HB 254-ALASKA NATIVE LANGUAGE COUNCIL  8:30:16 AM CHAIR LYNN announced that the next 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." 8:30:28 AM REPRESENTATIVE KELLER moved to adopt the proposed committee substitute (CS) for HB 254, Version 27-LS1145\M, Mischel, 2/20/12, as a work draft. 8:30:40 AM REPRESENTATIVE GRUENBERG objected for the purpose of discussion. He offered his understanding that the only changes made under Version M would be to subsection (c), on page 2, lines 13-22. 8:31:14 AM ANNETTE KREITZER, Staff, Representative Alan Dick, Alaska State Legislature, answered questions on behalf of Representative Dick, joint prime sponsor of HB 254. She confirmed that Representative Gruenberg was correct about where the changes would be made. In response to Chair Lynn, she explained that in the original bill version, subsection (c) proposed that the five voting members appointed to [the Alaska Native Language Preservation and Advisory Council] by the governor would be "professional language experts"; however, after consultation with Rosita Worl, Ph.D., President of the Sealaska Heritage Institute, the decision was made that "professional language experts" was too broad, because that term could include linguists who have no experience in Alaska Native language. The language that was decided upon was: "three of whom are professional Alaska Native language revitalization experts and two of whom are fluent in an Alaska Native language and engaged in revitalization efforts." Ms. Kreitzer said Dr. Worl is an example of the former and Representative Dick's wife is an example of the latter. 8:32:55 AM REPRESENTATIVE GRUENBERG suggested that there could be someone who is well qualified, who is fluent in an Alaska Native language but has not been previously engaged in revitalization efforts, and who would be useful on the council. He said he wonders whether a person must have been previously engaged in revitalization efforts or whether it could be someone who is an expert in the language and interested in revitalization efforts. He opined that there are so few people who meet the proposed criteria, and the governor should have as much leeway as possible, particularly with some of the more remote languages and dialects. 8:34:42 AM MS. KREITZER responded that those who are interested in the proposed legislation will put forward names of people they believe to be qualified. She said she does not think the language, as written [in Version M], would restrict the ability of the governor to select someone who is fluent in an Alaska Native language and is interested and has attempted to engage in revitalization efforts. REPRESENTATIVE GRUENBERG asked, "So, it could be ... either previously or currently engaged?" MS. KREITZER offered her understanding that that is correct. 8:35:53 AM REPRESENTATIVE GRUENBERG removed his objection to the motion to adopt the proposed committee substitute (CS) for HB 254, Version 27-LS1145\M, Mischel, 2/20/12, as a work draft. [There being no further objection, Version M was before the committee.] 8:36:14 AM MS. KREITZER, in response to a question from Representative P. Wilson, offered her understanding that the fiscal note for HB 254 is approximately $240,000. 8:36:51 AM MS. KREITZER, in response to Representative Johansen, said the normal, open board application process would be used, and the only restriction on the governor's authority is that the five voting members represent diverse regions of the state. REPRESENTATIVE JOHANSEN asked if the joint prime sponsor would object to an amendment stating that the Sealaska Corporation would submit names for the Southeast Alaska council seat, from which the governor would then choose. MS. KREITZER ventured that Representative Dick would respond that he does not want to restrict the opportunity for someone not affiliated with Sealaska to apply for a seat on the council. 8:40:28 AM REPRESENTATIVE GRUENBERG noted that there was an unoffered amendment in the committee packet, the language of which was subsumed into Version M, with one exception: the words "who are engaged in revitalization efforts" are in the amendment, whereas the words "and engaged in revitalization efforts" are in Version M. He noted that that underscores Ms. Kreitzer's prior acknowledgement that the person could be either previously or currently engaged. He observed that language on page 3, line 1, gives the governor a date by which he/she must make the appointments, and he asked Ms. Kreitzer if it is the intent of the joint primer sponsor that the legislative appointments also would be made by that date. 8:42:08 AM MS. KREITZER answered yes. She said there was a point in time when governors were not making timely appointments; however, in general, if the House and Senate pass legislation, those bodies will make the appointments required by the piece of legislation. 8:43:10 AM CHAIR LYNN closed public testimony. 8:43:31 AM REPRESENTATIVE JOHANSEN moved to adopt Amendment 1, as follows: Page 2, line 19: Following "members." Delete "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 states." 8:44:03 AM REPRESENTATIVE P. WILSON objected for the purpose of discussion. REPRESENTATIVE JOHANSEN stated that deleting that language would allow the Senate President and the Speaker of the House to determine who would be best to serve on the council, without necessarily having to find someone who is a member of the bush caucus. He said he, Representative P. Wilson, and Representative Kerttula are members of the bush caucus; however, Representative Kerttula, for example, does not necessarily represent a rural area of the state. He opined that [requiring the appointment of a member of the bush caucus] would disqualify people who were born and raised [in rural Alaska] and speak a Native Alaska language, but have moved to an urban area of the state where they are not part of the bush caucus. He questioned that someone who grew up in an urban area and subsequently moved to a rural area would be more qualified. 8:46:32 AM REPRESENTATIVE GRUENBERG stated his support of Amendment 1. He echoed Representative Johansen's point that someone living in an urban area may have come from rural Alaska and speak a Native Alaska language fluently. 8:47:39 AM REPRESENTATIVE P. WILSON said she would like to hear what the joint prime sponsor thinks of Amendment 1. 8:48:15 AM MS. KREITZER said [the joint prime sponsor] opposes Amendment 1. She said she understands Representative Johansen's concern; however, with the language as is, there would be many members of the bush caucus that would be qualified. 8:48:50 AM REPRESENTATIVE KELLER stated opposition to Amendment 1. He said he cannot imagine a scenario in which there would be no qualifying names for the Senate President and Speaker of the House to put forward. 8:49:56 AM REPRESENTATIVE P. WILSON maintained her objection. 8:49:59 AM A roll call vote was taken. Representatives Gruenberg and Johansen voted in favor of Amendment 1. Representatives Seaton, Keller, P. Wilson, and Lynn voted against it. Therefore, the motion to adopt Amendment 1 failed by a vote of 2-4. 8:50:33 AM REPRESENTATIVE KELLER moved to report CSHB 254, Version 27- LS1145\M, Mischel, 2/20/12 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 254(STA) moved out of the House State Affairs Standing Committee.