be alternate
members for public members of the SCLE, and they would be
appointed by the Alaska Supreme Court justice and confirmed by
the Alaska State Legislature. Furthermore, if an alternate -
public or legislative - gets involved in an issue, he/she would
be held by rules of confidentiality and would see that issue
through to conclusion. Another change under SB 89 would be a
change from the current 30-day reporting deadline to a 60-day
deadline, which would allow legislators flexibility in compiling
the necessary information. Senator Coghill noted that also
under SB 89, there would be ethics training for volunteers who
work [more than] 30 days. In response to Representative P.
Wilson, he said the term, "educational trainees", [in Section 9
of the proposed legislation], would include, for example, a
university student who is serving as an intern to a legislator.
8:22:58 AM
REPRESENTATIVE SEATON asked if volunteers would include
legislators' spouses and if the 30 days would be 30 consecutive
days, 30 days in a session, or 30 days in a legislature.
SENATOR COGHILL deferred to Joyce Anderson, the administrator
for the SCLE.
8:23:42 AM
SENATOR COGHILL, in response to Representative Johansen, said a
legislator hired by a constituent as an attorney would disclose
that relationship.
8:24:41 AM
JOYCE ANDERSON, Ethics Committee Administrator, Select Committee
on Legislative Ethics, stated that there is a form called,
"representation for compensation," which would be filled out by
"attorneys or other people that are representing clients before
any state agency, board, or commission," and that form must be
disclosed.
REPRESENTATIVE JOHANSEN offered his understanding, "So, this
administrative hearing portion is just not included in that, and
we're adding that to this, and it fits right in to what we're
already doing?"
MS. ANDERSON confirmed that is correct.
REPRESENTATIVE JOHANSEN said currently when an issue becomes an
administrative hearing, legislative staff is no longer allowed
to be involved, and he asked for confirmation that SB 89 would
not change that.
SENATOR COGHILL said that is correct.
8:26:17 AM
SENATOR COGHILL, in response to Representative Johansen, said
[the new language regarding the SCLE's record keeping of loan
information] is on page 6, line 3.
MS. ANDERSON added that the SCLE has a list of state benefits
and loans awarded on a discretionary basis that require
disclosure. In response to Representative Petersen's previous
query, she said the Alaska Housing Finance Corporation (AHFC)
loans are not discretionary loans. In response to
Representative Johansen, she said ADA loans do have to be
disclosed.
8:28:29 AM
REPRESENTATIVE JOHANSEN questioned if there would be less money
for charities as a result of limits placed on charitable giving
by lobbyists.
8:29:57 AM
SENATOR COGHILL reiterated that SB 89 would clarify the $250
limit on charitable gifts given by lobbyists and received by
legislators.
MS. ANDERSON clarified that the $250 limit is already in
statute, but SB 89 is "opening it up to have other individuals,
other than lobbyists, give tickets to you, which are over the
$250 limit." Those gifts would have to be disclosed within 60
days under SB 89.
SENATOR COGHILL offered an example.
REPRESENTATIVE JOHANSEN offered his understanding that the
proposed legislation would actually broaden the category.
SENATOR COGHILL, in response to a question, said the need for
the bill was brought by legislators who have found themselves in
awkward positions. He offered examples.
8:34:23 AM
MS. ANDERSON, in response to Representative P. Wilson, said
discretionary loans are those for which there is no fixed
criterion to award the loan. She offered, as examples, the
following loans: the Alaska Capstone Avionics Revolving Loan
Fund; the Commercial Fishing Revolving Loan Fund; and the
Fisheries Enhancement Revolving Loan Fund. She said the list of
loans that are awarded on a discretionary basis is approximately
two and a half pages long.
MS. ANDERSON, in response to Representative P. Wilson, said the
aforementioned $250 limit on tickets to charity events given to
legislators by lobbyists is a limit set each year and per
lobbyist. The lobbyists are required to report the gifts they
give legislators on the lobbyist disclosure form.
8:39:50 AM
SENATOR COGHILL, in response to Representative Seaton, stated
the following:
The lobbyist is given a definite amount that they
cannot exceed: $250, cumulative, per year. But those
that are non-lobbyists are now able to do that, but
there's three very clear conditions: they must report
it; it has to be a 501(c)(3); and it has to be
sanctioned by the [Legislative] Council. So, it's all
very clearly reported as to who is giving, but they
are able to give beyond the $250 limit.
REPRESENTATIVE SEATON asked for confirmation that in the case of
a company with three lobbyists, each lobbyist can give a
legislator a ticket valued up to $250 for a sanctioned event.
MS. ANDERSON answered that is correct.
8:42:04 AM
REPRESENTATIVE PETERSEN asked who sets the values related to
charitable events. He said he can see that legislators might
receive better seats or food at a charitable event.
MS. ANDERSON replied that that very issue is being brought
before the SCLE at its 9 a.m. meeting the following Thursday,
2/23/12, and a draft advisory opinion will be heard. She said
the advisory opinion suggests that in an event where there is
more than one price, the committee would consider that a person
could have taken part in the event at the lowest price.
Regarding travel, she said most times there are costs associated
with that travel, but not always. She said, "The statute uses
the ... fair market value, and so, we would look at that and see
if we could come up with some sort of a cost."
8:45:28 AM
SENATOR COGHILL presented the Sectional Analysis. Section 1
read as follows [original punctuation provided]:
Sec. 1. Replaces "lawful gratuity" with "gift" to make
section of law consistent with the usage of "gift".
8:47:52 AM
SENATOR COGHILL, in response to Representative Seaton, said he
thinks the word "knowingly", on page 4, line 3, and on page 6,
line 20, "applies in both cases."
8:48:19 AM
MS. ANDERSON concurred. She noted that there is a definition of
"knowingly" in statute.
REPRESENTATIVE SEATON said he is happy to have it on the record
that the SCLE agrees that "knowingly" also applies to "make
false statements".
8:48:41 AM
SENATOR COGHILL directed attention to Section 2 in the sectional
analysis, which read as follows [original punctuation provided]:
Sec. 2. Bright line for legislators or staff being
actively involved in constituent problems with the
State. Once the issue is assigned to an administrative
hearing the involvement of the legislative office
ceases. Exceptions are included for lawyers and
provision for inadvertent ex parte contact.
REPRESENTATIVE SEATON recollected the statement was made that a
[legislator who is a] lawyer acting on behalf of his/her client
would report that activity. He queried, "I thought doctors and
lawyers were exempt from reporting ... the names of their
clients; am I mistaken in that?"
MS. ANDERSON responded that ethics statute does require [a
legislator] to report [when he is acting as a lawyer on behalf
of a client]. She said no one has questioned that reporting in
the past. She said there has only been one individual in the
past who has actually reported representation for compensation
and did so for 10-12 clients. That legislator listed the names
of the clients and the boards before which he/she was
representing those clients.
SENATOR COGHILL noted that new language was proposed in Section
8, which would provide that "a person" may submit a written
request to refrain from making a disclosure that is required by
this chapter if making the disclosure would violate state or
federal law".
8:52:15 AM
SENATOR COGHILL turned to Sections 3-7 of the sectional
analysis, which read as follows [original punctuation provided]:
Sec. 3. Eliminates requirement of committee to compile
lists of financial disclosure statements. They must
only maintain public records and forward them to chief
clerk and senate secretary.
Sec. 4. Adds public members to statute prohibiting
disclosure of confidential information.
Sec. 5. Clarifies that a ticket to a charity event
from a lobbyist, or gifts received because of the
ticket from a lobbyist cannot exceed $250.
Sec. 6. Further describes "a contribution to a charity
event" by clarifying it could be a ticket to a charity
event or a gift in connection with a charity event.
Sec. 7. Extend the reporting period for gifts of
travel for the purpose of obtaining information on
legislative matters and disclosure of gifts from
charitable events from 30 days to 60 days.
8:55:13 AM
MS. ANDERSON, in response to Representative Seaton, said AS
24.60.030 states that legislators may solicit and accept
contributions for a charity event, because a contribution to a
charity event is not considered a gift.
8:55:46 AM
REPRESENTATIVE KELLER turned attention to Section 2 and the
phrase, "administrative hearing". He expressed concern that
without a definition, that phrase may be misinterpreted.
8:57:17 AM
SENATOR COGHILL noted that there are administrative law judges.
He said the Dental Board has disciplinary action for dentists,
and he said the question is: "Should we go to bat for a dentist
at that board when they really are going to have legal counsel?"
He continued as follows:
And so, I think that is what we were trying to say is
we're not really the legal counsel; we're the
legislator. ... We're advocates for them generally,
but to advocate for them specifically in a matter of
law then starts to get into that area where we might
be stepping out of our bounds. So, it's probably not
as tight as many would like, but that's the best
definition I think we can come up with.
REPRESENTATIVE KELLER ventured that stating that for the record
is probably sufficient.
SENATOR COGHILL, in response to Chair Lynn, said the point is
that legislators are not to use their power to overly influence
a hearing. He stated that a legislator is meant to be a public
servant, to help and advocate for his/her constituent; however,
there comes a point where too much influence can be destructive
to justice. He said there are many times where administrative
action, because of rules, can be arcane and unjust. He said he
thinks the job of the legislature is to find out where the rules
are unjust and advocate for change.
SENATOR COGHILL pointed to a handout [included in the committee
packet] showing the definitions in AS 44.64.200 for:
"administrative hearing", "administrative law judge", "agency",
"hearing officer", and "office". He said he would defer to the
House State Affairs Standing Committee as to whether these
definitions should be included in SB 89; however, he asked the
committee to consider that when the SCLE makes decisions based
on nuance, it would most likely "look into this issue."
9:01:02 AM
SENATOR COGHILL, in response to Representative Johansen, stated
that the intent of law is to ensure that legislators are using
their authority correctly for constituent work. He said "this"
deals with constituent work and "what you may be able to do up
to the point of administrative hearings." He said care must be
taken by legislators not to influence the outcome of a hearing,
because to do so would be unethical. In response to the chair,
he reiterated that the moment an administrative hearing begins
is key.
9:05:12 AM
SENATOR COGHILL, in response to Representative Petersen,
confirmed that it is up to the legislators to know and be able
to convey to their constituents the point at which they must say
when they cannot go any further on the constituents' behalf. In
response to Chair Lynn, he said SB 89 proposes that a legislator
be allowed to testify at an administrative hearing when he/she
is a party to or witness to something that is vital to the
administrative hearing. Under current law, he said, that is
prohibited. He said a legislator may not realize that he/she is
giving advice to someone who is involved in an administrative
hearing.
9:07:40 AM
REPRESENTATIVE SEATON asked if it would be helpful to the SCLE
to include in the bill the definition of "administrative
hearing", which read as follows:
Sec. 44.64.200. Definitions.
In this chapter,
(1) "administrative hearing" means a quasi-
judicial hearing before an agency; it does not include
an informal conference or review held by an agency
before a final decision is issued or a rate-making
proceeding or other nonadjudicative public hearing;
9:09:14 AM
SENATOR COGHILL said he knows of no reason to keep that
definition out of the bill.
9:09:37 AM
SENATOR COGHILL, in response to Representative Johansen and
Chair Lynn, said he would like to think about how best to add
that language.
9:11:42 AM
SENATOR COGHILL directed attention to Sections 8-12 of the
sectional analysis, which read as follows [original punctuation
provided]:
Sec. 8. Allows for exceptions from disclosure under
the legislative ethics law if it would be in violation
of the state or federal constitution or state or
federal law. The State Affairs Committee added
language that includes exceptions for disclosures for
a rule, adopted formally by a trade or profession,
that state or federal law requires the person to
follow. A written request with justification must be
submitted to the committee.
Sec. 9. Requires anyone who is a volunteer or
educational trainee for more than 30 days to take the
ethics training. The 30 day guideline was added in
State Affairs.
Sec. 10. Adds cite for new section on Alternate
Members to statute describing the committee, its
structure and its duties.
Sec. 11. Adds cite for new section on Alternate
Members to statute describing the committee, its
structure and its duties.
Sec. 12. This is a new section describing the process
for appointing alternates. The section adds a new
provision that provides for the Chief Justice to
appoint an alternate public member.
SENATOR COGHILL said Section 12 pertains to quorums and the
requirement that once an alternate member becomes involved in a
discussion involving confidentiality, he/she follows the
discussion through to its conclusion.
9:13:24 AM
MS. ANDERSON interjected that the SCLE has two quorums to meet:
one of public members and one of legislators.
9:13:40 AM
SENATOR COGHILL noted that travel is involved for public members
of the SCLE.
9:13:51 AM
SENATOR COGHILL turned to Sections 13-15 in the sectional
analysis, which read as follows [original punctuation provided]:
Sec. 13. Adds legislative volunteers and educational
trainees who are in that capacity for more than 30
days to the statute requiring the Legislative ethics
course. The 30 day guideline was added in State
Affairs.
Sec. 14. Redefines legislative employee.
Sec. 15. Repeals old statute describing the process
for appointing alternates.
9:14:57 AM
REPRESENTATIVE JOHANSEN said next time the bill is heard he will
want a good definition of an hourly employee, because he does
not want to exempt anyone who works on policy.
SENATOR COGHILL directed attention to language on page 13,
[lines 21-22], which read as follows:
it does not include individuals who are hourly
employees who perform functions that are incidental to
legislative functions
SENATOR COGHILL said that if someone was an hourly employee and
working on functions that were beyond incidental, that would be
clear to the SCLE. He said he thinks the language makes it
clear that anyone involved in policy questions must be
reporting.
9:16:17 AM
MS. ANDERSON provided examples of hourly employees.
REPRESENTATIVE JOHANSEN noted that legislators have the option
to hire staff on an hourly basis, and he wanted it clear for the
record that "we don't have staff that is exempted from anything
just because they're hourly."
MS. ANDERSON pointed out that "those employees" do not "perform
functions that are incidental."
SENATOR COGHILL noted that throughout the bill title, both
legislators and legislative employees are "included in almost
all recording requirements."
9:17:36 AM
REPRESENTATIVE SEATON reminded Senator Coghill that at the next
bill hearing he would like to know whether Section 9 includes
spouses, and whether 30 consecutive days refers to per session
or per legislature.
9:18:35 AM
CHAIR LYNN announced that SB 89 was held over.
9:19:21 AM
The committee took a brief at-ease.
HB 254-ALASKA NATIVE LANGUAGE COUNCIL
[Contains brief mention of SB 130.]
9:19:58 AM
CHAIR LYNN announced that the final order of business was HOUSE
BILL NO. 254, "An Act establishing the Alaska Native Language
Preservation and Advisory Council and relating to the
preservation, restoration, and revitalization of Alaska Native
languages."
9:20:22 AM
REPRESENTATIVE DICK, Alaska State Legislature, presented HB 254
as joint prime sponsor. He said his wife is the youngest fluent
speaker of the Dena'ina dialect of the Athabascan Language, and
she is 66. He said three years prior to coming to Juneau, he
administered an endangered language grant for the Alaska
Heritage Center. He related that he and his wife have done
video documentation and have attempted to come up with
strategies to help preserve the numerous languages of Native
Alaskans. He talked about the complexity of the Athabascan
Language, and indicated that he knows some of the Yupik
language. He talked about the frequent use of onomatopoeia -
where the words sounds like the things they reference.
9:25:49 AM
REPRESENTATIVE DICK stated that in the past, Native people were
beaten for speaking their language. He said that does not
happen any longer; however, he related that when the legislature
announced that English was the official language of Alaska, a
Native friend of his said that hurt. He said the assumption is
still being made that "everybody either is like us or wants to
be like us," when there are unique people across the state. He
said the bill is calling for a respectful dialogue. He said he
thinks [the University of Alaska] is doing a fantastic job in
preserving the languages, but not in revitalizing [the use of
those languages].
9:28:41 AM
CHAIR LYNN noted that many languages have become extinct over
the years, and he asked, "How does that relate to what you're
trying to do here?"
9:29:51 AM
REPRESENTATIVE DICK talked about the Jewish people not speaking
their language for a long time and bringing it back, and the
Irish people realizing that Gaelic was a part of who they were
and making a concerted effort to bring it back. He related that
a Frenchman single-handedly revived the Eyak Language - thought
to be extinct - and is developing lessons for those in Alaska
for whom that language is there heritage. Representative Dick
said the proposed bill does not have a huge fiscal note, because
it does not mandate curriculum in schools; however, passage of
HB 254 would send the message that "we" accept partial
responsibility for the disappearance of many of Alaska's
languages. He stated his belief that even those who do not
speak the languages would benefit from the dialogue that HB 254
would bring about.
9:32:15 AM
REPRESENTATIVE JOHANSEN directed attention to language on page
2, beginning on line 17 through line 21, which read as follows
[original punctuation provided]:
In appointing the nonvoting members of the
council, the president of the senate and the speaker
of the house of representatives shall appoint a member
of the bush caucus, if a bush caucus exists. In this
subsection, "bush caucus" means a group of legislators
that represents rural areas of the state.
REPRESENTATIVE JOHANSEN said he thinks the language should be
deleted, because there are members of the legislature who
started out in rural areas and moved to urban areas and vice
versa, and the President of the Senate and the Speaker of the
House should have the ability to select anyone of the
legislative members based on who is best for the position.
REPRESENTATIVE JOHANSEN pointed to the first sentence of
subsection (c), on page 2, lines 13-15, which read as follows:
(c) The governor shall appoint to the
council established in this section five voting
members who are professional language experts and who
represent diverse regions of the state.
REPRESENTATIVE JOHANSEN said he does not know whether or not
there are enough language experts throughout the state to meet
that requirement.
9:34:29 AM
REPRESENTATIVE DICK named five cultural areas in Alaska: the
Tlingit, Haida, and Tsimshian of Southeast; Yupik; Alutiiq;
Inupiat; and Athabascan. He stated his understanding that that
is why the number five was chosen for voting members to be
appointed by the governor.
9:35:08 AM
ANNETTE KREITZER, Staff, Representative Alan Dick, Alaska State
Legislature, indicated that there is an amendment in the
committee packet that may address Representative Johansen's
concerns by clarifying what a language expert is. She suggested
that the committee could wait to speak more directly to the
question until the amendment has been moved.
REPRESENTATIVE JOHANSEN indicated that the language of the
aforementioned amendment does not answer his question.
REPRESENTATIVE JOHANSEN next asked what efforts have been made
by the regional and village corporations regarding [Native
languages].
9:37:05 AM
REPRESENTATIVE DICK said all the Native groups in Alaska have
had this dialogue, and HB 254 is a way to unify those voices.
He said even though the Native people talk to each other, "it's
always the outside world that is ... passing legislation that's
communicating something very different."
REPRESENTATIVE JOHANSEN talked about the segregation of
Caucasians and Native Alaskans in the past, and echoed
Representative Dick's statement about the time in history when
an entire generation of Alaska Natives was forced to speak only
English. He said the government endorsed that through inaction,
and he questioned implementing HB 254 through legislation,
rather than promoting it through Native corporations, which "has
more buy-in from ... the people."
REPRESENTATIVE DICK deferred to those waiting to testify.
9:40:20 AM
REPRESENTATIVE P. WILSON directed attention to page 2, lines 30-
31, which read as follows [original punctuation provided]:
(b) The governor shall make the appointments
required by AS 44.33.530(c), added by sec. 2 of this
Act, on or before December 1, 2012.
REPRESENTATIVE P. WILSON asked for confirmation that "this is
going to be ... with permanent members that don't change, except
for the legislators."
MS. KREITZER answered yes.
9:41:40 AM
REPRESENTATIVE PETERSEN commented that having lived in another
culture and attempted to learn the language, he understands the
important connection between a language and its culture. He
expressed his hope that the proposed legislation gets the
intended results, because he said he thinks the joint prime
sponsor's intention is "well founded and ... from the heart."
CHAIR LYNN questioned how a person can think without language,
and remarked upon the varied effects of different words, even
within one language.
9:43:46 AM
MS. KREITZER, in response to Representative P. Wilson, said the
intent of the proposed [Alaska Native Language Preservation and
Advisory Council] is to view what is going on around the state
and recommend cost-effective ways of supporting preservation,
restoration, and revitalization of languages. She said it is a
concept that the council would more broadly define, but the
framework for it is clear in HB 254. In response to a follow-up
question, she offered her understanding that the council would
advise the governor and the legislature.
9:48:05 AM
REPRESENTATIVE JOHANSEN pointed out that the answer to
Representative P. Wilson's question is in [subsection (b)], on
page 2 of the proposed legislation.
REPRESENTATIVE DICK, in response to Representative Johansen,
said the impetus for the bill came from 45 years of observation
and many people who have expressed concern about the issue. He
indicated that the names of those people are on a list.
9:49:37 AM
DENISE MORRIS, President/CEO, First Alaskans Institute (FAI),
testified in support of HB 254. She mentioned companion bill SB
130. She said FAI works to empower the indigenous people of the
land and assists in making decisions that impact their lives.
She stated that FAI believes the revitalization of Alaska Native
languages is integral to "the restoration of healthy (indisc.)
all Alaskans." She asked that the legislature support the
creation of the Alaska Native Language Preservation and Advisory
Council. She talked about languages having a home, and
contributing to the unique nature of the state.
MS. MORRIS reported that currently there are only about 120
fluent speakers of the (indisc.) language, and most of those
people are over the age of 65. She talked about the connection
between language and the land, and she said, "If we, as
Alaskans, are to steward Alaska and our resources into the
future for the common good and for the benefit of all Alaskans,
then the language[s] of Alaska Native people are crucial to this
endeavor." She said the proposed council will be able to look
at what has been, is being, and should done, reorganize
programs, and make recommendations to the governor, the
legislature, and to other organizations that are also looking to
revitalize Alaska Native languages. She stated that having
people on the council who speak, teach, and continually learn
their Native language and work for the preservation and
revitalization of the language is crucial to the success of the
council.
9:53:51 AM
MS. MORRIS, regarding a previous question as to the involvement
of Native corporations, said the Alaska Native Heritage Center,
and regional, village, and tribal corporations have all been
involved in some critical way in keeping Alaska Native languages
alive. She said there are ongoing programs, and she mentioned
an annual conference held by FAI, where elders and youth meet
for language workshops. In closing, Ms. Morris asked the
legislature to appropriate money for the establishment and
ongoing activities of the council and to support HB 254.
9:55:42 AM
ANNETTE EVANS SMITH, President/CEO, Alaska Native Heritage
Center (ANHC), testified in support of HB 254. She first
introduced herself speaking both Yupik and Koyukon Athabascan.
She said her mother is from South Naknek and her father is from
Rampart, on the Yukon River. She stated that many people
believe that the "DNA" of one's culture exists within the
language of that culture, and with the loss of that language
comes the loss of a vast amount of traditional knowledge. She
said [Alaska Native] languages tell the story of Alaska, and it
is critical to take proactive measures immediately to strengthen
[Alaska Native] languages, while those who speak the languages
are still alive and the interest in revitalizing the languages
is strong.
MS. EVANS SMITH relayed that compelling evidence exists showing
a link between indigenous children with strong, traditional
cultures and linguistic backgrounds and academic success. She
said children taking language and culture classes benefit by
gaining stronger identities and an appreciation of their
heritage. Conversely, American Indian and Alaska Native
teenagers who are conflicted about their culture are at greater
risk for engaging in alcohol and drug use and dropping out of
school. She reported that the ANHC's nationally award-winning
after school program and internship program have reached their
highest graduation rates in history. She said the graduation
rate for Alaska Native students in the Anchorage School District
is approximately 43 percent, while the children in the ANHC's
program graduate at a rate of 83 percent. Ms. Evans Smith
stated, "At our core, we recognize that indigenous language
learning promotes increased self-esteem and confidence for our
youth, and a strong cultural identity and knowledge translates
into a stronger person overall." She said ANHC is currently
working to develop onsite programs that provide indigenous
language and learning opportunities in a full immersion
environment.
MS. EVANS SMITH, in response to a request from the chair to wrap
up her testimony, stated that there are examples of successful
attempts to restore indigenous languages in New Zealand,
Hawai'i, and Wyoming. She said the proposed bill will help
unify the programs aimed at restoring Alaska Native languages
and will provide a much needed political infrastructure, both
inside and outside state government, to "promote sustainable
Alaska Native language efforts." She thanked the joint prime
sponsors and the members of the House State Affairs Standing
Committee.
10:00:28 AM
ROSITA WORL, Ph.D., President, Sealaska Heritage Institute
(SHI), testified on behalf of HB 254. She stated that the
mission of SHI is to perpetuate the Tlingit, Haida, and
Tsimshian cultures, and its goal is to support cultural
diversity and promote cross-cultural understanding. She said
SHI has been engaged in language restoration for the last 12
years. Dr. Worl imparted that she also serves on the board of
directors of the Indigenous Language Institute, is a member of
the National Council of Native American Languages, and earned
her Ph.D. in Anthropology at Harvard University, with a minor in
Sociolinguistics. She said she would give the committee a
written statement on Alaska Native languages, which outlines the
need for [HB 254], and a report on Alaska Native language
programs administered by Alaska Native organizations, which
demonstrates that Native organizations are successful in
implementing Native language revitalization programs. She said
much more is needed to be done in this area. In response to
Representative Johansen, she stated her belief that professional
language expertise exists within Alaska, and she said that view
is supported in the aforementioned report.
10:02:18 AM
DR. WORL shared her heritage in both Tlingit and English. She
said she is from the Thunderbird clan and the Eagle moiety, from
the House Lowered From The Sun in Klukwan, a child of the
Sockeye clan. She said her Tlingit names embody both her social
identity and her cultural values; they establish a bond between
her and her ancestors and create for her a responsibility to
future generations. She said her social identity reflects "our
world view and our relationship to the land and environment."
Dr. Worl revealed that it has taken many years for her to
resolve the conflicts between her Native self and herself in the
non-Native world. She explained that she is of the generation
of Alaska Natives who were forcibly kidnapped from their homes
and put in a mission school to be "educated" and "civilized."
She said conflicts still exist for many young Native Alaskans
living in both a Native and non-Native world. She stated her
belief that [HB 254] can do much to bring about understanding of
cultural differences, and she expressed her hope that it would
protect linguistic and cultural diversity.
10:04:09 AM
DR. WORL outlined the status of Alaska Native languages. She
warned that unless remedial action is initiated, most Alaska
Native languages will become extinct. She related the status of
the following languages, according to a United Nations
Educational, Scientific and Cultural Organization (UNESCO)
report: Inupiat, in the North Slope and Kotzebue, and Gwitchen
Athabascan languages are listed as severely endangered, which
means that those languages are spoken by grandparents and older
generations, and, while parent generations may understand those
languages, they do not generally speak them to their children or
among themselves; Aleut and the Southeast Alaska Native
languages are listed as critically endangered, which means that
the youngest speakers are grandparents and older who speak the
language partially and infrequently; and Yupik is listed as
vulnerable, which means that most children speak the language,
but it may be restricted to certain domains, such as in the
home. Dr. Worl noted with regret that Eyak is extinct.
DR. WORL said some people have suggested that the proposed
Alaska Native Language Preservation and Advisory Council may
duplicate the work of the Alaska Native Center, but she assured
the committee that this is not the case. She emphasized the
importance of understanding the difference between documentation
and revitalization. She explained that the Alaska Native
Center, established about 40 years ago, focuses primarily on the
documentation of Alaska Native languages. She said
documentation itself does not lead to the restoration of a
language, because it does not include the development of
curriculum or the training of Native language instructors - the
two critical components of language revitalization. She stated
her belief that the legislature fully understands the social and
economic cost to a society and to the state when a significant
percent of its population has a poor education. She echoed the
comments of Ms. Evans Smith that children who grow up thinking
their language and culture are inferior often have low self-
esteem, which is a major factor in failure at school.
10:07:04 AM
DR. WORL opined that Native language restoration benefits not
only the language itself, but also society as a whole. She
talked about the millions of dollars that are spent trying to
mend an educational system that has failed Alaska Native people.
She echoed the previous testimony of Ms. Evans Smith that
studies of existing programs have shown that integrating
language and culture into curriculum improves academic
achievement. Dr. Worl concluded by stating that although she
supports HB 254 as a means by which to identify the barriers to
language restoration, much more needs to be done immediately.
She invited the committee to read her written testimony,
[included in the committee packet].
[HB 254 was held over.]
10:09:07 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:09
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB0254A.pdf |
HSTA 2/16/2012 8:00:00 AM |
HB 254 |
| 02 HB 254 Sponsor Statement.PDF |
HSTA 2/16/2012 8:00:00 AM |
HB 254 |
| 03HB 254 Sectional Analysis.pdf |
HSTA 2/16/2012 8:00:00 AM |
HB 254 |
| 04 HB 254 Amendment 27-LS1145- A 2.pdf |
HSTA 2/16/2012 8:00:00 AM |
HB 254 |
| 05 HB254-DCCED-DCRA-02-10-12.pdf |
HSTA 2/16/2012 8:00:00 AM |
HB 254 |
| 06 HB 254 SB 130 Letters of Support.pdf |
HSTA 2/16/2012 8:00:00 AM |
HB 254 SB 130 |
| 01 SB89 Version R from (S)JUD.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 02 SB89 Sponsor Statement Version R (2).pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 03 SB89 Sectional for Version R.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 04 SB 89 Backup Ethics Committee Advisory Opinions.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 05 SB 89 Backup Ethics Committee Minutes Relevant.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 06 SB 89 Backup NCSL Links to States' Legislative Ethics Codes.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |
| 07 SB0089-2-2-013012-LEG-N.pdf |
HSTA 2/16/2012 8:00:00 AM |
SB 89 |