04/01/2014 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB127 | |
| HJR32 | |
| HB216 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 127 | TELECONFERENCED | |
| *+ | HJR 32 | TELECONFERENCED | |
| += | HB 216 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 1, 2014
8:08 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Lynn Gattis
Representative Shelley Hughes
Representative Doug Isaacson
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Charisse Millett
OTHER LEGISLATORS PRESENT
Representative Benjamin Nageak
COMMITTEE CALENDAR
SENATE BILL NO. 127
"An Act authorizing the commissioner of administration to enter
into agreements with agents to perform for compensation certain
transactions related to vehicles; relating to the duties of
those agents; and providing for an effective date."
- MOVED HCS SB 127(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 32
Urging the United States government to take decisive and
concrete action to require the release of Mother Pelagia Sayaf,
the orphans she cares for, and Bishops Youhanna Ibrahim and
Boulos Yazigi; and urging the United States government to
condemn violent acts of religious persecution and bring a
peaceful resolution to the conflicts in Syria.
- MOVED CSHJR 32(STA) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 216(STA)
"An Act adding the Inupiaq, Siberian Yupik, Central Alaskan
Yup'ik, Alutiiq, Unangax, Dena'ina, Deg Xinag, Holikachuk,
Koyukon, Upper Kuskokwim, Gwich'in, Tanana, Upper Tanana,
Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and Tsimshian
languages as official languages of the state."
- MOVED CSHB 216(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 127
SHORT TITLE: VEHICLE TRANSACTION AGENTS
SPONSOR(s): SENATOR(s) GIESSEL
01/22/14 (S) READ THE FIRST TIME - REFERRALS
01/22/14 (S) STA
02/13/14 (S) STA AT 9:00 AM BUTROVICH 205
02/13/14 (S) Heard & Held
02/13/14 (S) MINUTE(STA)
02/20/14 (S) STA AT 9:00 AM BUTROVICH 205
02/20/14 (S) Moved SB 127 Out of Committee
02/20/14 (S) MINUTE(STA)
02/21/14 (S) STA RPT 3DP 1DNP
02/21/14 (S) DP: DYSON, GIESSEL, COGHILL
02/21/14 (S) DNP: WIELECHOWSKI
02/21/14 (S) STA RECOMMENDS ADDITIONAL FIN REFERRAL
02/21/14 (S) FIN REFERRAL ADDED AFTER STA
03/03/14 (S) FIN AT 5:00 PM SENATE FINANCE 532
03/03/14 (S) Moved SB 127 Out of Committee
03/03/14 (S) MINUTE(FIN)
03/05/14 (S) FIN RPT 4DP
03/05/14 (S) DP: MEYER, FAIRCLOUGH, BISHOP, DUNLEAVY
03/14/14 (S) TRANSMITTED TO (H)
03/14/14 (S) VERSION: SB 127
03/17/14 (H) READ THE FIRST TIME - REFERRALS
03/17/14 (H) STA, FIN
04/01/14 (H) STA AT 8:00 AM CAPITOL 106
BILL: HJR 32
SHORT TITLE: PROTECTION OF CHRISTIAN SYRIANS
SPONSOR(s): REPRESENTATIVE(s) SADDLER
02/26/14 (H) READ THE FIRST TIME - REFERRALS
02/26/14 (H) STA
04/01/14 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 216
SHORT TITLE: OFFICIAL LANGUAGES OF THE STATE
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS, MILLETT, EDGMON,
NAGEAK, HERRON
01/21/14 (H) PREFILE RELEASED 1/10/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) CRA, STA
02/18/14 (H) CRA AT 8:00 AM BARNES 124
02/18/14 (H) Moved Out of Committee
02/18/14 (H) MINUTE(CRA)
02/19/14 (H) CRA RPT 5DP
02/19/14 (H) DP: FOSTER, HERRON, DRUMMOND, LEDOUX,
NAGEAK
03/27/14 (H) STA AT 8:00 AM CAPITOL 106
03/27/14 (H) Heard & Held
03/27/14 (H) MINUTE(STA)
04/01/14 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
FORREST WOOLFE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes made in the proposed
House committee substitute (HCS) for SB 127, Version 28-
LS1263\C, Strasbaugh, 3/26/14, on behalf of Senator Giessel,
prime sponsor.
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented SB 127.
TIM TOTH, Vice President
Alaska Auto Dealers Association
Anchorage, Alaska
POSITION STATEMENT: Offered a background on the current sales
environment of dealerships during the hearing on SB 127.
TROY JARVIS
Alaska Auto Dealers Association;
Lithia Auto Dealers
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on SB 127.
MELISSA CUCULLU, General Manager
Alaska Tags and Titles
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 127.
AVES THOMPSON, Executive Director
Alaska Trucking Association (ATA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 127.
AMY ERICKSON, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on SB 127.
DUANE BANNOCK
Kenai, Alaska
POSITION STATEMENT: Testified in support of SB 127.
REPRESENTATIVE DAN SADDLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HJR 32.
SELINA EVERSON
Alaska Native Sisterhood (ANS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 216.
XH'UNEI LANCE A. TWITCHELL, Professor
Alaska Native Languages
University of Alaska Southeast (UAS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 216.
PAUL BERG
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 216.
ACTION NARRATIVE
8:08:17 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:08 a.m. Representatives Keller, Isaacson,
Gattis, Hughes (via teleconference), Kreiss-Tomkins, and Lynn
were present at the call to order.
SB 127-VEHICLE TRANSACTION AGENTS
8:08:51 AM
CHAIR LYNN announced that the first order of business was SENATE
BILL NO. 127, "An Act authorizing the commissioner of
administration to enter into agreements with agents to perform
for compensation certain transactions related to vehicles;
relating to the duties of those agents; and providing for an
effective date."
8:09:46 AM
FORREST WOOLFE, Staff, Senator Cathy Giessel, Alaska State
Legislature, stated that the proposed House Committee Substitute
(HCS) for SB 127, Version 28-LS1263\C, Strasbaugh, 3/26/14,
would "clean up some of the language" in SB 127 by changing some
uses of the word "may" to "shall". He said it would allow the
Division of Motor Vehicles (DMV) "to honor the current
agreements while the department promulgates and adopts
regulations" and "to begin providing the 15 percent retained
commissions on the effective date of the bill, without waiting
for enabling ... regulations."
8:10:21 AM
SENATOR CATHY GIESSEL, Alaska State Legislature, as prime
sponsor, presented SB 127. She said the proposed legislation
would continue the support of a strong private/public
partnership in the DMV. She related that ten years ago, the
concept of making the division more available, convenient, and
responsive was made a reality. She explained that at that time,
Advanced Business Partnerships (ABPs) were formed to handle the
following for the DMV under contract: vehicle titles and
renewals; registration renewals; duplicate registrations; lost
license plates; lost tabs; transfers of plates; and driving
record transactions for truck drivers, among other functions.
She stated that the ABPs are run by car dealerships and private
companies located across the state; the locations and hours are
convenient, and the service is prompt.
SENATOR GIESSEL said the process is also used by the Alaska
Department of Fish & Game (ADF&G), which uses ABPs to issue
fishing licenses in convenient locations. The difference is
that ADF&G allows the stores that sell fishing licenses to
retain a small fee from the cost of each license, in order to
cover the cost of the personnel selling the licenses. She said
the DMV does not allow its business partners to do that; all of
the costs of conducting business for the DMV is incurred by the
APBs. A few of the private businesses charge the consumer a
separate fee in order to cover their costs.
8:12:47 AM
SENATOR GIESSEL said the concept of having ABPs sell services
for the DMV has resulted in a huge shift in the number of
customers who go to the DMV. She directed attention to a graph
included in the committee packet, labeled, "DMV Revenue Sources
FY97-FY07," which she said indicates a rise in the number of
people using ABPs and a subsequent decline in the number of
people seeking the same services from the DMV. She said
consumers prefer the more convenient hours and locations
available through the ABPs. Currently, the ABPs are doing more
than 25 percent of the DMV's work. She stated that the goal of
SB 127 would be to allow the ABPs to retain some of the fee to
cover their costs, because they have to provide the facilities
and pay for utilities, printers, office supplies, credit card
systems, computers, and personnel. She said the transactions
performed for the DMV are more complex than those performed by
vendors selling fishing licenses for ADF&G, which means it costs
more.
8:14:11 AM
SENATOR GIESSEL said under SB 127, the ABPs providing DMV
services would be allowed to keep 15 percent of the fee, and the
rest of the fees would be passed on to the DMV. She pointed out
that there are 16 communities that charge a local motor vehicle
tax, and the ABPs collect that tax for the local governments.
She said all that tax money is sent to the DMV, which retains 8
percent of it and sends the rest on to the local governments.
She said calculations show that ABPs are doing over 336,000
transactions per year for the DMV. She said if the DMV covered
the 336,000 transactions, it would have to hire 32 new state
employees, which means the local businesses are doing the work
of 32 employees. Senator Giessel pointed to the fiscal note,
and she explained that it reflects a cost just under $2 million,
which is zeroed out by the just under $2 million it would cost
to hire the 32 employees, without the cost of hiring the three
supervisors for the 32 employees included. She said it is
virtually a zero fiscal note.
8:16:19 AM
SENATOR GIESSEL said SB 127 would support the continuation of
convenient services, hours, and locations for the public to
access DMV services outside of the DMV. She stated, "It's a
small step toward reducing the size of state government."
8:16:42 AM
SENATOR GIESSEL, in response to Chair Lynn, stated that there
are a total of 48 ABPs: 11 are stand-alone private businesses,
and 37 are automobile dealers.
CHAIR LYNN recollected that the last time he purchased a
vehicle, he was given a choice of going to the DMV for
registration or having the dealer take care of it for him.
CHAIR LYNN opened public testimony.
8:18:07 AM
TIM TOTH, Vice President, Alaska Auto Dealers Association,
offered a background on the current sales environment of
dealerships. He indicated that auto dealers were involved in a
class action lawsuit - regarding wage and overtime - that they
lost, because the judge followed the letter of the law rather
than the spirit of the law. He relayed that the dealers in
Alaska are paid in the same manner in which the dealers in the
Lower 48 are paid. He said another class action lawsuit has
begun, which will cost the dealerships in expenses.
MR. TOTH said dealerships incur many expenses, including those
for property taxes, utilities, health care, and in responding to
the demands from manufacturers to maintain a standard in
facilities. He said more dealerships have been entering the
market, which "splits the pie a little bit thinner." He said it
is getting increasingly difficult to absorb all the costs of
doing business. He said he does not know who initiated the
dealerships' involvement with collecting fees for the DMV. He
stated that the 15 percent, which auto dealerships that offer
DMV services would stand to get under SB 127, would not cover
all the extra costs, but would "help some." He opined that the
best option for the dealers would be to give the burden back to
the state; however, they have decided they will take on "some of
that burden" because it provides a convenience to their
customers. He emphasized the importance of the proposed 15
percent, because some of the dealers have said they are not
willing to continue the program anymore without it.
8:22:00 AM
MR. TOTH, in response to Representative Isaacson, said if auto
dealers decided not to participate in the program any longer,
then the burden would be shifted back to the state as it was in
the past. In response to a follow-up question, he reviewed that
years ago, the application for title and registration would be
printed out at the dealership, and at the end of business, a
courier would bring those applications to the DMV, which had a
special section that would accept them.
REPRESENTATIVE ISAACSON observed that the DMV-related service
offered by the car dealerships was convenient for the customer,
and the proposed legislation would allow the continuation of
that benefit, to which consumers have become accustomed.
MR. TOTH confirmed that Representative Isaacson was correct. He
reiterated that the proposed 15 percent would not cover all the
costs the dealers incur for offering these services, but dealers
are willing to make up for the rest of it to provide the
convenience to their customers.
8:24:36 AM
REPRESENTATIVE GATTIS asked if the dealers have the option to
say they do not want to offer the DMV services.
8:25:04 AM
MR. TOTH said he does not know. He said most dealers he knows
have DMV clerks; however, he does not know whether that resulted
from a state mandate.
REPRESENTATIVE GATTIS asked the prime sponsor if she knew the
answer. She said she is pro-private business and is willing to
pay extra to have a service available that will allow her not to
have to stand in line for a service; however, she would not want
a car dealership to be forced to offer the service.
8:26:23 AM
SENATOR GIESSEL ventured that offering the service is optional
for car dealers, based on the information that there are 37 auto
dealers that provide the service currently, and there are more
than 37 dealers in state.
8:26:49 AM
MR. TOTH clarified that the auto dealers do not charge extra to
the customer for the DMV services they provide. In response to
Representative Gattis, he surmised that the dealers could charge
an extra fee; however, he would be fearful that doing so may
result in litigation.
8:28:08 AM
TROY JARVIS, Alaska Auto Dealers Association; Lithia Auto
Dealers, stated that he was born and raised in Alaska and has
been in the auto business for over 35 years; therefore, he knows
what it was like before the dealers offered the DMV services and
the effects of doing so now. He said the [participating]
dealerships have been offering the services for free for 10
years, and during that time, their expenses have risen and
margins have shrunk. He echoed Mr. Toth's statement that the 15
percent that would be offered the dealers under SB 127 would
only cover a portion of those expenses. He indicated that the
dealerships are still willing to bear the remaining expense,
because they feel "it's a good value for the state" and is part
of good customer service both for car dealership customers and
DMV customers.
MR. JARVIS asked if anyone recollected the hours of waiting in
line at the DMV ten or more years ago. He opined that it was a
nightmare to go to the DMV back then. He said the dealerships
need the support of the state, and without it would consider
giving the burden back to the state. He echoed the joint
sponsor's remarks about the 32 people that the DMV would have to
hire and the associated expense of doing so, and he added that
that expense would only increase in the future. Further, he
suggested that the hiring of that many people would take time,
during which the wait time at the DMV would return to how it was
in the past. He characterized [the 15 percent offered under SB
127] as a "fair compromise for everybody."
MR. JARVIS, in response to the previous comments about charging
customers at the dealerships extra to provide the DMV services,
said he would not want to do that, because the public already
has the perception of car dealers as making profits, so charging
for the service would not be good for customer relations. He
indicated that the dealerships would most likely choose to hand
the service back to the state before it would consider charging
its customers for it.
CHAIR LYNN remarked that it is okay to make a profit, because
that is what businesses are supposed to do.
8:32:17 AM
MELISSA CUCULLU, General Manager, Alaska Tags and Titles, echoed
the prime sponsor's testimony that the private sector provides
the staff, facilities, technology, and office supplies to
process transactions for the DMV. She said the transactions
create millions of dollars for the State of Alaska. She said
the proposed legislation would allow the businesses to hire
additional employees, open new facilities, operate extended
hours, and create more options for Alaska residents, while
helping the businesses offset the incurred credit card fees.
She said SB 127 is about fairness and is a winning answer for
the state, the private businesses, and the public.
8:33:21 AM
AVES THOMPSON, Executive Director, Alaska Trucking Association
(ATA), said ATA is a statewide association representing the
interest of its nearly 200 member companies from across the
state. The association is also a business partner with the DMV.
He stated support of SB 127. He relayed that ATA was approached
[by the DMV] in late December, 2006, to find out if ATA was
interested in becoming a business partner. He said ATA thought
that the partnership could benefit its trucking members to
facilitate the handling of its members' DMV transactions. He
said not only ATA members, but also the general public that
walks into its offices has benefited. Mr. Thompson said about
half of ATA's customers are commercial vehicle operators, while
the other half are walk-in personal vehicle operators. He
stated that the association member companies enjoy prompt
service, and "members pay a lower fee for our DMV services." He
said ATA's walk-in customers are a cross section of the
Anchorage population, and they receive service from ATA that is
"generally prompt, friendly, supportive, and helpful." He said
ATA's customers appreciate the extra effort the association puts
into the transactions "to make the DMV experience a little more
user friendly."
MR. THOMPSON said ATA feels that asking the DMV to pay a modest
15 percent commission is a value for the work for which business
partners [currently] receive no compensation. He clarified,
"Every workday since 2006, we've processed transactions for the
State of Alaska with no compensation, other than the nominal
service fee that we charge our customers." He said the DMV
provides some supplies, including title and registration forms,
tags for the license plates, and the license plates themselves;
however, it has been the business responsibility of the ATA to
provide and pay for the following: personnel, reception space,
secure office space, dedicated computer systems, technical
support, copiers, paper, postage, and credit card fees.
MR. THOMPSON said ATA's business has grown over the years, and
compensation became an issue when the association realized that
more income was needed to finance its growth. He said ATA has
had to borrow money to make the payment schedules to the DMV,
and he offered his understanding that ATA has not missed a
settlement deadline since 2006. He reported that in 2013, ATA
processed more than 11,000 transactions for the DMV and
generated revenue of more than $1.6 million in fees and local
taxes, which means that ATA is not only a revenue generator for
the State of Alaska, but is also a tax collector for local
governments. He said, "Our calculations indicate that of the
$1.6 million, we generated a total of more than $1.1 million in
fee revenue for DMV."
8:36:37 AM
MR. THOMPSON paraphrased the page in the committee packet from
the prime sponsor labeled, "SB 127 Vehicle Transaction Agents
Explanation of Changes," which read as follows [original
punctuation provided]:
The change between version C and version A of SB 127
is simply to allow the DMV to honor the current
agreements during the time it takes for the department
to promulgate and adopt regulations covering the
agreement prerequisites and provisions set out in this
statute.
It will allow the department to begin providing the
15% retained commissions to the Business Partners on
the effective date of the bill without waiting for
enabling regulations.
This language is clear in that all proceeds, with the
exception of municipal taxes or other fees, are
eligible for the 15% retained commissions.
MR. THOMPSON added that the changes would also provide a 15
percent retained commission rather than a sliding scale. He
indicated that ATA believes the business partners are providing
valuable service, without increasing operating costs. Further,
he said ATA believes that the DMV's business partners should be
compensated for the service they provide for the state. He
said, "It boils down to sharing the revenue with the partner
that generates the revenue." He urged the committee to support
SB 127.
8:37:58 AM
AMY ERICKSON, Director, Division of Motor Vehicles, Department
of Administration, confirmed that the DMV has been partnering
with businesses to conduct title and registration transactions
since "the 2000s." She said the partnerships comprise DMV
services storefronts, car and snow machine dealerships, credit
unions, and banks. She said the DMV provides its business
partners with all the necessary supplies to conduct title and
registration transactions, including license plates, month and
year tabs, forms, commercial, non-commercial, and motorcycle
driver manuals, as well as handicap placards - all free of
charge. The DMV further provides free training to process
transactions, as well as free access to the DMV database. She
said the business partners charge fees for their services that
are not regulated by the DMV.
MS. ERICKSON relayed that while the business partners make up
approximately 26 percent of the DMV's revenues, the businesses
do not function autonomously; the DMV still touches each
transaction conducted by a business partner. In fact, she
noted, each DMV transaction has three separate components, which
must be completed before it's closed out: The first component
is the initial transaction where fees are collected; the second
is the auditing to verify the receipts of all information and
that the forms have been filled out correctly; and the third is
the reconciliation to verify that all [fees] were received and
put into the correct fee code. She said business partners
conduct about 30 percent of the transaction, whereas the DMV
conducts about the other 70 percent. She said the DMV has a
staff of seven people dedicated to support the everyday
operations of the business partners; it serves as the "de facto
help desk," spending hours proofing and correcting documents.
When errors have been made, the DMV uses its resources to
resolve them. She stated that the DMV is shifting into using
more on-line transactions. Currently, approximately 48 percent
of all its vehicle transactions are conducted on line, and the
DMV is working on legislation to provide even more services on
line.
8:40:09 AM
DUANE BANNOCK stated that he was a champion of the business
partnership program in his former career as a state bureaucrat,
and remains so in his current "financial affiliation with a
small used car operation." He said, "We use a business
partnership exclusively to perform our customers' title and
registration work - not putting that on the burden of the local
DMV office." He indicated that the major purpose behind the ABP
expansion was to offer, as a courtesy, time-saving convenience
to Alaska residents who must go to a DMV office; it was designed
as a time-saving effect, not a cost-saving effect. He referred
to the past testimony relating the long wait times at the DMV in
the past, and submitted that ABPs are the number one reason
those wait times have decreased.
8:42:00 AM
MR. BANNOCK cited the first part of AS 28.10.421(2), which read
as follows:
(2) an additional fee of $10 shall be added to
the registration fee set out in this section for
registration not conducted by mail or not conducted at
an emissions inspection station or contract office
offering vehicle registration services;
MR. BANNOCK concluded, "For the State of Alaska or for any
legislator to somehow criticize the surcharge, in my humble
opinion, sir, is the proverbial pot calling the kettle black."
CHAIR LYNN recognized Mr. Bannock's service [as former director]
of the DMV.
8:43:01 AM
CHAIR LYNN closed public testimony.
8:43:08 AM
SENATOR GIESSEL summarized that SB 127 was not just about
convenience, but was also about fairness, because the ABPs have
been doing work for the state for free. She mentioned a press
release from another committee, and she read as follows: "The
Division of Motor Vehicles director testified that they brought
in $48 million surplus ..., from DMV, in fiscal year 2013, from
registration fees." She opined that $2 of that actually belongs
to the ABPs.
8:44:02 AM
REPRESENTATIVE KELLER moved to adopt the proposed House
Committee Substitute (HCS) for SB 127, Version 28-LS1263\C,
Strasbaugh, 3/26/14, as a work draft. There being no objection,
Version C was before the committee.
8:44:15 AM
REPRESENTATIVE KELLER moved to report the proposed House
committee substitute (HCS) for SB 127, Version 28-LS1263\C,
Strasbaugh, 3/26/14, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS SB 127(STA) was reported out of the House
State Affairs Standing Committee.
8:44:40 AM
The committee took an at-ease from 8:45 a.m. to 8:46 a.m.
HJR 32-PROTECTION OF CHRISTIAN SYRIANS
8:46:28 AM
CHAIR LYNN announced that the next order of business was HOUSE
JOINT RESOLUTION NO. 32, Urging the United States government to
take decisive and concrete action to require the release of
Mother Pelagia Sayaf, the orphans she cares for, and Bishops
Youhanna Ibrahim and Boulos Yazigi; and urging the United States
government to condemn violent acts of religious persecution and
bring a peaceful resolution to the conflicts in Syria.
8:46:47 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HJR 32, Version 28-LS1532\N, Bullock,
3/21/14, as a work draft. There being no objection, Version N
was before the committee.
8:47:02 AM
REPRESENTATIVE DAN SADDLER, Alaska State Legislature, as
sponsor, presented HJR 32. He said Alaskans historically have
had a willingness to "live and let live," respecting the rights
of people to live and behave as their consciences dictate and
"tolerate those of other ethnic, cultural, and religious
backgrounds." Further, he said many Alaskans have a strong
connection to the Holy Land, comprising Israel, Egypt, Lebanon,
and Syria. He said it is the birthplace of Christianity; the
apostle Paul had his conversion in Syria on the road to
Damascus. He stated, "That's why Alaskans care about this area,
and that's the reason for this resolution." He said
constituents of his that work at the St. John's Orthodox Church,
in Eagle River, Alaska, brought the issue to his attention out
of concern for their fellow Christians in Syria. He said Syria
has been involved in civil war since 2011, with varying Muslim
sects, Al Qaeda factions, Jihadi groups, and Christians all
fighting each other. He said, "It's a mess; I couldn't ...
explain it if I tried."
REPRESENTATIVE SADDLER opined that what is important is that
during the civil war, Christians and Christian churches appear
to have been the target of systematic attacks, during which
innocent women and children have been murdered, Christians have
been kidnapped, murdered, or forced to convert under pain of
death, and Christian churches are being "burned, desecrated, and
destroyed." He relayed that Christian Syrians make up
approximately 8 percent of the 22 million people in Syria, but
make up nearly 25 percent of the 2 million refugees of the civil
war and unrest. He said, "They're not safe no matter what side
they support, and many fear for their lives."
REPRESENTATIVE SADDLER said two bishops, Youhanna Ibrahim and
Boulos Yazigi, were kidnapped in Aleppo, Syria; Mother Pelagia
Sayaf and dozens of orphaned children in her care were kidnapped
from the Monastery of Saint Thecla in Maaloula. He said Mother
Sayaf and the orphans were released after three months of
captivity; however, the bishops and others remain in captivity,
and the destruction of churches continues.
REPRESENTATIVE SADDLER relayed that it has been said that all
that is required for evil to triumph is for good men and women
to do nothing. He said Alaskans could raise their collective
voices against the crimes in Syria. The proposed legislation
would call on the United States "to exercise our moral authority
and its diplomatic influence," in an effort to seek an end to
the atrocities occurring in Syria against people of faith and
their houses of worship.
8:49:51 AM
CHAIR LYNN said situations like the one in Syria make him
appreciate the freedom of religion in the U.S. He said he
thinks people sometimes take that for granted, but should never
do so.
8:50:13 AM
REPRESENTATIVE ISAACSON thanked the sponsor for bringing forward
HJR 32. He remarked that it is one thing to have verbal
assault, but quite another to have deadly assault. He said,
"This is happening throughout the world, and this draws
attention." He indicated that the proposed joint resolution is
a fitting step in considering human rights, and he expressed his
hope that it would be a resounding message passed through [the
U.S. Senate and the House of Representatives.]
8:50:52 AM
CHAIR LYNN ascertained that there was no one else who wished to
testify.
8:51:05 AM
The committee took a brief at-ease.
8:51:27 AM
REPRESENTATIVE KELLER moved to report the proposed committee
substitute for HJR 32, Version 28-LS1532\N, Bullock, 3/21/14,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHJR
32(STA) was reported out of the House State Affairs Standing
Committee.
8:51:47 AM
The committee took an at-ease from 8:52 a.m. to 8:54 a.m.
HB 216-OFFICIAL LANGUAGES OF THE STATE
8:54:31 AM
CHAIR LYNN announced that the final order of business was HOUSE
BILL NO. 216, "An Act adding the Inupiaq, Siberian Yupik,
Central Alaskan Yup'ik, Alutiiq, Unangax, Dena'ina, Deg Xinag,
Holikachuk, Koyukon, Upper Kuskokwim, Gwich'in, Tanana, Upper
Tanana, Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and
Tsimshian languages as official languages of the state."
[An objection to the motion to adopt Conceptual Amendment 1,
labeled 28-LS0905\U.1, Martin, 3/14/14, was left pending from
the 3/27/14 House State Affairs Standing Committee meeting.]
8:55:05 AM
REPRESENTATIVE KELLER withdrew his motion to adopt Conceptual
Amendment 1.
8:55:27 AM
REPRESENTATIVE ISAACSON moved to adopt the proposed committee
substitute (CS) for HB 216, Version 28-LS0905\P, Martin,
3/31/14, as a work draft. There being no objection, Version P
was before the committee.
8:55:48 AM
REPRESENTATIVE ISAACSON said he and [Representative Kreiss-
Tomkins], a joint prime sponsor, worked on the language for
Version P to ensure that under the proposed legislation, the
state would not be required to print out official documents in
all the languages of Alaska. He explained that that had been
the intent, but since intent language does not "travel with the
bill," language clarifying that intent was worked into HB 216.
He emphasized that Version P would not restrict municipalities
or the state from conducting bilingual meetings, but it also
would not require all 21 languages to be spoken at the same
meeting.
8:57:14 AM
REPRESENTATIVE KREISS-TOMKINS thanked committee members for
their cooperation and corroboration.
8:57:35 AM
CHAIR LYNN asked members of audience to stand up if they
supported HB 216, and then he offered his understanding that "it
looks fairly unanimous."
8:58:37 AM
SELINA EVERSON, Alaska Native Sisterhood (ANS), opened her
remarks with a few words in Tlingit. She spoke about the impact
of being denied the right to speak ones Native tongue. She said
there is a 90-year-old man in Angoon who breaks down crying when
he recollects being forbidden to speak his language. She said
her brothers were forbidden to speak their language on the
Sheldon Jackson School grounds, but they would "jump up in the
air to say some words in our language." She stated that she
does not want anyone to forbid Native Alaskans to speak their
language, because "it is our very being; it's our culture." She
said there is respect among the speakers of Native languages,
including Tlingit, Haida, and Tsimshian. Ms. Everson stated
that it would be an honor to be recognized for the culture and
language that is the heart and soul of Native Alaskans. She
thanked the committee in Tlingit. In response to Chair Lynn,
she noted that ANS would turn 100 in 2015; the Alaska Native
Brotherhood (ANB) had celebrated its one-hundredth anniversary
in 2012.
9:00:53 AM
XH'UNEI LANCE A. TWITCHELL, Professor, Alaska Native Languages,
testified in support of HB 216. He said he is in search of
equal rights in terms of language recognition. He said he is
speaking not only on his own behalf but for "every person in
this room and elsewhere who have asked me to speak for them
today." He said, "I will speak in the language of our
grandparents, and I say 'our grandparents' because you are here
with me on this land where this wonderful Tlingit Language has
been spoken for about 9,000 years longer than the English
Language has been in existence." He explained that he did not
say that to establish a hierarchy. He said diversity is not
about who is best, but is "appreciating the beauty of all things
without having to compare it to yourself; without having it be
yourself."
9:01:57 AM
MR. TWITCHELL spoke in Tlingit.
9:02:41 AM
MR. TWITCHELL continued his testimony in English, as follows:
Self-respecting people, please listen carefully. Our
language is our life breath; it is the last thing.
Through our language we are still holding each other's
hands - yesterday, today, tomorrow. Because of this,
from my little grandchildren I am speaking to you.
But it is not me that you hear. No, you hear the
voices of my grandparents; you hear my magnificent
uncles. They have come here - yes. We are dying;
right before your eyes our languages are dying. Help
us.
9:03:20 AM
Someone has taken all the fish out of the sea. They
are on the beaches gasping for air. I hear someone
say, "How did this happen? Oh, no!" Someone else
says, "Let's form a committee to talk about our
options. Let's preserve them where they are in this
condition." Yet another suggests a statewide holiday
for the dying fish; a resolution of support. If you
could speak their languages, you would hear how they
are screaming. It would tear you apart - if you could
hear them. But listening is not what it used to be.
Now let me tell you this: These fish did not decide
to get out of the ocean; they did not outgrow their
need for it - no. They were tortured as children for
speaking their languages - tortured. If you think
this type of thing happened [a] long time ago, then
you should know that it happened to people in this
very room - such suffering. If you don't know what to
do, then I'll tell you. You put them back in the sea.
You get as many people together as you can, and work
together very quickly to undo what has been done. You
fix things. There is no humane counterargument to
this.
We are here today for our elders, who have suffered
tremendously to keep our languages alive. They were
beaten, humiliated, and tortured in schools sanctioned
by state and federal governments and run by churches.
We are here for our parents. Many of them lived a
life without their languages and feel left out, alone,
isolated, lost. We are here for our combat veterans
who shed blood for this country and state. There were
code talkers in World War II, who used Alaska Native
languages to help win battles and wars. We are here
for your children, who are killing themselves in
record numbers. Our children are killing themselves.
This is more than symbolic; this is historic. History
will not remember you for specialized license plates
and parking ticket processes; history will remember
you for this moment right here - what you say and do
when we ask you to help us live, to find a brighter
future for our languages, cultures, and people. If
you are worried about racial divisions, because you
choose to recognize us as equals, then you must
understand this: You cannot have multiculturalism in
Alaska and monolingualism at the same time. You just
get language death. The greatest way to achieve unity
is to look at your fellow man and say, "You are of
equal value." ...
9:06:00 AM
MR. TWITCHELL said HB 261 would make Alaska the second state in
the U.S. to officially recognize indigenous languages and end
suffering, humiliation, and racial superiority. He said Hawaii
is the only one currently reducing language shift, which means
the state is producing more Hawaiian speakers than it is losing.
He stated, "People cannot be something other than what they were
born to be, which is coded in their languages. These languages
root people - whether they are Alaska Native or not - to a
place. This is what unity feels like." He opined that HB 216
would be a step in the right direction by elevating Alaska
Native languages at the highest level, which would help in the
fight against addiction, depression, suicide, violent crimes,
and high school dropout rates, and it would create a better
state by "overcoming outdated notions that we are inferior." He
told the committee to have courage and support the proposed
legislation through the committee and on the House floor. He
concluded, "We will share with you the joy of overcoming the
worst of times." He thanked the committee in Tlingit and
English.
9:07:25 AM
PAUL BERG noted that he has been a teacher in Alaska since 1977,
but was speaking on behalf of himself. He said he had been
involved in multi-cultural education, including being part of
President George H. W. Bush's Indian Nations at Risk Task Force
approximately 20 years ago. He related that on the prior Friday
he "came home from a war." He explained that he gathered with
people to hear a senator announced that Alaska was going to
address a wrong. A Vietnam veteran took the microphone and
recounted his experience returning to the U.S., having people
spit on his uniform, and not being able to get a cab driver to
take him to his house. Mr. Berg said hearing the story brought
him back to his experience in San Francisco, in 1968, standing
in formation with his fellow military comrades, just having
arrived home, when people came and threw garbage on their
uniforms. He said he contained himself, but the man next to him
sobbed. They were not prepared for such a reception. Returning
to the Senator's words on that Friday, he recounted how the
group was told they were to receive a welcome home certificate
from the State of Alaska. He said at the end of that ceremony
he felt "a spike had been removed from the core of my soul." He
said it was an incredible healing, and he thanked the
legislature for making that happen.
9:09:19 AM
MR. BERG said veterans do not consider that the garbage and spit
was directed at them, but at their uniforms. He explained that
those in the military consider the uniform as "where we had
been, what we had done," and the "friends who didn't come back
with us." He said in the years he has traveled through Alaska,
especially during his work in the Yukon-Kuskokwim (Y-K) Delta,
he has witnessed the same pain. He said he is 69, and many his
own age have had their language torn away from them, through
sanctioned "physical and emotional brutality," and they have
borne the wounds "like a spike through the soul." He said that
pain frequently is passed down to their children and
grandchildren. He said, "It's called, 'secondary post-traumatic
stress.'" He opined that this is an historic moment for the
legislature, because it has the opportunity to right "a second
great wrong," to "restore balance," and "to begin healing a
great, open, and festering wound." He asked the legislature to
extend the same kindness and healing opportunity that was
extended to him last Friday, by "welcoming these languages and
their speakers home at last."
9:11:08 AM
CHAIR LYNN closed public testimony.
9:11:18 AM
REPRESENTATIVE KREISS-TOMKINS, as joint prime sponsor, said he
was completely unfamiliar with Alaska Native languages until he
ran for office. He said through the process of campaigning, he
got to know a woman in Klawock, whom he described as in her 80s,
"tough as nails," a "beautiful, resilient woman whose smile has
not aged one year with time." He said he visits her when he
travels to Klawock. She is a fluent speaker of Tlingit. He
said although he hopes to speak Tlingit one day, he does not
currently understand it; however, when the woman speaks in
Tlingit, "you can really see her soul come alive; it is the
essence of her being, and it's a beautiful experience." He
characterized the woman as a cultural treasure of Alaska, as is
Tlingit and the other Native languages of Alaska. He said it
has been gratifying to work on HB 216 in an attempt to honor and
revitalize the languages. He thanked the committee and
participants in the room, especially all the elders in Alaska
who are "the culture-bearers of these languages."
9:13:31 AM
CHAIR LYNN stated that people living in Alaska are Americans,
Alaskans, and brothers and sisters. He stated that language,
beyond being communication, is "our heart and soul." He said he
could not imagine trying to think without having some kind of
language. He said the proposed legislation would not fix
everything, but he indicated that it could be a step in a long
journey.
9:14:25 AM
REPRESENTATIVE ISAACSON asked that the [joint-prime sponsor]
move the bill with full concurrence.
9:14:32 AM
REPRESENTATIVE KREISS-TOMKINS moved to report the proposed
committee substitute (CS) for HB 216, Version 28-LS0905\P,
Martin, 3/31/14, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection, CSHB 216(STA) was reported out of the House
State Affairs Standing Committee.
9:15:26 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:15
a.m.