HCR 19-GOVERNOR: AK NATIVE LANGUAGES EMERGENCY  3:33:37 PM CHAIR MEYER announced the consideration of House Concurrent Resolution 19 (HCR 19). 3:34:18 PM REPRESENTATIVE DAN ORTIZ, Alaska State Legislature, Juneau, Alaska, sponsor of HCR 19, provided an overview as follows: Over ten thousand years ago anthropological evidence suggests that the first human beings began migrating into the area we now call the State of Alaska, and when they migrated, they brought with them, of course, their culture, their language, and it became the initial, these different languages and these different cultures became the foundation of what we now have as Alaskan culture. Over the years and in more recent history, we've seen an increasing problem in that key elements of that culture of language are beginning to disappear. This resolution is attempting to at least bring light to that particular problem. The state has moved in the right direction by acknowledging and recognizing the 20 Alaska native languages as official languages of the state; however, recognition is just the first step. The intent of this resolution is the heed the suggestions put forth by the Alaska Native Language Preservation and Advisory Council (ANLPAC). The council strongly urges the governor to issue and administrative order recognizing the linguistic emergency that exits and state that it's the policy of the State of Alaska to actively promote the survival and continued use of all 20 Alaska native languages. In ANLPAC's biennial 2018 report to the governor and Legislature, ANLPAC warned that all 20 Alaska native languages are in crisis and most are predicted to become extinct or dormant by the end of 21st century. The State of Alaska can no longer sustain these rates of language loss unless policy changes are enacted that support people who are learning and speaking Alaska native languages throughout the state. The loss of language represents the loss of a critical piece of our history, culture and traditional way of life. I respectively request that the Legislature join me in the support of ANLPAC and the languages that represent intergenerational knowledge. As an added note, in 2008, we the State of Alaska lost last Eyak fluent speaker we now have Tanana language have only one speaker left who is now 93 years old, so that is two specific examples of where we truly are looking at a crisis or looking at the prospect of losing some of these key languages that are part of our Alaskan culture. SENATOR COGHILL asked what the process would be if an emergency administrative order was put forward. 3:38:21 PM JODIE GATTI, Staff, Representative Ortiz, Alaska State Legislature, Juneau, Alaska, addressed ANLPAC's 2018 biennial report and noted five specific recommendations by the council as follows: 1. Support for emersion programs. 2. Statewide assessment program. 3. Official apology from the State of Alaska. 4. Language normalization activities such as recognizing indigenous place names. 5. Language restoration by making Alaska native languages a requirement for high school graduation. REPRESENTATIVE ORTIZ added that the intent of the resolution was not necessarily for the governor to specifically adopt any type of recommendations, but to submit a plan to deal with the issue. 3:40:01 PM SENATOR COGHILL disclosed that he was raised in a village and noted his historical understanding and desire to keep languages but remarked that he would not raise the issue to an emergency level. He continued as follows: I would say it is definitely a cultural priority, there's no doubt about it; in fact, when we debated whether they should be official languages, I debated them on whether that was going to get them what they really wanted to do, and I think I was somewhat vindicated on that, but the question really is if we do an emergency rather than, let's just say we stop the resolution at the second resolve, to me that would compel us to some action, but when I think you put an emergency on it, you are asking for drama that may not do well in this arena. I'm just giving you my thinking on this, that's why I wanted to know what the emergency recommendations might looks like; for example, I was born and raised here, many of us were born and raised here, but my population up in the Fairbanks area turns over 20 percent every year, sometimes 30 percent. To ask them to apologize for something that happened 100 years ago may very well be a tall ask and may not raise to the level of an emergency; however, if there are things as a state can do to facilitate the growth of that language, most of us would be willing to do that. So, when you ask for an emergency, I begin to ask the drama questions because that's exactly what you are doing, you are raising it to a level of drama that I don't know it's going to be beneficial. I'm just bringing that point up because if the governor then writes out an emergency order and we don't act like it's an emergency, then I think those who would expect something to happen might actually feel a backlash that would be less than productive. I'm just giving you my opinion after having been through several discussions on native language issues. I agree, let's keep the language rich and the culture rich, but I think by demanding this dramatic language, I just haven't bought into that part yet. 3:42:34 PM REPRESENTATIVE ORTIZ replied as follows: I fully appreciate the point that you are making with the point that you just made and understand it and get it in terms of what it is you are saying. I think the word "emergency" as a part of the title was more not in the sense of trying to, it's just more of a recognition that it's happening right now; in other words, these languages are disappearing, it's just a fact that they are disappearing. So, it was more in recognition of that and knowing that if we don't do everything that we can, I don't think that this resolution is saying that it's the state's responsibility to deal with the issue. I think it's calling on the state to do everything that it can to facilitate, like you say, to facilitate activities and to promote actions that help to address the issue because 2 years ago or back when we adopted the 20 Alaska native languages, that was done, that was positive, I think that was under the Parnell Administration, it was very positive but we still have the problem. The reason for the resolution was to address that fact that we still have a problem in that the problem is probably only increased since that time. The sense of, for a lack of a better word, sense of "emergency" has increased since that time because we are seeing concrete examples now where the threat is very real, perhaps more real than it was a couple of years ago. 3:44:58 PM SENATOR COGHILL replied as follows: Only two things, first of all you are asking the administration to declare a linguistic emergency, I struggle with that; and then I remember the debate on the language issue and they were put in the official language section and the argument I remember very clearly because I had to deal with it is they said it was going to be very symbolic so that we could actually get some of these things done, now we are coming back stepping on the fact that they are official, not symbolic, but official and that we are going to now require an emergency. So, I just struggle with those kind of approaches and I know, I've already stuck my finger into the politically correct light socket, but at the same time I tend to appreciate the language. I was raised around the Athabascan language and I spoke Gwich'in language as a kid, I loved it, and I loved the culture that went along with it, and our school didn't promote it, they didn't forbid it, there was a generation before me that did forbid it, I get that, but it is also true that since probably the Native Claims Settlement Act, there are now more native speakers in my home town than when I was a kid, and I spoke it. I think we are doing what we can, but I just don't know that I want to put an emergency moniker on it, that's all. 3:46:36 PM CHAIR MEYER noted that the previous year the governor declared an opioid emergency, an act that allowed access to federal dollars to help with the crisis. He asked Representative Ortiz if he anticipated and federal dollars coming from the Bureau of Indian Affairs (BIA) or somebody if an emergency is declared. REPRESENTATIVE ORTIZ answered that he has not considered Chair Meyer's question and does not know how to answer. CHAIR MEYER opined that using the word "emergency" that the intent is to get somebody's attention, like what the governor had done with opioids where the federal government agreed and provided monies to help with the crisis. He said he was wondering if BIA maybe had a similar program. 3:48:08 PM MS. GATTI specified that what the governor did for the opioid crisis was issue a disaster declaration which is different from HCR 19 where the resolution is an administrative order. CHAIR MEYER asked Ms. Gatti to repeat what the governor issued. MS. GATTI specified that the governor announced a disaster declaration, which is probably the reason he was able to leverage federal funding. REPRESENTATIVE ORTIZ stated that he failed to note that Ms. Gatti is a First Alaskan intern and that she has been the main driver for HCR 19 and has done an amazing job pushing the legislation. 3:49:19 PM SENATOR GIESSEL commented as follows: Following up with Senator Coghill's comments, the word "emergency" appears in here twice at least as far as I can see, the last word and of course the last word in the title. Emergencies typically mean eminent danger of life and limb, so after a flood or an earthquake we declare a state of emergency, people are dying, we need federal money, we need troops to come in, the National Guard; but, what you are describing is actually a need for urgent action, right, because that is a word you keep using is "urgent" and I get that, that's actually what you are portraying here. So, would it be more helpful to with the last words of this recognizing a "linguistic preservation urgency" versus an "emergency" which portrays that life is in danger, because I think the word "urgency" actually gets to what you want, and it portrays the need for focus on the subject, quickly, a suggestion. 3:50:51 PM REPRESENTATIVE ORTIZ replied that he would not be opposed to the proposed change. He agreed with Senator Giessel that what he and the committee members are talking about is an urgent problem. SENATOR GIESSEL remined Representative Ortiz that he is a legislator and sometimes legislators defer too much. SENATOR WILSON shared his background when moving to Alaska when he was 18. He noted that all Alaskan educators must take an Alaska Studies course, a course that he had taken because his intent was to become a teacher. He revealed that his wife is from the Lower Yukon area and her sister-in-law is fluent in Yup'ik and works with schools. He disclosed that he had met Ms. Jones, the last Yup'ik speaker before she died in the early 2000s. He referenced the Alaska Native Language Center in Fairbanks as an institution that has started documenting the languages. He said he was not sure that the state has had a lot of cultural emergency programs. He explained that he was trying to figure out what more the State of Alaska can do with the emergency identified in HCR 19 and queried what the administration is being asked to do by issuing the emergency order. 3:53:43 PM REPRESENTATIVE ORTIZ replied that he did not have a specific goal in his vision for the resolution in terms of having the governor dedicate funds. He specified that his intent was to bring light to the issue and to encourage the governor to issue an urgent order, if the resolution becomes an urgent order rather than an emergency order, and to bring together a group of interested people that would look at the issue again to submit a report on recommendations. He said he did not know if the report would recommend money to be included. He conceded that there would be great hesitancy in dedicating monetary resources due to the state's fiscal situation. SENATOR WILSON asked if he was looking for more than a proclamation but less than an emergency declaration. REPRESENTATIVE ORTIZ commented as follows: The issue of the word "emergency" was brought before me for the first time today. In the previous bill hearings that we had nobody that I can recall brought up the issue of the word "emergency" versus "urgent," so that just came to me today. I do think that Senator Giessel makes a good point in the sense that really we are talking about an urgent problem, so I am open to that idea, but in terms of what my goal in bringing this forward is something, I think it's making a little bit too much of an interpretation, I didn't even come up with the concern about "emergency" until just ten minutes ago. SENATOR WILSON asked if his intent was to receive more than a proclamation from the governor. REPRESENTATIVE ORTIZ answered correct. 3:56:58 PM SENATOR COGHILL asked Ms. Gatti to confirm that the Alaska Native Language Preservation and Advisory Council was still an authorized body. MS. GATTI answered correct. SENATOR COGHILL inquired if the Alaska Native Language Preservation and Advisory Council was about to bring forward some recommendations. MS. GATTI answered yes. SENATOR COGHILL asked if recommendations from the Alaska Native Language Preservation and Advisory Council will be ongoing. He inquired if the council is a 501(c)(3) organization. He requested that Ms. Gatti help him understand the council's structure a bit more. MS. GATTI explained that the Alaska Native Language Preservation and Advisory Council was a state council created in 2012 from SB 130. SENATOR COGHILL replied that he recalled the bill. He asked if the council was given a sunset date or a charge in perpetuity. 3:58:21 PM MS. GATTI replied that there is no sunset date. SENATOR COGHILL explained that the reason why he asked will be part of the ongoing conversation. He inquired if Senator Olson was on the council. CHAIR MEYER asked if Representative Kreiss-Tompkins was also on the council. SENATOR COGHILL continued as follows: I'm then trying to then correlate why we would have the governor sign something unless they are not empowered to do something similar and so can you help me understand what the governor could do to either empower them or add extra drive to what they are doing. MS. GATTI replied that the council has six members with one member that is employed through the state. She specified that council members are essentially volunteers, native language experts from different regions throughout the state. SENATOR COGHILL commented as follows: The reason I'm asking is they are actually doing the work. I was just wondering if we do ask the governor to sign a proclamation of some kind, just name it: emergency, urgency, whatever it is. What do you expect that that might do there? Do you think that that would empower them differently or if it did, what would be maybe a responsibility the state might take on more? Just from your perspective of somebody who has worked, looks like you have worked this issue between them and us, so I'm just trying to get a feel for what you might expect that would happen within that council. 4:00:32 PM MS. GATTI replied as follows: The council was created to advise the governor and the Legislature on programs, policies and projects to provide for programs and recommendations that would enhance and revitalize Alaska native languages. The structure that they are currently housed under, to my understanding, can be prohibitive to their efforts in some ways. So, they are only allowed one-fulltime staff and they are only allowed one-paid trip each year. Certainly, part of it could be them being empowered, but again, I would have to go back to what the representative said about the governor consulting a group of people. SENATOR COGHILL explained that he was trying to get a context for the council. He asserted that the council was trying hard under austere circumstances, but so was everybody in Alaska. SENATOR GIESSEL shared that she just looked up the council and shared that one Senate member and one House member are part of the council. She conceded that she did not know who the people are that serve on the Alaska Native Language Preservation and Advisory Council. SENATOR EGAN noted that Senator Olson is a member. SENATOR GIESSEL reiterated that she was not sure and noted that she would like to hear from the senator and representative as far as what the council was doing. She continued as follows: I'm not sure where the group is going in terms of recommendations. The staff read some recommendations, one of which was suggesting that native language proficiency be part of graduation requirements, that's a bit far in my opinion, and it's not possible to execute that. I'm just trying to get more information about something that we're wishing to be more empowered and I want to know more about who's there, what they are doing, and I'd like to hear from the senator that is on this council. 4:03:21 PM CHAIR MEYER asked who the representative is that serves on the Alaska Native Language Preservation and Advisory Council. He assumed that Senator Olson serves on the council. MS. GATTI replied correct, Senator Olson serves on the council. She said to her knowledge there is not a representative that serves on the council. REPRESENTATIVE ORTIZ responded that he did not know. CHAIR MEYER remarked that Senator Giessel brought up a good point. He asked if anyone had contacted Senator Olson to see what the Alaska Native Language Preservation and Advisory Council is doing and if they agreed with the resolution. MS. GATTI noted that the committee members received a copy of the biennial report that was recently released by the Alaska Native Language Preservation and Advisory Council. 4:04:30 PM At ease. 4:05:40 PM CHAIR MEYER called the committee back to order. SENATOR GIESSEL detailed that the Alaska Native Language Preservation and Advisory Council is under the Division of Community and Reginal Affairs, which is part of the Alaska Department of Commerce, Community, and Economic Development. She said the Alaska Native Language Preservation and Advisory Council is an advisor council that currently has six members, one of which is Senator Olson. She pointed out that council members are appointed by the governor and serve three-year terms. She noted that she did not recall having a confirmation hearing for anyone appointed to the Alaska Native Language Preservation and Advisory Council. 4:06:24 PM CHAIR MEYER opened and closed public testimony. 4:07:26 PM CHAIR MEYER held HCR 19 in committee. 4:07:34 PM At ease.