Legislature(2007 - 2008)CAPITOL 106
05/01/2007 05:15 PM House ECONOMIC DEV., TRADE, AND TOURISM
| Audio | Topic |
|---|---|
| Start | |
| Presentation by Nana Regional Corporation Inc. | |
| SB97 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 97 | TELECONFERENCED | |
SB 97-ALASKA NATIVE ART IDENTIFICATION SEALS 6:49:50 PM CHAIR NEUMAN announced that the next order of business would be CS FOR SENATE BILL NO. 97(JUD), "An Act relating to identification seals for certain articles created or crafted in the state by Alaska Native persons; relating to the Alaska State Council on the Arts; and making certain identification seal violations unfair trade practices." 6:50:31 PM TIM LAMKIN, staff to Senator Gary Stevens, Alaska State Legislature, presented the sponsor statement for SB 97 on behalf of Senator Stevens, sponsor, and the Alaska State Council on the Arts (ASCA). Mr. Lamkin informed the committee that the Silver Hand seals are a marketing tool that is used to represent that an article of art has been authentically made in Alaska by an Alaska Native. Originally begun in the 1930s, at the beginning of the worldwide interest in Native art, the emblem has often become a victim of fraud. He said that SB 97 is a measure to modernize the statute, strengthen the program, and protect the artists. 6:53:52 PM CHAIR NEUMAN asked whether SB 97 will change the bloodline requirements to quality for a permit to use Silver Hand seals. 6:54:20 PM MR. LAMKIN responded that SB 97 will strike references to blood quantum and bring the qualifications for permit holders equal to those at the federal level. BENJAMIN BROWN, attorney at law, and vice chair of the Alaska State Council of the Arts, informed the committee that the bill was the result of work by an ASCA task force that consisted of Alaska Native artists. He assured the committee that the bill was unanimously supported by the council. The task force studied the existing statute and made housekeeping changes that are not controversial. 6:56:09 PM CHAIR NEUMAN noted that on page 4, line 13, there is a new state residency requirement. 6:56:55 PM MR. BROWN indicated that an artist can retain residency by stating his/her intent to return to the state permanently. 6:57:23 PM REPRESENTATIVE GATTO asked for the source of the steel used to craft an ulu. 6:57:43 PM MR. BROWN responded that SB 97 allows for use of imported materials. 6:58:19 PM MR. LAMKIN added that this bill will also put more emphasis on the artist and his/her creation, rather than the materials used. 6:58:32 PM WALTER SAMPSON, Vice President, Land and Natural Resources, NANA Regional Corporation, Inc., opined that this bill will narrow the statewide issue regarding Native status down to a tribal issue. Blood quantum, he advised, is a divisive issue, as is the residency requirement. 7:00:36 PM MR. LAMKIN clarified that an out of state Native artist would not be prevented from the sale of his/her art, but he/she would not qualify to use the Silver Hand seal. 7:01:32 PM CHAIR NEUMAN stated that the committee will probably hold SB 97 due to the negative comments he has received. 7:02:02 PM L. SAUNDERS MCNEILL, Director, Community and Native Arts Program, Alaska State Council on the Arts (ASCA), informed the committee that the use of the Silver Hand seal is limited to state residents due to the lack of ASCA jurisdiction outside of state boundaries. She noted that ASCA maintains partnerships for enforcement of the Silver Hand program with the attorney general's office, the Federal Trade Commission, and the Indian Arts and Crafts Board; however, enforcement must be within state boundaries. 7:03:12 PM CHAIR NEUMAN asked whether there are circumstances under which a non-resident artist could use the seal. 7:03:39 PM MS. MCNEILL said that the intent of the program has always been to designate Native art that is produced in the state. Exceptions are made for artists stationed in the military outside of the state. 7:04:24 PM REPRESENTATIVE LYNN asked whether the Silver Hand seal differs from the "Made in Alaska" bear symbol. 7:04:55 PM MR. LAMKIN answered that the Made in Alaska tag is used for manufactured, mass-produced goods, although artists sometimes use both symbols. He explained that the Made in Alaska symbol is owned by the Department of Commerce, Community, & Economic Development (DCCED). 7:05:50 PM REPRESENTATIVE DOOGAN confirmed that there is no enforcement to prevent misuse of the Silver Hand seal outside of Alaska. 7:06:37 PM MS. MCNEILL affirmed that nationwide, regulation of Native arts is a problem. She noted that the ASCA is tasked to administer the Silver Hand program and not to determine who qualifies. Tribes designate individuals as members, and the ASCA would simply require a permit holder to prove the artist's registration in a tribe. 7:08:17 PM REPRESENTATIVE DOLL remarked: I just need to have something clarified. ... On page 5, [line 3], where you said, original, meaning new, unique, not a reproduction, or without the use of a mechanized duplication instruments. ... Were you mentioning, Mr. Brown, that, for example, we could import the steel that's already fashioned, and then the wood would be already there, and you just have to put it together. Is that the idea? 7:09:03 PM MR. BROWN said no. He relayed that he was trying to explain the diversity of media and materials that are used in the creation of art. The program does not try to micro manage the determination of handicraft versus art, and the bill seeks to streamline the statute that refers to artwork. Mr. Brown added that the changes in the bill were to identify Alaska Native artists and their work that is being sold in Alaska. 7:10:04 PM CHAIR NEUMAN opined that there is some confusion about the Silver Hand seal program. 7:10:24 PM REPRESENTATIVE DOOGAN observed that an original painting would qualify for a Silver Hand seal, but the resulting prints would not. 7:11:02 PM MS. MCNEILL explained that there are different types of printing processes and the intent of the legislation is to issues permits to print artists that maintain a direct relationship with their artwork. When an artist is the printmaker, the art work will qualify for a Silver Hand seal. However, multiple reproductions of original art may not. She expressed her hope that the changes in statute will make the program more inclusive for all Alaska Native artists. 7:12:37 PM REPRESENTATIVE GATTO stated that "Alaska Grown" has been patented to protect its use. 7:13:26 PM MS. MCNEILL responded that the Silver Hand seal is a registered trademark in Alaska, and ASCA is in the process of obtaining a federal trademark for the seal. 7:14:34 PM CHAIR NEUMAN stated the committee's intent to garner, from artisans, additional testimony on SB 97.
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