Legislature(1995 - 1996)

02/27/1996 03:04 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HB 512 - ENGLISH AS THE COMMON LANGUAGE                                     
                                                                               
 Number 2231                                                                   
                                                                               
 REPRESENTATIVE PETE KOTT, Sponsor of HB 512, pointed out the                  
 committee should have before them a committee substitute for HB
 512.  He presented the following sponsor statement:  "English is              
 the nation's single shared language that crosses all ethnic,                  
 racial, cultural, and religious lines, and allows diverse Americans           
 to share their various backgrounds.  The bill would simply make               
 official what is already common practice in the state of Alaska               
 today, which is to use English in public meetings and with public             
 documents or records.  Public documents include such things as                
 birth, death, marriage, and divorce certificates, and any other               
 written matter the state provides.  He said the intent of the bill            
 was not to change any practices that are already occurring in the             
 state, but simply to give official recognition to what is already             
 being done:  That is to recognize English as the common bond which            
 basically holds everyone together.  It is an empowerment tool.  If            
 an individual does not have comprehensive understanding of the                
 English language, they will not be able to take full advantage of             
 the social, political and cultural aspects in Alaska.                         
                                                                               
 REPRESENTATIVE KOTT pointed out that since 1812, with Louisiana               
 being the first state to recognize English as the official                    
 language, 21 other states have adopted this measure.  It is his               
 hope that Alaska will be number 23.  He noted there are a number of           
 other states that have addressed the matter in their legislative              
 sessions.  The bill does not infringe on anyone's rights in any               
 way, it does not affect private organizations or private                      
 conversations, it is directed only at state agencies and political            
 subdivisions of the state.  He informed the committee that he has             
 worked extensively with various organizations to ensure a palatable           
 product that would be acceptable to all.  Representative Kott said            
 from a financial application, at some point in the future the state           
 will save an enormous cost by not having to duplicate records in a            
 number of languages.                                                          
                                                                               
 TAPE 96-16, SIDE B                                                            
 Number 001                                                                    
                                                                               
 REPRESENTATIVE KOTT said he would explain the changes in the                  
 committee substitute if the committee so desired.                             
                                                                               
 CO-CHAIR BUNDE asked Representative Kott for a list of the 22                 
 states that recognized English as the official language.                      
                                                                               
 CO-CHAIR TOOHEY pointed out the information was in the committee              
 packet.                                                                       
                                                                               
 Number 037                                                                    
                                                                               
 REPRESENTATIVE KOTT stated there is federal legislation moving                
 through the process that will recognize English as the official               
 language of the Nation.                                                       
                                                                               
 CO-CHAIR TOOHEY said this is an issue that has been creeping up for           
 some time, but many individuals in the state were reticent to make            
 the Native community feel that the importance of their language is            
 not being recognized.  She asked Representative Kott to explain how           
 that fits into this legislation.                                              
                                                                               
 REPRESENTATIVE KOTT said he believed that as Alaska increases its             
 commitment to cultural diversity, a commitment to a common bond of            
 English becomes more essential in maintaining that clear and                  
 precise communication.  He pointed out the original bill addressed            
 the issue of English as the common language; however, he recognized           
 there are a number of common languages in rural Alaska and did not            
 want to infringe on that commonality within that particular area of           
 the state, so the issue was readdressed and it is addressed in the            
 form of an official language of the state of Alaska. Representative           
 Kott said those common languages are still recognized and no one's            
 toes are being stepped on in any way.                                         
                                                                               
 CO-CHAIR BUNDE referenced the cost savings with regard to                     
 duplication of records and asked Representative Kott if that occurs           
 now or was he projecting in the future.                                       
                                                                               
 REPRESENTATIVE KOTT responded it was more of a future projection in           
 that he didn't believe the state duplicates any great number, if              
 any, of the documents referenced in his sponsor statement.                    
                                                                               
 Number 122                                                                    
                                                                               
 REPRESENTATIVE ROBINSON asked Representative Kott what he is trying           
 to stop or fix.                                                               
                                                                               
 REPRESENTATIVE KOTT said the English language has not been adopted            
 in law; common usage is generally by custom, not by law.  This                
 legislation would put into statute.  He believes it is important to           
 recognize that English is the common bond.  He stated there are a             
 number of applications of languages especially in rural Alaska, but           
 in order to take advantage of the social, political and economic              
 tools available to citizens of this state, we need to empower them            
 with at least the knowledge that English will get a person from               
 here to there.  In looking at some of the job requirements in the             
 urban centers, he doesn't believe a person will go very far without           
 a good understanding of the English language.  It's being elevated            
 as an umbrella language that suggests if an individual wants to get           
 from here to there, the ability to communicate in the English                 
 language is necessary.  That's not to say the other languages are             
 not as important, but English is the overall general accepted                 
 language in this state.                                                       
                                                                               
 REPRESENTATIVE ROBINSON said she was trying to figure out what is             
 being gained or lost by passing this legislation.  She is under the           
 impression that most people, no matter what language they speak,              
 who come to Alaska will quickly figure out they need to learn the             
 English language in order to get around.                                      
                                                                               
 REPRESENTATIVE KOTT said he wasn't sure that many of the                      
 individuals who come to Alaska have that recognition.  Certainly              
 American citizens by birth should have no problem, but other groups           
 coming to the state may not have that idea embedded in their minds            
 when they come to Alaska.                                                     
                                                                               
 Number 254                                                                    
                                                                               
 CO-CHAIR BUNDE asked if it is no longer a requirement to speak                
 English to become a citizen of the United States.                             
                                                                               
 RAYMOND TORREON, Director for Alaska, U.S. English, testified that            
 U.S. English is a national nonprofit organization that was founded            
 13 years ago by Senator Sam Hayakawa, an immigrant of Japanese                
 descent.  In response to Co-Chair Bunde's question, currently, the            
 Immigration and Naturalization System (INS) does not give                     
 citizenship tests in any other language other than English.                   
 However, based on U.S. English's perspective, the INS will start              
 next year through the Education Testing Service in New Jersey,                
 giving citizenship tests in as many as 56 different languages.  He            
 pointed out that in Tucson, Arizona in the late 1980s, there was a            
 citizenship ceremony in another language, and the official who gave           
 the citizenship ceremony thought it would mean more to the people             
 taking the oath to become an American citizen if it was done in               
 another language.  He said it is a policy question and any person             
 in Alaska who speaks another language can ask, request or demand              
 government documents in that other language.  Since Alaska has no             
 official policy, a bureaucrat may or may not be so inclined to give           
 the individual that treatment.  On the issue of fairness, he                  
 commented that if one ethnic group is treated one way, they should            
 all be treated the same; if one group is going to be treated                  
 special, then all of them should be treated special; but if you're            
 going to be fair, treat everyone equally which he believes this               
 legislation does.                                                             
                                                                               
 REPRESENTATIVE ROKEBERG asked if there were federal court rulings             
 or areas of the judiciary that are forcing the implementation and             
 adoption of state statutes in order to set out this official                  
 position in terms of language.                                                
                                                                               
 MR. TORREON responded most of the case law dealing with the English           
 language, whether it's official or not, has been in reaction to               
 statutes.  He could not recall one case where a judiciary, circuit            
 court or a local state court had to rule on discrimination that was           
 outside of a statute.  In other words, he didn't know of any case             
 that was developed independent of a statute.                                  
                                                                               
 REPRESENTATIVE ROKEBERG asked if there weren't cases in federal               
 courts about teaching foreign language in school as the primary               
 language.                                                                     
                                                                               
 MR. TORREON said as an example, recently in New York City a group             
 of parents sued the state of New York because they believed their             
 children were not given a fair chance to learn English.  The                  
 children were in a language program that was a little more costly,            
 but their children were not learning English.  Consequently, the              
 parents sued to have the right to choose whether their child should           
 be in a certain special program or just the regular programs.  The            
 parents lost that case.  He believes parents should have the right            
 to decide whether their child should be in a special program or               
 not.  In response to Representative Rokeberg's question he said he            
 wasn't aware of any particular case.                                          
                                                                               
 REPRESENTATIVE ROKEBERG mentioned Texas or the border states in               
 particular, where schools have been required to teach the Spanish             
 language as either a primary or fully bilingual basis.                        
                                                                               
 MR. TORREON said one thing to understand with regard to bilingual             
 education when it refers to Spanish in particular or a couple of              
 the other ethnic languages in Texas, California or Arizona, those             
 programs are fully mandated.  The grant program is mandated at the            
 federal level.  There is no question of funding, there has been no            
 question of participation and no question of efficacy on those                
 programs.  They are occurring and it's a $12 billion program at the           
 federal and local levels.                                                     
                                                                               
 Number 533                                                                    
                                                                               
 REPRESENTATIVE BRICE asked Mr. Torreon to explain the U.S. English            
 organization and asked if he represented areas other than Alaska.             
                                                                               
 MR. TORREON summarized that U.S. English is a national nonprofit              
 organization with 657,000 people.  In Alaska, he represents the               
 nearly 2,000 Alaskan residents who live in Alaska and want this               
 legislation.  His area includes basically all the states in the               
 West, with the exception of California.  U.S. English was founded             
 by an immigrant, Senator Sam Hayakawa, and is currently chaired by            
 an immigrant of Chilean descent who speaks five languages.  Mr.               
 Torreon observed that when Marcos was in power in the Philippines,            
 many people asked why he was never overthrown since he had been a             
 dictator for 20 years and was hated by everyone.  He explained                
 there are five major dialects in the Philippines, and because the             
 people all spoke different languages, there was no unity.  Only               
 with the use of English were the dialects able to communicate, and            
 with people power, Marcos was overthrown.  He noted that unity is             
 the key behind this issue and unity is the bill.                              
                                                                               
 Number 642                                                                    
                                                                               
 LYNN STIMLER, Executive Director, American Civil Liberties Union              
 (ACLU) of Alaska, testified from Anchorage via teleconference.  The           
 ACLU believes that HB 512 is both unnecessary and unconstitutional            
 under the Alaska Constitution and the U.S. Constitution.  It is the           
 belief of the ACLU that English only laws, laws that make English             
 the official or common language and particularly this law that is             
 restricting government's use of languages other than English in               
 communication and delivering service to non-English speaking                  
 Americans, violates the constitution.  This bill appears simple,              
 but she warned not to let its appearance be deceiving.  This bill             
 systemically limits the access of language minorities to                      
 governmental services and is constitutionally suspect because 1)              
 language discrimination is the functional equivalent to national              
 origin discrimination; and 2) language minorities are a prime                 
 example of a "discreet and insular minority" under United States v.          
 Caroline Products Company and the Supreme Court has held that they           
 deserve heightened judicial protection under the equal protection             
 clause.  She noted that in 1991, the Supreme Court observed "It may           
 well be for certain ethnic groups and in some communities that                
 proficiency in a particular language, like skin color, should be              
 treated as surrogate for race under an equal protection analysis."            
 That case, Hernandez v. New York, is saying that national origin            
 discrimination like race discrimination is considered inherently              
 suspect under equal protection principals.  She pointed out a                 
 recent Ninth Circuit Court of Appeals case which struck down                  
 Arizona's official English law.  The Court of Appeals felt the                
 government's use of languages other than English in communicating             
 with limited English proficient residents increased rather than               
 decreased efficiency and that a law broadly prohibiting the use of            
 different languages served no significant government interests.               
 She said that came out on October 5, 1995, and it had gone up once            
 before and the earlier cite was 42 F3rd p 1217.  She shepardized              
 it, "Barring the government from communicating with non-English               
 speaking citizens in their language will result in                            
 miscommunications and hinder the implementation of government                 
 policies in Alaska, such as enforcing hunting regulations,                    
 promulgating rules of the National Resources Agency."  In                     
 conclusion, Ms. Stimler said the Alaska Supreme Court holding, hel        
 that our surrealistic society is clouded in such basic values as              
 the preservation of maximum individual choice, protection of                  
 minority sentiments and appreciation of divergent lifestyles.  She            
 said the ACLU urged the committee to look behind the simple                   
 language of this bill and consider whether the state really wants             
 to endorse a common language and whether that will help our multi-            
 racial, multi-cultural system.                                                
                                                                               
 CO-CHAIR BUNDE said there were 22 other states that had similar               
 laws and asked Ms. Stimler if they had all been struck down by the            
 U.S. Supreme Court or if they were valid laws.                                
                                                                               
 MS. STIMLER responded she would be happy to research it and get               
 back to the committee.  She said the arguments are First Amendment            
 rights of the non-English speaking citizens.  Also, the First                 
 Amendment rights of the government officials have been analyzed and           
 a new area that is starting to be looked at is the equal protection           
 analysis where they hold that language is one of the ways that                
 people's racial identities are most identified.                               
                                                                               
 CO-CHAIR TOOHEY said it was her belief that people come to America            
 to become Americans and to take advantage of what is being offered            
 as Americans, part of which is to be had under the English                    
 language.  She felt strongly that making English the common                   
 language is the right thing to do.                                            
                                                                               
 Number 946                                                                    
                                                                               
 MR. TORREON said of the 22 laws that are on the books, some since           
 1812, none of them have been struck down and only Arizona is in               
 litigation.  He furnished the committee with some background                  
 information on where Arizona is and why it is where it is.  He said           
 Arizona started as an initiative by a group of individuals.  After            
 it was drafted and put on the ballot, U.S. English got involved and           
 helped with some of the marketing and other various things.  The              
 initiative passed by over 50 percent by the people of Arizona, was            
 reaffirmed by the Attorney General's Office, and was upheld after             
 a challenge by the state Supreme Court of Arizona.  Only when it              
 was brought to a circuit court, which has one of the highest                  
 turnover rates in the Nation, was it overturned by a 2 to 1 vote.             
 It was then by the circuit court head judge called a very unusual             
 (indisc.) hearing, which means they wanted a review with a panel              
 larger than the three judges.  He said the people of Arizona have             
 spoken, the Attorney General's Office has supported the people, the           
 state Supreme Court of Arizona has supported the people, but a                
 federal court is trying to infringe on the sovereignty of the                 
 state.  Following the 2 to 1 vote, the head judge of the circuit              
 court had another vote, which unfortunately we lost 8 to 6 and it's           
 going to the Supreme Court.  As far as being broad, the ruling from           
 the circuit court didn't say you can't make English as the official           
 language (indisc.); what it did say is that Arizona's language in             
 the initiative could be tightened a little bit so it wouldn't                 
 inflict First Amendment rights.                                               
                                                                               
 Number 1074                                                                   
                                                                               
 DOROTHY SHOCKLEY testified via teleconference from Fairbanks in               
 opposition to HB 512.  Her first reaction to the legislation was              
 anger and she finds it offensive.  She believes that if a language            
 is going to be recognized in Alaska, it should be the indigenous              
 languages that were in the state first.  She saw no need to make              
 English the common language and to officially recognize it.  With             
 regard to the 2,000 people that support HB 512, she commented there           
 are over 83,000 Alaska Native people in Alaska who would like to              
 have their languages recognized, also.                                        
                                                                               
 MALINDA CHASE testified from Fairbanks in opposition to HB 512.               
 She pointed out she is a resident of Fairbanks but her father's               
 family is from the village of Anvik on the Yukon River.  She noted            
 that her grandmother was raised in a mission, and to this day, Ms.            
 Chase hears stories about her grandmother's experiences of not                
 being able to speak her own Native language at the mission.  Her              
 grandmother still feels mixed up about languages and she represents           
 a large number of elders in the village.  What comes to mind for              
 Ms. Chase is that the institution is trying to dictate personal               
 self-expression, as well as group self-expression and identity.               
 Once again, the government is telling people they don't have the              
 power to express themselves in the way that is most comfortable,              
 adequate or to the best of their ability.  She echoed                         
 Representative Robinson's question regarding the purpose of this              
 legislation.                                                                  
                                                                               
 Number 1311                                                                   
                                                                               
 ELEANOR LAUGHLIN testified via teleconference that she is                     
 originally from the village of Nulato and strongly opposes HB 512.            
 She said the state of Alaska has a diversity of ethnic languages as           
 well as speakers whose first language is not English.  This                   
 legislation would deny those people their right to use their Native           
 tongue to testify at public meetings and would adversely restrict             
 the rights of many village elders.  Also, it would deny a public              
 employee who speaks another language the right to explain to                  
 his/her constituents issues that are of concern to them.  This bill           
 is very dangerous and if passed could be open to interpretation               
 that could eventually be harmful to all speakers of another                   
 language.  Ms. Laughlin said this bill has connotations of the                
 concept of eminent domain and she is strongly opposed to it.                  
                                                                               
 Number 1390                                                                   
                                                                               
 NASTASIA WAHLBERG presented a portion of her testimony in Yupik.              
 She testified that she was expressing that she has the freedom to             
 speak publicly in her own language.  She said right now they have             
 the freedom, but this legislation would restrict her rights.  She             
 read the following prepared statement:  "This bill, however                   
 carefully worded to avoid conflicts to any existing programs,                 
 businesses, public safety or health, or for individuals providing             
 translators, infringes on our inalienable rights of freedom of                
 speech.                                                                       
                                                                               
 "Based on the premises that we as a people of different ethnic                
 backgrounds, deserve the right to speak in any language we want               
 without being restricted in open public forums.  We have the                  
 opportunity to use translators for that in place.                             
                                                                               
 "In reviewing the section of Freedom of Speech in the encyclopedia            
 of the American Constitution, I found some areas that need to be              
 brought before the state and this committee.  Various quotes read             
 as follows:  `Congress shall make no law...abridging the freedom of           
 speech, or of the press, or the right of the people peaceably to              
 assemble, and to petition the government for a redress of                     
 grievances.'  That means that the state should not abridge the                
 freedom of thought and communication, which are integral to our               
 individual rights.  The fundamental values are `essential to the              
 development of the individual personality.  The right to express              
 oneself and to communicate with others is central to the                      
 realization of one's character and potentiality as a human being.             
 Conversely, suppression of thought or opinion is an affront to a              
 person's dignity and integrity.  In this respect freedom of speech            
 is an end in itself, not simply an instrument to attain other ends.           
 As such it is not necessarily subordinate to other goals of the               
 society.'  My interpretation of that is that we, as individuals               
 when speaking in our own native tongues do characterize who we are,           
 where we come from, and how we choose to speak.   However HB 512 is           
 worded, on the overall, cannot and should not be used as an                   
 instrument to control and restrict speech because it infringes on             
 our individual character as a people who speak other than English.            
                                                                               
 "The way to do that is to be accepted and respected for speaking in           
 our own native tongue.  We must live with our diversities of                  
 language and cultures and be willing to tolerate each other.  Using           
 English only is a way to control and restrict the use of language             
 and character."                                                               
                                                                               
 Number 1655                                                                   
                                                                               
 REPRESENTATIVE KOTT said in response to the last testifier, it                
 seems that people are not dealing with the facts, but rather                  
 emotions.  He reiterated this bill does nothing that is not                   
 currently being done.  Native tongues can be used, an interpreter             
 can be used and minutes will be recorded in English, as these will            
 be.  There is nothing restricting the use of native tongues.                  
                                                                               
 Number 1680                                                                   
                                                                               
 REVA SHIRCEL, Director, Education Department, Tanana Chiefs                   
 Conference (TCC), testified from Fairbanks that she is puzzled by             
 the introduction of this bill.  She questioned the intent of the              
 legislation and what needs to be fixed.  She said the Tanana Chiefs           
 Conference is committed to the preservation and enhancement of the            
 11 Athabascan languages within their region and they consider the             
 introduction of HB 512 to be premature because there has not been             
 thorough legislative discussion on the preservation and enhancement           
 of their indigenous languages.  House Bill 512 is inconsistent with           
 what has tried to be done through the linguistic and cultural                 
 activities.  She noted that last year during the legislative                  
 session, Tanana Chiefs Conference testified on SB 32 and HB 160,              
 companion bills introduced by Senator Lincoln and Representative              
 Nicholia respectively, for native languages to be taught in the               
 school.  With reference to the preservation and enhancement of the            
 Athabascan language and cultural, their direction comes from the              
 elders who have stated consistently that respect and adherence to             
 traditional culture and values are an important part of the                   
 equation which allows Native people within the TCC region to be               
 able to develop and maintain their self-esteem.  The Tanana Chiefs            
 Conference also supported HB 167 which was introduced by                      
 Representative Nicholia to support the main streaming of the Alaska           
 Native languages, culture and history into the school because there           
 is a need for all Alaskans, regardless of who we are and where we             
 come from, to recognize diversity, to promote and preserve cultural           
 heritage and to ensure access to the rich legacy of our American              
 ancestors to all students.  In conclusion, Tanana Chiefs Conference           
 is urging that HB 512 not be passed.                                          
                                                                               
 TAPE 96-17, SIDE A                                                            
 Number 008                                                                    
                                                                               
 MISHAL TOOYAK GAEDE testified from Fairbanks that she is opposed to           
 HB 512.  She said this legislation requests that records accepted             
 by a state agency for recording or filing must be in English.  She            
 noted that her mother attended BIA schools less than 40 years ago             
 and was punished, shamed and humiliated for speaking Inupiat.  She            
 said her name is Inupiat and if this bill was adopted and enforced,           
 she would not be able to even state her name and where she                    
 originated from.  She asked how this impacts public records?  Her             
 Inupiat name cannot be translated into English because English is             
 not common enough to include Inupiat thought, expression or                   
 description.  What happens when an elder is giving testimony at a             
 public meeting on subsistence matters?  This legislation states the           
 elders would be required to a) translate and b) transcribe their              
 testimony into English.  This is not a simple bill; it impacts                
 blatantly and discriminately.                                                 
                                                                               
 Number 159                                                                    
                                                                               
 VERNON MARSHALL, Executive Director, NEA-Alaska, testified that               
 NEA-Alaska wishes to express concern regarding HB 512.  First, they           
 questioned the need for the measure as introduced.  For example,              
 Section 2 of the bill would add a new section to Alaska statutes              
 declaring that the official language of the state is English.  He             
 commented if that declaration reflects the way Alaskans write and             
 talk, then there is no need for a statute, because English is                 
 already the language used by most of us.  If that declaration is              
 meant to change the way Alaskans write and talk, it is useless.               
 Changing the language of any population is not something that can             
 take place with a simple statutory fiat.  Language emerges from the           
 way people live in their homes, their community halls, their work             
 places and their recreational activities.                                     
                                                                               
 MR. MARSHALL continued that second, NEA is concerned that this bill           
 will be perceived, however innocent the intentions of the sponsors            
 may be, as just another stroke or gesture by the English-speaking             
 majority against minorities whose primary languages may be other              
 than English.  This concern is heightened because of the historical           
 context in which the bill arises, for we recall how a similar                 
 proposal in California was the cause of divisiveness and bad                  
 feelings.                                                                     
                                                                               
 MR. MARSHALL said third, NEA is concerned that HB 512, as                     
 presented, could operate to repeal Alaska's bilingual education               
 program through an oblique or "back door" approach.  In looking at            
 the bill, whether Alaska would have bilingual education should                
 always be a policy question for us Alaskans to decide for                     
 ourselves.  But under HB 512, the Congress and President of the               
 United States might repeal authorization under federal law for                
 bilingual education and, by doing so, terminate bilingual education           
 or activities in Alaska as well.   If there is a desire to debate             
 bilingual education, then let us have a straightforward vehicle for           
 that debate, not an oblique clause in a bill touted as establishing           
 English as the common language and applying to public records and             
 public meetings.                                                              
                                                                               
 MR. MARSHALL said NEA-Alaska is not aware of any problem in Alaska            
 that requires enactment of HB 512.  If there are public meetings in           
 Alaska at which English speakers cannot participate because the               
 meetings are held in other tongues, NEA does not know about them.             
                                                                               
 MR. MARSHALL said fifth, HB 512 sows the seeds of confusion.  For             
 example, would it be permissible to use public funds to engage a              
 translator at a public meeting attended by persons not fluent in              
 English?  Would a signer, made available to hearing impaired                  
 Alaskans, be considered to be an English speaker, or would the                
 employment of the signer raise the contention that HB 512 had been            
 violated?  How do the bill's findings, particularly in items 1 and            
 2 connect with the balance of the bill?  Would the bill prohibit a            
 bilingual teacher in his/her role as a teacher from talking to a              
 parent in a non-English language since the exemption applies to               
 bilingual education activities authorized under the federal law?              
                                                                               
 MR. MARSHALL stated in sum, NEA believes legislation should be                
 passed, when needed, to solve real problems.  They suspect that               
 declarations about language from political bodies will achieve                
 little to change language patterns in real life.  At a time when so           
 many forces want to divide us Americans and us Alaskans, a measure            
 that could be viewed as an affront to some of our fellow citizens             
 should not be enacted.                                                        
                                                                               
 Number 473                                                                    
                                                                               
 CO-CHAIR TOOHEY said she shared Mr. Marshall's concern and                    
 explained they are all reticent to step out because of that                   
 concern.  She asked how this issue has been dealt with in states              
 like Arkansas, Colorado, California, Hawaii, Tennessee, North                 
 Dakota, etc., that all have Native populations.                               
                                                                               
 MR. TORREON said the interesting thing about this piece of                    
 legislation is that in 1995, South Dakota, Montana and New                    
 Hampshire all passed this legislation; no constitutional challenges           
 and no problems.  He pointed out that Montana and South Dakota have           
 Indian tribes, and New Hampshire has a large French population who            
 speak only French.  He said in each of those cases, the legislation           
 is designed not to exclude anyone or to force anyone to do                    
 anything.  For example, in New Hampshire there was a specific                 
 clause which said that international trade dealing with French-               
 speaking Canada would be exempted.  He commented that in HB 512,              
 there are very specific and broad exemptions to deal with critical            
 services; e.g., hospitals, police, etc., so that any critical                 
 service is not affecting the access to the person.  This                      
 legislation is not trying to single anyone out, but rather to                 
 create a policy that everyone can abide by; not just the tribes,              
 but everyone.                                                                 
                                                                               
 CO-CHAIR BUNDE said he was aware of official Fish and Game meetings           
 held in rural areas that were conducted in native languages and the           
 English-speaking people certainly didn't understand.                          
                                                                               
 Number 725                                                                    
                                                                               
 REPRESENTATIVE BRICE asked where all the forms and documents in the           
 various different languages are?  He has not seen them in the                 
 schools or government agencies in his district.                               
                                                                               
 MR. MARSHALL said he was aware of the need for bilingual education.           
 He referenced page 1, line 16, and said what happens if bilingual             
 education is struck down on the federal level, is we in effect have           
 struck down bilingual education in Alaska because it is authorized            
 under federal law.   NEA-Alaska has a problem with that; they feel            
 there is a very real service and benefit that is provided those               
 persons who are educated in the classrooms that need and get great            
 benefit from bilingual education.  He pointed out page 2, line 6,             
 says that meetings of a state agency that are open to the public              
 shall be conducted in English and asked if there are meetings                 
 conducted in a Native language, does that change this particular              
 provision.  He questioned if the exclusions were in conflict with             
 very clear statements that are included in the body of the draft.             
 In answer to Representative Brice's question, he said he didn't               
 know where these forms were or how much money was being spent to              
 develop forms in a particular language.                                       
                                                                               
 Number 900                                                                    
                                                                               
 SAM KITO, JR., testified that one of the issues he wanted to raise            
 before the committee is that the sponsors had initiated dialogue              
 and communication with Native organizations in the state.  He noted           
 there are diverse cultural communities - 11 Athabascan languages,             
 a number of Yupik dialects, a number of Inupiat dialects, Simsean,            
 Haida, Tlingit, Filipino, Japanese, Chinese, Jewish, etc., all                
 residing in Alaska.  If a meeting was to take place between an                
 Athabascan and a Tlingit who spoke their own language, how would              
 communicate?  It wouldn't be in Athabascan or Tlingit, but they               
 would find a common language to communicate with each other.  He              
 believes there is a common language in the state of Alaska used to            
 communicate - that common language is English.  He noted that first           
 and foremost, people should be able to communicate in a language of           
 the community where they are going to get their education.                    
                                                                               
 MR. KITO said secondly, there has been dialogue with organizations            
 regarding the Findings Section and the ability for communities of             
 interest to speak their own language.  If there's a concern with              
 language "being authorized by federal", it can be amended to say              
 state.  There is no interference in the ability for communities to            
 have bilingual education.  They can tax themselves in order to                
 provide the funds for bilingual education in their communities, and           
 there isn't anything that says the state cannot provide funds to              
 teach bilingual education.  There is nothing that stops individuals           
 in those communities of interest from learning how to speak the               
 tongue they were raised in.  He stated that when it's taken to the            
 next step, no matter how proficient you become, when you talk to              
 someone else who speaks another language and you don't speak that             
 language, you look for something common.  In the Philippines for              
 example, there is a common language among all the dialects and that           
 common language is English.  He indicated that if people are going            
 to communicate better, then we in the educational system should               
 find a commonality for those people to communicate with each other.           
 He questioned whether we are going to diversify ourselves so much             
 that when we get into a room, nobody communicates with anybody.               
 Right now everybody is communicating in the English language and              
 when you can't communicate in the English language, there is                  
 authorization to use translators, which is being done now.  He                
 remarked that he was the Executive Vice President of the Tanana               
 Chiefs Conference and said when 11 different cultures or dialects             
 were in a room they did not hire 11 different translators.  They              
 communicated in the English language and those individuals who                
 wanted to use their own tongue had a translator and the translation           
 was put into the record in the English language.                              
                                                                               
 MR. KITO noted the accomplishments in the Findings Section and                
 suggested communities of interest in the Native community                     
 read them one by one.  He pointed out that Article 5 states "The              
 official language of the state is English.  Meetings of a state               
 agency that are open to the public shall be conducted in English.             
 Except during a public meeting, this section does not prohibit an             
 officer or an employee of a state agency from orally using a                  
 language other than English in the scope of employment."                      
                                                                               
 MR. KITO said bilingual education is not going to go away.  Local             
 communities of interest will still have the opportunity to do it.             
 He noted that the Jewish community, which is a small minority group           
 in the United States, kept their language because their students              
 went to school on Saturdays.  That's how they taught themselves to            
 communicate in Yiddish.  Mr. Kito concluded that in his opinion no            
 one is being discriminated against.  Communities of interest were             
 given an input into the Findings Section and had the opportunity to           
 look at the Exemptions.  He admitted there is some additional work            
 that needs to be done, but people are being brought to the table to           
 reach a solution.                                                             
                                                                               
 Number 1370                                                                   
                                                                               
 CO-CHAIR BUNDE announced that HB 512 would be held for an                     
 additional hearing.                                                           
                                                                               
 REPRESENTATIVE ROKEBERG moved to adopted CSHB 512, Work Draft 9-              
 LS1700\F, 2/27/96.  Hearing no objection, it was so ordered.                  
                                                                               
 REPRESENTATIVE ROBINSON said she was curious about the number of              
 states that ended up appealing the law and what the cost was to the           
 state.                                                                        
                                                                               
 CO-CHAIR BUNDE said he understood the concern about the cultural              
 issues and the domination by major English.  He mentioned the need            
 for the International Air Traffic Control System to have a common             
 language, and that language happens to be English.  Co-Chair Bunde            
 said he would make every attempt to invite all interested parties             
 to participate in the hearings on HB 512.                                     

Document Name Date/Time Subjects