SB 97-ALASKA NATIVE ART IDENTIFICATION SEALS  2:53:18 PM CHAIR FRENCH announced the consideration of SB 97. TIM LAMBKIN, Staff to Senator Stevens, Sponsor of SB 97, explained that the bill was introduced on behalf of the Alaska State Council on the Arts. It seeks to bring increased credibility to the silver hand program, which has been stymied by fraud. SB 97 has "no motivation other than to modernize the statues regarding silver hand permitting and to rejuvenate a program that is poised to blossom," he stated. MR. LAMBKIN explained that as the bill gained momentum problems came to light relating to the legal terms used in the definitions section. He noted a proposed amendment to address the policy issue of using phrases of recognized tribes in Alaska. CHAIR FRENCH asked for a motion to adopt Amendment 1. SENATOR McGUIRE moved Amendment 1, labeled 25-LS0405\M.1. SENATOR THERRIAULT objected for discussion purposes. MR. LAMBKIN explained the amendment intends to avoid inadvertent consequences of using the word "recognized" when referencing federal statutory language to define Indian tribes in Alaska. The bill is definitely not intended to open the debate of whether there are or are not recognized tribes in Alaska, he stated. CHAIR FRENCH asked how many years the silver hand program has been in statute. MR. LAMBKIN said since 1961. CHAIR FRENCH said the issue with respect to the amendment addresses the definition of what is and what is not a tribe. SENATOR THERRIAULT said he'd like Mr. Popely to discuss the limitations associated with using the definition with respect to the Indian Self-Determination and Education Assistance Act. 2:56:58 PM TED POPLEY, Legislative Legal Counsel, said the issue is controversial and largely unresolved from the legislature's perspective. CHAIR FRENCH asked if the controversial issue is the federal recognition of tribal status in Alaska. MR. POPLEY said the issue is whether or not federally recognized tribes with powers of sovereign governmental immunity exist in Alaska. The purpose of the amendment is to try to avoid that issue being further confused in this legislation, he stated. Certainly lots of legislation passes that addresses Alaska Natives as groups, but the danger is putting forth legislation that suggests that the legislature recognizes or wishes to recognize federally recognized Indian tribes for purposes such as sovereign immunity. CHAIR FRENCH asked Mr. Popely if he believes this amendment reduces the likelihood that there will be some recognition of sovereign tribes in Alaska. MR. POPLEY replied he believes that "Amendments 1 and 2 together…eliminate the issue altogether from this piece of legislation." CHAIR FRENCH asked if Amendment 1 takes care of the problem. MR. POPLEY noted that everything is contained in Amendment 1 and he articulated the view that it would "keep this issue from becoming a central part of this bill." CHAIR FRENCH asked for clarification that he sees that Amendment 1 incorporates both the ideas he referenced initially. MR. POPELY said yes. CHAIR FRENCH asked if there is further objection to Amendment 1. SENATOR THERRIAULT withdrew his objection. CHAIR FRENCH announced that Amendment 1 is adopted and the bill is back before the committee. SENATOR THERRIAULT asked if there is any need to insert boilerplate language - such as Congress inserts - stating that there is no intention to change the current status of recognition. MR. POPLEY said he doesn't think it's necessary. "The insertion of the language that describes Indian tribes through the federal definition…does specifically indicate that that list of groups is strictly for receiving benefits as defined by the federal government and for no other purpose," he stated. 3:01:14 PM CHAIR FRENCH stated that the bill was sent to the committee to fix this specific problem and that has been accomplished. He asked if there are any other concerns. SENATOR THERRIAULT stated that the existing stature has had an equal protection issue for 45 years. CHAIR FRENCH thanked him for the disclaimer and qualification and asked for the will of the committee. SENATOR McGUIRE motioned to report CSSB 97(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, it was so ordered.