Legislature(2011 - 2012)CAPITOL 106

02/16/2012 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 89 LEGISLATIVE ETHICS ACT TELECONFERENCED
Heard & Held
*+ HB 254 ALASKA NATIVE LANGUAGE COUNCIL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
             HB 254-ALASKA NATIVE LANGUAGE COUNCIL                                                                          
                                                                                                                                
[Contains brief mention of SB 130.]                                                                                             
                                                                                                                                
9:19:58 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL NO.  254, "An  Act establishing  the Alaska  Native Language                                                               
Preservation   and  Advisory   Council   and   relating  to   the                                                               
preservation,  restoration, and  revitalization of  Alaska Native                                                               
languages."                                                                                                                     
                                                                                                                                
9:20:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK,  Alaska State Legislature, presented  HB 254                                                               
as joint prime sponsor.  He  said his wife is the youngest fluent                                                               
speaker of the  Dena'ina dialect of the  Athabascan Language, and                                                               
she is  66.  He  said three years prior  to coming to  Juneau, he                                                               
administered  an   endangered  language  grant  for   the  Alaska                                                               
Heritage  Center.   He related  that he  and his  wife have  done                                                               
video  documentation   and  have   attempted  to  come   up  with                                                               
strategies  to help  preserve the  numerous  languages of  Native                                                               
Alaskans.   He  talked  about the  complexity  of the  Athabascan                                                               
Language,  and  indicated  that  he   knows  some  of  the  Yupik                                                               
language.   He talked  about the frequent  use of  onomatopoeia -                                                               
where the words sounds like the things they reference.                                                                          
                                                                                                                                
9:25:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK stated  that in the past,  Native people were                                                               
beaten  for speaking  their  language.   He  said  that does  not                                                               
happen any longer; however, he  related that when the legislature                                                               
announced that  English was  the official  language of  Alaska, a                                                               
Native friend of  his said that hurt.  He  said the assumption is                                                               
still being  made that "everybody either  is like us or  wants to                                                               
be like us,"  when there are unique people across  the state.  He                                                               
said the bill  is calling for a respectful dialogue.   He said he                                                               
thinks [the  University of  Alaska] is doing  a fantastic  job in                                                               
preserving the  languages, but  not in  revitalizing [the  use of                                                               
those languages].                                                                                                               
                                                                                                                                
9:28:41 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  noted that  many languages  have become  extinct over                                                               
the years,  and he asked,  "How does  that relate to  what you're                                                               
trying to do here?"                                                                                                             
                                                                                                                                
9:29:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  talked about the Jewish  people not speaking                                                               
their language  for a  long time  and bringing  it back,  and the                                                               
Irish people  realizing that Gaelic was  a part of who  they were                                                               
and making a concerted effort to  bring it back.  He related that                                                               
a Frenchman  single-handedly revived the Eyak  Language - thought                                                               
to be  extinct - and  is developing  lessons for those  in Alaska                                                               
for whom  that language is  there heritage.   Representative Dick                                                               
said the proposed bill does not  have a huge fiscal note, because                                                               
it does  not mandate curriculum  in schools; however,  passage of                                                               
HB  254  would   send  the  message  that   "we"  accept  partial                                                               
responsibility  for   the  disappearance  of  many   of  Alaska's                                                               
languages.   He  stated his  belief that  even those  who do  not                                                               
speak the languages  would benefit from the dialogue  that HB 254                                                               
would bring about.                                                                                                              
                                                                                                                                
9:32:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention  to language  on page                                                               
2, beginning  on line 17 through  line 21, which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
          In appointing the nonvoting members of the                                                                            
     council, the  president of the  senate and  the speaker                                                                    
     of the house of  representatives shall appoint a member                                                                    
     of the bush  caucus, if a bush caucus exists.   In this                                                                    
     subsection, "bush caucus" means  a group of legislators                                                                    
     that represents rural areas of the state.                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he thinks  the language  should be                                                               
deleted,  because  there  are  members  of  the  legislature  who                                                               
started out  in rural  areas and  moved to  urban areas  and vice                                                               
versa, and  the President of  the Senate  and the Speaker  of the                                                               
House  should   have  the  ability   to  select  anyone   of  the                                                               
legislative members based on who is best for the position.                                                                      
                                                                                                                                
REPRESENTATIVE  JOHANSEN   pointed  to  the  first   sentence  of                                                               
subsection (c), on page 2, lines 13-15, which read as follows:                                                                  
                                                                                                                                
               (c) The governor shall appoint to the                                                                            
     council  established   in  this  section   five  voting                                                                    
     members who  are professional language experts  and who                                                                    
     represent diverse regions of the state.                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he does  not know  whether or  not                                                               
there are  enough language experts  throughout the state  to meet                                                               
that requirement.                                                                                                               
                                                                                                                                
9:34:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  named five  cultural areas  in Alaska:   the                                                               
Tlingit,  Haida,  and  Tsimshian of  Southeast;  Yupik;  Alutiiq;                                                               
Inupiat; and Athabascan.   He stated his  understanding that that                                                               
is  why the  number  five was  chosen for  voting  members to  be                                                               
appointed by the governor.                                                                                                      
                                                                                                                                
9:35:08 AM                                                                                                                    
                                                                                                                                
ANNETTE KREITZER,  Staff, Representative Alan Dick,  Alaska State                                                               
Legislature,  indicated  that  there   is  an  amendment  in  the                                                               
committee  packet  that  may  address  Representative  Johansen's                                                               
concerns by clarifying what a  language expert is.  She suggested                                                               
that  the committee  could wait  to  speak more  directly to  the                                                               
question until the amendment has been moved.                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  indicated  that  the  language  of  the                                                               
aforementioned amendment does not answer his question.                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN  next asked  what efforts have  been made                                                               
by  the  regional  and  village  corporations  regarding  [Native                                                               
languages].                                                                                                                     
                                                                                                                                
9:37:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  said all  the Native  groups in  Alaska have                                                               
had this  dialogue, and HB  254 is a  way to unify  those voices.                                                               
He said even  though the Native people talk to  each other, "it's                                                               
always the outside  world that is ...  passing legislation that's                                                               
communicating something very different."                                                                                        
                                                                                                                                
REPRESENTATIVE   JOHANSEN  talked   about   the  segregation   of                                                               
Caucasians  and   Native  Alaskans   in  the  past,   and  echoed                                                               
Representative Dick's  statement about  the time in  history when                                                               
an entire generation  of Alaska Natives was forced  to speak only                                                               
English.  He said the  government endorsed that through inaction,                                                               
and  he  questioned  implementing  HB  254  through  legislation,                                                               
rather than promoting it through  Native corporations, which "has                                                               
more buy-in from ... the people."                                                                                               
                                                                                                                                
REPRESENTATIVE DICK deferred to those waiting to testify.                                                                       
                                                                                                                                
9:40:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON directed attention  to page 2, lines 30-                                                               
31, which read as follows [original punctuation provided]:                                                                      
                                                                                                                                
          (b) The governor shall make the appointments                                                                          
      required by AS 44.33.530(c), added by sec. 2 of this                                                                      
     Act, on or before December 1, 2012.                                                                                        
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked for  confirmation that  "this is                                                               
going to be ... with  permanent members that don't change, except                                                               
for the legislators."                                                                                                           
                                                                                                                                
MS. KREITZER answered yes.                                                                                                      
                                                                                                                                
9:41:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  commented that  having lived  in another                                                               
culture and attempted  to learn the language,  he understands the                                                               
important  connection between  a language  and its  culture.   He                                                               
expressed  his  hope  that  the  proposed  legislation  gets  the                                                               
intended  results, because  he  said he  thinks  the joint  prime                                                               
sponsor's intention is "well founded and ... from the heart."                                                                   
                                                                                                                                
CHAIR LYNN  questioned how a  person can think  without language,                                                               
and remarked  upon the  varied effects  of different  words, even                                                               
within one language.                                                                                                            
                                                                                                                                
9:43:46 AM                                                                                                                    
                                                                                                                                
MS. KREITZER, in  response to Representative P.  Wilson, said the                                                               
intent of  the proposed [Alaska Native  Language Preservation and                                                               
Advisory Council]  is to view what  is going on around  the state                                                               
and  recommend cost-effective  ways  of supporting  preservation,                                                               
restoration, and revitalization  of languages.  She said  it is a                                                               
concept  that the  council  would more  broadly  define, but  the                                                               
framework for it is clear in HB  254.  In response to a follow-up                                                               
question, she  offered her understanding  that the  council would                                                               
advise the governor and the legislature.                                                                                        
                                                                                                                                
9:48:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHANSEN  pointed   out  that   the  answer   to                                                               
Representative P.  Wilson's question  is in [subsection  (b)], on                                                               
page 2 of the proposed legislation.                                                                                             
                                                                                                                                
REPRESENTATIVE  DICK,  in  response to  Representative  Johansen,                                                               
said the impetus  for the bill came from 45  years of observation                                                               
and many people  who have expressed concern about the  issue.  He                                                               
indicated that the names of those people are on a list.                                                                         
                                                                                                                                
9:49:37 AM                                                                                                                    
                                                                                                                                
DENISE  MORRIS, President/CEO,  First  Alaskans Institute  (FAI),                                                               
testified in support of HB 254.   She mentioned companion bill SB
130.  She said FAI works  to empower the indigenous people of the                                                               
land and  assists in  making decisions  that impact  their lives.                                                               
She stated that FAI believes  the revitalization of Alaska Native                                                               
languages is  integral to "the  restoration of  healthy (indisc.)                                                               
all  Alaskans."   She  asked  that  the legislature  support  the                                                               
creation of the Alaska Native  Language Preservation and Advisory                                                               
Council.    She  talked  about   languages  having  a  home,  and                                                               
contributing to the unique nature of the state.                                                                                 
                                                                                                                                
MS.  MORRIS reported  that  currently there  are  only about  120                                                               
fluent  speakers of  the (indisc.)  language, and  most of  those                                                               
people are over  the age of 65.  She  talked about the connection                                                               
between  language  and  the  land,  and  she  said,  "If  we,  as                                                               
Alaskans,  are  to steward  Alaska  and  our resources  into  the                                                               
future for the  common good and for the benefit  of all Alaskans,                                                               
then the language[s] of Alaska  Native people are crucial to this                                                               
endeavor."   She said the proposed  council will be able  to look                                                               
at  what  has  been,  is   being,  and  should  done,  reorganize                                                               
programs,  and   make  recommendations   to  the   governor,  the                                                               
legislature, and to other organizations  that are also looking to                                                               
revitalize  Alaska  Native languages.    She  stated that  having                                                               
people on  the council  who speak,  teach, and  continually learn                                                               
their  Native   language  and  work  for   the  preservation  and                                                               
revitalization of the  language is crucial to the  success of the                                                               
council.                                                                                                                        
                                                                                                                                
9:53:51 AM                                                                                                                    
                                                                                                                                
MS. MORRIS, regarding  a previous question as  to the involvement                                                               
of Native  corporations, said the Alaska  Native Heritage Center,                                                               
and  regional, village,  and tribal  corporations  have all  been                                                               
involved in some critical way  in keeping Alaska Native languages                                                               
alive.   She said there  are ongoing programs, and  she mentioned                                                               
an annual  conference held  by FAI, where  elders and  youth meet                                                               
for  language  workshops.    In closing,  Ms.  Morris  asked  the                                                               
legislature  to  appropriate  money  for  the  establishment  and                                                               
ongoing activities of the council and to support HB 254.                                                                        
                                                                                                                                
9:55:42 AM                                                                                                                    
                                                                                                                                
ANNETTE  EVANS  SMITH,   President/CEO,  Alaska  Native  Heritage                                                               
Center  (ANHC),  testified in  support  of  HB  254.   She  first                                                               
introduced herself  speaking both  Yupik and  Koyukon Athabascan.                                                               
She said her  mother is from South Naknek and  her father is from                                                               
Rampart,  on  the Yukon  River.    She  stated that  many  people                                                               
believe  that  the  "DNA"  of one's  culture  exists  within  the                                                               
language  of that  culture, and  with the  loss of  that language                                                               
comes the  loss of a vast  amount of traditional knowledge.   She                                                               
said [Alaska Native]  languages tell the story of  Alaska, and it                                                               
is critical to take proactive  measures immediately to strengthen                                                               
[Alaska Native]  languages, while  those who speak  the languages                                                               
are still  alive and the  interest in revitalizing  the languages                                                               
is strong.                                                                                                                      
                                                                                                                                
MS. EVANS  SMITH relayed that compelling  evidence exists showing                                                               
a  link  between  indigenous children  with  strong,  traditional                                                               
cultures and  linguistic backgrounds  and academic success.   She                                                               
said  children taking  language  and culture  classes benefit  by                                                               
gaining  stronger   identities  and  an  appreciation   of  their                                                               
heritage.     Conversely,  American  Indian  and   Alaska  Native                                                               
teenagers who are  conflicted about their culture  are at greater                                                               
risk for  engaging in alcohol  and drug  use and dropping  out of                                                               
school.   She reported that  the ANHC's  nationally award-winning                                                               
after school  program and internship  program have  reached their                                                               
highest graduation  rates in  history.   She said  the graduation                                                               
rate for Alaska Native students  in the Anchorage School District                                                               
is approximately  43 percent,  while the  children in  the ANHC's                                                               
program  graduate at  a  rate of  83 percent.    Ms. Evans  Smith                                                               
stated,  "At  our core,  we  recognize  that indigenous  language                                                               
learning promotes  increased self-esteem  and confidence  for our                                                               
youth, and  a strong cultural  identity and  knowledge translates                                                               
into  a stronger  person overall."   She  said ANHC  is currently                                                               
working  to  develop  onsite  programs  that  provide  indigenous                                                               
language  and   learning  opportunities   in  a   full  immersion                                                               
environment.                                                                                                                    
                                                                                                                                
MS. EVANS SMITH, in response to  a request from the chair to wrap                                                               
up her  testimony, stated that  there are examples  of successful                                                               
attempts  to   restore  indigenous  languages  in   New  Zealand,                                                               
Hawai'i,  and Wyoming.   She  said  the proposed  bill will  help                                                               
unify  the programs  aimed at  restoring Alaska  Native languages                                                               
and  will provide  a much  needed political  infrastructure, both                                                               
inside  and outside  state  government,  to "promote  sustainable                                                               
Alaska Native  language efforts."   She  thanked the  joint prime                                                               
sponsors  and the  members of  the House  State Affairs  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
10:00:28 AM                                                                                                                   
                                                                                                                                
ROSITA  WORL,  Ph.D.,   President,  Sealaska  Heritage  Institute                                                               
(SHI),  testified on  behalf  of HB  254.   She  stated that  the                                                               
mission  of  SHI  is  to   perpetuate  the  Tlingit,  Haida,  and                                                               
Tsimshian  cultures,   and  its  goal  is   to  support  cultural                                                               
diversity  and promote  cross-cultural understanding.   She  said                                                               
SHI  has been  engaged in  language restoration  for the  last 12                                                               
years.   Dr. Worl imparted that  she also serves on  the board of                                                               
directors of  the Indigenous Language  Institute, is a  member of                                                               
the  National Council  of Native  American Languages,  and earned                                                               
her Ph.D. in Anthropology at  Harvard University, with a minor in                                                               
Sociolinguistics.    She said  she  would  give the  committee  a                                                               
written statement on Alaska Native  languages, which outlines the                                                               
need  for  [HB 254],  and  a  report  on Alaska  Native  language                                                               
programs  administered  by  Alaska  Native  organizations,  which                                                               
demonstrates   that  Native   organizations  are   successful  in                                                               
implementing Native  language revitalization programs.   She said                                                               
much more  is needed  to be done  in this area.   In  response to                                                               
Representative Johansen, she stated  her belief that professional                                                               
language expertise exists  within Alaska, and she  said that view                                                               
is supported in the aforementioned report.                                                                                      
                                                                                                                                
10:02:18 AM                                                                                                                   
                                                                                                                                
DR. WORL  shared her heritage in  both Tlingit and English.   She                                                               
said she is from the Thunderbird  clan and the Eagle moiety, from                                                               
the  House Lowered  From  The  Sun in  Klukwan,  a  child of  the                                                               
Sockeye clan.  She said her  Tlingit names embody both her social                                                               
identity and her  cultural values; they establish  a bond between                                                               
her  and her  ancestors and  create for  her a  responsibility to                                                               
future generations.   She said her social  identity reflects "our                                                               
world view  and our  relationship to  the land  and environment."                                                               
Dr.  Worl revealed  that  it  has taken  many  years  for her  to                                                               
resolve the conflicts between her  Native self and herself in the                                                               
non-Native world.   She explained  that she is of  the generation                                                               
of Alaska  Natives who were  forcibly kidnapped from  their homes                                                               
and put  in a  mission school to  be "educated"  and "civilized."                                                               
She said  conflicts still  exist for  many young  Native Alaskans                                                               
living in  both a Native  and non-Native  world.  She  stated her                                                               
belief that [HB 254] can do  much to bring about understanding of                                                               
cultural differences,  and she expressed  her hope that  it would                                                               
protect linguistic and cultural diversity.                                                                                      
                                                                                                                                
10:04:09 AM                                                                                                                   
                                                                                                                                
DR. WORL  outlined the  status of Alaska  Native languages.   She                                                               
warned  that unless  remedial action  is  initiated, most  Alaska                                                               
Native languages will become extinct.   She related the status of                                                               
the   following  languages,   according  to   a  United   Nations                                                               
Educational,  Scientific   and  Cultural   Organization  (UNESCO)                                                               
report:  Inupiat,  in the North Slope and  Kotzebue, and Gwitchen                                                               
Athabascan  languages are  listed as  severely endangered,  which                                                               
means that those  languages are spoken by  grandparents and older                                                               
generations, and,  while parent generations may  understand those                                                               
languages, they do not generally  speak them to their children or                                                               
among  themselves;   Aleut  and   the  Southeast   Alaska  Native                                                               
languages are  listed as critically endangered,  which means that                                                               
the youngest  speakers are grandparents  and older who  speak the                                                               
language  partially  and infrequently;  and  Yupik  is listed  as                                                               
vulnerable, which  means that most  children speak  the language,                                                               
but  it may  be restricted  to certain  domains, such  as in  the                                                               
home.  Dr. Worl noted with regret that Eyak is extinct.                                                                         
                                                                                                                                
DR.  WORL  said some  people  have  suggested that  the  proposed                                                               
Alaska  Native Language  Preservation  and  Advisory Council  may                                                               
duplicate the work  of the Alaska Native Center,  but she assured                                                               
the committee  that this  is not  the case.   She  emphasized the                                                               
importance of understanding  the difference between documentation                                                               
and  revitalization.    She  explained  that  the  Alaska  Native                                                               
Center, established about 40 years  ago, focuses primarily on the                                                               
documentation   of   Alaska   Native   languages.      She   said                                                               
documentation  itself  does not  lead  to  the restoration  of  a                                                               
language,  because  it  does  not   include  the  development  of                                                               
curriculum or the  training of Native language  instructors - the                                                               
two critical  components of language revitalization.   She stated                                                               
her belief that the legislature  fully understands the social and                                                               
economic cost  to a society and  to the state when  a significant                                                               
percent of its  population has a poor education.   She echoed the                                                               
comments of  Ms. Evans Smith  that children who grow  up thinking                                                               
their  language and  culture are  inferior often  have low  self-                                                               
esteem, which is a major factor in failure at school.                                                                           
                                                                                                                                
10:07:04 AM                                                                                                                   
                                                                                                                                
DR.  WORL opined  that Native  language restoration  benefits not                                                               
only  the language  itself, but  also society  as a  whole.   She                                                               
talked about  the millions  of dollars that  are spent  trying to                                                               
mend an educational system that  has failed Alaska Native people.                                                               
She  echoed  the  previous  testimony of  Ms.  Evans  Smith  that                                                               
studies  of   existing  programs  have  shown   that  integrating                                                               
language   and   culture   into  curriculum   improves   academic                                                               
achievement.   Dr. Worl  concluded by  stating that  although she                                                               
supports HB 254  as a means by which to  identify the barriers to                                                               
language  restoration, much  more needs  to be  done immediately.                                                               
She invited the committee to read her written testimony,                                                                        
[included in the committee packet].                                                                                             
                                                                                                                                
[HB 254 was held over.]                                                                                                         

Document Name Date/Time Subjects
01 HB0254A.pdf HSTA 2/16/2012 8:00:00 AM
HB 254
02 HB 254 Sponsor Statement.PDF HSTA 2/16/2012 8:00:00 AM
HB 254
03HB 254 Sectional Analysis.pdf HSTA 2/16/2012 8:00:00 AM
HB 254
04 HB 254 Amendment 27-LS1145- A 2.pdf HSTA 2/16/2012 8:00:00 AM
HB 254
05 HB254-DCCED-DCRA-02-10-12.pdf HSTA 2/16/2012 8:00:00 AM
HB 254
06 HB 254 SB 130 Letters of Support.pdf HSTA 2/16/2012 8:00:00 AM
HB 254
SB 130
01 SB89 Version R from (S)JUD.pdf HSTA 2/16/2012 8:00:00 AM
SB 89
02 SB89 Sponsor Statement Version R (2).pdf HSTA 2/16/2012 8:00:00 AM
SB 89
03 SB89 Sectional for Version R.pdf HSTA 2/16/2012 8:00:00 AM
SB 89
04 SB 89 Backup Ethics Committee Advisory Opinions.pdf HSTA 2/16/2012 8:00:00 AM
SB 89
05 SB 89 Backup Ethics Committee Minutes Relevant.pdf HSTA 2/16/2012 8:00:00 AM
SB 89
06 SB 89 Backup NCSL Links to States' Legislative Ethics Codes.pdf HSTA 2/16/2012 8:00:00 AM
SB 89
07 SB0089-2-2-013012-LEG-N.pdf HSTA 2/16/2012 8:00:00 AM
SB 89