Legislature(1995 - 1996)
03/19/1996 02:09 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 512 - ENGLISH AS THE COMMON LANGUAGE CO-CHAIR BUNDE announced that the next item on the agenda was HB 512, an act establishing English as the common language and related to the use of English in public records and at public meetings of state agencies. Number 1591 ROGER POPPE, Legislative Aide to Representative Kott, said changes were made to HB 512 and are now incorporated in CSHB 512, version 9-LS1700\G. He believed that once the CSHB 512 version was incorporated into the Basis System, it would remove concerns from the rural areas of the state regarding this legislation. He referred to page three, line nine, and said that language was deleted to avoid confusion surrounding a native corporation. The inserted new language was "of the state". MR. POPPE said, when drafting HB 512, Representative Kott operated under the assumption that there wasn't any activity at the local level that was conducted in other languages. He said upon receiving new information that there are some rural areas conducting all or part of their meetings in native language, the CSHB 512 was changed so that it does not try to force them to change that practice. He said this substantive change of CSHB 512 is located on page two, lines 11 through 13, Section B, "where it says a municipality may by ordinance or resolution elect not to be subject to (a) of this section. In other words a municipal school district or regional educational attendance area may, by vote of the school board, elect not to be subject to (a) of this section, which in essence is "the whole bill." Number 1733 IRMA MIRELES read from a statement, "I'm fourth generation American of Mexican descent, bilingual in English and Spanish. As a member of the Hispanic community and a member of the state advisory committee to the U.S. Commission on Civil Rights, I appreciate the opportunity to submit this statement strongly opposing the proposed HB 512 `an act establishing English as the official language...' We, Hispanics, have a long history of patriotism and honor being in this country and proudly serving in many capacities including the military, since before the Civil War, in spite of years of racism inflicted on us. Hispanic names are well engraved in Alaska's history and geography, and, in Alaska, Spanish is the second most commonly spoken language next to Yupik. We are one of the fastest growing population and in Juneau, we number about 1,500 and contribute with sweat of our brow, taxes and votes. We have strong family values and encourage our children to learn English and be valuable citizens by being bilingual. An English only law can lead to a stigma, embarrassing our children into believing they are second-class citizens when speaking Spanish. This bill claims that bilingual education would be protected. Did you know that U.S. English, the real sponsors of this bill, in their action program state, `Restriction of government funding for bilingual education to short-term program only'? We have a little bit of protection here since Alaska statute does protect it under Article 6. In 1926, Alaska passed a literacy law as a requirement for voting. The intent of this law was to keep Alaska Natives from voting. Today, you have HB 512. Again, U.S. English in their action program state, `Repeal laws mandating multilingual ballots and voting materials.' This bill would open the door for similar laws and would be a proponent of racism. Two of Alaska's biggest industries are tourism and trade with foreign countries like Russia and Japan. For the Alaska Visitor Statistics Program, tourist spent over $685.4 million in goods and services, of this approximately $400 million are from foreign visitors. It makes no sense to pass this law declaring foreign languages unwelcome in Alaska. In fact, this proposed law would amount to the state of Alaska sanctioning bigotry. The National Education Association (NEA) has stated, `An English only law would make it more difficult for schools to prepare students for America's jobs of the future.' Remember, during this information era, technology and economic opportunity does not stop within U.S. borders. We must prepare our children for tomorrow, a world of diversity. Per 1990 census, English is spoken by 97 percent of the American people and is universally recognized as `America's Language', yet, at no time in American history has the U.S. had an official national language. Research shows that todays immigrants are learning English faster than previous generations. According to Juneau Adult Basic Education monthly statistics, they have approximately 30 students taking English as a second language on a monthly basis. Also, more than 99.9 percent of federal documents are in English according to General Accounting Office (GOA). You need to take in consideration that such a law leaves the state open for extensive, expensive, divisive and frivolous litigation. There have been several court cases from other states, who have passed an English only laws, and all of those states have been expensive not only for the states but for some of the businesses. And all of those cases have been found unconstitutional. We are a country composed of many cultures and languages. Language diversity is to be celebrated not castigated. Does this proposed bill make me angry? A strong resounding `yes.' It makes me angry and thousands of citizens. This bill not only implies racism but denial of our fifth and fourteenth Amendment freedoms and does not ensure procedural and substantive due process. The U.S. is a country that prides itself in our freedom and this bill would trample on one of our basic rights and that is speech, no matter in what language we choose to express that freedom. English is not an endangered language. We, the people, understand and accept the economic importance of knowing English and do not need a law to force us to learn it. Further, this bill would not unite us, it would only serve to divide us and has the potential of bringing about a great deal of prejudice and you, members of this committee, have it in your power to defeat this racist bill right here. And as the National Association for Bilingual Education states, `American ideals of freedom, democracy and tolerance, not language, have been and will continue to be the bonds that hold America together.' I would like to conclude with a quote from Mexico's first Native American President, Benito Juarez, who said, `El respeto al derecho ajeno es la paz.' Respect for others rights is peace." Number 2158 REPRESENTATIVE ROKEBERG confirmed that Ms. Mireles was on the U.S. Commission for Civil Rights, state advisory committee. He asked, if he voted for HB 512, whether she would consider him a racist. Number 2166 MS. MIRELES said she hoped he was not a racist, but said that it has been proven by the other bills, passed in other states regarding English as the official language, that it is, in fact, racist legislation. Number 2158 REPRESENTATIVE ROKEBERG said he took exception to the testimony by Ms. Mireles. REPRESENTATIVE ROBINSON asked Co-Chair Bunde to read a letter from Nora Marks Dauenhauer, principal researcher, Language and Cultural Studies, Sealaska Heritage Foundation, into the record. CO-CHAIR BUNDE read from the letter, "I oppose HB 512, an act to make English the official language of Alaska. The law is unnecessary and redundant. English is already the common language of communication of Alaska. This bill seems to have its origins in the insecurity and prejudice of some segments of the white community. It seems to come from fears that are absolutely unfounded . Mexican novelist, Carlos Fuentes, suggested to journalist Bill Moyer in an interview that, `When you get a proposition in California to vote the English language as the official language of the state of California, it only means one thing that English is no longer the official language of the state of California.' This is not the case in Alaska. There is no threat to English or any other language. In fact, most Alaska Native languages are in danger of extinction. Native languages have suffered discrimination and persecution under the `English-only' policies of the past, and many schools still, are still reluctant to include Alaska Native language and cultural instruction in the curriculum. This bill is certainly an affront to the dignity and status of Alaska Native languages. The bill also looks like a new threat to the survival of Alaska Native languages. The bill serves no practical purpose. It is symbolic and divisive. I fear that it may generate or support anti-Native language emotion and activity in the future, and that it may become the legal basis or precedents for laws or policies against Alaska Native languages in the future. We need the support of the Alaska State Legislature to protect the rights and ethnic heritage of all citizens, and not pass discriminatory..." TAPE 96-30, SIDE A Number 0000 CO-CHAIR BUNDE continued reading from the letter, "...legislation directed against Alaska Native people and their heritage." REPRESENTATIVE ROBINSON made a motion to adopt Amendment 1 to HB 512. She said Amendment 1 inserts, "and the languages of Natives peoples indigenous to the state." She developed Amendment 1 based on a Hawaiian model where English and Hawaiian are official languages of the state. She said she was going to name each Native language, but was advised by the drafters that adding the language of Native people was the correct use of language for the amendment. She wanted to clarify that the languages include; Aleutian, Eskimo, Tsimshiann, Tlingit, Haida, Yupik and Anthabaskan languages. The rest of Amendment 1 brings unity within the language of HB 512. CO-CHAIR BUNDE asked if the title of HB 512 would read, "Establish English and the languages of Native people indigenous to this state as the official language and relating to the use of English then in public records and at public meetings." He clarified that the official languages are English and Native languages, but English would remain as the official written language. Number 0167 REPRESENTATIVE BRICE said the second part of the proposed Amendment 1, page one, line two, "English" is deleted, and "the common languages" is inserted. CO-CHAIR BUNDE asked if this is a challenge where we have languages that are oral and not written. He then asked if Yupik were a written language. Number 0198 REPRESENTATIVE ROBINSON confirmed that Yupik is a written language. She said Amendment 1 brings in the Native languages and allows them to be used. Number 0211 CO-CHAIR TOOHEY referred back to Ms. Mireles testimony and said the reason for HB 512 is to say that the official paperwork of the state of Alaska will be in English. The bill does not say that Spanish, Gaelic or Yupik cannot be taught. She referred to the proposed Amendment 1 and said this language would cause meetings to be recorded in English and Yupik. Number 0289 REPRESENTATIVE ROBINSON said Amendment 1 only states that English and Native languages are the official languages. Number 0289 CO-CHAIR BUNDE clarified that the proposed Amendment 1 does not address Spanish, German or the dialects of Filipino. Number 0317 REPRESENTATIVE ROBINSON referred to another bill, regarding the pioneers of Alaska and said that this bill was modified to recognize Natives and pioneers, as the bill drafters recognized that Native people were here before white settlers. She said Amendment 1 recognizes that Native languages were the existing languages. She said the pioneers of Alaska did have the foresight of the Hawaiians to put the acknowledgement of Natives into the constitution. Number 0358 REPRESENTATIVE ROBINSON referred to a resolution from AFN which states that they are against HB 512 and added that Amendment 1 might disperse some of their concerns. Number 0384 REPRESENTATIVE GARY DAVIS asked for clarification about the use of other languages in documents and written materials. Number 0407 REPRESENTATIVE ROBINSON said the written materials could be in either of the languages, that they did not have to be in all of the languages. Number 0422 CO-CHAIR TOOHEY commented that the proposed Amendment 1 would leave out languages such as Spanish. REPRESENTATIVE ROBINSON stated that she did not support HB 512, just that she was proposing this change to the bill. Number 0439 MR. POPPE said that as a result of the proposed Amendment 1, it would end up requiring, potentially, all documents in Alaska to be interpreted and published in 28 languages. He said, because of this fact, he believed the sponsor would be opposed to the proposed Amendment 1. He said HB 512 does try to take into consideration that Native languages did exist in Alaska first and the bill attempts to incorporate, in the language, accommodations to current practices among Native people. Number 0557 MR. POPPE said, in regards to the opposition of HB 512 by AFN in their October 1995 resolution, the AFN is currently reconsidering this whole issue due information they have received regarding this bill. He referred to the two national organizations that are supporting language activity of this type, U.S. English and English First. He said U.S. English takes a moderate approach and tries to preserve all bilingual activity. English First, as part of their legislation and official approach, is trying to eliminate all bilingual programs at the national and local level as well as intruding into the private sector to have English as the only language. He said English First is more conservative and extreme in its approach than is the sponsor of HB 512. A roll call vote was taken on Amendment 1. Representatives Brice, Robinson voted yea. Representatives G. Davis, Rokeberg, Toohey and Bunde voted nay. Amendment 1 failed to be adopted to HB 512 in the House Standing Committee on Health, Education and Social Services. Number 0622 REPRESENTATIVE ROKEBERG made a motion to move CSHB 512, version G, out of the committee. Number 0714 REPRESENTATIVE BRICE objected to the motion. He said his view of CSHB 512 was tainted, not so much based on the bill's merits, although the merits are frivolous, but by this organization, U.S. English. He questioned the ethics of some of their lobbying efforts and said he resented the misinformation U.S. English presented to this committee and to him personally. He said he could not support HB 512 because it is supported by such an unscrupulous group. Number 0707 CO-CHAIR TOOHEY asked for specific facts. Number 0714 REPRESENTATIVE BRICE said U.S. English told him that Hawaii was one of the states that had English as the official language. He said he was also told, by U.S. English in their presentation to this committee, that you are not required to know English to gain citizenship. He said, upon checking with Immigration and Naturalization Services, he was told that this was not true. REPRESENTATIVE BRICE said that the representative from U.S. English told him that AFN had not taken a stand, and then he found the resolution against HB 512 in the committee packet. He said if the committee is to make decisions on information provided by this organization, he said the committee needed to make sure that they were receiving the proper information. Number 0808 REPRESENTATIVE ROKEBERG said he would be willing to support an amendment, similar to Amendment 1, if it clarified the uses and applications of the languages to a greater degree. Number 0862 REPRESENTATIVE ROBINSON said no one has convinced her that there is any problem in the state of Alaska that requires this piece of legislation. She said HB 512 has been divisive and has caused the Native constituents in her district to feel that their Native languages are rejected. She said AFN might change their position, but added that the only resolution currently is that AFN opposes HB 512. She wanted to recognize that all of us are racist, and to recognize that fact, allows for healing. She said the people who try not to be a racist, find themselves being racist. She said it is a constant education process that we have to work on and understand when and where we cross that barrier. Number 0940 CO-CHAIR BUNDE suggested that the word, "ethnocentric" be used, rather than the word, "racist." He said we are, to varying degrees, ethnocentric. He said, as someone who studied psycholinguistics, the common language is the one thing that has kept this nation from fragmenting. He said we need a common language, but questioned what was "broken" in Alaska. He said he would have less hesitation to support HB 512 if there had not been the history of suppressing other languages in the education system. He said we are more enlightened now, and reiterated that we need a common language. A roll call vote was taken on CSHB 512, version G. Representatives G. Davis, Rokeberg and Toohey voted yea. Representatives Brice, Robinson and Bunde voted nay. CSHB 512 failed to be moved from the House Standing Committee on Health, Education and Social Services. HB 512 - ENGLISH AS THE COMMON LANGUAGE Number 0435 REPRESENTATIVE ROKEBERG made a motion to rescind the committee's action on "HB 512." Number 0450 A roll call vote was taken on whether to rescind the action of the committee on "HB 512." Representatives G. Davis, Rokeberg, Vezey, Toohey and Bunde voted yea. Representatives Brice and Robinson voted nay. The committee action on HB 512 was rescinded by the House Standing Committee on Health, Education and Social Services. Number 0500 REPRESENTATIVE ROKEBERG made a motion to move "HB 512 with attached fiscal notes and individual recommendations." A roll call vote was taken on "HB 512." Representatives Rokeberg, G. Davis, Vezey and Toohey voted yea. Representatives Brice, Robinson and Bunde voted nay. "HB 512" was moved from the House Standing Committee on Health, Education and Social Services.
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